Tuesday, April 12, 2011

Re: [HumJanenge] JOGINDER SINGH ON CORRUPTION

Dear Guptaji

Here is an entirely different view from another senior ex-Police Officer from Maharashtra (Y.P. Singh) who is better placed to speak about Mr Anna Hazare

Members may read it carefully.

Sarbajit

---------- Forwarded message ----------
From: <yogeshpratapsingh@gmail.com>
Date: 11 April 2011 12:29
Subject: Why as a former IPS officer I decided not be a part of Version Apr 2011 of Anna's Agitation
To:


Dear All,

Thanks for your concern, Madhu Rayala.

Similar has been the concerns of many others who have repeatedly asked me why I have not been a part of Anna's Agitation version April, 2011.

My answer to all such concerns is as under:

 

A.   ACTIVISTS SHOULD NEVER BE PART OF ANY GOVERNMENT COMMITTEE OR ELSE THEY SHALL BE A JUDGE IN THE OWN CAUSE WHILE EVALUATING THE OUTCOME:

After I quit the Indian Police Service, it was my resolve not to become member of any Government Committee. The reason is that if constructive critics themselves become a part of any Government Committee then who will be there to put forward a critical account of the final outcome. The activist shall become a judge in this own cause, which would force him to support an undesirable outcome. Now the position is that even if the Lokpal Bill does not come upto the mark, Anna being a Member of the Committee shall have to praise it.

 

B. WHY I DECIDED TO KEEP AWAY FROM ANNA'S CAMPAIGN OF APRIL 2011:

I was the one of the first persons to have sat along with Anna for a couple of days in his week-long Fast starting from 9th August, 2003. At that time I was in the IPS and was posted as Commandant State Reserve Police Force, Mumbai and which had caused a tremendous harm to my career at that time.

It was indeed an unprecedented step taken by any serving IPS officer at cost of great harm to his career. Hardly ever before any IPS or IAS officer had the courage to openly align with Anti-Establishment activists while being in service. Ironically, it has become a fashion among IAS/IPS Officers to turn Anti-Establishment activists after retirement.

To prove the above, a quote from Times of India of 1 June, 2003 is given hereunder (Link placed at the end):

"Anna Hazare's experience in fighting corruption can help me improve my performance as a police officer," said Mr Singh, who has upset the establishment with his recent novel, 'Carnage by Angels', a thinly fictionalised account of corruption in the force.http://articles.timesofindia.indiatimes.com/images/pixel.gif

Explaining his hour-long meeting on Wednesday with the veteran crusader against corruption, Mr Singh said, "If I want to plant trees, I will go to a tree expert."

Mr Singh, the commandant of Group VIII of the State Reserve Police, said that he met Mr Hazare to push his proposal that promotions and transfers should be effected by a committee.

"The government can set up a committee comprising a retired high court judge (appointed by the chief justice), the Lokayukta, an eminent citizen and two former police commissioners who can vet the list of police officers to be appointed to key posts," said Mr Singh, adding that the final decision could be left to the government.

However, after some time I realised that my way was different. Hence I decided to keep away from the April, 2011 version agitation of Anna.

There have been several people asking me why I did not join Anna's agitation of April, 2011. I think I owe an answer to them. Hence state my reasons as under:

SPECIFIC REASONS WHY I KEPT AWAY FROM ANNA'S APRIL 2011 AGITATION:

(1)    Anna gets impressed by colour of authority – e.g. his getting impressed with Sonia Gandhi:

I have been seeing for the past 8 years of my association with Anna, he is one person who gets impressed by the colour of authority. If a senior politician or minister calls up, he gets overwhelmed. One can never fight against an authority if you get impressed by his stature. His praise for Sonia Gandhi is one such example. The effect of this praise was like a pronouncement of a PR person trying to show that a corrupt government was honest.

