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Who Is Afraid Of the Anti-Corruption Bureau? || by Bhushan Parimoo || LIVE IMAGE |
None
other than a small fish in the administrative waters. Who gets tempted to swim
like a biggie fish and snared? Novice enough not to realise that
these mogul fish swim along, are either big enough for the net or have
developed the tricks to come out of it. Not a vague presumption as per
figures available in its 89 years of establishment. Not on any account
a mean period, yet there is hardly anything to write home about.
That has
been supported by no one other than the present Dr. Arun Kumar Mehta IAS,
the Chief Secretary, of the Union Territory the other day as carried by a
local English paper, Works allotted without tenders, Administrative approval
earlier, JKPCC never tendered projects, A project started for
Rs 10 crores ended upto 100 crores No one was there to ask,adding
If that’s not Corruption what it is ?
Despite concer, check and alance, brought
in corruption goes on without any respite to a commoner. Barring pre 1948 where
inquest was fast, to the point and the dismissal within days of the Mugal fish
and their associates. This writer found interesting news that the Anti-Corruption Bureau filed
a charge sheet against a forest guard in a disproportionate assets case. Who
has amassed wealth disproportionate to his known sources of income from
“corrupt and illegal practices”.
Acquired residential houses and flat outside
the Union Territory of Jammu and Kashmir worth over crore of rupees, besides
five luxury vehicles, two commercial vehicles, two earth-movers and two
tractors in the names of his family members and close relatives. The case was
registered in 2015 and took half a dozen years to complete.
Reveals the
quantum of corruption reeling under the nose of
the Anti Corruption Bureau. A forest guard amassed such a huge
asset, gives the reason to ask, is it a rarest of rare case, or one among many.
Question arises what the Bureau was doing all the years while he was
indulging in amassing the money, not a single day affair or needle in
the stock of hey. The charge sheet materialised only after the change of
guards in the Government.
Under the doctrine pick and choose as masters want.
Another query one is bound to ask .what has been the modus operandi he indulged
in to amass such a wealth. Hawala Money, Narcotic indulgence or was
just a conduit taking his pound of flesh in these deals. Source of money and
the purpose to provide has not been worked out as both taker and giver are
culprits under law. A forest guard, without any tantric magic cannot amass
wealth to such a proportion, without connivance of the Baggie, who are left
scot free.
A primary class student shared a poster photo with a
query, tauntingly perhaps, hanging on the entrance of a Directorate “In the
National Interests refrain from Corruption, Zero Tolerance
to Corruption”. Asked if it is possible,
sheepishly responded that this pertains to the Anti-Corruption Bureau the
competent authority to answer.
It
was the Late Maharaja Hari Singh the ruler of the State, who desired among
others landmark initiatives for the welfare of subjects to provide an untainted
deliverance system of the government. Made provision in the Rambhir Penal code
in 1932 to nip in the bed, offences of corruption and
bribery by the Government Employees Such cases were
registered and investigated by Local Police reason must have been
the number of such cases a few and far in-between.
Administration under
Naya Kashmir the rule of the masses started, developing the taste of ill gotten
fruits. Sapling of corruption started sprouting once again
instead curbing strictly there and then as per law.
Corruption once
used to be taboo and naturally the new entrants in the services from
valley called it Haram for Jammuites it was a taboo. However, the
newly acquired taste was too tempting to refuse. To silence the critics, as
politicians seek refuge enactment J&K Prevention
of Corruption Act (1949 AD).Established “Anti-Corruption Wing”
in the Crime Branch for conducting the investigation of such cases.
However, as
expected, the prevailing intention has remained a constant factor. It was
rechristened in 1962 as “Anti-Corruption Organization”. Wading
through the memory lane various Acts thereafter were enacted to deal
effectively with the menace of corruption. Most important among those
enactments were, Prevention of Corruption Laws (amendment) Act, 1983
A.D. by virtue of which the “Anti-Corruption Organization” was renamed as
“State Vigilance Organization”, and J&K Public Men and Public Servants
Declaration of Assets.
