In India, every where there are loot of public money. Mainly political class in all political parties and their henchmen are robbing the money and resources of the Nation! Officials, judges and holders of constitutional posts are also not lagging behind in the naked drama. Hardly ten percent of allotted money for a project and schemes are spent at ground level. Estimates of big and small projects are inflated or crafted in such nefarious manner that major chunk of money are gobbled up.People of the country are silent spectators!
Wealth of politicians, contractors, neo-rich class, bureaucrats , judges are increasing rhetorically. Honesty among them are in microscopic minority! Entire system has collapsed and misuse and misutilisation of funds have become order of the day. If one goes by the only reports of successive years by the Comptroller and Auditor general of India (CAG) into the accounts of union government and different state governments, peoples' money to the tunes of Rs 4000 lakh crores have been looted and such generation of black money has resulted into serious set back to the economy of the common masses and ultimately the country. Ultimately these money are stacked in the foreign banks and investments in different sectors by these thieves and looters!
More over, thousands of corruption cases registered against politicians , bureaucrats, judges and many others are languishing in different courts of the country for the last several years. Hardly one.five percent such corruption cases have proved and many of them have been convicted and are languishing in jails-but in many cases , they are let off by higher echelon of judiciary in the entire country.Not only the legal system is blamed but the old laws and rules of Cr.P.C and IPC are also proving big stumbling bloc to reach the corruption cases or any other criminal cases to the logical conclusions.
A recent essay on corruption, written by eminent writer Mr A G Noorani, on loot of public money by political class in India, in The Hindu has said, " The Penal code of 1860 and the Cr. P. C of 1895 were enacted when there were no" ministers". They came much later. The sanctions provisions in the Cr.PC, were designed to protect minions of the Raj. Today they make the government, judge in its own cause if a minister comes under a cloud. No other democracy has it...........Changes of government were no more than reshuffles among political cliques and politicians were primarily motivated by venality and self-interest. Clashes within parties are more real that the ones between them.The start will proceed apace and all will faithfully disclose their assets to an admiring public---while India is being looted by this political class........"
Bribery has become a menace- It is in defence, telecommunication, power generation, investment deals in union government and the state governments as well as delivering choice judgements in courts right from lower courts to high courts and the Supreme court. Judgements are purchased. In many serious corruption cases, many political leaders, officials , judges, involved , have been acquitted either from lower courts to Supreme Court. On the patronage of political class, bureaucrats and government staff discriminate in giving just order and on payment of bribes, the works are done. Political class specially ruling party or alliance bend or subvert the rules and laws to give favours with sole purpose to mint money.. Recent instances are telecommunication scams and many other defence deals in union government and various such corrupt practises in various state governments.
Sadly power-that -be involve their rivals in different scams bypassing the involvement of their own leaders . One such instance is multi-crore -animal husbandry scams in the joint Bihar. the former chief minister and Rashtriya Janata Dal national president Laloo Pradad Yadav and his wife and former chief minister Ms Rabari Devi were got involved in various cases of AHD scams while despite statements in the court by big mafia of AHD that they have also paid crores of rupees to the present Bihar chief minister Nitish Kumar and his companion and former minister as well as national general secretary of the JD(U) Shivanand Tiwari,MP, the CBI did not think it proper to even investigate the matter. Recently on the directive of the Ranchi High court, the Special CBI court has taken up the matter and is investigating the allegations levelled in the court records about involvement of Nitish Kumar and Shuvanand Tiwari by examining the matter himself and also through CBI. Such discrimination is very much common among the ruling political classes against their rivals politicians throughout the country!
This apart there many loopholes in our laws and legal system and judicial Prudence. Taking advantage of these loopholes, many scamsters are acquitted. For example--Laloo and his wife were acquitted a few years back in a Disproportionate assets case in the wake of AHD scam; recently an IAS official Sajal Chakrovartoy, who was neck -deep involved in the AHD scam, was let off by the court recently. Fate of all these AHD scam cases, registered by the CBI are gradually falling like house of cards!
