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Judicial activism Of corrupt individuals, media trial and justice

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PUBLISHED IN GREATER KASHMIR

The recent past has witnessed a good measure of writs, orders and directions from the Supreme Court of India which could be termed classical examples of Judicial Activism, an expression used invariably to connote meaning when courts pronounce on matters which usually and in the ordinary course of things do not fall within their well defined areas of operation or jurisdiction. Legally the courts in these matters may not be lacking jurisdiction totally, but as a matter of practice which over a long period of time has hardened into an unwritten rule, the courts do not interfere in such matters as are best left to the discretion or powers of the Executive or Legislature.
There might have been instances of judicial activism in the country in the past but then the constitutional doctrine of separation of powers was never lost sight of. The Supreme Court of India while dealing with various matters and while giving new dimensions to the concept of rule of law and taking the concept of rule of law to higher legal heights had always refrained from making pronouncements on matters of public policy followed by the executive. Thus the often spoken about doctrine-of-separation of powers between the judiciary, executive and parliament was respected and clearly kept in mind.
Without going into finer details as to what could be termed as judicial activism or pure judicial functioning and not trying to lay down lines of distinction between the two, let us come straight way to the recent unusual decisions or directions of Supreme Court which have once again brought the debate to the fore. All this started when in the recent past Mr. Subramanium Swami approached the Supreme Court of India seeking directions on to CBI to probe in to the 2 G Scam. In his petition Mr. Swami maintained that he had written to the Prime Minister of India to grant sanction for the prosecution of Mr. Raja the then Telecom Minister but the Prime Minister did not grant the same, he further said that he had written to the Prime Minister in this connection in November, 2008. Till then no FIR was lodged in 2G Scam. One wonders as to how the Prime Minister could grant sanction to prosecute Mr. Raja merely on the petition of Mr. Swami. However, an FIR was lodged in 2G Scam in October, 2009 and the Supreme Court started to monitor investigation into the case. What followed is history.
The accused in 2G Scam where subjected to media trial on the one hand and on the other hand the Supreme Court of India while monitoring the investigation acted in a method and manner, that gave rise to many legal ponderables, for instance that one of the cardinal principles of criminal jurisprudence, ‘an accused is presumed to be innocent till his guilt is proved beyond doubt at the trial of the case’ was given a burial and an impression was created that whatever the investigating agency comes forthwith is the gospel truth and that as if the guilt of the accused was already proved, so much so that the concession of bail to the accused persons was also denied to them. Though the case even if proved, does not carry death penalty not even life imprisonment as punishment. In thousands of cases across the country which are heinous in nature and where the allegations are grave, but do not carry death penalty as punishment accused are enjoying the benefit of bail because in the legal system in this country bail and not jail is the rule, especially at the pre-trial stage. However, in the case under discussion again the cardinal principal of law relating to bail that (bail is not to be with held as a matter of punishment) was given a good bye. That the accused is presumed to be innocent and the presumption of innocence is in favour of the accused till proved guilty beyond any shadow of doubt and he has right to remain on bail as a presumable innocent person, all this and many other principles of criminal jurisprudence and criminal justice system received a burial.
Any one belonging to legal profession with even slight understanding of the criminal jurisprudence and criminal justice system, can safely say that in the heat and dust created by such cases as 2G Scam, the courts of the country have allowed the long respected cardinal principles of criminal justice system to become a causality and in fact have made these so.

 

A pertinent question stares one in his or her eye that as to what purpose of law and justice is served by keeping Kalanmozi in continued judicial custody, would she flee justice if she was allowed bail? Women are allowed bail even in cases which involve death penalty or life imprisonment as punishment. Kalanmozi is an ML P. and very well known person in her own rights and has very strong roots in society. Therefore, there is no reason in law to withhold her bail.
Another disturbing instance is Hassan Ali’s case, why is he still in jail, when the allegations against him are failing apart in spite of what the investigating agency had to publicize about him and in spite of very strong observations of the Supreme Court in his case. He was put to media trial much before his actual trial in a court of law would start and people were given to believe that Hassan Ali is involved in money laundering in a big way and that he is the king pin in the matter of stashing black money in foreign banks. He was publicized to be owing Rupees Seventy Two Thousands crores of income tax to the country by the investigating agency and in a rush perhaps the Supreme Court not only formed a S.I.T. to investigate the black money stashed in foreign banks but also at one point in time observed that why shouldn’t the government invoke terror laws against him. His bail was cancelled and he was jailed. His rights which the Constitution gives him were violated by the very judiciary which is supposed to protect tire fundamental rights of the citizens, which includes the accused persons also.
(The author is advocate J&K High Court)

