What Ails India? L N Misra Case Decision And Raju, Yadav Are Just Symptom
By Dr. Vivek Kumar Srivastava
10 December, 2014
Countercurrents.org
How can the law be defeated and how does a nexus among different stakeholders and protector of the law take place who also flouts the democratic rules are quite easily observed in the contemporary Indian system. Three cases in one day frame have brought the real condition of the legal system of the country.
L N Misra blast decision was delivered after a long gap of 39 years, a mockery of justice. Its simple conclusion is that you commit a crime and live life happily as its decision may be delivered after the accused death. The accused who died if was innocent remained always an accused. His family history is thus distorted. If found culprit will serve the imprisonment for lesser quantity because in the meantime accused might be on the bail. If was absolved then lived for these many years with a stigma of accusation and a life of fear and saving the face. Whose family man had lost the life also lived the life full of the sadness as the justice was not made available to them for so long years. No quantum of justice can compensate the ill effects of the crime, then delayed justice has no merit at all.
Thus only solution is to finish the case hearing maximum in three hearings and decision is delivered within a definite time span, which may be fixed for the same as six months. For the backlog cases too a similar system can be contemplated.
B. Ramalinga Raju, the accused of the Satyam Company, Hyderabad broke the trust of millions. He brought not the glory but lowered the image of the country, lowered the prestige of the IT sector at the global level. His quantum of justice in one case is only six months imprisonment and certain meager monetary fine(considering his financial status), though another judgment is to be announced on 23rd December by the special CBI court. Court must look not only the fraud aspect but also about his contribution in making the people dejected after the loss of their trust on him and his institution. The corporate corruption is a white collar corruption. Many corporate people have large scale connection with the power holders and misuse the system. Thus a kind of politics- corporate house nexus is established but the victim is common people who is given daily, lessons of social and political morality by these nexus players.
Hence a strong step is must to save the social system from collapse. Many socio-political problems are result of such developments including the problem of dissatisfaction among the tribals, poverty stricken people who raise their demands not always by the political means but by the violent means which is incorrect in a democratic setup but who is there to make such people to understand the real truth, so it is essential that such nexus be broken and the hardest punishment be delivered to such promise breakers.
Solution is that laws are needed to be passed to bring corrupt people within the punishment zone in the quickest time. Their property must be confiscated. Their property must be made for the public use. This is the only way to restrict such corrupt people’s proliferation in the society. They are the cause of social unrest though this aspect remains always unexplored in the literature of the corruption.
Yadav Singh is a classical example of nexus between the bureaucrats and the politicians. The close contacts of Yadav Singh with the political world are now emerging. He misused his position, a gross violation of public service morality. The moot question, is he alone corrupt in the system? Why was he not caught earlier? Is there a political protection? These and many such questions need answers. The case of Yadav Singh shows that there is something special which is being cooked at the top level and common people only toil hard in the fields and streets.
Solution lies in bringing all such fellows within the bars earliest. The property must be confiscated and the hardest punishment within limited time period should be given. India has many laws to prevent the corruption but these seem to be full of the loopholes. Therefore not only these laws be repealed but also the bureaucratic- political nexus need to be broken. For this a commission on the pattern of Vohra committee , which had submitted its report in 1993 after the Bombay blast to discover the nexus between mafias and political- bureaucratic, should be established to find out the nexus between the bureaucracy and the politicians.
PM Modi has initiated some good steps but he will have to look it at the micro level. At the developing authority level, at the counter of the university, at the railway journey level and at every that level where government officials come in contact with the people and chances of corruption emerge.
This is a herculean task but to ignore is to invite the multiple social problems in the years to come. India has done a little better on the issue of corruption containment if compared with China but it has to do more. Finland, New Zealand have established a genuine and flaw less public morality about corruption. India boasts of so many great things in the world but at the ground level these all are only empty drums.
India therefore needs to make new procedure so that the justice is not delayed. It also needs to repeal its laws related to the corruption so that country can be saved from Rajus and Yadav Singhs who are not one but many in numbers. Their tribe is big so big efforts will be required.
Dr. Vivek Kumar Srivastava has twenty years University level teaching experience, presently Assistant Professor in CSJM Kanpur University[affiliated college],Vice Chairman CSSP, email: [email protected]
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