Bhushan, member of a joint panel formed to draft an effective Lokpal Bill, said judicial system is 'collapsing under its own weight'.
Alleging "considerable corruption" in higher judiciary, lawyer Prashant Bhushan today said civil society was ready to keep it out of the purview of Lokpal only if an independent body is created to look into both criminal cases and charges of misconduct against judges.
Bhushan, member of a joint panel formed to draft an effective Lokpal Bill, dismissed as "wrong" reports about a consensus among civil society over keeping judges out of the ambit of the proposed ombudsman.
"Lokpal was only supposed to look into criminal investigation against judges. The issue of misconduct was anyway to be tackled by another separate independent body. We had only said if an independent and strong body is created, we will have no problem if criminal investigation is also brought under the purview of that body," he said.
Earlier, addressing an All-India anti-corruption Ssmmit by NGOs Transparency International and 5th Pillar, he alleged there is "considerable corruption" in higher judiciary as there is "no accountability".
Bhushan said judicial system is "collapsing under its own weight". Noting that the proposed Lokpal was to have judges and the Prime Minister under its purview, he also said it is essential that the ombudsman has prosecutorial powers.
"That's how this was envisaged and now we are looking into a lot of suggestions including how the machinery under this Lokpal can be made accountable to an external body."
Bhushan also sought to debunk suggestions that the method of Gandhian Anna Hazare's agitation for Lokpal Bill undermined democracy, saying "real democracy comes when people can take their decisions themselves.
"We will have to find ways to institutionalise participatory democracy. For instance, why the nuclear deal could not be put up for a referendum?"
He also alleged anti-corruption institutions have become "weak" as CBI has become "corrupt" and government-controlled and there are efforts to appoint CVCs who are "pliable".
The lawyer, however, said Lokpal can only tackle the "supply side" of corruption whereas the important issue is that "demand side of corruption" which is being created by policies adopted following economic liberalisation.
"Enormous profits can be made by corporates by corrupting officials and these corporations have become so powerful that they can subvert and corrupt Parliament, judiciary, police and even the media," he said and referred to the Radia tapes.
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