ORIGIN: http://www.greaterkashmir.com/news/2011/Sep/15/judicial-activism-83.asp

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14 Bills (11 in the Lok Sabha and 3 in the Rajya Sabha) introduced during the Monsoon Session

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LAXMAN PRASAD IN LAWYERSCLUBINDIA

The Lok Sabha passes 13 Bills and the Rajya Sabha passes 09 Bills during the session

 The Monsoon Session, 2011 of Parliament which commenced on Monday, the 1st of August, 2011, concluded on Thursday, the 8th of September, 2011.  The Session provided 26 sittings spread over a period of 39 days.

During the Session, Supplementary Demands for Grants (General) for 2011-12 and the related Appropriation Bill, was discussed and passed by the Lok Sabha. Thereafter, the Rajya Sabha considered and returned the Appropriation Bill.

In Lok Sabha, Motion regarding price rise, calling upon the Government “to take immediate effective steps to check inflation that will give relief to the common man”, moved by Shri Yashwant Sinha was discussed and adopted without voting.

One Bill replacing the Ordinance, namely, the Indian Medical Council (Amendment) Ordinance, 2011 which was promulgated by the President, was considered and passed by both the Houses of Parliament during the Session. Another Ordinance, namely, the Indian Institute of Information Technology, Design and Manufacturing, Kancheepuram Ordinance, 2011 which was promulgated by the President, could not be replaced by an Act of Parliament.

In the Lok Sabha, five Short Duration Discussions under Rule 193 were held on (i)Commonwealth Games, 2010; (ii) Relief and resettlement of Tamils in Sri Lanka; (iii) Setting up of Lokpal and certain events that took place on 16.08.2011 in Delhi; (iv) Widespread corruption in the country; and (v) issues relating to setting up of a Lok Pal.

In the Rajya Sabha, four Short Duration Discussions under Rule 176 were held on (i) Growing incidents of terrorism in the country; (ii) Commonwealth Games, 2010; (iii) Growing incidence corruption in the country; and (iv) Problems being faced by Sri Lankan Tamils. Besides, clarifications were sought on the statement made by Prime Minister on setting up of a Lok Pal.

Besides, 2 Calling Attentions in Lok Sabha and one Calling Attention in Rajya Sabha were discussed.  One Half-an-hour discussion each in Lok Sabha and Rajya Sabha was also discussed.

During the Session, 14 Bills (11 in the Lok Sabha and 3 in the Rajya Sabha) were introduced.  The Lok Sabha passed 13 Bills and the Rajya Sabha passed 09 Bills during the session. A list containing the titles of the Bills introduced, and, considered and passed during the Session is given below:

 

 

LEGISLATIVE BUSINESS TRANSACTED DURING EIGHTH SESSEION OF FIFTEENTH LOK SABHA AND 223rd SESSION OF RAJYA SABHA

(MONSOON SESSION, 2011)

 

I – BILLS INTRODUCED   IN LOK SABHA

 

1.       The Indian Medical Council (Amendment) Bill, 2011

2.       The Lokpal Bill, 2011

3.       The Indian Institute of Information Technology, Design and Manufacturing, Kancheepuram Bill, 2011

4.       The Appropriation (No.3) Bill, 2011

5.       The Damodar Valley Corporation (Amendment) Bill, 2011

6.       The Customs (Amendment and Validation), Bill, 2011

7.       The Benami Transactions (Prohibition) Bill, 2011

8.       The National Academic Depository Bill, 2011

9.       The Land Acquisition, Rehabilitation and Resettlement Bill, 2011

10.   The Nuclear Safety Regulatory Authority Bill, 2011

11.   The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2011

 

II – BILLS PASSED BY LOK SABHA

 

