More equal than the others

All are equal before the law, says our Constitution. Except themselves, assume the lawmakers and the powerful. While government officers can be compulsorily retired on charges of corruption, political leaders and legislators, and their cohorts in business and industry who indulge in similar, if not graver, activities, can get away with great immunity. This is what upholders of our Constitution have reduced Indian democracy to.

This is not to undermine the due credit to the Modi government in their efforts to weed out the corrupt officials. But, the question is whether this is enough when the causes of corruption are many; players involved are too many—bureaucrats, political class, people in business and industry, etc. It is their nexus that has for decades eaten into the vitals of our systems of governance; filling their pockets with funds meant for development. Had there been no corruption; had all the money pilfered and all the black money that escaped the tax-net been invested for development, one cannot imagine the progress our country would have made; should have been many times more than what it is today. Moreover, had the policies been designed to ensure equal distribution of wealth rather than catapulting billionaires into multi-billionaires, pushing the poor into poorer, issues like Naxalism would have been closed chapters long ago. However, as of now, the country expects that the recent action is only the beginning.

Close on the heels of strong disciplinary action against some IAS and IPS officers, fifteen of the Income Tax Department, ranking from Assistant Commissioner to the Principal Commissioner, have been given pack up orders. They are involved in CBI cases – for direct bribery; for holding disproportionate assets, buttressed with evidence through the seizure of properties, stock transactions, and huge cash from each of them; and primarily, in matters of showing favours in duty-drawbacks, tax rebates, emigration clearances, money laundering, etc., involving crores of rupees. For example, one of them allowed the declared value of Rs 156 crore for rough diamonds imported, whereas the actual value was only Rs 1.2 crore; the difference being the laundered money. Another officer was gathering about Rs 20 lakh a month for emigration clearances. There are several modus operandi in their abuse of powers for enormous personal gains.

Fifteen is only a minuscule number; a mole, since corruption, which is anti-social, anti-national and unpatriotic, is mountainous; and procedures involved in fixing the corrupt, by the small CBI organisation, and courts, are too laborious and time-consuming. The available option of using the conduct rules to punish them simultaneously is also often thwarted since these bandicoots seek the shelter of godfathers within the system. To this extent, the firm exercise of authority by the Central government is commendable. But, the question arises, when their backyard of politics is dirty, slushy with slush money, and bribery, do they have the moral authority to take such action? Frankly speaking, several instances in public knowledge speak otherwise.

Let us take, for instance, the Rs 50,000 crore gas-fraud in the Krishna-Godavari basin, that involves Mukesh Ambani, some Congress leaders, and others. When CBI developed cold feet to take up the complaint of EAS Sharma, former Secretary, GOI, and four other prominent citizens, they approached the newly elected AAP government which had concurrent jurisdiction in Delhi along with the Central government. The ACB of the state registered FIRs, not only in this case, but also against Sheila Dikshit in the Common Wealth Games scams, and other matters. But, soon, with the President's rule imposed in Delhi, and with BJP coming to power at the Centre, the operation-salvage began. Investigations of all these cases were put on hold. Attempts were also made to get the FIR in the gas-fraud quashed, albeit unsuccessfully.

When AAP returned to power in 2015, and investigations were resumed in earnest, Centre acted post-haste through the LG to snatch the ACB from the state government, and ensured that investigations in all these serious cases remained unattended, instead of being closely monitored. This fact, coupled with the reality that only some political opponents across the country are selectively targeted, raise questions about the selective amnesia of the PM and his seriousness in fighting corruption.

The entire country is aware that the political establishment is the fountainhead of corruption; the magnitude being unimaginable. All the powers to deal with business houses for a quid pro quo are vested with them. Otherwise, how can BJP alone spend over Rs 27,000 crore in the just-concluded Lok Sabha election, which is apart from the huge amount of black money splashed, while the rest of Rs 60,000 crore was spent by all the other parties? How can Yediyurappa hand over Rs 1,700 crore to his central leaders? Moreover, there is no transparency either in fund collection or in its spending. Isn't the quid pro quo a case of very serious corruption on the part of those in governance? Similarly, amassing of wealth by politicians is a routine matter. Even in the cash-for-questions scam in Parliament, no action was ever taken against legislators; they enjoyed immunity, although it was a grave matter of corruption. Trading with legislators for hopping parties, which is nothing but inducement and bribery, is another low of politics.

