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Karnataka Lokayukta Justice Santosh Hegde (retd), part of the group that finalised the activists’ version of the Bill, acknowledged he had “objections” to certain clauses.
“I would not like to say much else. While I say that the government’s Lokpal Bill is of no use, I am not completely with the Jan Lokpal Bill, too, although it’s much better. I would certainly say that the government should talk to civil society and incorporate their views while the civil society should also participate in any such discussion with an open mind. It has to be a two-way street,” Justice Hegde told The Indian Express.
Some of the clauses that Hegde is said to have objected to include: the Bill’s blatant directives to the judiciary, including to the Supreme Court on how to handle petitions related to the Lokpal; provision of life imprisonment as punishment under the Prevention of Corruption Act; barring the Supreme Court from dismissing any petition for removal of the Lokpal in liminae (at the threshold).
“Left to myself, I would like to have judges under the purview of the Lokpal. But I am not the final word on this matter. We will have to go by what the Constitution provides for. We will need to repeal or amend many Constitutional provisions, including the matter of impeachment (for the Bill),” he said.
Lawyer Prashant Bhushan, also one of the members involved in drafting the Bill, said he had no objection to the National Advisory Council (NAC) re-drafting the Lokpal Bill.
And NAC member Aruna Roy signed a statement today, along with Nikhil De and Shekhar Singh of The National Campaign for the People’s Right to Information, praising Hazare for helping create a groundswell of public support for the Jan Lokpal Bill but clearly opposing the demand for 50% of the drafting committee being from civil society.
The statement said: “Bypassing democratic processes for political expediency however desirable the outcome, may be detrimental to democracy itself. Thus our focus is not on ensuring that there is 50% representation for civil society with members of the GoM who are entrusted with drafting the Bill, but to demand that the Government immediately announce its intention to pass a strong Lok Pal legislation based on wide public consultations.”
Another bizarre clause that has attracted criticism is the one that seeks to establish a separate fund by the name of Lokpal Fund. According to the draft, this Fund will include penalties/fines imposed by the Lokpal and “10 per cent of the loss of public money detected/prevented on account of investigations by Lokpal.”
Meanwhile, Hazare, in a letter to Prime Minister Manmohan Singh today, underlined the demand for a joint committee — of activists and government officials — to draft the Bill. “It is being said that the government wants to talk to us and we are not talking to them. This is utterly false. Tell me a single meeting when you called us and we did not come. We strongly believe in dialogue and engagement. Kindly do not mislead the country by saying that we are shunning dialogue.”
“The NAC sub-committee has discussed Jan Lokpal Bill. But what does that actually mean? Will the government accept the recommendations of NAC sub-committee? So far, UPA II has shown complete contempt for even the most innocuous issues raised by NAC,” said Hazare.
He also rebutted suggestions by Congress spokespersons that he had been instigated to go on fast. “This is an insult to my sense of wisdom and intelligence. I am not a kid that I could be instigated into going on an indefinite fast. I am a fiercely independent person.”
He said he had no faith in the government’s process of drafting an anti-corruption law because many of the members of the Group of Ministers “have such a shady past that if effective anti-corruption systems had been in place, some of them would have been behind bars”.
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The matters concerning the National Security, Corruption amongst High Offices and Politicians, Judiciary disputes must have the Members across the Political parties as well as the Eminent Professional from different fields and Retired luminaries. It is futile if only Governing Political party decides what is right for that nation than it is against the Democratic principles. Until now it has been a dictum to decide by one and only one party and its stooges to preform. This body knows the right legislature for the Nation. Opposition views are noted as just for the sake of discussion in Parliament. This is against the democratic norms. Buying MP's for the support must come to end sooner the better. But the problem is who is to decide about all these matters. Only honesty amongst the politicians of different parties and Bureaucracy will improve the situation. Dr. Ambekar.
I THINK IE IS NOT WITH TRUTH, IT TRY TO DEPRESS THE STRUGLE AGAINEST CURREPTION.
