Dizzy Lokpal Bill cleared by the Cabinet:complete Report

Cabinet on Thursday( 31,Jan 2013) cleared the amended version of Lokpal Bill suggested by the standing committee of Rajya Sabha. Out of 16 amendments suggested by the standing committee 14 were accepted(click here to see the suggested amendments).
However as usual the bill is still in critically weak state. Major points that were demanded by the public to strengthen the bill are still missing.

WEAKNESSES of the cleared lokpal amendment

• Most stupid point the bill cleared by the cabinet is that political parties are out of the jurisdiction of the anti-corruption institute. |i.e even if such a bill passed then the lokpal will not be able to investigate the corruption in the political parties of the nation!Then what the hell will the lokpal be investigating?|
• The demand for the appointment of the Central Bureau of Investigation(CBI) chief by a group comprising the PM, leader of opposition and the Chief Justice of India in order to prevent the government control on CBI was also rejected by the the cabinet. | i.e CBI will still be under the control of government as appointment of the chief will  not be made by the independent group|
• The amended draft also leaves the implementation of Lokayukta bill(state version of lokpal)) and appointment of Lokayuktas to the states.|This decision of making lokayukta a state defined creation is wrong as it will make Lokayukta different in every state leading to difficult usage of bill in multi-state corruption cases.Moreover state governments may also use their own scissors on the bill to hide their level of corruption Click HERE for complete point-wise analysis on this  |
• Public servant facing an inquiry by the Lokpal will be given an opportunity to be heard at the stage of the preliminary inquiry.
• Lokpal  will have a prosecution wing of its own but will not have a say in the transfer of officials investigating a case taken up by it. |Another epic non-sense|
• The CBI will report to the lokpal with regard to cases under lokpal scrutiny and the body will be able to ask any relevant agency to take up an investigation. |However CBI is still under the potential control of government. So this step can't undo that flaw|

Arvind Kejriwal had demanded, "Why does the government not fulfill one single demand and make the CBI independent. There is no point making committees after committees."

 Anna Hazare had also demanded that the CVC and CBI be brought under the Lokpal. "I have written a letter to Sonia Gandhi and the Prime Minister asking whether CBI and CVC will be under the Lokpal. If they're not, how will we check corruption," questioned Anna. 

Source:http://www.moneycontrol.com/news/current-affairs/cbi-under-lokpal-supervision-as-cabinet-clears-bill_816333.html

http://timesofindia.indiatimes.com/india/Cabinet-clears-Lokpal-Bill-with-amendments-keeps-parties-out-of-its-ambit/articleshow/18280578.cms
http://economictimes.indiatimes.com/opinion/editorial/it-makes-no-sense-to-exempt-political-parties-from-lokpals-ambit/articleshow/18282642.cms

Lokpal in present form(by GOI) does not address our concerns: CBI

Appearing before the Rajya Sabha Select Committee examining the Lokpal Bill on , CBI Director AP Singh said that Lokpal Bill in its present form( Lokpal 2011, made by government ) "seriously compromises" CBI's autonomy of investigation and does not address its concerns(para 1,3and4) as well as the lokpal's original aim (para 2) itself!

1. CBI said that it also  does not deal at all with the issue of agency's dependence on government over financial and administrative matters.
   
2.  CBI said one of the major points of the Lokpal bill movement by Team Anna was to give greater autonomy and independence to the investigation agency .But in Lokpal 2011 this does not seem to have happened.
3. CBI accepted that dependence of CBI on the government in financial and administrative matters is both causative and reinforcing factor for the public perception that CBI can be influenced by the government and that the investigations are not immune to government's interference and pressure.
4. So in solution to financial dependence of cbi over government it proposed creation of a separate Demand for Grant for it from the Consolidated Fund of India. It said the CBI chief should be the 'grant controlling authority' and 'chief accounting authority' for the grant. "The Director, CBI would exercise power of Secretary to Government of India as provided under the delegation of financial power rules, 1978"
5. it also asked that CBI director should have "full authority" in appointment, extension and curtailment of tenure of officers upto the rank of DIG in the agency and  also proposed that the CBI chief should be included as a member of selection committee for appointment of other officers above the rank of DIG in the department. The Delhi Special Police Establishment Act - which governs CBI - should be amended accordingly.
6. Cbi also asked that in a veiled reference to its differences with Law Officers, CBI said it should have powers to engage special counsels and specialists of different disciplines.
7. CBI directoar also asked that  instead of two years, the tenure of  Director  should be increased to five years to ensure proper continuity and supervision of important cases and to help him implement "strategic vision" to improve the organisation.

