Corruption in Judiciary

Recent revelation of three sensational corruption cases involving Judges of the higher judiciary has confirmed that cancer of corruption has penetrated the impregnable citadel of High Courts and even the Supreme Court and the image of judiciary taking a beating. The Chief Justice of India, KG Balakrishnan has recommended the removal of Calcutta High Court Judge, Justice Soumitra Sen under Art 217(1) read with Art124 (4) of the Constitution of India for committing impropriety bringing disrepute to the high judicial office. Sen, as an Advocate committed misappropriation of Rs 331akhs received as receiver on behalf of Steel Authority of India and kept it in his personal saving bank account without court authority. Later under court orders, he deposited Rs 57 lakh including interest. This will be the second impeachment proceedings against a Judge. The second case now known as cash-at-Judge door relate to another High Court Judge of Punjab and Haryana High Court. In this case a packet containing Rs 15 lakh meant for Justice Nirmal Yadav was mistakenly delivered at Justice Nirmaljeet Kaur’s residence. Justice Kaur reported the matter to the Chief Justice and the Police. The Additional Advocate General who sent the packet has been arrested and he confessed that he was acting as a conduit for a Delhi based property dealer and Justice Nirmal Yadav. The Chief Justice of India has constituted a three Judge Enquiry committee and a parallel CBI probe is on. The CJI has allowed the CBI to interrogate the Judges.

The third case related to a Public Interest Litigation now being heard in the Supreme Court alleging misappropriation of Rs.23 crore of provident fund money of Grade IV employees of Ghaziabad District court over a period of time involving 34 judges out of which one is now a Supreme Court Judge, ten High Court Judges and 23 lower court Judges. The amount was siphoned off to purchase costly electrical gadgets, air-conditioners, refrigerators and even costly liquour. The Superintendent of Police who made a preliminary enquiry has found a prima-facie case and recommended a CBI enquiry. The Supreme Court has asked a report from the UP government. All these allegations against the judges should be thoroughly probed and guilty judges punished. Resignation or transfer is not punishment and impeachment procedure is along drawn exercise. An ex-Chief Justice of India, Justice Bhagwati has recommended setting up of a National Judicial Commission to enquire allegations against the Judges. The Judges Inquiry Bill-2006 should also be expeditiously enacted into a law.
Source: assam tribune

Corruption all the Way

Corruption all the Way

Sabrina Iqbal Sircar

Corruption not only has become a pervasive aspect of Indian politics but has also become an increasingly insidious factor in elections. The extensive role of the Indian state in providing services and promoting economic development has always created the opportunities for using public resources for private benefit. As the government regulation of business was extended in the 1960s and corporate donations were banned in 1969, trading economic favours for under-the-table contributions to political parties became an increasingly widespread political practice. In fact, corruption has come to be so indispensably associated with politics in India that politics cannot be perceived separately from corruption. This was reflected when The Times of India conducted a poll in 2003 on 1,554 adults in six metropolitan cities and found that 98 per cent of the public were convinced that all politicians and ministers were corrupt, and 85 per cent were of the opinion that corruption was still on the rise.Besides this, even Transparency International, a Berlin-based NGO, in its latest corruption perception index (CPI) ranked India 72nd in a list of 189 most corrupt countries of the world.It needs a deeper observation as to why corruption is so rampant in the Indian state. Here not only the authorities but also the people are to blame. The Indian civil society as such is not a very active but a relatively passive whole, in comparison to its counterparts in other countries. Any critical psychoanalysis reveals that the Indian masses are more tolerant to nepotism and other such corrupt practices. People in India are not very keen to raise their voice to illegal methods. Besides this, the government officials are also not guided by the standards of moral judgement. The notions of virtue and honesty are rather utopian to them.It is argued by critics that corruption started in India right after independence. They say that Nehru had legitimized corruption by tolerating it amongst his ministers, and his daughter Indira Gandhi institutionalized it by holding the posts of both the Prime Minister and party president.Corruption on a wider scale began in India after the fourth general elections of 1967. This election marked the entry of a new interest-oriented political elite into Indian politics. And that was the beginning of a never ending and vicious cycle of corruption in the country, which continues till date.Considering the widespread corruption in the country, the government took various measures for containing the menace, but the measures did not yield fruitful results. Various committees like the Vohra Committee, the Gorwala Committee and the Santhanam Committee were appointed, but there were loopholes in the implementation processes of these committee recommendations.For this, again, the lack of transparency and accountability in the system are to blame. The Indian system is like a system of veils and covers which provides hundreds and thousands of opportunities for indulging in corruption. Not even a single wing of the government is free from the aggravating menace. Even the judiciary — which is supposed to be the guardian of the state — and the Constitution are in the grab of this problem. A former Chief Justice of India has observed that about 20 per cent of the judges are corrupt.Besides this, there are other kinds of data which really present a rather dark and gloomy picture of the political future of India. According to a report of the Election Commission (2003), out of 425 MLAs in the UP Assembly, about 125 had criminal records.Even after such data was made public, there was not much reaction from the masses. This gives a boost to the corrupt political and electoral practices. Indian politics saw several humiliating cases which were a disgrace to the entire nation and the leaders as a whole, but even after such incidents, corruption continues unabated in our society.Actually, politics in India has become a dirty game involving money and power, and the people have come to believe that it is nothing but a futile attempt to try to reform or correct the process. Anyone who raises a voice against the corrupt holders of power is silenced by using violent means.Abuse of money and muscle power to stay in power is a common and characteristic feature of Indian politics, and this feature as it appears is here to stay.We need a revolution to change the political scenario. Leaders are supposed to be guided by value standards and expected to secure public interest rather than their own parochial gains. Indian politics needs to wake up to this truth.A strong, vigilant and alert civil society is a prerequisite for this and we can start by restructuring ourselves as an active mass of people. A prime reason for the flourishing of corruption in Indian politics is that there is no active resistance to it. Let us act before it is too late. source: sentine assam

