Will the Indian Government take action?

At a seminar organized jointly by the Central Bureau of Investigation (CBI) and the National Institute of Criminology and Forensic Sciences on ‘‘fighting crimes related to corruption’’ in New Delhi last week, Chief Justice of India (CJI) KG Balakrishnan favoured ‘‘inclusion of a statutory remedy that will enable confiscation of properties belonging to persons who are convicted of offences under the Prevention of Corruption Act.

The CJI attributed the ineffectiveness of the fight against corruption to procedural delays like those in granting sanctions to prosecute corrupt officials. ‘‘It is necessary (that) there should be a speedy manner of granting sanction. The prosecution becomes ineffective if the sanction is granted after six-seven years,’’ he said.

Justice Balakrishnan rightly said that various authorities, empowered under the Prevention of Corruption Act to grant sanction to various investigative agencies to prosecute corrupt officials, often denied the required sanction, thereby rendering all investigation meaningless.

What the CJI seems to have in mind is the lack of deterrence against inclinations to indulge in corruption.

Since there are not many precedents of fast and hassle-free investigations into cases of corruption by government officials as also of exemplary punishment to the accused, there is a psychological factor that works to the advantage of the corrupt official — the fear quotient is lacking and he knows there are lapses and loopholes in the system that can be exploited to further the business of corruption.

Therefore, when Justice Balakrishnan talks of a ‘‘prominent suggestion’’ for a law to ‘‘confiscate’’ the properties of persons convicted of offences under the Prevention of Corruption Act and points to the other aberrations in the system that are contributing to the culture of corruption, he is underlining the need to check the cancerous growth of corruption by way of a thorough course correction in the existing mechanism.

As the CJI has observed, even in cases ‘‘where the investigating agencies have gathered substantial material to proceed against a person, it is felt that the necessary sanction is not given on account of extraneous considerations’’. It is these ‘‘extraneous considerations’’ — mostly political — that defeat the very purpose of an investigating agency and its inquiry.

Justice Balakrishnan has driven home another valid point: that of the need for separation of the task of prosecution and investigation within the CBI and other investigative agencies. He has also argued for ‘‘a specialized team of lawyers’’ to ‘‘ensure that they thoroughly scrutinize the investigators’ efforts in evidence-gathering, thereby improving the presentation of cases’’.

In other words, despite the fact that investigation officers and prosecution lawyers have to work in tandem and that there cannot be any clash between the two groups, the CBI needs a ‘‘regular team of lawyers which will progressively develop expertise in prosecuting corruption-related cases’’, aided in the proposed regime by a separate prosecuting agency.

But the moot question is: How free from political influences — and diktats — will investigating agencies like the CBI remain, however changed the system be? And how often will they resist political whims and fancies, and act independently?

If the Chief Justice of the Supreme Court expresses his helplessness and disgust, you can imgine how deep the cancer has set in.
The only solution as with any cancerous tissue is surgical remeoval as the politicians have taken it upon themselves that there will be no self healing.

Five months ago, the Indian ambassador to the US, Ms. Meera Shankar, wrote to the Prime Minister's Office highlighting instances of millions of dollars being paid as bribes to Indian government babus by American companies. Bribes were paid to officers from Customs, Excise, Sales Tax, the Indian Navy, Maharashtra State Electricity Board, Indian Railways, Indian Central Insecticides Board among others.

This had come to light after a US government report suggested that several people had admitted to paying the bribes. Sadly, however, no action has been taken by the Indian government so far. Corruption is one of the main reasons why we score poorly on several social economic indicators. Not only does it eat away public spending as it travels from government coffers to their targets, it suffocates private enterprise. Yet, the powers-that-be have a lackadaisical attitude in tackling this menace.

Till recently Swiss Banks Association (SBA) maintained its stand that India was not welcome on a name fishing expedition. However, recently the bank softened its stand and after negotiations with India has agreed to amend its laws which will allow Switzerland to exchange information on all tax matters, including cases of tax evasion. This will help India get information on accounts maintained by corrupt politicians, government bureaucrats and industrialists in Swiss banks and help bring to book their unaccounted and untaxed wealth.

But will the government take action?
I doubt it.