Lokpal panel winds up in failure; Anna will fast from Aug 16

New Delhi, Jun 21 (PTI) Indian Government and civil
society exercise to work out an agreed draft of the Lokpal
Bill ended in failure tonight after which Anna Hazare
announced that he will go ahead with his fast from August 16
to "teach the government a lesson".
After nine meetings spread over two months, the joint
drafting committee of the two sides concluded its
deliberations on a note of disagreement with the government
asserting that it could not allow creation of a parallel
structure which would be "answerable to nobody".
The government draft ruled out scrutiny of Prime
Minister, higher judiciary and the conduct of MPs in
Parliament by the Lokpal.
However, the government draft proposes several
critical powers conferring quasi-judicial status to Lokpal
besides powers to attach assets, independent prosecution and
investigation machinery with full police powers under the
proposed ombudsman.

After acrimonious meetings, the last two meetings were
cordial and both sides "agreed to disagree".
Law Minister M Veerappa Moily said the mandate of the
committee was to prepare a Lokpal Bill and not to rewrite
Constitution.
While government claimed that discussions with civil
society have helped to bring out a "strong and robust" bill,
the Hazare camp expressed "deep disappointment" with the
government draft.
"The government has no intention to bring a strong
Lokpal Bill. It is misleading the people. Now, there is no
option but to go on fast from August 16 as announced earlier,"
Hazare told reporters after the meeting.
"People will teach them (government) a lesson," he
said adding his agitation will be against the government and
not Parliament as contended by Union Minister Salman Khurshid.
The Hazare camp said major differences persisted with
government rejecting all their major demands like inclusion of
Prime Minister, higher judiciary, MPs' acts inside Parliament
under the ambit of Lokpal and procedure for selection and
removal of the ombudsman.
The various proposals in the government draft include
powers to take suo motu cognizance of act of corruption,
powers to investigate cases against officials above Joint
Secretary rank, recommend transfer and suspension during the
course of probe and provision for time-bound trial by special
courts.
The government draft does away with provision for
securing sanction for prosecuting a public servant.
After days of confabulations, government and Hazare
team failed to reach a consensus on eight issues.
The government draft provides for Lokpal's
jurisdiction over Union ministers other than Prime Minister
and MPs. It specifically bars any enquiry into matters
relating to any allegation of corruption against MPs in
respect of anything said or vote given by them in Parliament.
The ministers explained that Lokpal jurisdiction over
MPs' conduct inside Parliament would be a violation of the
immunity provided to them in the Constitution.
"Prime Minister is still covered under the Prevention
of Corruption Act and he does not enjoy any immunity. The CBI
can still probe him. Only thing is that we are not giving this
power to the Lokpal," HRD Minister Kapil Sibal said.
Water Resources Minister Salman Khurshid said the
government side decided that they draw a line at a particular
point and excluded Prime Minister as he is the "lynchpin" of
Parliamentary system.
"What we have done is an honest effort to provide a
corruption free society...we departed from the standard
procedure of drafting a legislation" he said indicating to the
involvement of the civil society.
The ministers said that the bill proposed by the
government was the "strongest ever" to fight corruption.
Sibal said, "we cannot afford to have a parallel
system. There has to be checks and balances. We want the
Lokpal to be independent and strong but there should be some
checks and balances.
"Who will provide that?...Can we have a parallel
police outside executive? Can we have a parallel police state
outside government? This is the question before the people of
India...We cannot afford to have a parallel government," he
said.
The Hazare team said the model proposed by the
government was just a "symbolic attempt" to install an
authority in the name of Lokpal rather than a "comprehensive,
independent, empowered" institution to fight corruption.
Both the drafts will be circulated among political
parties in a meeting next month before being taken up by the
Cabinet, Sibal said.
Hazare aides Prashant Bhushan and Arvind Kejriwal said
the government draft made it clear that the ruling party will
have control over the Lokpal as five of the seven political
members of the selection committee will be from the party in
power.
"I must say I am deeply disappointed by the model of
Lokpal that the government has proposed," Bhushan said.
Criticising the government, Kejriwal said that the
earlier draft had at least proposed to bring the PM in the
purview of Lokpal but the present one does not have this
provision.
However, Bhushan said "some gains" have been made in
the long exercise.