Corruption, crime and politics

Corruption, crime and politics

— Dwaipayan

There is a famous adage, “Politics is an art of the possible”. It means that our political leaders can manage all affairs in a country/a federating unit where they do politics in such a fashion in order that they can accomplish any arduous job for the well-being of people without any hiccup or almost effortlessly. In other words, they, especially those at the helm of affairs, can use politics as a means to create a people-friendly ambience for all-round development of a region weathering away all the storms, no matter how severe and devastating they might be.In a democratic country like ours, they are generally expected to commit themselves to the task of addressing and solving various problems facing the people on priority basis simply because they are our elected representatives. But, the crucial question that needs to be answered is how many of them have the sense of responsibility or are conscious of their duties and responsibilities, and believe in values-based politics, democratic principles and ideals or are committed to work for the service of the people selflessly. Arguably, in our political system, today, such quality leaders in the present generation are, in fact, difficult to find who are known to be samaritans and devoted to constructive politics or highly revered for their performance, integrity and probity in public life.What is however, disgusting is the dubious role of some politicians. This gets well-exposed, on some special occasions. During electioneering, for example, the same set of politicians would try all they can to woo or, wean away voters from other parties. In trying to do so, they would dish out among the public their party poll-manifestos and literatures in which they make lofty promises of providing them clean and corruption-free administration, solving burgeoning unemployment, and of an accelerated economic growth and so on. But the problem is with the unassuming among the electorate who do actually account for a major chunk of them and who easily do not understand the intricacies of today’s intensively competitive politics. They blindly believe or, feel content in what they pledge, and vote them during election. Once the leaders of their choice get elected and in the saddle, they conveniently forget them all and indulge in immoral activities such as corruption, hair-raising political killings, vote-purchase to save a minority government etc, thus throwing to the wind all the democratic principles and values. In fact, they after testing power, become so much involved in all these activities criminalising politics, for personal gains that they never bother that such acts may lead them nowhere, that the developments can blight their political career or the future of the government, of which, they are the members. Nor do they deeply think about the fact that their complicity can slow down the pace of development in a constituency they represent.What is ominous and has posed threats to our party system and democracy is that our politics, be it national or regional whatsoever, is today dominated more by egotism than by modesty. The reasons is all too evident: the entry of ever-growing numbers of such elements into politics with criminal backgrounds possible due to the encouragement of the senior leaders. This has not just helped to carry on with their illegal activities but also saved many of them on many occasions from being arrested. Indeed, there are exceptions; and one of the exceptions was Pakhi Miyan, a notorious drugs peddler, who was allegedly involved in several murder cases, including that of killing of one revenue intelligence officer Tarun Dutta in Guwahati itself in 2006. Dutta in Guwahati itself in 2006. But, what is surprising is that despite his having criminal records as evident in his involvement in drugs smuggling and murder cases in which he had been wanted, Miyan whose real name is Samsul Haq Talukdar, was offered the opportunity to join politics. Miyan it seems, found it a good option to not only hush up his unlawful activities and evade arrest but also increase his clout. So, he joined it, and contested the Assembly polls in 2006 on an NCP ticket. But his political connections were of no avail. He was finally arrested by West Bengal Police a few weeks ago.However, what is possibly of serious concern to the people is when they find a report in a newspaper hitting a banner, headline of their popular leader now say, a minister in the union or a state cabinet offering bribe to so and so persons of a political party