By virtue of this Act, the elected representatives of
various public bodies, MLAs and Ministers were brought under the purview
of Corruption Laws and filing of Annual Property Returns was made
mandatory for all public servants and public men. Failure to do so was made an
offence under P.C. Act, 2006 .
Keeping in view its track record, which
necessitated making the amendments more often in the law? Makes one think where
lays the fault that aggregates the quantum of the corruption going
from bad to worse with every passing day. Fault has not been found in any of
these laws enacted and re-enacted but with those who are asked to implement.
What should have been nipped in the bud has grown over the years slowly
but steadily under patronage.
Into a large Banyan tree
of Corruption as Kalpavriksha, which means ‘wish fulfilling tree under
which corrupt find refuge. Late Sh.Bansilal Kohistani, then M.L.A from
Reasi Constituency in the Assembly as a Parliamentary Secretary
proposed in 1970 . Legalize corruption by auctioning government
posts (Reshwat Jaayeez Kaar Dee Jaayee aur Audaah Leelaam Keeyaay
Jaanyee,).
Rationale behind it has been that it makes no sense
to allow salary and the graft to go together. Instead auction posts to the
highest bidder and let them make money according to the capability.
Thus the Government shall not be a loser. Its coffers will be overflowing. He
had a valid point as the rate of those convicted had been at
baseline. Corruption has skyrocketed since then.
It took everybody by
surprise then. Those were the days taking graft was an
exceptional event disdained and frowned upon. God fearing Humanity and
compassion was the order of the day .Service rendering was taken as Dharma
.He must have in his mind the theory that doesn’t criticize the sin but
legalize it.
An impeccable God fearing junior level official in the
vigilance wing in the General Administration Department once opined that
Vigilance department legalize corruption. Permission to prosecute is
rarely given and takes years .That provides adequate time to influence,
intimidate and harass the Whistleblower or make machinery run in favour.
Prolonged investigation becomes Milking cows for SVO.
Moreover
past track record shows lower rung of officials are booked beside it has become
a matter for locals’ rest one can find from the records to
correct. Corruption is not only taking money but favouritism, misuse
of authority, violating service conduct rules and financial irregularities for
personal benefits etc list is a long and may appear unending one.
It
was the late S.S.Kapoor IPS then vigilance Commissioner, once expressed that
the Vigilance Department should be an independent agency none transferable with other
police wings. Late Baikshi Gulam Mohamed the Prime Minister, became notorious
for corruption, but history proves him to be just a victim of adversaries
.In comparison none gazetted officers in the organisation as alleged
have far more assets.
Justice
K N Wanchoo as the head of the Direct Taxes Enquiry Committee in December 1971.
Submitted his findings in his report showed Concern County is infested by
pumping in ill gotten money. A parallel economy which harms growth of
the country from unaccounted, black, dirty and
underground wealth, black economy, parallel economy, Shadow
economy or unofficial one.
Twenty two years later again
a mock drill was conducted to silence public outcry for rising corruption.
Sh N.N. Vohra, then secretary Home Affairs was asked to study the problem of
the criminalization of politics and of the nexus among criminals, politicians
and bureaucrats. He submitted the report in October 1993 observed that the
nexus does exist between the criminal gangs, police, bureaucracy and
politicians’.
The money power is used to develop a network of muscle-power
which is also used by the politicians during elections. Strangely the same
N.N Vohra the Governor at the helm of affairs for more than a
decade here proved a catalytic agent for corruption by non
performance.
That means it is the master that calls the shot.The scenario gets
murkier and murkier day by day. It is one of the usual rhetoric from
a politician. Just for public consumption not meant to be implemented. Under
these undeniable facts it is better to wind up the Anti-Corruption Bureau,
a white elephant. Auction posts; Legalize Corruption.
Bushan Parimoo
(The writer is a Jammu based environmentalist and a regular contributor to this Website.)
(Feedback at: blparimoo@gmail.com)