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Mainstream, VOL XLIX, No 26, June 18, 2011

Let PM be probed by an Independent Agency

Monday 20 June 2011

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by ARVIND KEJRIWAL

Dr Manmohan Singh is one of the most honest Prime Ministers that the country has had. It is ironical that his own government should seek to take the Prime Minister out of the purview of Lokpal’s investigations.

As of today, the Prime Minister is covered under the Prevention of Corruption Act. Under that law, any allegation of corruption against a Prime Minister can be investigated. No exception has been made for either the Prime Minister or any of his activities (like External Affairs, Defence etc.). Every activity of the PM should be investi-gated under the Prevention of Corruption Act.

However, as of today, the investigations are done by the CBI, which is directly under the control of the PM himself. The only change that we are proposing in the present system is that rather than being investigated by an agency directly under his control, let the PM be investi-gated by an agency which is independent, like the Lokpal. We are not proposing any other change.

The five Ministers, who are members of the Lokpal Bill drafting committee, unanimously feel that the PM should be kept out of Lokpal’s investigations. The Constitution does not grant any such immunity to the PM. Only the President has been granted immunity from any investi-gations and trials.

TO take the PM out of the Lokpal’s ambit or even to take some part of his jurisdiction out of the ambit of the Lokpal’s investigations, the government would need to amend the Constitution and the Prevention of Corruption Act and grant him immunity similar to that of the President. Is the government planning to do that? Why? We thought we would get a better and stronger anti-corruption regime after such a strong anti-corruption movement. On the contrary, the government seems to be shrinking the scope of the anti-corruption regime. Taking the PM out of any probe would be a retrograde step.

The government’s stand is that PM under the scanner would become “dysfunctional”. Does the Congress really feel like that? Did Rajiv Gandhi, the then PM, become “dysfunctional” due to the Bofors probe? Or did P.V. Narasimha Rao become “dysfunctional” due to a probe in the Jharkhand Mukti Morcha case?

The Prime Minister is privy to a lot of security-related sensitive information. Suppose tomorrow, a corrupt person became the PM. Won’t the security of the country itself be seriously compromised if the Prime Minister enjoyed complete immunity from any investigations and trials?

If the PM is holding several portfolios, would the exclusion of the PM from the Lokpal’s ambit become a licence for open loot in all these Ministries? And if there were a corrupt PM and if he were granted immunity, would he not become a conduit for receiving bribes on behalf of all his ministerial colleagues?

In the past, Dr Manmohan Singh had himself offered to be brought under the purview of the Lokpal Bill. Then why are his own Ministers opposing his inclusion in the Lokpal’s ambit? Is there a disconnect or communication gap within the government?

Till now the PM was investigated by the CBI. Why should the Prime Minister be scared of being investigated by an independent Lokpal? The government should make its stand clear.

(Courtesy: The Times of India)

The author, a leading figure in the civil society’s anti-corruption movement, has played a major role in the Right to Information campaign and is a member from the civil society in the Lokpal Bill drafting committee.

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