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Aiders and abettors -- The law finally takes its course
Finally, more than a year after the Rashtriya Mukti Morcha moved the courts,
justice is being perceived to be done in the JMM case. The chargesheet
should serve as a compelling object lesson for future politicians and help
clean up a political system that is almost beyond salvage. Today, very few
Indians repose any confidence in the political class. If the situation does
not change for the better in the near future our political system, which is
driven by the people's ability to send their trusted representatives to
Parliament, could suffer some damage. Earlier, the MPs involved in the JMM
case had argued that the voting preferences of legislators were not the
law's business. The court at Vigyan Bhavan has clearly said that it is
indeed the law's business when those preferences are tainted by hopes of
monetary gain. Now, the law should award exemplary punishment that can serve
as sufficient deterrent to the whole political class.
While the developments are welcome, one wonders if the law ought to
discriminate between those who took money and those who gave it. The
principles of natural justice would find both parties in an illegal
transaction equally culpable. In fact, those who gave the money should
actually shoulder most of the blame, because they initiated the moves that
subverted the political process. It was they who had the primary motive:
saving their Government from a certain fall. Their crime was against the
people. The JMM MPs are only guilty of forging financial documents to cover
up the receipts. After all, they had not put their votes up for auction.
Rather, they were tempted with bait. In fact, it was Narasimha Rao who
started the ball rolling by expressing an interest in buying votes. He was
the prime mover, yet he figures in the case only as an abettor. It is true
that all the accused have been charged under the same sections of the
Prevention of Corruption Act, but the categorisation might detract somewhat
from the perceived blameworthiness of the Congressmen involved. In the final
analysis, however, this is a landmark ruling. Never before have Indian
politicians been called into question for the manner in which they execute
their legislative functions. With this case for a precedent, every aspect of
a politician's conduct is now under scrutiny, even those for which he has
traditionally invoked the protection of privilege. By extension, the common
man, who has always been led to believe that he can have his say only in the
polling booth, now has the right to question the conduct of his
representatives while discharging any of their functions, whether it is
piloting a Bill or voting on a no-confidence motion. Measures such as this,
which promise the possibility of monitoring and controls, will go a long way
in restoring public confidence. The people have to be reassured that the
political class will not be given a free hand in running the country. The
law will indeed take its own course, even when it runs counter to the
expectations of the law-makers themselves.
Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.
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