Sourcehttp://ibnlive.in.com/news/lokpal-in-present-form-doesnt-address-concerns-cbi/271191-3.html

Honest CBI officials are barred from working by politicians:Arvind

 Arvind Kejriwal on July 2(2012) said CBI has honest and efficient officers but alleged their political bosses do not allow them to work freely.
"There are honest and efficient officers in CBI but their political bosses do not allow them to work freely. The agency influenced by political people cannot deliver goods", he told a public meeting here

He further said "Under the present laws, he alleged, corrupt leaders have ample scope to escape and that is why "we are pressing for a strong Jan Lokpal. The political parties are not serious to curb corruption. We shall start indefinite fast at Jantar Mantar from July 25"

More from khejrival 

• In an interview with Sreelatha Menon siad that their biggest mistake was not to give room to other issues and voices when support for the movement against corruption was at its peak.
• He also said that is still a lot of anger among the people. And if there is anger against corruption, then nothing has changed.
• When asked weather people would give a positive responce to their fast  from July 25, he said that" I can't anticipate the response, but we will sit on a fast and demand investigation. It is up to the people whether they come and support us. There are lean phases in all movements. During the freedom struggle too, it was often said the movement had lost steam. What one must see is whether people have faith in the leadership or the cause."

Source:http://news.outlookindia.com/items.aspx?artid=767528
interview from http://www.rediff.com/news/slide-show/slide-show-1-this-is-team-india-s-movement-arvind-kejriwal/20120702.htm

Lokpal chocked in rajaya sabha!

Government's Lokpal which was passed in Lok Shabha  on Tuesday( DEC 27) was further discussed in Rajaya Sabha on 30 DEC  for complete passage by parliament. But this Lokpal  was opposed by several parties, even by allies of government.
Those who opposed wanted amendments, about  187 amendments were presented.
Thus government which was already without seats or number in Rajaya sabha also lost the numbers by its own allies on lokpal matter.

Main objections were:-

1. Disturbing federalism and voilating constution by imposing  Lokayukta bill made by center on states. Parties like BJP,  CPM  and  Trinamool  were against this and saying that   Lokayukta bill prepared by states will go in vein if  center's  Lokayukta bill is imposed on them. These parties were thus demanding to delete Chapter 3 from lokpal which was imposing Lokayukta bill on states 
2. Independence of cbi from political control- This independence was demended by BJP , Trinamool  ,CPM and BSP
3. Lokpal's control over CBI- it was mainly demande by BJP
4. Constructional Status-  Mainly Bjp stood against the constructional status of lokpal

To fulfill above demands 187 amendments were presented, but government said that this amount of    amendments could not be discussed and amended in one day.
Moreover government knew that if voting was done for lokpal in rajaya Sabha then Government because of lack of seats will loose voting. Hence voting was cancelled.

So now Lokpal may come only in next season of parliment i.e in  Budget  season in march 2012.
However since lokpal reached Rajaya Sabha so it will not be deleted and will remain in register till next season.

Source: http://timesofindia.indiatimes.com/india/Rajya-Sabha-Who-said-what-on-Lokpal/articleshow/11300673.cms

Answer to your questions

 FIVE BIG QUESTIONS affecting this movement.


