Political Diary

New Delhi, 13 July 2013

Hall Of Power & Shame

WILL OUR CRIMINAL-NETAS BITE DUST?

By Poonam I Kaushish

Taint is the flavour of the new political season. Wherein thousands of our criminal-politicos flaunt their “bullet-proof jackets” --- MPs and MLAs tag. Not any more if the Supreme Court has its way and say. In a path-breaking judgment, it barred convicted MPs and MLAs from contesting polls and would be removed forthwith on Wednesday last. Raising a million dollar question: Will it clean the political cesspool and be the game-changer?

Importantly, a two-member Bench struck down Section 8(4) of the Representation of the People Act holding it “ultra vires.” This provision protects convicted lawmakers against disqualification on the ground that his appeal is pending in the higher Courts. Now our Right Honourables have to quit if they are convicted of a crime in the trial Court and cannot stay on regardless of appeals to higher courts.

This is not all. In another whacker the next day, the Court upheld a 2004 Patna High Court verdict, which barred a person from fighting the Lok Sabha or Assembly elections from jail even if not convicted, signaling an end to the practice of politicians contesting polls from behind bars awaiting trial.

Predictably all hell broke loose. Parties went into a huddle on how to surreptitiously counter the Court’s googly without making a song and dance of it. Asserted a senior Minister, “This judgment vests unwarranted authority in lower Court convictions which often flout Supreme Court doctrines. What happens if and when a convicted and thus disqualified legislator secures an acquittal from a higher Court there are no provisions to reinstate him or her?

“What complicates the problem is what if in a bye-election another person wins the innocent legislator loses both ways as the law clearly states he cannot be reinstated. This would be a serious miscarriage of justice”, added a former Solicitor General.

Said another, suppose a few ruling Party MPs lose their seats within six months of being elected, what happens to the Government which was surviving on the majority of these legislatives? Post the acquittal by a higher Court, what happens and how does the Party regain its majority? The judgment is silent.

What is it about taint and cleaning rajniti that has our netas scurrying for cover? Especially when they go blue in the face about ushering in safedi ki chamkaan wali politics. Go to any extent to prove (sic) their sincere endeavours. Yet when it comes to acting on their words, they feign ignorance and play dumb, blind and deaf.

Chilling reality and cold Government statistics are on my side that shows that politics has nothing to do with morality and accountability. Crime is now politics and criminalisation of politics the current dispensation. Turn to any part of the country politico-criminals are now ruling the roost.

How common place their hall of power and shame is an eye-opener. More than 30%, 1460 of 4807 sitting MPs and MLAs have declared criminal cases, 688 of whom with “serious” charges. Out of 543 Lok Sabha MPs 162, up from 128 in 2004-09, 30% have cases pending 14% serious and 17% in the Rajya Sabha, 7% serious.

Reading like a virtual whose who: Former Union Railway Minister and Bihar Chief Minister RJD’s Lalu Yadav, Telecom Minister A Raja, CWG in-charge Congress’s Suresh Kalmadi and DMK Rajya Sabha MP Kanimozhi, BJP’s LK Advani, MM Joshi et al. There are 450 ‘tainted’ constituencies where at least one candidate faces criminal charges, in 104 two and 56 with over 5 contenders.

Worse is the situation in the States. Shockingly, Jharkhand has the highest percentage 74% of MLAs with cases pending (55 out of 74 MLAs), Bihar 58% and UP with 47%. More scandalous, Parties present an ugly picture. The JMM accounts for 82 %, RJD 64% SP 48%, BJP 31% and Congress 21% of criminal MPs and MLAs’. Led by Tamil Nadu Chief Minister Jayalalitha, Karnataka KJP’s Yeddyurappa, Andhra’s YSR Congress Chief Jaganmohan Reddy, BJP’s  Kalyan Singh, Uma Bharti, Vinay Katiyar etc.

Undoubtedly, India’s downslide has been rapid. Most distressing is that it doesn’t strike any cord anywhere. What is distressing is that all Parties are openly recognizing and nominating criminals as candidates. Why? Because there is no rule of law and the State has lost its Iqbal, authority to govern and arrest those who break the law.

Thanks to a weak police and legal system which ensures that mafia-turned netagan get away with murder. They are the law and rule by law: use force with impunity, collect protection money, settle disputes unlike the State bogged down in legal wrangles and use loads of money to muscle out honest candidates. A milieu of jo jeeta woh sikander, a vicious circle of you scratch my back, I scratch yours!

Why do mafia dons invest large sums in getting a neta’s tag? It is a ticket to continue extortions using political power, gain influence and ensure that cases against them are dropped. Thanks to legal delays, often abetted by political pressures, make convictions of resourceful crooks rather rare. Besides, the returns on political investments are so high and profitable that criminals are disinclined to invest in anything else.

Thus, our system has unwittingly created huge incentives for criminals to enter politics. Immortalised by renowned Mumbai mafia don-turned MLA Arun Gawli: “Ab kis ka dam hai ki mujhe encounter me maare. Now no politician can give supari (contract killing) to any police officer or gangster to kill me. Ab mere paas bullet proof jacket hai --- and MLA tag”.

What next? The battle for clean politics is on. Let us hope the Supreme Court means business. Basically, can criminal-politicos become the bedrock of our Parliamentary democracy? It is imperative we flush out the cesspit and set in motion long pending judicial reforms. The judicial process must be overhauled post haste to deliver a final verdict in months, not decades as happens currently. Already over 3 crore cases are pending in various courts.

Two, the Supreme Court needs to streamline the functioning of the lower judiciary. Three, we need to bring into force the much-debated electoral reforms. Over the years various Parliamentary Committees have studied the issue and many Election Commissioners have been crying hoarse, but to no avail.  

Last but not least, as Ambedkar wisely said: “Indeed, if things go wrong under the new Constitution, the reason will not be that we had a bad Constitution. What we will have to say is that Man was vile.” The answer lies in not better laws but honest and accountable governance.

Time to get rid of our feudal democratic mindset, begin an informed public discourse on our corrupt-criminal netas along-with generating awareness about their antecedents. Remember, if we vote for a criminal we deserve bad governance. Above all, we need politicians who are men of conscience, integrity and credibility. Not comrades in crime. It is now up to Parties to stem this rot, else the aam aadmi and history will never forgive them---- INFA.

(Copyright, India News and Feature Alliance)