Cases of corruption against the chief minister of Tamil Nadu Jaylalitha, which has been pending since long and had been transferred to Banglore court by the Supreme Court, are at stand still for the last over nine years. Recently , a government advocate , pursuing the case on behalf of government, has resigned citing several reasons including political pressure. One more example is failing flat the corruption cases against the former chief minister Mayawati..Noorani has commented in his Hindu article," consider but one instance, the judgement must be with hold till the court pronounces on it, but which nonetheless cannot raise a suspicious eyebrows. It is the case of that champion of the down trodden, Ms Mayawati of Uttar Pradesh. The Central Bureau of Investigation (CBI) had claimed that her assets increased from one crore to in 2003 to Rs 50 crore in 2007. Its affidavit in the Supreme court talked of 96 plots, houses, and orchards acquired by her and her close relatives between 1998 to and 2003. The affidavits filed along with Ms Mayawati's nomination for the Rajya sabha seat a few months ago contains an estimation of of her wealth: Rs 111.64 crores........This is by no means an unusual case. Prosecution of for possessing assets disproportionate to known sources of income are rare and the CBI's conduct is not above suspicion........."
Recently a number of judges of lower courts in Karnataka have been booked under anti-corruption cases for allowing bails to BJP leaders including Reddy brothers in illegal mining, to the tunes of Rs five hundred crore. Not only that some judges of different high courts including Justice Dinakaran and a few of Delhi and Calcutta high courts are also involved in corruption cases and are facing criminal charges. Many senior judges of Supreme court have stated that many judges of Allahabad, Patna and Calcutta high courts are most corrupt and they are giving bad name to the respective high courts and judiciary in the country But the circumberance procedures of impeaching high courts and Supreme Court judges are only eluding because of dishonest intention of the political class. A recent revelation of favourable judgement in favour of Vodaphone case, to the tune of Rs 12000 crore by the Supreme Court has created furore about the impartiality of the Supreme Court and its Chief Justice Mr Justice Kapadia. The judgement has revealed many startling facts. Civil Society activists including senior advocate of Supreme Court Prashant Bhushan have openly criticised the Chief justice of Supreme court for giving anti national judgement ignoring the pleas of the union government as well as for favouring Vodaphone out of way because the London-based son of the chief justice is legal consultant of Vodaphone! Similar are the many allegations against some judges of the Supreme Court. (My earlier blog topics have detailed the Vodaphone case a few months ago : Please read).
Now there are some apparent instances of political class becoming from rags to riches in few years of their being in active politics through amassing huge wealth . The rhetoric rise in their property shows how they have looted the state exchequer in few years! Almost all of them have rag to riches stories.
Chief ministers of almost all states including Bihar have opened shops in their respective headquarters through their touts to collect huge money on transfers and postings as well as awarding contracts and implementing cash-rich schemes, being financed by union government. Such shops are being looked into in Bihar by Nitish Kumar;s close lieutenant R C P Sinha, who has resigned from IAS ship and joined Rajya Sabha on JD(U) nomination from Bihar.
Our founding fathers of the Constitution led by Dr B R Ambedkar had smelled such facts at the time of framing of the Constitution. members of the Constituent Assembly including K T Shah and H V Kamath had informed the Constituent Assembly that there should be a provision in the Constitution of ministers declaring their assets before they assume office. Reacting on the proposal, Dr B R Ambedkar on December 31, 1948 has informed similar to the present situation, " One is this, namely, that we should require by law and the Constitution---if this provision is to be effected---not only that the ministers should make a declaration of their assets and their liabilities at the time when they assume office, but we must also have two supplementary provisions. One is that every minister on quiting office shall also make a declaration of his assets on the day on which he resigns, so that everybody, who interested in assessing wheat her the administration was corrupt or not during the tenure of his office should be able to see what increases there is in the assets of the minister and wheat her that increase can be accounted for by saving which can make out his salary.........The other provisions would be that if we find that a minister's increase in his assets on the day on which he resigns are not explainable by the normal increases due to his savings, then there must be a third provision to charge the minister for explaining him he managed to increase his assets to an abnormal degree during that period that period. In my judgement, if you want to make this clause effective, then there must be three provisions as I stated. One is declaration at the outset; second is declaration at the end of the quitting of this office; thirdly, responsibility for explaining as to how the assets have come to be show so abnormal and fourthly, declaring that to be offence, followed up by penalty or by a fine......the legal sanction is inadequate. Have not other sanctions at all? In my judgement, we have a better sanction for the enforcement of the ourity of administration and that is the public opinion as mobilised and focused in the Legislative assembly."
