Thursday, 7 April 2011

Janlokpal Cannot Deter Majority Corruptions

(Revised edition 15th August 2011)

I fully support Anna Hazare Civil Society activists anti-corruption movement, uniting the public to fight against corruption under the banner of Janlokpal (Citizen Ombudsman) Bill. However I do not agree with their claims that it can bring the majority corruptions in India under control or deter it in any significant way mainly for the following reasons.

 

The Janlokpal Bill mainly aims to stringently punish those top brass  politicians and bureaucrats who are involved in prodigious scale of scam, fraud, graft, kick back, kind of colossal corruptions, which clearly shows its apparent, impropriety favoritism, nepotism,  etc evidences. However on the other hand it will not be able to deter the overwhelming majority politicians, bureaucrats IN THE CORRUPTION OPPORTUNE JOB, POST POSITION, ENTRUSTED WITH THE DISCRETIONARY POWER  to sanction contracts, projects, permits, licenses, jobs, positions (also to judge innocence, guilt punishment, fine, compensations) etc in return accepting perhaps a RELATIVELY SMALLER AMOUNTS OF PAYOFF that does not show any such obvious signs of  impropriety or favoritism and most importantly does not leave any such illicit money trail track record evidences necessary to prove it. These majority politician, bureaucrats also show no such conspicuous or outward signs or evidence of having amassed any such “considerable” amounts of disproportional wealth therefore will never become the target suspects of corruption investigation unless someone conducts a sting operation on them and they are so greedy and foolish enough to carelessly fall into such traps. By the way the Janlokpal will make these majority more cleverer and smarter in the future while engaging in corruption, they will become extra cautious and careful NOT to show or leave any such illicit money trail track record evidences to anyone to prove it in the court of law.


In today’s business corporate world, companies can gain or lose millions dollars of business profit income from a single discretionary judgment of the top government brasses or the judicial officers make decisions on their business. Whatever good quality product of services the company may sell or the business practices they adapt still it makes a good business sense that at least a small portion of the profit secretly shared as their “contributions” especially with the ruling Govt. ministers, legislators, top officials bureaucrats to keep them happy and entertained to express their gratitude for allowing them the projects (if not their rivals willing to pay many times more to snatch the project) or to run the business smoothly, without any troubles. There may not be any such kind of  impropriety, irregularities or favoritism involved but simply a reward for performing their duty promptly! Even a very honest person in the job can finally succumb to their own family welfare pressure and end up in taking the payoff bribe. A few lacks (hundred thousand) in cash or in kinds indirectly channeled to their into their private families accounts from some third party somewhere, that possibly does not leave any such MONEY TRAIL TRACK RECORD EVIDENCES to prove it. Therefore the majority of those top brasses in those corruption opportune jobs, posts having discretionary power positions never can be suspected, accused or charged with any such corruption so continue to stay and retire as honest person in their prestigious post.

It is only when some over-greedy people like Kalmady, Raja, Maran,Yeddyurappa etc., get emboldened by seeing all the political corruption around them become extremely callous and crazy daring to take hundreds of cores of kick-back, graft money that leaves its glaring impropriety and also perhaps the graft money track record evidence in the bank money transaction accounts, all of which draws the public media attention calling for its immediate corruption probe that may be followed by their imminent arrest and incarceration for the time being. However these people  still will mostly go scot-free or get away with some few years of lighter prison sentences because there are still no such direct money trail track record evidences to prove that any part of the money as a kikback went into their private accounts or into their close family partnership ownership account. It is in such cases a honest, powerful, independent anti-corruption investigating agencies like Janlokpal or the Lokayukth headed by extraordinarily honest and courageous people like Justice Santhosh Hegde of Karnataka,  can play a major role, given the powers to investigate  in such big corruption scandals it can uncover enough such money trail track record evidence linking to their private accounts of many of them, so to sent them to long years of rigorous imprisonment.