to garner votes to save his government facing a no-confidence motion, or, to an investigating agency, presumably to hush up a murder case or found involved in the murder of a policeman, or in financial scams. All these unsavoury developments, as one is aware of do not augur well for our party system; even them, crime and corruption are continuing on the same wavelength unbridled.In the past couple of years, it has been observed that a number of ministers both at the Centre and in the States were involved in or, charged with illegal activities which brings into sharp focus the extent to which they have gone to serve their ulterior motive. But they seldom considered that these developments, of their own creation, could dilute the image of their parties they represent and dim their political future. Ironically, today the ministers of their ilk are available in almost all parties.However, first think of the latest case of Jamuna Nishad, the junior Fishery Minister in the Mayawati government in Uttar Pradesh. He was sacked by Mayavati on June 8 after he raided a police station at Lucknow the previous night with his supporters who allegedly shot a constable dead. It all happened following the refusal of the cops to register a rape case against a leader from Maharajganj who is opposed to the ruling BSP of which Nishad is an MLA. They claimed that the medical report did not substantiate the victim’s allegation. Dissatisfied with their reply, the 48-year old Nishad alleged that the police were trying to shield the accused.An FIR has been registered against him and more than 50 of his supporters. He has been charged with murder, unlawful Assembly, violating Arms Act, rioting and keeping government servants from discharing their duty. Arguably, Nishad is a branded man as is evident in his crime graph. In fact, there are at present half a dozen cases against him, of abduction, extortion, intimidation and attempt to murder. But, in spite of his having strong criminal background, the people of Uttar Pradesh, have ironically, made him MLA and the Chief Minister Mayawati one of her ministers.Incidentally, he is the second minister to be axed after being implicated in the sad demise of the cop. Earlier, on June 3, Assam Education Minister Ripun Bora was sacked for allegedly offering a CBI official Rs 10 lakh to hush up murder case. All these events are themselves a pointer to how fast politics in the States are getting criminalised.Not that only State-level MLAs and ministers are involved in criminal acts and corruption. Records have it that sometimes some Central ministers are even seen or heard being charged with murder or taking or offering someone kickback for husting up a scam or even being involved in financial swindle irrespective of their ideology, and, of the fact that it will not just negate the very spirit of the democratic process of election but also tarnish the image of the ruling party in the eyes of the public. Take up, for instance, the case of Shibu Soren, the Union Coal Minister. He was charged with murder of his own private secretary Sashinath Jha.Corruption and crime today have become so widespread that unless steps are taken to prevent their upward trend, people will lose faith in the political system. An indication of which is found in the Assembly and Lok Sabha elections’ results in the recent times which have only yielded a fractured mandate or hung House with none of the major national/regional political parties succeeding to notch up even a razor-thin majority on its own, its projection of some prominent leader as a Chief Ministerial or Prime Ministerial candidate during the campaign notwithstanding.Since in a democracy like ours, electors are the only source of political power, they should at any cost be taken into account. In a word, their confidence in administration should be kept up. This can be possible through three options. First, mandatory declaration of details of assets by political leaders irrespective of their party affiliations. Second, denying tickets to all those who have criminal backgrounds. Third, enforcing strict discipline among MLAs and ministers through the occurring code of conduct. Going by the flurry of political activities as reported in the newspapers, in the state Congress camp since the Ripun Bora episode, the party new scenly resolute in its decision not to give nomination to any person, with criminal charges in any election. Undoubtedly, it is a good decision which, if implemented, will help a lot in repairing the damage done to it by such a person, with criminal records. Source: assam tribune