Abnormally high rise in wealth of political class and public servant has been giving anxious moments in real polity of the nation. For the income-tax authorities should be on high alert how these persons have increased their wealth in short span of time like the Election Commission of India keeps on tabs on the expenditure of hundred of candidates in the elections!
Corruption among political class is not new in independence India-Corruption we have inherited from the British Raj. According to the the records based on the materials in the National achieves, the corruption among the congress started just after the formation of ministries in provinces in 1937. Before that, in 1926, Pundit Moti Lal Nehru being disgusted with corrupt practises, bitterly complained to Pundit Jawahar Lal Nehru on December 2, 1926, " heavy bribing of voters was the order of the day. I am thoroughly disgusted and am now seriously thinking of retiring from public life......The Malviya-Lala (Lajpat Rai) aided by by Birla's money are making efforts to capture Congress."As per achieves records , quoted by Mr Noorani, very many Congress candidates spent lavishly on their campaigns. Ministers like Syed Mahmud in Bihar were pestered with demands of congressmen "to provide posts for them whether it is possible or not. they seem to think that I have power to give them government money." On 13 January 13, 1948, Gandhiji read out a letter at the prayer meeting from his one of the friends, who had written mounting corruption. Thereafter many committees and commissions were formed including Sanathan Commission in 1964 on prevention of corruption, which reported " there is widespread impression that the failure of integrity is not uncommon among ministers and that some ministers, who have held office during the last 16 years have enriched themselves illegitimately......"
Above all there are loot of public money at one hand and on the other hands there clamours among political class and government officials and staff for more and more privileges and perks as well as special treatments-this is how corruption is eating into vitals of India even after 66 years of independence despite so many announcements by successive political class to end corruption menace!
Sources: Constituent Assembly Debates on websites; National Achieves, Congress and other websites including The Hindu Achieves ; Books like the Indian National Congress and the Raj by B R Tomlinson; ;kept in the NA; the then Viceroy G F de Montmorency records in the National achieves ETC
Wealth of politicians, contractors, neo-rich class, bureaucrats , judges are increasing rhetorically. Honesty among them are in microscopic minority! Entire system has collapsed and misuse and misutilisation of funds have become order of the day. If one goes by the only reports of successive years by the Comptroller and Auditor general of India (CAG) into the accounts of union government and different state governments, peoples' money to the tunes of Rs 4000 lakh crores have been looted and such generation of black money has resulted into serious set back to the economy of the common masses and ultimately the country. Ultimately these money are stacked in the foreign banks and investments in different sectors by these thieves and looters!
More over, thousands of corruption cases registered against politicians , bureaucrats, judges and many others are languishing in different courts of the country for the last several years. Hardly one.five percent such corruption cases have proved and many of them have been convicted and are languishing in jails-but in many cases , they are let off by higher echelon of judiciary in the entire country.Not only the legal system is blamed but the old laws and rules of Cr.P.C and IPC are also proving big stumbling bloc to reach the corruption cases or any other criminal cases to the logical conclusions.
A recent essay on corruption, written by eminent writer Mr A G Noorani, on loot of public money by political class in India, in The Hindu has said, " The Penal code of 1860 and the Cr. P. C of 1895 were enacted when there were no" ministers". They came much later. The sanctions provisions in the Cr.PC, were designed to protect minions of the Raj. Today they make the government, judge in its own cause if a minister comes under a cloud. No other democracy has it...........Changes of government were no more than reshuffles among political cliques and politicians were primarily motivated by venality and self-interest. Clashes within parties are more real that the ones between them.The start will proceed apace and all will faithfully disclose their assets to an admiring public---while India is being looted by this political class........"