(2) Anna rejoiced moving in Government Vehicles with Red Lamps – very demeaning to activists:

After the 9th August 2003 Anna started moving in Government Vehicles with Red Lamps. I remember the only time I sat in a Government vehicle after I quit the IPS was with Anna (Except a couple of times with my activist wife Abha Singh in her Government Vehicle to attend her office functions where spouse presence is expected, for which I had no courage to say No!). (This can be confirmed through RTI to General Administration Department, Mantralaya).

(3) Anna accepted Government Hospitality and stayed in Government Circuit Houses meant for dignitaries high in protocol:

Maharashtra Government in order to quell his voice, accorded great hospitality to the willing Anna. He would often come to Mumbai and stay in the posh Government Guest Houses like High Mount in Malabar Hill. These guest houses were meant for government functionaries high on protocol. This was highly objectionable for an activist fighting against the Government. If an activist accepts government hospitality how can be fight against the Government.

(This can be confirmed through RTI to General Administration Department, Mantralaya).

(4)    To quell Anna, Government of Maharashtra accorded him de facto extra constitutional authority to him:

All limits were crossed when Anna became an extra constitutional authority and started chairing meetings with IAS officers and other Mantralaya officials in the Chief Minister's Conference Hall on the 6th Floor of Mantralaya, Mumbai. Secretaries and Ministers would report to Anna of the works being done by their respective department with reference to Anna's demands.

(Details of his meetings can be obtained through RTI to General Administration Department, Mantralaya).

(5)    Anna's people, many in conflict with the cause were given office space in Mantralaya to operate from there:

Many of Anna's local associates, led by one property broker, were given separate office space in Mantralaya. Anna's office started operating from Mantralaya against all rules. It was just like Anna's men had started running a parallel government. A history was created when an activist like Anna Hazare, fighting against the Government, started operating from State Secretariat itself. For a person like myself even though being in the IPS has visited State Secretariat just 3-4 times in my entire service career, this was unthinkable.

(This can be confirmed through RTI to General Administration Department, Mantralaya).

(6)    Anna took papers from us on Adarsh so that 2 Union Ministers – Vilas Rao Deshmukh and Sushil Shinde who are involved in Adarsh Scam be removed – Suddenly Anna turned silent:

The most serious thing happened when Anna's people kept on calling me up for giving papers on details on Adarsh scam where 2 Union Cabinet Ministers, namely, Sushil Shinde, and Vilas Rao Deshmukh were involved. I sent the papers on the hope that Anna shall seek the ouster of Vilas Deshmukh and Sushil Shinde from the Union Cabinet. However he never did so and turned mysteriously silent on demanding the ouster of the 2 Union Cabinet Ministers after taking papers and details from me.

(7)    Anna took details on Lavasa Hill Station, which was declared illegal solely based on our hard work, and where it was proved on document that Supriya Sule, daughter of Shard Pawar held 21 % shares – these shares of a Company worth many thousand crores were sold later at a pittance – Anna suddenly turned silent on Pawar after taking details from us:

Anna also sought details on Lavasa where because of my diligent efforts on the legal side and along with untiring efforts Medha Patkar and her co-activists, a brilliant case was made. The Central Government had to declare that the project was illegal after a PIL was prepared by me and filed by the Group of Medha Patkar. Further, there was documentary evidence to show that the daughter of Sharad Pawar, Ms. Supiya Sule held 21 percent share in this very high net worth Lavasa Corporation, having thousands of acres of precious land. Most intriguingly, despite the fact that Ms. Sule sold 21% share in this Company of many thousand crores, her net worth remained just Rs. 42 crores! Had the transaction been true her net worth should have been at least Rs. 500 to Rs. 1,000 crores. Since Anna had taken the details from us, we expected Anna would demand Sharad Pawar's resignation but suddenly he remained silent, leaving us in the lurch to fight the battle alone.