1.       The Appropriation (No.3) Bill, 2011

2.       The State Bank of India (Subsidiary Banks Laws) Amendment Bill, 2009

3.       The Transplantation of Human Organs (Amendment) Bill, 2009

4.       The National Institutes of Technology (Amendment) Bill, 2010

5.       The Customs (Amendment and Validation) Bill, 2011

6.       The Indian Medical Council (Amendment) Bill, 2011

7.       The Jawaharlal Institute of Post Graduate Medical Education and Research, Puducherry (Amendment) Bill, 2011

8.       The Indian Institute of Information Technology, Design and Manufacturing, Kancheepuram Bill, 2011

9.       The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2011

10.   The National Council for Teacher Education (Amendment) Bill, 2011

11.   The Academy of Scientific and Innovative Research Bill, 2010

12.   The Orissa (Alteration of Name) Bill, 2011

13.   The Constitution (One Hundred and Thirteenth Amendment) Bill, 2011

 

III – BILLS INTRODUCED  IN RAJYA SABHA

1.       The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Bill, 2011

2.       The Border Security Force (Amendment) Bill, 2011

3.       The Administrators-General (Amendment) Bill, 2011

 

IV – BILLS PASSED BY RAJYA SABHA

1.       The Jawaharlal Institute of Post Graduate Medical Education and Research, Puducherry (Amendment) Bill, 2010

2.       The Appropriation (No.3) Bill, 2011

3.       The Coinage Bill, 2011

4.       The Juvenile Justice (Care and Protection of Children ) Amendment Bill, 2010

5.       The National Council for Teacher Education (Amendment) Bill, 2010

6.       The State Bank of India (Subsidiary Banks Laws) Amendment Bill, 2011

7.       The Transplantation of Human Organs (Amendment) Bill, 2011

8.       The Indian Medical Council (Amendment) Bill, 2011

9.       The Customs (Amendment and Validation) Bill, 2011

 

ORIGIN:  http://www.lawyersclubindia.com/news/14-Bills-11-in-the-Lok-Sabha-and-3-in-the-Rajya-Sabha-introduced-during-the-Monsoon-Session-13334.asputm_source=newsletter&utm_content=news&utm_medium=email&utm_campaign=nl_15_09_2011

HC notice to UT: Evolve fool-proof security system

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PUBLISHED IN THE INDIAN EXPRESS

In wake of September 7 bomb blast in Delhi, PIL exposes lax security measures for entry into High Court

The Punjab and Haryana High Court on Friday issued notices to Chandigarh Administration on a Public Interest Litigation (PIL) seeking directions to Chandigarh Administration to evolve and install a fool-proof security system.

Suggestions were made to install a system with modern electronic gadgets, equipments and Closed-circuit television (CCTV) Cameras on the pattern of security systems installed in the Supreme Court of India.

The petition has been filed by Advocate H C Arora.

Referring to the security system in the High Court, the petitioner contended that “…The security system in the High Court is quite lax. Anybody can enter from gate number 1 after assuring that he needs to get an affidavit attested from an Oath Commissioner. Anybody pretending to be a government officer can get unrestricted entry through the gates.”

“Entry is at will after lunch for all visitors. Any mischievous element can enter the High Court premises after posing as an advocate by wearing a black coat and a white collar band.”It read, “Laxity in the security system can pose a serious threat to the life and liberty of innocent citizens, including lawyers and the staff of the High Court.”

The petitioner has sought that the security system shall be set up in due consultation with the High Court on administrative side and the High Court Bar Association, in wake of the bomb blast which took place in Delhi High Court.

SC security measures

* Permanent passes with photographs to permanent members of the Supreme Court Bar Association or to outside advocates, issued at the instance of the Bar Association.

* Temporary passes issued at the spot to outsider advocates, after establishing their identity based on voter identity card, or the Enrollment Card issued by concerned Bar Counsel.

* Temporary separate passes issued in a similar manner to litigants, on the basis of strict proof of their identity.

* Entry being allowed to petitioners in person, only for the particular Court Room where they have to appear or watch the proceedings of their own cases, where after they have to leave the premises of the Supreme Court

* Frisking of all visitors, except those with permanent passes, and staff of the Supreme Court of India

* CCTV Cameras keeping account of activities of all visitors to Supreme Court of India

* No entry of persons other than lawyers to the bar rooms.

Justice Bedi voices concern for subordinate judiciary

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SC RETIRED, JUSTICE HARJIT SINGH BEDI

The Supreme Court Bar Association on Friday organised a farewell function for Justice Harjit Singh Bedi whose official term in office ends on September 5.
Speaking on the occasion, Justice HS Bedi said that the last two decades of his judicial career have been very satisfying. He said that his association with the Bar, such as Chandigarh, Bombay, and the Supreme Court would be a memory that he will cherish forever.