Q.1 Is Anna an agent of rss?
Ans.  -Anna said Advani's Rath Yatara is a 'Nautanki'
         -Anna Said If congress is graduate then Bjp is post Graduate in terms of corruption
         -Anna said that even Bjp has misused CBI.
         -Anna had conducted anti corruption movements even against BJP!
         -Anna Conducted survey's and campaigns in even BJP's Constituencies and said not to vote BJP if it   doesn't support lokpal.Then how the hell he is an agent of rss

Q2.What is Anna's relation with  Nanaji Deshmuk?
Ans. Recently  Digvijay declared that Anna is an rss member by showing his photo with  Nanaji Deshmuk
The Photo of Anna with Nanaji is presented by a local newspaper and not some big news source so it cannot be believed blindly. Moreover even if we believe the report of news paper then we will realize  Anna was with Deshmuk in order to gain experience about rural development from Deshmukh(who was Padmavibhushan winner and had an infinite experience in this field )

Q3 Why Anna rejects all the bills by government?
Ans. All the lokpals by government are rejected not only by team Anna but also by many other democrats and activist(even those who are against Anna) including Aruna Roy saying that Government lokpals are more impractical.

Q4 Why Anna  dictates parliament ?
Ans. Lokpal is rusting in the drawers of parliament from the last 4 decades and no party passed the bill.
Moreover Parliament is full of corrupt MP's which will get destroyed if lokpal is passed (presence of such MP's is indicated by Cash for vote as an example)   hence parliment and government is not presenting a healthy or even good lokpal.There are many MP's and incidents which erased our faith towards parliment.  After all this Image of parliment and government is not made by Team Anna , its a self made image! 

Q5.Can Anna be believed?
Ans. Anna Hazera is not a new activist that we must not believe him
He is believed by country for decades for his many other acts

•  Anti-corruption protests in Maharashtra (against Bjp and shiv sena)
•  Right to Information movement
•  Removal of untouchability
• Education
• Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act

 A Report by AwareMe

Lokpal in parliament

Lokpal bill with constructional status was introduced  Lok Sabha today.  The Bill will be actually debated on December 27 after which it will be put to a vote. 
Different sides including  BJP, Team, and Lalu Prasad Yadav have all  rejected it for different reasons.

Looking at small time period  to debate in parliament, different MP's have said that the Bill must not be rushed through to satisfy the deadline or demands of Anna.

--THIS VERSION OF LOKPAL FACED FOLLOWING OBJECTIONS IN PARLIMENT TODAY (

Dec 22)--

• Team Anna taunting the government said that government's old Lokpal was better that this new one Or government had worsen the lokpal in the time given to them.
• Hazere objects to the fact that the Lokpal Bill does not hand over administrative control of the CBI to the new ombudsman or Lokpal. Without this, his group says, the CBI will continue to be influenced in its investigations by the government.
• Lalu also opposed for his own regions
   Last night, the government had removed the term 'minorities' where the Bill asks for a 50 per cent quota for the Lokpal. That's because the Constitution does not allow for reservation on the grounds of religion. But after Lalu led a raucous protest over this in the morning, the Lok Sabha was adjourned for a few hours. So Government decided  he minority quota would be reinstated through a correction in the language of the Bill
•  Senior leader Sushma Swaraj said, "The Supreme Court has repeatedly ruled that reservation cannot cross 50 per cent. This Bill sets apart a quota for 'not less than 50 per cent.' There are nine members - so it suggests reservation for five members. So if we go with this Bill, it will be struck down in seconds as patently unconstitutional. This language is not acceptable. Take back the Bill."
  Mr Mukherjee agreed that the quota is likely to be challenged in court, but said the government wants the judiciary to settle the matter. 
• Ms Swaraj also said that the Bill violates the federal principles of the constitution by enforcing states to adopt it and create Lokayuktas or anti-corruption agencies. "This infringes upon the rights and dignity of states," she said.
• Lalu also made a lengthy speech. He said
   "Why are we letting a team of four people who include a retired bureaucrat, two retired lawyers, and a social activist dictate terms to Parliament? The country should be run by authority, not agitation"
•  Lalu objected to the inclusion of the Prime Minister among the offices that the Lokpal can investigate. "Hundreds of people will file politically-motivated cases, he said. What face will we show abroad if our leader travels there and he is being investigated at home?" He urged the government to ignore Anna's fast. "Let him look after his own health," he said. "Take back this Bill, send it to a standing committee, fix it and then convince us to pass it," he said.
• Gurudas Das Gupta of the Left was also unflinching in his criticism of Anna, describing him as "a man who pretends to be another father of the nation." He said, "There is no single crusader against corruption. Please don't be afraid of another hunger strike."
• Though this is the argument that the government has so often made, Mr Mukherjee had to defend the need to handle the Bill with urgency. He stressed that legislation can only be done in the House, not in agitations or on the street. But he also made the point that in August, both Houses of Parliament had appealed to Anna to end a 12-day fast by promising to consider his vision of the Lokpal Bill.