The Ripun Bora Syndrome

The Ripun Bora Syndrome

How many ministers, and even the rest of the MLAs or MPs, do not belong to the upper economic class? One should find out what they get as salary, what they can acquire as assets with that salary, and what they really acquire

Bikash Sarmah

It should not have taken a Ripun Bora to shake the conscience of the people of Assam. Corruption and other forms of immorality are nothing new in this land of ours. There have been several instances in the past to prompt us into questioning the very need for democracy and the so-called welfare state if our leaders find it far more convenient to act as monarchs after being elected by the people. There have been instances that reflect on the ease with which our elected representatives manipulate the course of investigation against them and trample on the law of the land, and on their remarkable ability to win elections without performing anything at all — and despite the fraud they commit on the electorate. Therefore, the Ripun Bora episode is no big surprise. But there is something disturbing. It is the increasing frequency with which politicians are trying to buy their image by bribing those who matter, as also the increasing frequency with which those who matter are willing to be sold at fancy prices.In the wake of the arrest of the sacked Assam Education Minister, this newspaper has received several letters from its readers expressing shock and dismay over the incident. It is as if all of a sudden a realization has dawned upon them all as to the very destiny of their State in the hands of the political species who they have elected to serve them. The letters, which this newspaper has already published, have one thing in common: knowledge of how the elected representatives have served — or would serve — them and of how easy it is for the powers-that-be to influence the course of law and justice. Some of the letters point to the ‘‘taint’’ in the Gogoi cabinet and how the ‘‘tainted ministers’’ continue to enjoy protection from the Chief Minister himself because they are either his trusted lieutenants or extremely powerful on their own.What is surprising is the propensity of the people to react only after the inevitable has happened, and not when their sustained reaction and activism in the past could have worked out wonders for them and their society. It is amusing that only after the arrest of Ripun Bora the people should wake up and even spot the ‘‘taint’’ in the Gogoi ministry when it is common knowledge who is what — right when Chief Minister Tarun Gogoi was forming his Council of Ministers, whether in 2001 or in 2006. So why this sudden awakening? To show that we are all alive and kicking as conscious citizens?This is not to even remotely suggest that people should not react when they have the scope and reason to react to episodes such as Ripun Bora’s. What I am trying to argue is that Ripun Bora cannot be so sudden a provocation when you already know the extent of criminalization of politics and politicization of crime in your beloved State. How many letters have people written to different newspapers about Ripun Bora between the day when the Gauhati High Court directed the CBI to investigate into the murder of Daniel Topno and the day when Bora was arrested by the CBI in New Delhi for attempting to bribe a CBI officer investigating the case? How many columnists have written pieces in different newspapers on Ripun Bora and his alleged involvement in the murder of Topno between the two days? We were all sleeping in utter bliss. Now of course we are smart citizens.It should not have taken so long to wake up and see the scheme of things that Dispur would anyway design. Here you have mostly leaders whose merit is not the virtue of being great democracy practitioners but the power of money and muscle that democracy seems to have sanctioned and legitimized for the sake of their sustenance — so that they may preside over our destiny only to take us closer to our doomsday every passing day. It should not have taken the people of the State a Ripun Bora to have a feel of Dispur as it is now, when they know it pretty well how even cheats and thugs can make a fortune in the profession of politics in this wondrous country. How many of us do not know that even if one fails in all spheres of life he has absolutely no reason to worry provided he has money and muscle power, because there is the profession of politics to absorb and reward him suitably? How many of us do not know that there is no place for saints in politics even though it is this politics that has helped sinners transform into ‘saints’ overnight?One may call it ‘‘Ripun Bora syndrome’’: the tendency of elected representatives to mould the state machinery to their own advantage, given the high success rate in the field; the tendency to make the law of the land subservient to them and their relatives; and the tendency, therefore, to break all laws — and also because as lawmakers they think the various laws they make should not exist for, and be applicable to, them and it is only the hoi polloi who should be bound by the laws. T here is another aspect of the Ripun Bora syndrome. It is the belief of powerful politicians that they are the state and, therefore, its resources are theirs, which means they think they have the divine right to loot the state exchequer and bleed the state dry. How many ministers, and even the rest of the MLAs or MPs, do not belong to the upper economic class? One should find out what they get as salary, what they can acquire as assets with that salary, and what they really acquire. One should find out how disproportionate their wealth is to their known sources of income.Is the Ripun Bora syndrome inevitable in the present scheme of things? It is inevitable, as many would argue, because people have no choice but to elect someone from the lot who are just the ones, as the people themselves know, who will not serve them because their commitment is not to the people but to their own interests. However, the people are at complete liberty to opt for a seemingly undemocratic practice — that of not at all exercising their right to franchise when they see there is none to cast their valuable votes for. This is the only option when democracy fails the people. This is the only option for the sake of a new democracy. Let the message, loud and clear, go to the candidates and the political parties they belong to that they do not deserve democratic mandate because they do not deserve to go to the august House of the people if they face allegations of crime and corruption and, despite this, if they want to be lawmakers.The tragedy of Assam is its people, their attitude, the lack of meaningful activism among them, and their inability to sustain whatever activism they help fashion. Going back to the reactions that have come after the arrest of the former State Education Minister, the question is not of the kind or intensity of reactions but one of their sustainability. There should be a sustained campaign against all forms of corruption in politics and its criminalization. But where is activism by citizens? Where are individuals to lead them? Even after the Ripun Bora disgrace, has anyone seen citizens’ groups or civil society groups staging demonstrations against the alleged taint in the government of the day? Or do the civil society groups in Assam exist solely for the protection of human rights of ‘insurgents’?Ripun Bora’s is not an isolated case. It is part of a continuum whose genesis lies in the manner in which politics is practised in India and in the indifference of the people to both criminalization of politics and politicization of crime. Ripun Bora’s is a manifestation of a kind of politics where the people remain resigned to their fate as decided by the politicians because they do not want to counter the might of ‘their’ leaders since they are either timid or unconcerned. It is the people who are responsible for the Ripun Bora syndrome. What have the people of Gohpur to say? And of Tezpur too, if one is talk of MK Subba? Source: sentinel assam