Bribery has become a menace- It is in defence, telecommunication, power generation, investment deals in union government and the state governments as well as delivering choice judgements in courts right from lower courts to high courts and the Supreme court. Judgements are purchased. In many serious corruption cases, many political leaders, officials , judges, involved , have been acquitted either from lower courts to Supreme Court. On the patronage of political class, bureaucrats and government staff discriminate in giving just order and on payment of bribes, the works are done. Political class specially ruling party or alliance bend or subvert the rules and laws to give favours with sole purpose to mint money.. Recent instances are telecommunication scams and many other defence deals in union government and various such corrupt practises in various state governments.
Sadly power-that -be involve their rivals in different scams bypassing the involvement of their own leaders . One such instance is multi-crore -animal husbandry scams in the joint Bihar. the former chief minister and Rashtriya Janata Dal national president Laloo Pradad Yadav and his wife and former chief minister Ms Rabari Devi were got involved in various cases of AHD scams while despite statements in the court by big mafia of AHD that they have also paid crores of rupees to the present Bihar chief minister Nitish Kumar and his companion and former minister as well as national general secretary of the JD(U) Shivanand Tiwari,MP, the CBI did not think it proper to even investigate the matter. Recently on the directive of the Ranchi High court, the Special CBI court has taken up the matter and is investigating the allegations levelled in the court records about involvement of Nitish Kumar and Shuvanand Tiwari by examining the matter himself and also through CBI. Such discrimination is very much common among the ruling political classes against their rivals politicians throughout the country!
This apart there many loopholes in our laws and legal system and judicial Prudence. Taking advantage of these loopholes, many scamsters are acquitted. For example--Laloo and his wife were acquitted a few years back in a Disproportionate assets case in the wake of AHD scam; recently an IAS official Sajal Chakrovartoy, who was neck -deep involved in the AHD scam, was let off by the court recently. Fate of all these AHD scam cases, registered by the CBI are gradually falling like house of cards!
Cases of corruption against the chief minister of Tamil Nadu Jaylalitha, which has been pending since long and had been transferred to Banglore court by the Supreme Court, are at stand still for the last over nine years. Recently , a government advocate , pursuing the case on behalf of government, has resigned citing several reasons including political pressure. One more example is failing flat the corruption cases against the former chief minister Mayawati..Noorani has commented in his Hindu article," consider but one instance, the judgement must be with hold till the court pronounces on it, but which nonetheless cannot raise a suspicious eyebrows. It is the case of that champion of the down trodden, Ms Mayawati of Uttar Pradesh. The Central Bureau of Investigation (CBI) had claimed that her assets increased from one crore to in 2003 to Rs 50 crore in 2007. Its affidavit in the Supreme court talked of 96 plots, houses, and orchards acquired by her and her close relatives between 1998 to and 2003. The affidavits filed along with Ms Mayawati's nomination for the Rajya sabha seat a few months ago contains an estimation of of her wealth: Rs 111.64 crores........This is by no means an unusual case. Prosecution of for possessing assets disproportionate to known sources of income are rare and the CBI's conduct is not above suspicion........."
Recently a number of judges of lower courts in Karnataka have been booked under anti-corruption cases for allowing bails to BJP leaders including Reddy brothers in illegal mining, to the tunes of Rs five hundred crore. Not only that some judges of different high courts including Justice Dinakaran and a few of Delhi and Calcutta high courts are also involved in corruption cases and are facing criminal charges. Many senior judges of Supreme court have stated that many judges of Allahabad, Patna and Calcutta high courts are most corrupt and they are giving bad name to the respective high courts and judiciary in the country But the circumberance procedures of impeaching high courts and Supreme Court judges are only eluding because of dishonest intention of the political class. A recent revelation of favourable judgement in favour of Vodaphone case, to the tune of Rs 12000 crore by the Supreme Court has created furore about the impartiality of the Supreme Court and its Chief Justice Mr Justice Kapadia. The judgement has revealed many startling facts. Civil Society activists including senior advocate of Supreme Court Prashant Bhushan have openly criticised the Chief justice of Supreme court for giving anti national judgement ignoring the pleas of the union government as well as for favouring Vodaphone out of way because the London-based son of the chief justice is legal consultant of Vodaphone! Similar are the many allegations against some judges of the Supreme Court. (My earlier blog topics have detailed the Vodaphone case a few months ago : Please read).