Editor's View: Well bill of  course lacks power, and it is clear from the reports and discussions, but more surprising element is that some MP's are lacking brain and maturity! Lalu Ji made a scam of Rs 950 crore and still is in parliament to present his views.
There are many MP's and incidents which erased our faith towards parliment. Cash for vote for example.After all this Image of parliment and government is not made by Team Anna , its a self made image!
 I demand government to perform an election with all new parties and to re-setup parliament with those new parties
then I guarantee that no one will ask question on or 'dictate' parliament's procedure

Source: (Important points from) http://www.ndtv.com/article/india/lokpal-bill-tabled-in-lok-sabha-160093

http://timesofindia.indiatimes.com/india/Lokpal-bill-introduced-in-LS-parties-object-Anna-Hazare-fumes/articleshow/11208197.cms  

what lokpal is without cbi?

According to recent steps by government it seems that Lokpal will behave just like a complaint filing institute. 

•  Lokpal will conduct preliminary(or initial)  investigation into a corruption complaint and refer it to CBI for investigation.
• CBI would investigate the same and then forward the case to the directorate of public prosecution to be created under the supervision of Lokpal. 
• Any suggestion by the Lokpal for prosecution should be accepted. A rejection, if any, should come either from the secretary of the department(lokpal) concerned or a higher authority.
• The committee outlined a structure that harmonises or coordinates the roles of the Central Bureau of Investigation, Central Vigilance Commission and Lokpal.
  

MAIN ARTICLE  
Problem is not that lokpal will undertake  initial  investigation but is that further investigation will be done by a institute which is promptly misused by any party in majority. If government does not want cbi under lokpal then its OK, but its is never good having government's control over cbi. So government should as a alternate solution to the situation at least take some steps to eradicate its own  control over cbi. Because if Cbi will be free from any political control then we also don't need it under lokpal.
However if opposite happens and government doesn't its own  control over cbi.  (which is actually happening) then all that will happen is that we will have same cbi(under political control) and a Lokpal without enough power for investigation, so I ask governmet how will the investigation be transparent and non-prejudiced ?and in that way how is this lokpal powerful.

COMMENTS ARE WELCOME AS ITS A DEBATE concerned articlehttps://twitter.com/#!/vinayaksharmav
http://www.facebook.com/vinayaksharma4 

UPDATE {21/12(1p)}

The winter session of Parliament, which was scheduled to end on December 22, has been extended by three days from December 27 to discuss Lokpal Bill and other legislations. 

Anna has threatened to go on hunger strike from December 27 if Parliament fails to pass a strong Lokpal Bill, but there is no unanimity among the different parties on the proposed Bill.the UPA has decided to withdraw the old draft and introduce a new one in Parliament even though several smaller parties have accused the Government of trying to rush though the proposed anti-corruption legislation. 

Even as UPA Chairperson Sonia Gandhi addressed Congress MPs and assured them that the government bend further to please Team Anna and the Opposition, the UPA withdrew the old bill and decided to introduce a new draft. The BJP has given its nod to this proposal.

She told her party colleagues that the Government won't go down without a fight on the Lokpal Bill and will ensure that it doesn't meet the same fate as the Women's Reservation Bill.

She also reiterated that the Government and the party were united on the issue and hit out at the Opposition in general and the BJP in particular for trying to derail the Lokpal Bill.

"The Lokpal Bill has been cleared by the Cabinet. The Opposition will have lots of things to say. They should accept suggestions of Government. Team Anna should also accept it. The Opposition cannot reconcile to the fact that they lost (the 2009 Lok Sabha elections). The party and Government support each other, there is no rift between the party and Government," said Sonia.

