PM should come under Lokpal's scanner: Supreme Court judge

New Delhi, Aug 5 (PTI) A sitting Indian Supreme Court
judge Friday supported the inclusion of the Prime Minister's
Office within the ambit of Lokpal Bill tabled in Indian
Parliament Thursday.
"As a student of law, I see no substance in the debate
that the Prime Minister should be outside the (Lokpal) Bill. A
public office of such importance cannot shy away from public
scrutiny," Justice A K Ganguly said.
The judge was addressing a gathering here on the occasion
of the release of a book 'Corruption and Human Rights in
India', authored by Professor C Raj Kumar, the Vice Chancellor
of O P Jindal Global University.
Pointing out that Prime Minister Manmohan Singh had
himself expressed his willingness to bring the PMO under the
Lokpal's scanner, Justice Ganguly said "more efforts to keep
the PM out will add to the suspicion among people."
In his address, Justice Ganguly also criticised the
Prevention of Corruption Act, which stipulates sanction by
competent authorities before prosecuting any government
servant, bureaucrat or politician on charges of corruption.
"The Prevention of Corruption Act, to my mind, is
preservation of corruption act. It has a mechanism to protect
the corrupt. Without the sanction, the corrupt cannot be
prosecuted. Who is to give you the sanction? They (corrupt)
do not act individually and they work in a organised way," he
said.
Justice Ganguly is also the part of a two-judge bench
which had heard a petition by Janata Party chief Subramanian
Swamy seeking guidelines for the grant of sanctions to
prosecute those occupying public offices on the charge of
corruption and has reserved its order on the plea.
In our society, unfortunately, a corrupt man is
successful and an honest one is frustrated," Justice Ganguly
said, adding "the corrupt ones are most of the times leaders."
Briefly touching the issue of corruption in judiciary,
he rued that two of the high court judges of the country were
facing impeachment proceeding on corruption charges.
"Both Justice P D Dinakaran and Justice Soumitra Sen,
fortunately or unfortunately, were my colleagues at one time
but unfortunately I cannot defend them," he said.
Indian Vice President Hamid Ansari, who also graced the
occasion, however, emphasised on the need for a balanced
approach in dealing with the issue of corruption saying that
rushing to solutions will do more harm than good.
"Shortcomings, wherever, should be identified and filled
but impatience and frustration with the current situation of
things should not lead us to form an extra-judicial or a
quasi-judicial legal process. Eroding the balance by under
reach of one or overreach of other will do more harm," he
said.
Congress MP Naveen Jindal said each citizen must do his
own duty rightfully to eradicate corruption.
"It (corruption) is not something only at the high
echelons of the government but is present throughout. Lokpal
may be of help by one percent or two only. It has to come from
inside us," he said.