Thursday, June 2, 2011

Janpal Lok Pal - A bill of and for democracy

*Swamiji clarified today that he never agreed or disagreed regarding including/excluding the PM and Chief Justice into Lokpal bill rather expressed the opinion that it is a deeper issue and it should be discussed among the political parties, intellectuals and public before it can be finalized.*
Swami Ji says that debate should be done on these topics.

Nksagar-Sagar Media Inc: Baba Ramdev must understand Lokpal mean Public authority meant to be the monitoring and intervening authority who keeps an eye if all is not well in democracy and in case of any authority not doing their duties or deflecting from their democratically established paths has to undergo through the advise of the Lokpal authority to put all authorities under check at all circumstances.

Lok Pal bill strengthens democracy, monitors authority by civil society to which one must understand: Monitoring authority does not become supreme as appears in some news items when authority deflect from their paths It is intervening authority at time of crisis and is not above the Constitution of India.Most of experts in the country feel that the purpose of the
bill to act as Monitoring authority cease to exist when we cling to parliamentary majority which may not be able to give justice for matters involving electoral and their performance reports are concerned:

Right to recall the public servants is also the need of the hours.
When the development funds are not reaching the end level the administrative and judiciary authorities needs to have stringent law for their recall or termination.

Lokpal bill must ensure that all Public post and authorities needs to have Monitoring committee and all democratic institutions must have an autonomy and their monitoring authorities must be from the civil society which ensures the democratic set up and governs or runs the institution and its chief with due diligence without any ulterior or biased motive needs to ensure that the system works for the welfare of masses and all classes .Those not following the due diligence and found to be indulging in corrupt practices needs their ouster.Corrupt officers need not to be jailed or given harsh punishment because an early check will ask them to quit their jobs as it is practiced all over the world when found in any illegal or corrupt practices they are asked to quit from Public life.

For those officers DM,SDM,LT Guv,Guv and Commissioners etc who are found to be not fulfilling their duties or are found to be deflected from their paths of governance and fulfilling their personal greed: Indian democracy where Public is Supreme as after the term of parliamentarian expires go to the public to seek their appointment is the final resort so when any matter take the shape of National importance then it must have the Public Referendum which is solely missing from our constitutional jurisprudence and we need to re-look on this stand as all levels of chief administrative post needs to be have civil society Monitoring Committee to act as intervening authority as watchdogs: Salient features provided for the Lok Pal bill is not adequate as the important terms such as definition of Corruption, transparency. accountability. dereliction from duties and other terms needs to be defined from the civil society point of view for the well being welfare scheme for the poor rural and downtrodden to reach its end level.Provision of Public Referendum,Public trial and Public committees needs to be defined in the interest of civil society to act as watch dogs from Local- city and district to national levels.Janpal Lok Pal Bill is of the people,for the people, by the people, in order to gain fruits of democracy:Posted by Nksagar

Judgment pronounced by the Constitutional Bench of Supreme Court in the matter of K. Veeraswami Vs. UOI AND OTHERS, through Judgment dated25/07/1991, taken a detailed view (Citation:- 1991( 3 )SCR 189, 1991( 3 )SCC 655, 1991( 2 )SCALE150 , 1991( 3 )JT 198), and made CJI and other Judges of Supreme Court and High Courts accountable before law, after defined them as Public Servant, after examining the following important issues.Justice J. S. Verma is known for his desent judgment in the aforesaid judgment, therefore if he is opposing to include CJI under the ambit of Lokpal, it is obvious in view of his aforesaid desent Judgment:-

Prevention of Corruption Act, 1947: Ss. 2, 5(1)(e), 5(2), 6(1)(c)- Public servant --Possession of pecuniary resources or property disproportionate to known sources of income----Prosecution after superannuation-Previous sanction -- Whether necessary.

Judge of High Court/Supreme Court--Whether 'public servant', liable to prosecution under the Act--Sanctioning authority--Who is.

Sanctioning authority--Whether vertically superior in the hierarchy in which office of the public servant exists.

Cl.(c) of s. 6(1)--Whether independent of and separate from clauses (a) and (b)--Rule of ejusdem generis--Applicability of.

Independence of Judiciary--Whether affected by application of the Prevention of Corruption Act to Judges of High Court/Supreme Court--Issuance of guidelines by Court.

Indian Penal Code, 1860: Ss. 19, 21--"Judge"--Whether includes a High Court/Supreme Court Judge--Whether 'public servant' under s. 2 of Prevention of Corruption Act.

Constitution of India, 1950: Articles 74, 79, 121, 211, 124, 217, 2 18--Provision for initiation of proceeding for removal of a Judge-Whether a ground for withholding criminal prosecution of a Judge for offence under s. 5(1)(e) of the Prevention of Corruption Act, 1947.

Independence of Judiciary----Effect of application of Prevention of Corruption Act,]947 to Judges of superior Courts.

Code of Criminal Procedure, 1973: Ss. 154, 173(2), 173(5)-Offence committed by public servant under s. 5(1)(e) of the Prevention of Corruption Act, 1947--Complaint regarding--Investigation Requirements--Police report/Charge sheet--Contents of 190

Evidence Act, 1872: S. 106--Offence committed under s. 5(1)(e) of Prevention of Corruption Act, 1947--Possession of property disproportionate to known sources--Whether fact within special knowledge of the public servant--Burden of proof----On whom.
Words and Phrases.' "satisfactorily account"--Meaning of.
Statutory Interpretation: Rule of ejusdem generis--Explained.

The persons themselves holding the Offices of the President, Prime Minister and CJI themselves are responsible to protect the dignity of such offices,therefore, this is my humble appeal you should not oppose the inclusion of PM and CJI under ambit of Lokpal.

No comments:

Competitiveness, climate, security Finn’s priorities Ministry of Finance release Finnish road map of EU presidency. Finland is set ...