Rashtriya Janata Dal (RJD) chief Lalu Prasad, Samajwadi Party Chief Mulayam Singh Yadav and Communist Party of India (Marxist) leader Sitaram Yechury have questioned the UPA Government's intention while making it clear that Parliament will not rush through the anti-corruption legislation in a hurry to please Hazare and his associates.
Mayawati-led Bhaujan Samaj Party is also against rushing through the Bill while the Shiv Sena has opposed the concept of a Lokpal completely. The BJP and Biju Janata Dal have also opposed the Government version, but want an early passage of the Bill.

The BJP is yet to reveal its strategy but it has said that the party is ready for a discussion on the Bill any day. It is likely to raise objections on the procedure of the appointment of the Lokpal panel.
However, Keeping up the heat, Team Anna on Wednesday attacked the government for keeping CBI out of Lokpal's ambit, saying it 'totally destroys' the anti-corruption mechanism in the country by not giving an investigating arm to the ombudsman.
Team Anna member Arvind Kejriwal said the new bill will do "more harm than doing good" to the existing anti-graft machinery. Bedi said onTwitter, "The bill is not path breaking but breaking the path. Thank you Sonia G."

Source:http://ibnlive.in.com/news/lokpal-endgame-near-despite-anna-protest/213961-37-64.html

Cabinet approves Lokpal Bill (but disapproved many of Anna's demand)

The Lokpal Bill draft has been cleared by the Union Cabinet on Tuesday. The government has decided that the CBI will not be under the Lokpal .The cabinet met in the parliament house complex under the chairmanship of Prime Minister Manmohan Singh. 

• The government has decided that the CBI will not be under the Lokpal's control  and also decided not to hive off the Directorate of Prosecution from the investigative agency.

1. The Lokpal, with Constitutional status, will, however, have superintendence over the cases referred to CBI
2. Lokpal will also have the powers to carry out preliminary inquiry to be headed by a Director of Inquiry and will have a prosecution wing under a Director.  The Inquiry Wing will be headed by a Director for preliminary inquiry. The Lokpal can also ask the CBI to conduct the preliminary inquiry, which should be completed within 180 days.  Ideally, the preliminary inquiry should be completed within 90 days and extension if necessary should be sought in writing. 
3. Sources also say that the Prime Minister, Leader of Opposition, CJI will choose the CBI chief. The Lokpal will have no say in the matter.
4. Appointment of SPs and above in CBI will be done by a committee consiting of CVC, Vigilance Commissioners, Home Secretary and Secretary, DoPT. 
5. Lokpal cannot initiate any inquiry suo motu and a complaint will be required. 

• Prime Minister will be under the purview of the Lokpal with certain safeguards that will keep out aspects like international relations, public order, atomic energy, space, internal and external security from the inquiry.  Probe on any complaint against the Prime Minister will be decided by the full bench, of which at least three-fourth should agree. 

• According to sources, the government has proposed in the draft that the the Lokpal selection committee will comprise of the Prime Minister, Lok Sabha Speaker, Leader of Opposition in Lok Sabha, Chief Justice of India and a government-nominated jurist.But Anna is against more political volume in the selection committee

• According to the proposal, Lokpal will be an eight-member body and former CJI or SC judge or an eminent person will be Lokpal Chairman.  
• The government has now proposed 50% reservation for SC/ST, OBCs, Minorities and Women in the Lokpal bench and in the search committee. 
• 
  

Sources said that the bill will be tabled in the Parliament as early as on December 22.

Anti-corruption crusader Anna Hazare was quick to hit back. He rejected the Citizens' Charter bill and his team had demanded this should be part of the Lokpal Bill.

Anna on Tuesday rejected government's Lokpal draft and Citizen's Charters' Bill, saying he will go on fast, hold a 'Jail Bharo Andolan' and campaign against the government in the five election-bound states.

Expressing disappointment with the new draft Lokpal Bill to be tabled in Parliament, Anna said he would fast for three days from December 27, followed by a three-day 'jail bharo' agitation.

"I will fast on December 27, 28 and 29. This will be followed by a three-day jail bharo from December 30. After this, I will go to five states (where Assembly polls are due) and campaign against the (Congress-led) government," Anna said.

Editor's View: Well government is not arming lokpal with much powers, and without these powers lokpal will be merely a report filing institute. 
My question is why government is showing so resistance in giving lokpal powers and is making selection committee of lokpal full of political dominance?