During the speech, Justice HS Bedi commented on the persistent sniping that goes on at the judicial system. Justice Bedi stated, “the criticism is sometimes justified and it has to be accepted in that spirit but I find that some of the remarks are unnecessarily sweeping and uncharitable as my experience shows that for every bad Judge there are many good ones whose contributions are completely ignored.”

Blaming the pressures, under which the Judges of the lower judiciary have to function, Justice HS Bedi said that it was responsible for the Judges to avoid taking decisions in controversial matters.

“The subordinate judiciary is at the receiving end not only from the litigant, as one side has to lose, but also from the public, the politician, the media, from unscrupulous lawyers, and, more importantly, from its superiors in the judicial hierarchy. It is this fear in the lower judiciary that is, in many ways, responsible for the creation of excessive and avoidable litigation in the higher courts as subordinate Judges play safe and let Judges higher in the hierarchy take decisions in controversial matters,” Justice HS Bedi said.

Justice Bedi during his speech also commented on the assessment made on the level of corruption in the judiciary. “We have High Court and Supreme Court Judges making assessments about the extent of corruption in the judiciary and offering widely differing figures from 20% to 80%.  How they come about these figures is a mystery to me. Undoubtedly allegations of corruption leveled against a Judge must be strictly dealt with, and that is invariably the case,” Justice Bedi said.

Chief Justice SH Kapadia, speaking on the occasion said that Justice Bedi has been a distinguished colleague who by joining the higher judicial office had continued the family tradition as his father Justice Jagjit Singh Bedi was a distinguished Judge of the Punjab and Haryana High Court.

The Chief Justice said that the judgments pronounced by Justice Bedi were always well structured and there was no element of judicial overreach. He said that his judgments and speeches were always appropriate and well balanced.

“He never crossed the lakshman rekha. His judgments indicate a very fine balance also between judicial activism and judicial restraint,” Chief Justice SH Kapadia said.

RIGHTS OF AN INDIVIDUAL V/S DUTIES TOWARDS THE SOCIETY

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There is a famous corollary, “Who came first: chicken or the egg?” From this another corollary which draws its way is “What is more important for people to be aware of: Rights or Duties?” Quite often we say that we have certain rights which are incorporated in our Constitution, but forget to realise our duties towards the State. The concept of rights without duties is frivolous and completely vague.

Almost in every State, especially in a Democracy, rights are vested in the citizens; but, in return State expects some duties from its citizens. The person is conceded right to life, right to free speech, right to move freely, right to practise and profess his own religion and what not. In case these rights are infringed, the State also acts as the law abiding guardian of these rights.

In a way, since State is protecting every individual from being maltreated by the other person, it even expects some duties from the citizens also. Like, the citizen is expected to render his services to the State in times of War, to maintain law and order in the State, not to indulge in acts of blasphemy and sedition, we can vote and accept the duty of picking out leaders, etc.

A tussle between the two

However, there is a clash between rights and duties, which an individual has towards the society. People demand more and more and contribute less and less. Rights are being demanded whereas, duties are being forgotten. Duty refers to a sense of moral commitment to someone or something. However, it should be born in mind that a duty-centred society is preferred to right-centred society. In case of a right-centred society, individuals are only concerned about their individual rights and not about their duties.

In this tussle of rights and duties, rights pre-dominate over duties. Rights are vested in an individual by the State, whereas most of the people try to derelict their duties. We have a duty to vote during elections, but how many of us really go out in the scorching heat of the sun to vote, how many of us stand unanimously in times of war, how many of us follow the traffic rules, and list is endless.

The biggest disadvantage in India is that most of the people are not even aware of their rights.  When you don’t demand, how can you expect anything in return! Before we expect everyone to realize their duties, it’s imperative that we make them aware of their rights. One of the good ways is to get the under-privileged aware of their rights and the privileged ones aware of their duties. Unfortunately what happens most of the times is just the opposite!  It’s true that it’s not possible to objectively state what comes first-Rights or Duties. But unless we have our hands filled with something, what can we give away.

“Rights! There are no rights whatever without corresponding duties.” 