What Anna has been doing since 2003 is being repeated once again. Anna and his people have monopolised a Committee in toto and have anchored themselves in Central Secretariat just the way they did in State Secretariat earlier. Fair play and expediency commanded that Anna and his people should have been out of the Committee and should have critically scrutinised the final outcome. Unfortunately, now being a part of the Government, and singing praises for Sonia, Anna has become a judge in his own case. Indeed, a grave infringement of the rules of natural justice. Such an inconsistent venture is bound to fail.

BUT THIS WILL BE TOLD BY TIME.

I think aforesaid shall explain why I decided not to be a part of April, 2011 version of Anna Hazare. By such specific reasons I may have made my position clear.

Best wishes,

Y.P. Singh

 

LINK: http://www.google.co.in/url?sa=t&source=web&cd=1&ved=0CBwQFjAA&url=http%3A%2F%2Farticles.timesofindia.indiatimes.com%2F2003-06-01%2Fmumbai%2F27210953_1_mumbai-police-police-officer-anna-hazare&rct=j&q=anna%20hazare%20yp%20singh&ei=A4uiTdbQGoX3rQfg6biCAw&usg=AFQjCNEERcJS62aCdq_gSEs6zEn7Ce5VaA&cad=rja)

 




On Tue, Apr 12, 2011 at 7:48 AM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
Joginder Singh
Ex Director- CBI
Social activist Anna Hazare is demanding enactment of an anti-corruption bill to give wider powers to the proposed Lokpal authority. Hazare's fight — indeed, any fight against corruption — is welcome at a time when the government of the day is reluctant to act against corruption and the corrupt, as is evident from the fact that the Supreme Court has had to step in, direct and monitor probes into each of the recent massive scams — the 2G scam, Adarsh Housing Society scam, CWG scam, or the case of the Delhi minister against whom the Delhi Lokayukta had sent a report. In that last instance, the government, instead of acting on the Lokayukta's report is considering taking a second look at the law itself!
Our laws have been framed to let the guilty escape, rather than to bring them to justice — on the specious and untenable plea that no innocent should be punished even if in the process nine guilty escape.
Not just nine out of ten guilty escape, even the 10th also often escapes, thanks to impossible laws and no witness protection act. The possession of assets beyond known means of income is a criminal offence under the Prevention of Corruption Act. The law should be changed to put the onus on the accused to prove that whatever he possesses or owns has been acquired by honest means. The criminal
justice system should be strengthened so that no case takes more than six months in any court of law, as against the present 10 to 30 years.
Only one appeal should be allowed to those indicted, instead of layer upon layer of appeals. Citizens' right to corruption-free governance must take precedence over the right of appeal of the corrupt. Second, under the present law, both the giver and receiver of a bribe are guilty of the crime. This is a skewed law, because if both are to be held guilty, then who will give evidence against a corrupt official. Moreover, it is common sense that nobody willingly gives bribes. Bribes are most often extorted. The law must be changed so that only the receiver of illegal gratification is charged with the crime.
Third, once a legislator or minister or public official is found guilty of a corrupt practice, s/he should be debarred for life from contesting or holding any public office or a government job.
Fourth, 'sting' operations should be legalised, both for the general public and the media so that they can expose corrupt elements. A percentage of the illegal property of corrupt public servants, say 50 per cent, should be given as a reward to the person exposing corruption. These steps may appear draconian, but serious diseases require surgical operations.
The current mood of indignation against corruption is appropriate. We have among the most corrupt governments in the world, with an integrity score of 33 out of 100, as per the 2010 report of Transparency International.
Hong Kong-based Political & Economic Risk Consultancy Ltd., has rated India at 8.67 on a scale of zero to 10, with the high-end being the worst in terms of corruption. Only the Philippines (8.9), Indonesia (9.25) and Cambodia (9.27) are any worse in a list of 16 countries. In contrast, Singapore had a score of 0.37, Hong Kong 1.1, Australia 1.39, Japan 1.9 and the US 2.39. Even China fared better than India, with a score of 7.93.
Clearly, it's more than overdue for the government to take this issue seriously. The minimum punishment for corruption should be a life sentence, with no remission. And death for those who loot the country and countrymen!
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