Source: http://timesofindia.indiatimes.com/india/Cabinet-approves-Lokpal-draft-CBI-out-of-its-control/articleshow/11182920.cms
http://ibnlive.in.com/news/cabinet-approves-lokpal-bill-cbi-not-under-it/213649-37-64.html 

Anna's letter to PM

On Saturday (december 17) Anna wrote a letter to PM . Key issues of letter were about controversial things like CBI , citizen Charter,inclusion of lower bureaucracy etc.

Following are main allegations that Anna put on 7th para of four page letter 

• Demanding bringing CBI'a anti-corruption wing under Lokpal and make it its investigative agency, he said it appeared that no government weather it is bjp or congress wants to give away the control over CBI for political reasons. "Does it mean that Lokpal will not have an investigative agency. Without an investigative agency what will it do? Then it is better that we don't need a Lokpal," he said alleging irrespective of Congress or BJP, CBI was misused. Anna said.
• He  questioned on selection process for lokpal suggested by standing committee saying that  politicians play a major role in search and selection committee for Lokpal recruits. He said that there is no description of formation of search committee and that of conduction of selection process 
• Anna asked why PM why he changed his stand on Citizens' Charter despite giving a written assurance that it will be part of the Lokpal bill. "I was surprised when on 13 December Standing Committee decided to make  a new citizen charter isolated form lokpal. But You(PM)  earlier had said me that as per the parliament's  prescription chitizen charter should be indulged in lokpal then why you sent it again to standing committee?"
• He said that we waited till winter season and suspended all our agitations but now reports are saying  that the Winter Session will end on December 23.
  "We suspended all our agitations till Winter Session taking your word on face value. Reports published in media now says that the Winter Session will end on December 23. Will the Lokpal Bill be passed by then. We have doubts on this," he said.

Anna ji[1]

Source:http://www.scribd.com/doc/75919823/Anna-ji-1 (LETTER)
http://www.timesnow.tv/Anna-writes-to-PM-Congress-upset/articleshow/4391641.cms

COPY PROTECTED(contact editor to use the article) 

Lokpal's approval before filing chargesheet or closure report: CBI unhappy

The CBI has expressed displeasure over a proposal to make approval of the Lokpal mandatory before filing chargesheet or closure report. The premier investigation agency claims that the move will “severally impair” the effectiveness of anti-corruption efforts.

“We heard they are going to make mandatory approval of the Lokpal before filing chargesheet or closure report by the CBI on conclusion of investigation by making amendments to Section 173 of Cr PC. This goes against the stated objectives of making the investigation agency autonomous, not answerable or liable to be monitored by either the administrative ministry or the Lokpal and protect the integrity of investigation,” a CBI official said.

“This is also against the established jurisprudence on the subject, which provides the powers for taking final decision after conclusion of investigation to the investigating agency and even the courts do not interfere with the process of investigation,” the official added.

• The agency is also against the proposal to make preliminary enquiry (PE), except in trap cases, by Lokpal mandatory before giving cases to the CBI.
• The CBI claims that currently it gathers information and plans and executes a search operation to collect evidence. But if a preliminary enquiry by Lokpal is made compulsory, the CBI will lose the “surprise element” to carry out such operations.
• Officials added that now a PE is conducted only when available information or complaint about serious misconduct on the part of a public servant is not adequate to justify registration of a regular case. “The new provision is bound to delay commencement of investigation process. Experience shows that there are a large number of cases in which the element of criminality is known right from the beginning. Holding PE would add no value but rather help the accused by compromising witnesses and help in destroying evidence,” a senior official said.
• The CBI maintains that at present, the power of taking final decision after investigation is decentralized in the agency. Officers from the rank of SP to Director, CBI, take decisions based on the rank of the suspect public servants. “This would cause considerable delay in finalisation of the cases and commencement of trial in anti-corruption cases,” the official added.

Editor's View: CBI must act as an extended arm of LOkpal and that's why Lokpal approval's before filing chargesheet or closure report is necessary because CBI may file some charge sheet or closure report under some undue political pressure so LOkpal's supervision is necessary. However Other points by CBI are considerable.
http://www.dnaindia.com/india/report_lokpal-approval-cbi-sees-red_1622800