Team Anna writes to Prime Minister

Anna Hazare and his team on Monday sent a letter to Prime Minister Manmohan Singh and MPs, urging them to make the best possible anti-graft law, which includes provisions for an independent investigative wing for the ombudsman.

In the letter, Team Anna noted the year-long campaign against corruption has brought people to the edge of legislation that can tackle it powerfully.

“Sensing the national mood, Parliament has also taken it upon itself to foster a significant debate on the issues within the Lok Pal Bill, and for this, we thank our elected representatives. While we are on record with our displeasure over the current draft of the Bill, we are also keen that the best possible law should now emerge from the debate in the people’s Houses,” the letter said. “We urge Parliament’s consideration and adoption of these points, to give the country a real anti-corruption law. Our opposition to various other provisions of the draft bill remains, and we will take up the fight for improvements to the legislation in the months and years ahead,” Team Anna said.

The letter came amid fresh vitriol from the Congress against Hazare, with allegation ranging from alleged Rashtriya Swayamsevak Sangh links to being an Army deserter, with party leader Digvijay Singh leading the attack.

Team Anna urged MPs the Lok Pal and Lokayuktas must be able to suo moto initiate their own investigations, without a complaint or reference from anyone. It should also not be required to alert the accused through preliminary inquiry or hearing before filing a first information report as recommended by the Standing Committee. In this regard, Team Anna asked MPs to adopt one of the three formulations suggested by it.

“The anti-corruption branch of the Central Bureau of Investigation (CBI) should be merged into Lok Pal, anti-corruption bureaus and state vigilance departments in state governments should be similarly merged into Lokayuktas or Lok Pal. Lokayuktas should have their own investigative wings, which should have exclusive jurisdiction over cases under the Prevention of Corruption Act. The government’s own previous draft of the Bill included the second provision,” the letter said.

The third formulation was the administrative and financial control over CBI should be with the Lok Pal and the appointment of CBI director should be independent of any political control.

Team Anna demanded the Lok Pal/Lokayukta’s jurisdiction should include Class C and D officers directly.

The government’s Bill had mentioned Lok Pal would direct complaints against lower bureaucracy to the Chief Vigilance Commissioner (CVC). On the selection of the Lok Pal, Team Anna said it should be through the consensus of the selection panel.

“The selection committee should consist of Prime Minister, Leader of Opposition, two judges to be nominated by a collegium of Supreme Court judges, Comptroller and Auditor General (CAG), CVC and Chief Election Commissioner (CEC). The search committee to suggest nominees should consist of former chief justices, former CAG, former CVC and former CEC. A detailed selection procedure should be prescribed in the law itself,” the letter said.