Anna started many agitation in past also but could succeed in any one. Hegde is a confused person. One day he says Advani Ji is like my father and next day start abusing BJP. Indira clan has made 90 % of India corrupt. Country wealth is being looted by Indira clan and their boot licker Congressi on the name of casteism, pseudo secularism and regionalism for the last sixty years. Any body who says I am secular means he is the most corrupt man.
is this bill only for politicians only? What about babus and police ? What about teachers they want to give tusions only.
It is good that some one like Anna Hazare highlighting the corruption in Inidia and on fast for enacting lok pal bill to deaal with the corruption at the highest level. Everybody with him. However, when Govt. approached him to end fast and cooperate with Govt. in drafting bill, the activities pre-conditon that Hazare should chair the committe is totally wrong. Only thing he/activist call of the fast join the committee and draft the bill to the satisfaction of all.When a govt. headed by elected representative , good or bad , Anna can not dictate terms on how the draft to be finalized. Govt. also speak to other political parties and other legal expert, hence Anna should call of the strike and wait for some more days. Having waited for 60 yrs. he can wait anaother few months, heavan is not going to fall, if he wait some more days. More then he his supporters spl. Kejrewala can not dictate terms. Coorpution is a global issue elected Govt. to be given sufficient chance.
The kind of attention it received is purely because of the objectivity without the political motive. Do not allow with sham terms of elected... Let this movement go all the way till it gets for what it started- a solid bill where there is no room of eternal wait for the culprit to escape the noose
The title is very misleading, Request to the press is stop misleading the people you will be doing a great disservice to the country and your country folk.
My respect for IE is less with the kind of journalistic nonsense it is dishing out. Does IE not want corruption to be done away with? Why is it publishing wrong facts? Or has the corrupt Congress influenced IE also?
The answer to your observations is, unfortunately, yes. Gone are the days when IE was known for its "Journalism of Courage". Today it is very much a part of Government orchestrated media. I have also not come across any article or report by IE in which any party or movement against the UPA that it has not adversely commented either explicitly or implicitly.
I would like to mention that the title of this article is very misleading, and passes a construed message instead of accurate one. There is no "CRACK" separation etc in ANNA's team , Mr Hegde made a choice to make the bill more practical. His comments are constructive to ensure that it doesn't get turned down by constitutional system where Legislative and Judiciary work with rules of constitution.
Well said. That there is dissent and discussion does not mean there are differences in what they want to achieve. IE is insinuating that these indicate "cracks" and a fissure in this movement.
It is high time that a similar movement is launched to formulate a set of rules to bar politicians with serious criminal backgrounds from participating in election.
IE has done it yet again. To me it appears to be intentional to sensationalize the issue. I am sure that IE personnel are smart enough to read and comprehend an article and give an appropriate heading.
A clever ploy by media & its political godfathers to divide Anna, but you guys should know that Anna doesnt have any team, he's a one man army, he has fought against injustice all these years only through his determination and will power and not with any suppoet of the so called team, my sincere request to media is to stop confusing people and help Anna in his crusade
I agree. Indian Express is misterpreting and mis guiding people of India. This the time for all of ur to unite and stand strong against the corruption. Jai Hind
SUPPORT THIS INDIA'S PEACEFUL MOVEMENT. IN MEANTIME STOP BRIBING ,INSTEAD GIVE THEM TIGHT SLAP & HUMILIATE THEM PUBLICLY. JAI HIND JAI BHARAT
Mr Hegde has expressed his opinion. I cant understand why Indian express is trying to misinterpret his views. Are you trying to support the congress party in power....
This is a classic example of how some journalists are always looking for some headline even where it does not exist. To imagine a team and then say that it is not playing as a team fooling yourself.
