Among many ills afflicting our administrative system, corruption and corrupt practices reign supreme . So far, there has been a yawning gap between the tall claims and associated rhetoric against corruption and implementation of a vision and action plan to root it out . We have also seen that in most of the cases, even after recommendation of filing FIRs against the identified officials by the Anti Corruption Bureau , no permissions were given nor even any departmental enquiries initiated . The other part of the story is that against there being stringent uniform laws to fight this menace throughout the country, erstwhile State of Jammu and Kashmir had its own law, even though not that much diluted but very much rarely invoked and seeing that scenario, it was inferred as perhaps corruption was impliedly legitimised.
It appears that with Jammu and Kashmir becoming a Union Territory and following abrogation of special status under Article 370 of the Constitution of India , scenario in respect of soft paddling in corruption cases would become difficult and “shielding and protecting ” the accused type of policy would get vastly frustrated , if not totally stopped. A significant development concerning the issue is the issuance of cogent guidelines to the Central Bureau of Investigation (CBI) and the Anti Corruption Bureau (ACB) by the Central Government wherein timeline has been fixed for decisions in the cases . That precisely is what was needed as various exit points and loopholes in the system were giving enough breathers to the accused even till attaining superannuation in majority of the cases.
One thing specific about these guidelines is the provision in the relevant laws to treat the giver or the donor of bribe too to be accused. Well, implementation of this provision should not be unqualified as that would in most of the cases, defeat the very purpose and the bribe giver would never agree in having indulged in the act for obvious reasons. A bribe is often given to get ‘exemption’ from completing various formalities, possessing not all required documents and in most of the cases, in getting those works done which otherwise would not fall under the category of being genuine and eligible ones. However, a relief in the form of allowing the bribe giver an opportunity to come out oneself with compelling circumstances but within a week, is provided to justify reasons in having greased the palms of a corrupt officer. Since the bribe giver could get a jail term of up to seven years under the Prevention of Corruption Act and there was no provision for it under the domestic legislation, it would make a great difference on the canvas. However, who are forced to pay but inform the police to lay traps for the corrupt official too, would not be treated as bribe givers. It is a matter of great relief that the new guidelines have been decided to be implemented with immediate effect. Now, it remains to be seen as to how many and how much fast, the pending cases of corruption are disposed and convictions ensured.
Unless the mindset against corruption is determined and decisive, stringent laws cannot be implemented and this great menace in the system cannot be eradicated. It is equally commendable that now, commercial organisations too would be brought under the ambit of the new guidelines. In deference to Modi Government’s zero policy towards corruption, time bound decision on the cases within two years action against the identified delinquent officers, would be decided expeditiously should they be found guilty. Equally, those who think or believe to be innocent but having been not let off officially in graft cases, would feel free of persistent agony again within two years and without any indefinite wait .
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