What is a Civil Bill?

How do you take the comment of Ms Kiran Bedi: 'Government's Lokpal bill is useless,'?

• The illustrious IPS (Retd) officer had made the comment in the context of Hazare's fast for freeing the nation from corruption. The activists strongly rejected the Lokpal bill drafted by government. 'Government says its committee will draft the bill. Who are there in the committee... (Agriculture Minister) Sharad Pawar who has been involved in land scams in Maharashtra, or (Communications Minister) Kapil Sibal who does not see any corruption in the 2G scam,' Kejriwal said. Activist Arvind Kejriwal, who with former Supreme Court judge Santosh Hegde and Supreme Court lawyer Prashant Bhushan has drafted the Jan Lokpal Bill, the civil society's alternate to the government drafted bill. Kejriwal said that even the NAC members agreed that the Jan Lokpal Bill was good. 'They agreed that the government's version of Lokpal Bill is toothless and agreed with almost all clauses of the Jan Lokpal bill,' he said. Anna Hazare said that PM had refused to form a joint committee with civil society members in it for the formulation of the Lokpal Bill and hence decided a fast unto death demanding involvement of civil society in formulation of the anti-graft Lokpal (ombudsman) Bill. http://in.news.yahoo.com/anna-hazare-plans-fast-unto-death-strong-lokpal-20110404-071415-968.html Now what is your take on the views of illustrious ex public servants, Activists and ex Judicial luminaries on the need for a fool proof Anti Graft Bill?

• Answer:

  I agree with her,Ms Kiran Bedi as well as isupport Anna Hazare's Movement. But matter of question is the drafting and conditions, current Lokpal bill is not worth it at all. lokpal bill should be independent (in manner) from legislative branches, where they direct report to (vice)president or Supreme Court. Like election commission n Supreme Court itself, no need to make another CBI! Why activists/Anna Hazare/Ms Kiran Bedi oppose latest 2010 Lokpal bill…? 1. Lokpal has been proposed to be an advisory body. Lokpal, after enquiry in any case, will forward its report to the competent authority. The competent authority will have final powers to decide whether to take action on Lokpal's report or not. In the case of cabinet ministers, the competent authority is Prime Minister. In the case of PM and MPs the competent authority is Lok Sabha or Rajya Sabha, as the case may be. In the coalition era when the government of the day depends upon the support of its political partners, it will be impossible for the PM to act against any of his cabinet ministers on the basis of Lokpal's report. For instance, if there were such a Lokpal today and if Lokpal made a recommendation to the PM to prosecute A. Raja, obviously the PM will not have the political courage to initiate prosecution against A. Raja. Likewise, if Lokpal made a report against the PM or any MP of the ruling party, will the house ever pass a resolution to prosecute the PM or the ruling party MP? Obviously, they will never do that. 2. The bill is legally unsound. Lokpal has not been given police powers. Therefore Lokpal cannot register an FIR. Therefore all the enquiries conducted by Lokpal will tantamount to "preliminary enquiries". Even if the report of Lokpal is accepted, who will file the chargesheet in the court? Who will initiate prosecution? Who will appoint the prosecution lawyer? The entire bill is silent on that. 3. Lokpal will have jurisdiction only on MPs, ministers and PM. It will not have jurisdiction over officers. The officers and politicians do not indulge in corruption separately. In any case of corruption, there is always an involvement of both of them. So according to government's proposal, every case would need to be investigated by both CVC and Lokpal. So now, in each case, CVC will look into the role of bureaucrats while Lokpal will look into the role of politicians. Obviously the case records will be with one agency and the way government functions it will not share its records with the other agency. It is also possible that in the same case the two agencies arrive at completely opposite conclusions. Therefore it appears to be a sure way of killing any case. 6. Lokpal will not have powers to investigate any case against PM, which deals with foreign affairs, security and defence. This means that corruption in defence deals will be out of any scrutiny whatsoever. It will become impossible to investigate into any Bofors in future. not allow bigger space by yahoo,so read below links: