Sitting Supreme Court judge supports the inclusion of Prime Minister's Office within the ambit of Lokpal Bill.

Supreme Court judge wants PM under Lokpal's scanner

PTI / Friday, August 5, 2011 20:33 IST / DNA
 

A sitting Supreme Court judge today supported the inclusion of the Prime Minister's Office within the ambit of Lokpal Bill tabled in Parliament yesterday.

"As a student of law, I see no substance in the debate that the Prime Minister should be outside the (Lokpal) Bill. A public office of such importance cannot shy away from public scrutiny," Justice AK Ganguly said.

The judge was addressing a gathering here on the occasion of the release of a book 'Corruption and Human Rights in India', authored by Professor C Raj Kumar, the Vice Chancellor of OP Jindal Global University.

Pointing out that Prime Minister Manmohan Singh had himself expressed his willingness to bring the PMO under the Lokpal's scanner, Justice Ganguly said "more efforts to keep the PM out will add to the suspicion among people."

In his address, Justice Ganguly also criticised the Prevention of Corruption Act, which stipulates sanction by competent authorities before prosecuting any government servant, bureaucrat or politician on charges of corruption.

"The Prevention of Corruption Act, to my mind, is preservation of corruption act. It has a mechanism to protect the corrupt. Without the sanction, the corrupt cannot be prosecuted. Who is to give you the sanction? They (corrupt) do not act individually and they work in a organised way," he said.

Justice Ganguly is also the part of a two-judge bench which had heard a petition by Janata Party chief Subramanian Swamy seeking guidelines for the grant of sanctions to prosecute those occupying public offices on the charge of corruption and has reserved its order on the plea.

BJP demands strong Lokpal covering PM. Anna Fumes on Congress. Lokpal on Flame.

Lokpal Bill introduced in parliament, opposition protests

By IANS, Thursday, 04 August 2011 / New Delhi : The Lokpal Bill which seeks to combat corruption was introduced in parliament amid strong protests from the opposition.

Minister of State in the Prime Minister's Office V. Narayanasamy introduced the bill in the Lok Sabha, the lower house of parliament.

Leader of Opposition in the Lok Sabha Sushma Swaraj of the Bharatiya Janata Party (BJP) strongly opposed the introduction of the bill, demanding that the prime minister should be brought within its ambit. 

The proposed legislation's purview does not bring under it the prime minister during his or her term in office. But once the prime minister demits office, he or she can be investigated for any wrongdoing during the term, according to the bill's provisions.

It also excludes from the Lokpal's ambit the judiciary and any action of an MP in parliament or any parliamentary committee.

"I cannot understand how anyone, sitting in any position, be a holy cow? In this Lokpal why is the prime minister out of it?" Swaraj asked in the house.

"I am happy that the prime minister himself had said that it is okay if he is brought within the ambit of the Lokpal Bill. Then, why is the cabinet not paying heed to it?" she added.

Narayansamy defended the introduction of the bill, saying it has become the property of the house and it will immediately go to the parliamentary standing committee. "Parliament is supreme so the opposition by Swaraj cannot be sustained."

Replying to Swaraj's statement that former prime minister A.B. Vajpayee had accepted to be within the ambit of anti-corruption law, Finance Minister Pranab Mukherjee said: "I was chairing the parliamentary standing committee on anti-corruption bill in 2001."

"I placed it before parliament for two consecutive years. Why wasn't it cleared then?" he asked.

To mark their protest, the civil society representatives led by social activist Anna Hazare burnt copies of the government's version of the bill at several places in the country and asked the nation to do the same. 

Allegation against P Chidambaram for winning Election by fraudulent manner and utter corruption.

Madras High Court rejects Chidambaram plea against case challenging his 2009 election

Chennai || 4th August 2011 || Agencies || Indian Express : In a setback for Home Minister P Chidambaram, the Madras High Court on Thursday dismissed his plea against a petition that had challenged his election to the Lok Sabha in 2009.

The petition, challenging his election, was filed by AIADMK's R S Raja Kannappan who had lost to him from the Sivaganga constituency by just 3,354 votes.

In his application, Chidambaram had contended there were some defects in the petition filed by Kannappan.

Chidambaram had claimed the High Court registry had noted the defects when the petition was filed by Kannappan.

Dismissing Chidambaram's application, Justice K Venkatraman said, “There cannot be any doubt that an election petition filed with defects – which cannot be curable – cannot be considered as an election petition at the end. However, in the case in hand, the defects pointed out by the officer concerned are not defects which are not curable warranting dismissal of the election petition.”

he judge said he was of the considered view that the application preferred by Chidambaram “is liable to be rejected and accordingly rejected”.

Kannappan in his petition filed on June 25, 2009 alleged that Chidambaram's election 'deserved' to be declared void due to 'manipulation' of votes and 'corrupt practices' committed by him, his election agents and others, with his consent.

He had also sought recounting of votes polled in the entire constituency, particularly in the Alangudi Assembly segment.

Tamil Nadu Chief Minister Jayalalithaa during her visit to New Delhi in June last had sought the resignation of Chidambaram alleging that he got himself elected to the Parliament by 'fraudulent' means.

She had alleged Chidambaram was announced the successful candidate because of a fraud committed by a data entry operator, but the Union Minister hit back saying her remarks were 'gross contempt of court'.