PMO writes to Anna Hazare addressing the issues raised by him
Dear Shri Anna Hazare,
This
refers to the letter dated 26.5.2012 addressed to the Prime Minister purported to
have been signed by you and several others. I have been directed to make the
following submissions to the issues raised: The
Government has tabled a strong Lokpal Bill in
Parliament which has features that are more progressive than in any Bill tabled
before. This Bill has been prepared after extensive discussions with you and
your colleagues and all suggestions that were considered to be feasible have
been incorporated. This Bill has been passed by the Lok
Sabha. Government is of the opinion that Parliament
has to take a final view on the Bill and the passage of the Bill should be a
Parliament-led process. To this end, Government is open to suggestions from all
parties. In fact, many suggestions have been accepted by the Government in the
course of the discussions on the Bill and two all-party meetings have been held
in an effort to build consensus. The Bill has now been referred to a Select
Committee which will be open to receive and examine all relevant suggestions.
In
addition to the Lokpal Bill, Government has taken a
slew of measures, both legislative and executive, to curb and reduce
corruption. The Public Interest Disclosure and Protection of Persons Making the
Disclosure Bill, the Prevention of Bribery of Foreign Public Officials and
Officials of International Organisations Bill, the Citizens' Right to Grievance
Redress Bill and the Judicial Standards and Accountability Bill have been
brought forward. India
has also ratified the United Nations Convention against Corruption. A
comprehensive public procurement law has been approved by the Cabinet. The
National Mission
for Delivery of Justice and Legal Reforms has been set up.
A
Group of Ministers set up by the Government to consider measures to tackle
corruption has approved a large number of measures as given in the annexure.
These are being implemented by the various Ministries and a monitoring
mechanism has been set up to track progress.
To
fight the menace of black money, the Benami
Transactions (Prohibition) Act and amendment to the Prevention of Money
Laundering Act have been passed. A special committee has been set up to examine
measures to strengthen laws to curb black money generation. Independent
agencies have been commissioned to assess the quantum of black money and make
recommendations. New Income Tax Overseas Units have been set up and new Tax
Information Exchange Agreements and Double Taxation Avoidance Agreements have
been signed to contain generation and outflow of illicit funds.
Agencies
like CBI, ED, CAG and CBDT continue to function independently as per their
mandates. In fact, the term of this Government has been especially marked by
zero interference in the functioning of these agencies. CAG has functioned in
an unfettered way in conducting audit of various departments.
The
Government continues to welcome suggestions from all segments of civil society,
including the one represented by you, on measures to bring greater probity in
governance and public life. The Government is committed to make all efforts to
reduce corruption and bring in greater transparency. The Government is also
determined to ensure that baseless and uninformed allegations made against
public servants are not allowed to create fear that can lead to paralysis in
decision-making and slow down growth and development.
We
have noted from your letter that you have previously addressed communications
to all the Ministers conveying the allegations made against them for their
views.
As
regards the allegations made against the Prime Minister, they seem to be based
on a leaked draft of the CAG on coal block allocations and on media stories.
You have provided no evidence to back up these allegations and you have
yourself said that you are not making these allegations. All details of the
policy and procedures followed for coal block allocations have been placed in
the public domain by the Coal Ministry and can be seen by all by going to the
link http://coal.nic.in/welcome.html.
All decisions were taken in public interest on the basis of legal provisions
and relevant policy in force.
The
final report of the CAG has not yet been tabled in Parliament. When it is
tabled, the Government will submit detailed responses before the Public
Accounts Committee as per Constitutional procedure. It is also understood that
the CVC, in exercise of the powers vested in it, has recently directed the CBI
to carry out a Preliminary Enquiry on a complaint on coal block allocations
filed by an Opposition MP and some others. CBI will carry out the enquiry
fairly and independently. Your insinuations and allegations against the CBI are
unwarranted and unjustified.
I must
regret that your statement that "top most institutions of the country like
the Supreme Court, High Court, CAG etc. have leveled
these allegations [against the Ministers] from time to time", is not only
vague but unacceptable.
The
tone and tenor of your letter and the broad and sweeping nature of the
statements made are also unacceptable.
Your
demand for the constitution of a Special Investigation Team has been
considered, as also the terms of reference suggested by you. Having regard to
the fact that the existing legal and statutory framework has adequate and
sufficient provisions for addressing the issues raised by you, your demand
cannot be acceded to.
The
allegation that an understanding has been reached by the Government with Shri Mulayam Singh to hush up ongoing CBI enquiries is baseless
and untrue. It is unfair to the Government, Shri Mulayam
Singh and the CBI and an insult to the judicial system.
As
regards allegations leveled against what you have
termed as 'team Anna', these too would be subject to due investigation by
concerned agencies if and when reports are filed. There is no provision under
law to subject anyone to twice the penalty allowed under the relevant law.
Finally,
with regard to the special fast track courts suggested by you to deal with
cases of allegedly tainted MPs, the matter has been considered but cannot be
acceded to since Government and the judiciary both monitor the pendency of cases in various courts.
Annexure
Key
measures approved by the GoM to tackle corruption
>
Fast-tracking of all cases of public servants accused of corruption –
·
Competent authority to take decision within 3 months on requests from
investigating agencies for sanction of prosecution (orders issued since).
·
Competent authority to decide within 3 months all requests for granting/denying
permission under Section 6(a) of DSPE Act, 1946. The competent authority
for officers of the level of JS and above in GoI will
be the Minister-in-Charge. (orders issued
since).
>
Electoral Reforms –
·
Ministry of Law & Justice directed to come up with specific proposals for
initiating reforms expeditiously. (These are awaiting political
consensus).
>
Relinquishing discretionary powers enjoyed by Ministers at the Centre-
·
DoPT directed to issue a general advisory to all
Ministries/Depts. to carry out an exercise for
putting in place regulatory parameters for exercise of discretionary powers and
putting them in public domain. (instructions
since issued by DoPT).
>
Introduction of an open and competitive system of exploiting natural resources-
·
Most of the recommendations of the Ashok Chawla Committee accepted. DEA directed to monitor the
implementation of the same by the respective Ministries/Depts.
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