       –Samuel Taylor Coleridge

Objection, your honour

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Satya Prakash in the HINDUSTAN TIMES

As Justice Soumitra Sen of the Calcutta High Court faces impeachment proceedings, the focus is back on corruption in the Indian judiciary, often accused of opposing measures to introduce transparency and accountability in an institution that also judges the works of the Legislature and the Executive.

During the debate on the resolution in the Rajya Sabha to remove Justice Sen, cutting across party lines, MPs attacked the judiciary for corruption, lack of accountability and the collegium system of appointments, in which the executive hardly has any role to play. No wonder, in his farewell speech, Justice VS Sirpurkar of the Supreme Court described the statements against the judiciary as “indigestible”.

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Should the Judiciary be under Lokpal?
Gandhian Anna Hazare, who had been on an indefinite fast since August 16 to demand a strong Lokpal (anti-corruption ombudsman), first demanded that the judiciary be brought under the Lokpal. However, team Anna is now said to have agreed to keep the judiciary out of the purview of the Lokpal if the government simultaneously brings the Judicial Standards and Accountability Bill with strong provisions to deal with judicial corruption.

“Judiciary can’t be covered by this (proposed) Lokpal. It should be covered by another alternative mechanism. We call it the National Judicial Commission,” leader of Opposition in the Rajya Sabha Arun Jaitley said on August 18, during the debate on Sen’s impeachment.
According to former Chief Justice of India PN Bhagwati, bringing the judiciary under the Lokpal would “seriously” affect its independence. Only a “specialised agency” should be entrusted to ensure accountability in the judiciary, whose autonomy could be compromised if brought under the Lokpal, Bhagwati said in an open letter to Hazare.

The Judicial Standards and Accountability Bill, 2010
The UPA government introduced the Judicial Standards and Accountability Bill in the Lok Sabha on December 1, 2010. It proposes to lay down judicial standards, provide for the accountability of judges, and requires them to declare their assets and liabilities, and also that of their spouse and children.

The Bill requires judges to practise universally accepted values of judicial life, such as prohibition on close association with individual members of the Bar who practise in the same court as the judge and allowing family members who are members of the Bar to use the judge’s residence for professional work.

Law Commission Vice Chairman KTS Tulsi terms it a historic step, saying, “For the first time judges’ conduct is being defined by a statute.”
The proposed law is to replace the Judges (Inquiry) Act, 1968 that lays down procedure for removal of the Supreme Court and high court judges. But most importantly, it empowers the common man to file complaints against judges of the high courts and the Supreme Court.
https://i2.wp.com/www.hindustantimes.com/images/HTPopups/280811/28_08_11_pg11b.jpg

The numbers game
Under the present system provided for in the Judges (Inquiry) Act, 1968, the process for removal of a judge can be initiated through a resolution either by 100 Lok Sabha members or 50 Rajya Sabha members.

After the MPs submit a duly signed motion to the Lok Sabha speaker or Rajya Sabha Chairman, the presiding officer constitutes a three-member committee to probe the allegations and determine if it is a fit case for initiating the impeachment process.

If the panel indicts the judge, the resolution for removal has to be passed by two-thirds majority in both Houses in the same session. The resolution is then sent to the President, who orders removal of the judge. The judge is given an opportunity to defend him/her.

While retaining the reference procedure, the Bill proposes to introduce a complaint procedure to empower the aam admi to file complaints against judges of the high courts and the Supreme Court.

It seeks to establish two authorities — a National Judicial Oversight Committee and a Scrutiny Panel — to investigate complaints against judges.

The Oversight Committee will comprise a retired Chief Justice of India as the chairperson, a judge of the Supreme Court nominated by the sitting Chief Justice of India, a Chief Justice of the High Court, the Attorney General for India, and an eminent person appointed by the President. The scrutiny panel shall comprise a former Chief Justice and two sitting judges of that court.

A Parliamentary panel on Law and justice is said to have recommended inclusion of one MP each from the Lok Sabha and the Rajya Sabha in the Oversight Committee.  Initial complaints will be made to the Oversight Committee, and they will be referred to the scrutiny panel constituted in the Supreme Court and in every High Court.

If the scrutiny panel feels there are sufficient grounds for proceeding against the judge, it shall report on its findings to the Oversight Committee.

When the panel finds that the complaint is frivolous, or that there not sufficient grounds for inquiring against into the complaint, it shall submit a report to the Oversight Committee giving its findings for not proceeding with the complaint.

