This Article is From Dec 20, 2011

Cabinet clears Lokpal draft to be tabled in Parliament on Dec 22; angry Anna starts fast on Dec 27

Ralegan Siddhi: The Union Cabinet met this evening and cleared the Lokpal Bill draft to be tabled in Parliament. Sources say the bill may be introduced in the Lok Sabha on Thursday and in Rajya Sabha on Friday, now that plans to extend the Winter Session of parliament have been vetoed by some parties.

The draft has already been rejected by anti-corruption crusader Anna Hazare, mainly because of the role in envisages for the CBI. The 74-year-old activist has said in protest against the government's betrayal, he will fast for three days, starting December 27.

"The government is blind and deaf... it cannot see or hear the concerns of the people," said Anna this evening, adding "let the government go its way... I'll go mine." He also shared his route: a fast for three days in Mumbai, followed by a "jail bharo" (court arrest) agitation. (Read: Highlights of Anna's presser)

The government's challenge lies not just in managing Team Anna's expectations, but in getting the Lokpal Bill passed in Parliament as soon as possible. A plan to extend this Parliament session by three days (Dec 27-29) has been vetoed by parties like Mayawati's BSP and the Shiv Sena. (Read: Govt's plan to extend Winter Session in trouble)

Anna's veto centres on the government's refusal to make the nine-member Lokpal the new boss of the CBI. The Lokpal is an ombudsman agency that will investigate charges of corruption among government servants. Anna and his activists wanted the administrative control of the CBI to be handed to the ombudsman. "If the government controls the CBI, how will investigations be independent?" asked Anna's aide, Prashant Bhushan. "The government is often party to the corruption." The Lokpal Bill suggests that the ombdusman can refer a case of corruption to the CBI. In these cases, it will be briefed by the investigating agency. But no section of the CBI will be made to report to the Lokpal. The ombudsman will have no investigative wing; instead, an inquiry wing of police officers will examine complaints made by citizens, and these can then be referred to the CBI. The Lokpal does not have the right to order an investigation against a government officer unless a citizen has complained against him or her.

Anna is also opposed to how the CBI's most senior officer will be chosen. Sources said the draft cleared by the Cabinet proposes that the Director of the CBI will be selected by a three-member panel consisting of the Prime Minister, the Leader of the Opposition and the Chief Justice of India. An earlier plan to include the Chairman of the Lokpal in the process has been abandoned. Mr Bhushan said that two politicians ("the Prime Minister and someone who hopes to someday be Prime Minister") and the Chief Justice cannot be counted upon to find a CBI chief who is not "weak or pliable."

The government's draft proposes that to remove a member of the Lokpal, at least 100 MPs will have to write to the President of India, who will then refer the case to the Chief Justice.

Through two major fasts this year, and another "token one" earlier this month, Anna, flanked by thousands of supporters has made the point that the government seems intent on creating an ineffective ombudsman. Through the last few weeks, some of the contentious issues that divided activists and the Opposition from the government have been resolved. Anna said the Prime Minister could not be exempt from the ombudsman's review. He also said that unless lakhs of junior bureaucrats are held accountable, the malignant grasp of corruption on everyday life will not be defeated.

After deliberations with other parties, the government has suggested a few safeguards that would protect the PM from frivolous complaints, and from the disclosure of details of national security. The draft proposes that complaints against Group C and D employees - the junior bureaucrats - can be filed with the Lokpal, and will be investigated by the existing Central Vigilance Commission or CVC, which will provide the Lokpal with regular updates on its inquiries.

Sources say an amendment will be made to the bill to ensure no existing cases will be covered. Also, prosecution in the corruption cases will be time-bound. Complaints can be filed in cases which are less than seven years old.

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