Monday, June 6, 2011

Some stunning facts about CWG scams and corruptions

The Prime Minister has announced Shunglu committee to enquire into corruption in commonwealth games projects. CAG, CVC, ED, Income Tax CBI etc are already doing their enquiries. Has the Prime Minister lost faith in these agencies? It is not surprising.


Let us look at the state of the enquiries going on so far. CVC is looking into just about 18 contracts or so, when there are thousands of contracts and much bigger ones. With the range of politicians facing allegations, CBI can be least entrusted to do an honest investigation, as it is directly under the government and takes its orders from the same set of politicians. ED is looking into only foreign exchange related matters like controversies surrounding Queen’s baton etc. One is not sure of the ambit of CAG’s enquiries but both CAG and CVC do not have the jurisdiction and powers to peep into the role of politicians. So, effectively politicians are out of all ongoing enquiries and it is believed that most of the money has finally landed with the politicians.


So, Prime Minister decided to set up a Shunglu committee. But the prescription seems to be worse than the disease. Shunglu committee neither has powers nor jurisdiction to conduct the most basic enquiries. Forget politicians, it does not even have the powers to call for records from an ordinary clerk. Suppose it calls for records from a particular department and that department refuses to comply. What powers does Shunglu committee have to enforce its directions? Does it have powers to summon officers, politicians or contractors to question them or record their statements? Agencies like CVC and CAG draw their powers under various laws. Yet, they find it so difficult to get their orders implemented from obdurate and corrupt government machinery. Under what law would Shunglu committee get its orders implemented? It would be foolhardy to believe that the bureaucracy would oblige just because Shunglu has been appointed by the Prime Minister.


Some people believe that Shunglu committee will coordinate the efforts of all these agencies. That is a completely wrong assumption. It does not have any powers to direct any of these agencies.


So, Shunglu committee is basically an eyewash meant to silence the strong criticism in media and to pretend that the government is taking action and is serious.


Interestingly, when Mayawati or Lalu Yadav face allegations of corruption, it is CBI that investigates. But when ruling party faces such allegations, then why is Shunglu committee asked to investigate?


Mr. Kalmadi, the chairman of CWG scam
Moneys made in Commonwealth Games are believed to have travelled right upto the top. Neither CVC nor CAG nor even Shunglu committee have either the mandate or the powers to question Sheila Dikshit or Kalmadi or Jaipal Reddy or any other politician or to raid them. The money is said to have travelled even beyond. All these agencies will merely be concentrating on tenders and papers and questioning upto middle level officers who were merely conduits and doing the bidding of their political masters.


I would sincerely urge Mr Shunglu not to tarnish his reputation by colluding with the government in this cover up operation.


Massive corruption in Commonwealth Games and 2G spectrum has raised the issue of corruption to a pitch as it never happened before. The government is under pressure. That is the reason it is trying to silence media through the appointment of Shunglu committees et al. However, rather be fooled by these steps, it is time that we demanded comprehensive and effective anti-corruption systems and laws.


The present anti-corruption laws and systems in our country suffer from internal contradictions. There are plethora of anti-corruption agencies. In each of these agencies, the government has deliberately left some critical loophole so as to make it ineffective. For instance, CVC is an independent body but does not have powers to take any action. It is merely an advisory body. Plus, it does not have jurisdiction over politicians. CBI has the powers but is not independent. It is directly controlled by the government. Also, CBI needs government’s permission to initiate investigations and to launch prosecution in any case. So, one agency has the powers but is not independent. The other agency is independent but does not have the powers.


Government has announced setting up of yet another agency called Lokpal by December. Again, the government is playing nasty. According to government’s proposal, Lokpal would have jurisdiction over politicians but not bureaucrats, as if politicians and bureaucrats indulge in corruption separately. So, almost every case will be investigated by both CVC and Lokpal - CVC will look into the role of bureaucrats and Lokpal will look into the role of politicians. Doesn’t it sound absurd? The obvious question is why can’t the same agency investigate both? And the most interesting part is that even the Lokpal is being made an advisory body! It would merely recommend to the government to initiate prosecution against, say some of its ministers. Do you think the government would ever do that?


So, all these agencies have been set up just to befool the people of this country. Media has done a wonderful job of exposing corruption in Commonwealth Games and 2G spectrum. Unfortunately, in the last few days, media is taken in by the tits and bits of the news provided by all these agencies. Completely inconsequential leaks from PMO or any of these agencies become headlines. Media seems to be falling prey to government’s gameplan of doing a whitewash of the whole episode.


It is time that the media focused on the critical issues afflicting our anti-corruption systems. Let media say that unless these deficiencies were addressed, no agency was capable of doing an honest and effective investigation. All these agencies should be merged into one single agency of Lokpal, which the government plans to set up soon. Give Lokpal jurisdiction over both bureaucrats and politicians. Give them complete powers to investigate and prosecute the guilty without needing any permissions. But the functioning of Lokpal should be completely transparent so that they do not become centres of corruption. Lokpal should also be appointed through a transparent and participatory process, lest it becomes a tool in the hands of some political party.


Let Government first set up such a Lokpal. And then hand over CWG and 2G spectrum cases to Lokpal. Only that could yield effective results. Else, it is all cacophony going on in media with the outcome already known. There if you really want to know about our Lokpal Bill, click here.

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