Unfortunately however in this system even the Janlokpal never will be able to recover the huge amount of the corruption money, which they have wisely hidden or given for safe keeping in some secret locations, not to mention the bribe money which they have taken in cash or in bullions which has not come before the court because there are absolutely not any such money trail record evidence to show it thus  never ever will be uncovered.  Recovering all the graft, kickback, bribe money which belongs to the public is most important goal of the anti-corruption mission than sending the guilty behind the bars. However the law agencies including the Jan Lokpal mostly fail to recover the most part of the graft, kickback, bribe money but only may succeed in sending perhaps many of those involved in mega corruption to  long years in prison.

By the way, I don’t  deny that there are some extraordinarily honest (super hero) minority politicians, bureaucrats, who will never except any such favor/gift/bribes of any kinds also strictly prohibit any of their family members  or subordinates from doing so (anyway, in this system it is impossible for them to know any others accepting the illegal “favors” without their knowledge) also fight against the corruption they see in the Government. However such people are extremely rare, rather an exception than the rule. In my opinion such extraordinary honest people simply not able to continue in the politics much longer, they get victimized, isolated and become helpless against the majority crony corruption hypocrisy, they mostly resign come out to fight, disgusted by the top to bottom corruption in the system .

If the Citizen Ombudsman Civil Society people really serious about deterring the majority in power indulging in any kind of corruption, most importantly they should BRING IN “TRANSPARENCY” IN EVERY INCOME AND PAYMENT THAT PEOPLE MAKE AND THE WEALH THEY OWN.   Install MANDATORY e-money transaction with Bio-ID# code in it that leaves the concrete money trail track record evidence of every money transaction. Its Technology already there, which can fully enable the anti-corruption agencies like Lopal first of all to easily know exactly the total amount of money, property ,wealth assets and its exact locations (including their relatives, friends, businesses  etc) of any people suspected of corruption,  “with a quick glance  into their Bio-ID# bank accounts available in the central banking computer (servers) without the need of raiding their homes or without any such coercive physical interventions (confiscation, interrogation, witness, confessions etc) to the extent the suspects never even know they are being investigated for corruption. This anti-corruption Technology or the IT will enable the Lokpal or the Lokayukth to  effortlessly find out if there are any clear cut illicit (bribe) money transactions in the peoples bank accounts or in their total wealth documents so they can absolutely prove the innocence or guilt of any corruption suspects  in the courts of law by the money trail track record evidence that the DIGITAL or e-money leaves behind in all their bank accounts and the Bio-ID# health records. On this basis first of all immediately exonerate the innocent and arrest only those people guilty of corruption on whom they have concrete illicit money trail track record evidences, which can definitely prove their crimes in the court of law thereby  send them  to long years of rigorous imprisonment and most importantly easily confiscate and recover all the ill-gotten corruption money assets and wealth  all of them (family, friends etc) have made. What is needed is the POLITICAL WILL to bring in the mandatory Bio-ID e-money transaction Tech solution to root out corruption and most other crimes from the world.

I have explained this subject matter in details  in my paper titled “IT To Root-out Corruption” first published in the year 2008, I had send it to the Indian Government ruling party and opposition legislators also to many other world leading Governments, International agencies and  leading international anti-corruption organizations NGO’s and I am sorry not much response from them so far.  One can find the revised version of my main paper “ IT  To Root-Out Corruption” its web link  http://bit.ly/jk3olU  . Another very important post in my other blog: “Anti-Corruption Fight”  its web link  http://bit.ly/jk3olU also see the rest of the post in the blog particularly   http://bit.ly/k8bIhR and http://bit.ly/mLJBXd


Finally, I commend Anna Hazare civil society team for bringing in the demand for a strong  lokpal  bill, it is a milestone in our countries long  fight against corruption. At least doing something  is better than doing nothing.


Valerian Texeira.


IT To Root-out Corruption

My Other Blog-sites:

Drunk Driving DUI Root Cause
Alcoholics Cure well

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