In their hurry to shore up a majority in the Rajya Sabha, so that they could control the entire Parliament, every possible effort is being made by BJP; even by compromising on morals and ethical values. The recent entry of 4 TDP MPs, including two who are under a thick cloud, is a glaring example. Sujana Chowdary and CM Ramesh, both close confidants of Chandrababu Naidu, were called the Mallyas of Andhra by BJP till recently. There are serious charges of bank frauds, to the extent of Rs 5,700 crore against Chowdary; CBI cases registered, raids of IT, ED, etc., conducted, and properties worth hundreds of crores seized. Ramesh, who is an aide of Chowdary, was also raided with several charges against him; he was figuring in the CBI case, where it was alleged that he mediated with the then CBI director Alok Verma on behalf of Satish Sana, another businessman, to secure relief in a case against him. It is too obvious that taking the foursome into BJP is nothing but compromise on fraud, corruption and bribery; cases against fraudsters will be put in cold storage or compromises would be made in investigations. More importantly, accepting such people with criminal records, when quite a large number with such records are with BJP and other parties in Parliament, speaks about the integrity of BJP that promises a corruption-free country. On the part of the two MPs, it is a reprieve for them; as otherwise, the agencies of the new state government of Jagan Mohan Reddy and those of the Central government would have haunted them because of their closeness all this time to now-powerless Naidu.

Further, those who are elected based on the manifestos of parties, and not on their individual strength, are not true representatives of the people as required in our democracy. Their defection to another party is thus against the mandate of the people. Moreover, after taking the oath of integrity as MLAs or MPs, defecting to another party, with the inducements of money and office, is nothing but corruption, to the core. Yet, BJP has blatant plans for such defections in Karnataka, MP, Bengal, and other states, as evidenced in the allegations coming out in the open in these states. Their game-plan has now extended to AP as well – one, to teach Naidu a lesson; two, not only to have a foot-hold in AP where they have no single MLA but also to gain the status of the opposition leader by displacing Naidu. But in the process, those ex-ministers and MLAs of the present lot of 23 of TDP, who are under the scanner of the new government in the state for their corrupt activities earlier, would find shelter under the roof of BJP, which is also willing to play the host.

BJP's tactics in their expansionist plans are too clear. Intimidate through Central agencies, conduct raids, siege certain documents, magnify the news through friendly media, create fear, and finally bend them to their side. Once they join their camp, everything is forgotten. It has been happening as a trend: Mukul Roy of Sarada Scam in Bengal, Himanta Biswa Sarma of Assam connected with Sarada scam, Nayaran Rane of Maharashtra, Bahuguna siblings of Uttarakhand, etc., are examples. Similarly, how can people like Yeddyurappa, and Bellary brothers of mining scams of Karnataka, etc., with shady backgrounds, can be saints? Is this the standard of character and integrity of a party that had emerged from the Jan Sangh to promote certain ideas, and is now vocal against corruption?

It needs serious introspection. Although defections are politically expedient, fraught with the criminality of giving and taking bribes, they are anti-national and unpatriotic actions. Similar is taking donations from people like Mukesh Ambani, who indulge in frauds and manage to thwart investigations.

No one should be more equal than the others and assume immunity from law and morality. When officers can be removed for being corrupt, the same should apply to the political class and the powerful, who should, in fact, be role models. PM Modi, who speaks every day about the lofty ideals of patriotism and the mantra of 'no corruption', needs to take a clear stand. Caesar's wife should be above suspicion.

(Dr. N Dilip Kumar is a retired IPS officer and a former member of Public Grievances Commission, Delhi. The views expressed are strictly personal)