The present criminal justice system and the anti-corruption legislations have lost their sheen over the years. What we require is speedy trials that will bring culprits to book. Both the criminal justice system and the anti-corruption laws have no set time-frame for trials and convictions. In corruption cases, there is no provision to confiscate the ill-gotten money/assets from those who are convicted.   

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Both the prime minister’s office and judicial officers should be brought under the purview of the proposed Jan Lokpal Bill as it will bring in the much-needed accountability. In case of the judiciary, there should be set rules of impeachment of judges without showing any mercy. There should not be any political interference like it happened during the impeachment of Justice Ramaswamy in the early 1990s.

The present criminal justice system is slow and often gets delayed in granting punishment to the accused persons. The process should be speeded up and the victims should be compensated properly so that there are no repeat offences committed by those against whom the courts have pronounced conviction. Similarly, the corruption cases that may largely affect the economy of the country should also be taken seriously and severe punishment should be slapped on the perpetrators.

The quantum of punishment in the case of corruption cases should be more severe and stringent. Apart from seizure of ill-gotten money and assets of those convicted, there is a need for a mechanism to ex-communicate the perpetrators from society so that a sense of shame prevails among them for having resorted to corrupt activities. This will also help discourage others from resorting to similar malpractices in future. It will act as a deterrent for others who are indulging in such acts.

Civil society itself should maintain some distance from those who are charged under the anti-corruption laws. The accountability among judicial officers will strengthen the judicial process. Judges will become more responsible and thereby bring in more faith in the judiciary from the civil society. I feel judges should also be brought under the proposed Jan Lokpal Bill.

A reduction in the time taken for investigation and a set time-frame for trial of the cases of corruption will also be an important issue when the Lokpal Bill is framed. The cases against corrupt officials, public servants and elected representatives cannot go on and on for years, to make people feel helpless to deal with such cases. A set time-frame is always needed as in its absence, the case itself will get lost along the way. If cases go on and on for ever, it gives a chance for the accused to dilute the case by influencing the witnesses or by destroying evidence.

An unwieldy legislation and a proper agency to investigate the cases is a must for such a legislation to work to tackle the burning issue of corruption. There should be a special investigation team like Lok Ayukta in the states. A special team of officers under the watchful eyes of the Lokpal will also help get the expected results in corruption cases.

I have found that the lok ayukta of Karnataka is handicapped when it comes to getting government sanctions. This will again work against the purpose of the Lokpal Bill. The Lokpal himself should get the powers of taking disciplinary action against erring public servants. The body should not be told to go back to the government to get the sanction to prosecute them whenever a case is detected against corrupt officials and elected representatives.

On the issue of the PMO to be brought under the Lokpal Bill, it is the need of the hour. In recent times, we have heard about a Japanese prime minister being removed following corruption charges. We have some prime ministers who were above board, but we cannot say what is in store for us in future. There were also allegations against some prime ministers. But until they undergo a litmus test, nobody can be called an angel.

As told to MK Madhusoodan

— PG Halarnkar is a former DG, CRPF; former Bangalore police commissioner