If the scrutiny panel recommends investigation into a complaint against a judge, the Oversight Committee will constitute an investigation committee to probe into the complaint. The probe panel will comprise three members. It will frame definite charges against the judge and shall communicate the same to the judge, who shall be given an opportunity to present the case, but if the judge chooses not to be heard, the proceedings may be heard without him present.

The Removal of a judge
If the Oversight Committee feels that the charges proved against the judge merit his/her removal, it shall request the judge to resign voluntarily, and if the judge fails to do so, it shall advise the president to proceed with the removal of the judge. In such a case, the President shall refer the matter to Parliament, where the rest of the procedure is the same as the one in the case of a motion moved by MPs.

The Bill exempts documents and records of proceedings related to a complaint from the purview of the RTI Act, 2005 but the reports of the investigation committee and the order of the Oversight Committee can be made public. The tainted judges gallery

Why The Collegium stays
Under Article 124(2) and Article 217(1) of the Constitution, a judge of Supreme Court/High Court has to be appointed by the President after “consultation” with the Chief Justice of India (CJI). The government was not bound by the CJI’s recommendation.
But in 1993, the Supreme Court introduced the collegium system, taking over primacy in appointments to higher judiciary. A nine-judge Constitution Bench in 1998 ruled that “consultation” must be effective and the chief justice’s
opinion shall have primacy. Now India is the only nation in the world where judges appoint judges. In 2008, the Law Commission favoured restoration of pre-1993 position. Despite the UPA government criticising the collegium system, the Bill does not propose to change it.

Post-retirement carrots
During his speech on Sen’s impeachment, Jaitley said: “The desire of a job after retirement is now becoming a serious threat to judicial independence.”

Tulsi also described it as a menace. “I agree with Jaitley that judges should not be given post-retirement jobs. If a statute requires a judicial person, a sitting judge can be appointed.”

The way forward
Prevention is better than cure. What is needed is a system that ensures only an honest person becomes a judge. If that happens, the occasion for removal of a judge may not arise.  Also, the collegium system must go, says former law minister Ram Jethmalani. “Setting up a National Judicial Commission is the only solution. The Commission must have the powers to appoint, transfer and remove judges,” he said.
He, however, said: “It should be a broad-based body comprising a government representative, the leader of the opposition and representatives of the judiciary, organised Bar, academic world and the world of social sciences.”

 http://www.hindustantimes.com/Objection-your-honour/H1-Article1-738669.aspx
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Anna Hazare fast: Lokpal debate in House unlikely today over procedural delays

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IIT-Delhi faculty and students show support for Anna Hazare

A debate scheduled in Lok Sabha on various versions of theLokpal Bill, including that of fasting anti-corruption activistAnna Hazare, was unlikely on Friday because of procedural delays. Soon after the debate began, the House was adjourned till 3.30 pm following uproarious scenes by the Opposition.

Parliamentary Affairs minister Pawan Kumar Bansal said the debate may now be held on Saturday. He expressed displeasure over the functioning of the House.

‘Anna ready to break fast’
The developments came as Hazare’s fast entered its 11th day at the Ramlila Maidan. Hazare’s associate Kiran Bedi said the Gandhian activist would end his hunger strike once Parliament passed a resolution that met his demands. These are: the inclusion of lower bureaucracy under Lokpal, a citizens’ charter and the setting up of state Lokayuktas.

“Today is a key moment for India’s future. The resolution by MPs will be victory for every Indian,” Bedi said.

Prashant Bhushan, another Hazare associate, said: “A mere discussion will not do. Parliament will have to pass a resolution indicating that the Lokpal Bill covers the three issues raised by Anna.”

Hazare’s team demanded that Parliament, if need be, hold the debate on Saturday too, saying Hazare’s health was precarious and corruption was a critical issue.

Rahul suggests Lokpal on lines of EC

Rahul Gandhi
Rahul Gandhi in Lok Sabha.

Hazare’s ongoing fast was lauded by Rahul in his Zero Hour speech in Lok Sabha, but he emphasised that the fight against corruption had to move beyond setting up an effective Lokpal.

“We can’t wish away corruption. It will require a comprehensive programme of action. There is a perception that enactment of single Bill will eradicate corruption. I have serious doubts about that,” Rahul said.

