We the people of India, probably the most powerful citizens of the world. Then too, we are the sufferer of the corruption and the reason is abuse of power by ourselves. Now when the Lokpal has been drafted, confliction has been arisen in between government and civil societies. Lokpal as an anti corruption law must be intended to create transparency in the public affairs and not to ruin the democratic status of government by establishing a separate government directly or indirectly. I am not able to understand that why we are bound by the collective opinion. We need lokpal to eradicate the corruption not to eradicate the democratic structure or the basic structure of the constitution.Punishment under the lokpal law must be gieven according to the gravity of the offence not according to the post hold by public servant. Lokpal must not have any power to play with the independence of the judiciary. Judges cannot be subject to lokpal, they can only be removed by the impeachment proceeding which is given under the constitution. Secondly lokpal cannot be the highest adjudicatory body in the country in any subject matter. The decision of the Lokpal must be subject to the appeal in Supreme Court. Under the constitution of India, when Supreme Court is created as a highest adjudicatory body then how lokpal can be a final adjudicatory body in India? Again we are going to vest the absolute power in the Lokpal which can be responsible for corruption. People must have right to appeal. By enacting lokpal, we can’t overlook general principle of law. Reasonable opportunity must be given to the person to prove himself as innocent by way of right to be heard and right to appeal. Supreme Court is a guardian of the constitution and in that situation, we can’t overlook the supreme Court. Here I am afraid, if lokpal will be corrupt. In my opinion, lokpal must come under the purview of lokpal and there must be the provision of appeal against the decision of lokpal. Otherwise lokpal can be responsible to raise the corruption in the country because power corrupts and absolute power corrupts absolutely. So now everything is in your hands. We don’t want one more act. We just want strong and impartial mechanism to eradicate the corruption by not overlooking the general principle of law and the basic structure of the constitution. Right now we are going in the direction to give lokpal the way to be corrupt. Really well said by someone that how we frame collective opinion show what type of people we are.
Tuesday, 24 May 2011
It was not only expected by Kanimajohi but by the people of India. The bail plea of Kanimajohi has been rejected by the Delhi Court. As I have told many times, in these types of matters, the order of the judge decides the degree of faith of the people over judiciary. Kanimajohi yielded the example which gives lesson how a ruling party takes unfair advantage to get profit on their investment which they have done on the last election and came in power and afterwards judiciary established not only faith over the heart of the citizens of India but deliver the justice. Today it was the order of the Court but another order has been delivered by the people when they made their mind not to give them power in the State election. I have no hesitation in saying that justice is something which people wants and the same has been inflicted in the order of the Delhi Court. Desire of the people has been inflicted in the order of the Delhi court. It is satisfactory that when the whole of the India is fighting against corruption, the bail plea of the person who was involved in the corruption was rejected. The order strengthened the faith over judiciary and in my views Court ruled impliedly that everyone is equal in the eye of law irrespective of fact whether you are the part of government or not. But now I am very much curious to see the step of the karunanidhi. if he will withdraw from U.P.A., they have to fight for their poliical capital. In that situation they will not have any political capital.However, Kani hugged her husband and entered in the lockup......Don't worry Kani....inside Tihar, you won't get bored, right now Tihar is evidence of having many V.I.P.s inside...so all the best....!!!!
Attack on the Osama’s hide out showed the real picture of the justice delivery system of the America. Here I am neither supporting the acts of the Osama nor declaring him innocent. Osama was the name of terror. He was not a person he was a community. It is easy to kill a person but it is difficult to kill the community or the ideas which Osama left even after his death. In the practical aspect whatever happened, Osama deserved that but many times practical approach may differ from the legal approach. Even death of the Osama was not the end of the terror but at least it was a step against terror in a country where violation of sovereignty means end of terror. Just after the successful mission, President Obama said that we achieved justice. But no one asked, “Is this your way to achieve justice.” In my opinion, justice can only we achieved inside the four wall of the court”. But it was U.S.A. who achieved justice by violating the air space of Pakistan and sovereignty of Pakistan. At last Osama could have been convicted by appropriate proceedings. If only death of the Osama could only reflect in justice then he could have punished by appropriate proceedings. Whatever if people of U.S.A. really achieved justice then what about the justice which Indian people should achieve. Meaning of justice cannot be changed for the people of U.S.A. and the people of India. If U.S.A. can achieved justice by approaching a particular way then why U.S.A. can’t help India in achieving justice by approaching the same way. Dear America, even your hands are not clean. The hard earned money of Americans was using in terror activities. There is no doubt that America provides financial help for giving aid to the terrorist activities irrespective of fact that whether America was aware or not. No one can provide financial help blindly. Osama was filling his belly by American dollar and here it is notable that it is a case which has been exposed. There will be so many unexposed matters. Now at least it is clear that Osama was created by America and Killed by America.