OLD TIMERS LIKE (BORN PRIOR TO 1935) ARE WELL AWARE THAT SINCE INDEPENDENCE, NO GOVT WAS KEEN TO CURB THE MENACE OF CORRUPTION. ITstarted with 'rationing' imposed during second world war. Then came the elections &funding of elections. In govt offices, IT DID NOT TAKE MUCH TIME FOR BABUS/MINISTERS/MPS TO LEARN THE WAYS TO MAKE A 'QUICK BUCK'. DON'T SAY THAT NO BODY KNEW OF THIS . THOSE WHO COULD NOT TAKE THE'SHORT CUTS' SUFFERED AND ARE STILL SUFFERING. WITH PASSING YEARS , PEOPLE LEARNT THE 'LOOP HOLES' TO MAKE 'BIG MONEY' ! Even our late prime minister indira gandhi had to coceed tha'CORRUPTION IS A GLOBAL PHENOMENA"! LET US PRAY AND HOPE THAT ANNA HAZARE SUCCEEDS IN HIS MISSION.OUR PUBLIC IS STILL NOT MATURE ENOUGH TO DECIDE TO JOIN THE CRUSADE STARTED BY ANNA !!
Shame on Indian Express , you are passing wrong message . Be Correct. Hegde message is not a reflection of splitting or Anna's movement
Ideally, a law is meant for public and be framed by public. When our representatives are not doing their duty, the public has right to frame the right kind of bill. It has more legal validity than the Group of ministers. W#hatsoever now, public decides, Govt. should frame that. The current agitation and people's unprecedented support to Jan Lok Pal bill is enough evidence that , it is what the public wants; so no hassles.
Yes you are correct.
Mr Manmohan Singh and his team's men and women some how want to derail Anna's movement of anti corruption, and make it a flop.They simply say they are against corruption but refuse to talk to Hazare where all his points are relevant and most practical.It seems that Mr Singh is afraid,if the anti corruption Lokpal bill as envisaged by shree Hazare is passed and brought into law his coalition government will fall as it is based mainly on the prospects of corruption. I am afraid that Mr Singh's government waits till Anna breaths his last ,which should not happen.
The title is misleading. From the statements of Justice Santosh Hegde, who himself was a member in the drafting of the Jan Lokpal Bill, nothing unusual or wrong appears. It is true that the proposed draft in its present form cannot be adopted whole sale. There has to be deliberations and a final draft has to emerge which will give effective tooth to the Lok Pal and Lokayukt institutions and also provide protection from its misuse. The higher judiciary i.e. the Supreme Court will have to be kept above it, but there has also to be a separate mechanism to deal with corruption cases against the judges of the apex court. The present procedure of impeachment is just absurd. And what Anna Hazare wants is a joint drafting comittee, which will finalize the draft taking the best provisions from both the sides. One thing more, the Govt should nominate senior advocates and non-controversial political personalities into the committee and not people like Sharad Power, Kapil Sibal, et all.
Easy to find the villains now. All those previous 'heroes', now opposed to the democratic Bill, are the TRUE villains on the piece. SHAME on them. Make the judiciary accountable as well. NO ONE is above blame.
There is no problem in the team.Problem is with your news creation.Instead of supporting the Hazzare issue,you are splitting the team.Support them unconditionally.Boost their morale.There is no team for Anna.ANNA IS THE LAW AND ANNA IA IS THE TEAM for aam aadmi.The rest of the people around him is just like politicians.So help Anna to help India...I know you may not like this and will not publish this...does not matter.I do'nt care.
I agree that the headline is misleading. Mr. Santosh Hegde has expressed his views on certain clauses and that does not mean he has difference with Mr.Hazare. Yes, on specific clauses, there may be differences always. But, on the larger issue of corruption, I dont think Mr Hegde differs with Mr Hazare.
Where is the crack. Is this an attempt crack by the press. Mr. Hegde has clearly supported the cause live on TV.
The title of the article is clearly misleading - there is nothing that Mr. Hegde has said that even hints of him having differences of opinion Mr. Hazare or his team. Probably the media is also equally jittery about the possibility of the passing of the Lokpal bill with teeth.