“The Lokpal law is just one element in the fight against corruption. Laws are also required on government funding of elections, land issues and mining,” he said, reminding MPs that they had the responsibility of allowing Parliament to function so that such laws could be enacted.

“Why not make the Lokpal a constitutional body like the Election Commission?” asked Rahul, all the while being backed by Congress MPs.

“Democractic processes cannot be undermined. Underming Parliament’s supremacy is dangerous for democracy,” he cautioned. “Let us commit ourselves to truth and probity in life. We owe it to the people of India.”

BJP MPs interrupt Rahul speech
Rahul’s statement sparked off an uproar in the House, with BJP MPs rising from their seats and shouting slogans. His speech was interrupted several times. BJP leader Ananth Kumar later stepped up the attack on the Congress by asking if Rahul or the prime minister was running the government.

Earlier in the day, Rahul met Prime Minister Manmohan Singh, apparently to discuss the Lokpal Bill.

MPs seek debate under Rule 193

Doctors examine Anna Hazare
Doctors examine Anna Hazare at the Ramlila Maidan.

As the Lok Sabha session began on Friday, Congress MPs Jagdambika Pal, Anu Tandon and Sanjay Nirupam gave a notice to Speaker Meira Kumar, seeking a debate on the Jan Lokpal Bill under Rule 193.

This was after Parliamentary Affairs Minister Pawan Bansal expressed doubts whether a debate could take place on Friday as there was no notice for it.

The government had on Thursday agreed to a debate on three versions of the Lokpal Bill in Lok Sabha, giving rise to hopes of a resolution of the ongoing crisis.

Hazare’s team has demanded a Parliament debate under Rule 184, which allows voting.

Team Anna’s draft resolution for Parliment

Supporters of Anna Hazare
Supporters of Hazare in New Delhi.

Hazare’s team has proposed a resolution for Parliament. It reads as:
1) A Lokpal Bill shall be passed by Parliament in the ongoing session, which will set up an independent Lokpal institution at the Centre and an independent Lokayukta institution on the same model in each state.
2) The House further resolves that Lokpal shall have jurisdiction over all public servants at the Centre and the Lokayukta shall have jurisdiction over all public servants in respective states.
3) Such law would require that all government departments make Citizens’ Charters to give information about which public-dealing work being done in how much time and by which officer. Violation of the Citizens’ Charter shall be penalised by Lokpal or Lokayukta.

Anna writes to PM
Hazare also wrote a letter to the prime minister, which was taken to him by Union Minister Vilasrao Deshmukh. The highlights of the letter are:
– I am not sitting on a fast for serving my selfish purpose. I am just a common man and I want to help the poor people of this country. I have no partaking in power politics.
– Our movement is not against any person or any party. We want to fight and remove corruption. During this movement, if anything said by any of the team members has hurt your sentiments, then I apologise on their behalf.
– The common man is getting affected on a day-to-day basis due to corruption.
– (Mentioning the three demands on Lokpal Bill) If these can be accepted by Parliament, I will end my fast. Else I will keep sitting at Ramlila Maidan.

Govt wants assurance from Anna

Supporters of Anna Hazare
Supporters of Anna Hazare shout slogans outside the PM’s residence.

The government has sought a concrete assurance from Hazare that he will break the fast after Parliament takes up his Jan Lokpal Bill.

Congress MP Sandeep Dikshit, one of the negotiators for the government, said Hazare should keep the sanctity of his fast and stick to his words.

“This hunger strike has been an ideal for all. Anna is kind-hearted, I appeal to him to break his fast. He had said he will end his fast as the discussion begins. Since everybody is ready for the discussion, he should end the fast,” he said.

Ministers continue with meetings
Law Minister Salman Khurshid met Finance Minister Pranab Mukherjee to discuss a way out of the deadlock. “We want a collaborative, cooperative resolution in the House. The whole House must be party to it,” Khurshid said.

Team Anna meets Left leaders
A day after meeting the BJP top brass, Hazare’s team met CPI(M) leaders on Friday.

“We are going back to all political parties to ask which provisions of the Lokpal need more clarification,” said Bedi.

After meeting CPI(M) leader Prakash Karat, Bhushan said, “I have given clarifications that the CPI(M) sought. The party has indicated that they by and large support the Jan Lokpal Bill.”

COURTESY: INDIA TODAY