Now there are some apparent instances of political class becoming from rags to riches in few years of their being in active politics through amassing huge wealth . The rhetoric rise in their property shows how they have looted the state exchequer in few years! Almost all of them have rag to riches stories.
Chief ministers of almost all states including Bihar have opened shops in their respective headquarters through their touts to collect huge money on transfers and postings as well as awarding contracts and implementing cash-rich schemes, being financed by union government. Such shops are being looked into in Bihar by Nitish Kumar;s close lieutenant R C P Sinha, who has resigned from IAS ship and joined Rajya Sabha on JD(U) nomination from Bihar.
Our founding fathers of the Constitution led by Dr B R Ambedkar had smelled such facts at the time of framing of the Constitution. members of the Constituent Assembly including K T Shah and H V Kamath had informed the Constituent Assembly that there should be a provision in the Constitution of ministers declaring their assets before they assume office. Reacting on the proposal, Dr B R Ambedkar on December 31, 1948 has informed similar to the present situation, " One is this, namely, that we should require by law and the Constitution---if this provision is to be effected---not only that the ministers should make a declaration of their assets and their liabilities at the time when they assume office, but we must also have two supplementary provisions. One is that every minister on quiting office shall also make a declaration of his assets on the day on which he resigns, so that everybody, who interested in assessing wheat her the administration was corrupt or not during the tenure of his office should be able to see what increases there is in the assets of the minister and wheat her that increase can be accounted for by saving which can make out his salary.........The other provisions would be that if we find that a minister's increase in his assets on the day on which he resigns are not explainable by the normal increases due to his savings, then there must be a third provision to charge the minister for explaining him he managed to increase his assets to an abnormal degree during that period that period. In my judgement, if you want to make this clause effective, then there must be three provisions as I stated. One is declaration at the outset; second is declaration at the end of the quitting of this office; thirdly, responsibility for explaining as to how the assets have come to be show so abnormal and fourthly, declaring that to be offence, followed up by penalty or by a fine......the legal sanction is inadequate. Have not other sanctions at all? In my judgement, we have a better sanction for the enforcement of the ourity of administration and that is the public opinion as mobilised and focused in the Legislative assembly."
Abnormally high rise in wealth of political class and public servant has been giving anxious moments in real polity of the nation. For the income-tax authorities should be on high alert how these persons have increased their wealth in short span of time like the Election Commission of India keeps on tabs on the expenditure of hundred of candidates in the elections!
Corruption among political class is not new in independence India-Corruption we have inherited from the British Raj. According to the the records based on the materials in the National achieves, the corruption among the congress started just after the formation of ministries in provinces in 1937. Before that, in 1926, Pundit Moti Lal Nehru being disgusted with corrupt practises, bitterly complained to Pundit Jawahar Lal Nehru on December 2, 1926, " heavy bribing of voters was the order of the day. I am thoroughly disgusted and am now seriously thinking of retiring from public life......The Malviya-Lala (Lajpat Rai) aided by by Birla's money are making efforts to capture Congress."As per achieves records , quoted by Mr Noorani, very many Congress candidates spent lavishly on their campaigns. Ministers like Syed Mahmud in Bihar were pestered with demands of congressmen "to provide posts for them whether it is possible or not. they seem to think that I have power to give them government money." On 13 January 13, 1948, Gandhiji read out a letter at the prayer meeting from his one of the friends, who had written mounting corruption. Thereafter many committees and commissions were formed including Sanathan Commission in 1964 on prevention of corruption, which reported " there is widespread impression that the failure of integrity is not uncommon among ministers and that some ministers, who have held office during the last 16 years have enriched themselves illegitimately......"
Above all there are loot of public money at one hand and on the other hands there clamours among political class and government officials and staff for more and more privileges and perks as well as special treatments-this is how corruption is eating into vitals of India even after 66 years of independence despite so many announcements by successive political class to end corruption menace!
Sources: Constituent Assembly Debates on websites; National Achieves, Congress and other websites including The Hindu Achieves ; Books like the Indian National Congress and the Raj by B R Tomlinson; ;kept in the NA; the then Viceroy G F de Montmorency records in the National achieves ETC
Great Sirji.
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