People have always been wondering why the laws tend to protect the white collar law breakers. Ofcourse, the maxim is there 'Innocent till proven guilty'. However, many a crime, especially venal crimes like corruption peter away on technical grounds. Great effort and time that goes into detection, investigation and prosecution gets frittered away on flimsy grounds. Courts are helpless as they can only uphold law as available on statute books.
Many of the Institutions like Lokpal, Lokayukta, Human Rights Commission, Minorities Commission have little powers being more of advisory in nature. In respect of persons holding political or beuracratic positions, one big hurdle is that permission is needed to prosecute them even in a normal court of law. Several offices are exempt. Ofcourse, people are to be protected for performing their duties, from frivolous and vexing litigations from aggrieved parties.
However, winds of change started blowing in a not small way, first through courts entertaining Public Interest Litigations and secondly with enactment of Right to Information Act.
Can't we get round the problem by easing laws of prosecution but at the same time tightening laws against character assassination and blackmail? Likewise can't 'Right to Information' elaborated to 'Obligation to Furnish Information'?
It is also puzzling why there should be secrecy about information already in possession of authorities - like names of persons having unaccounted money abroad, etc.
Recent newspaper reports are heartening that courts, public persons, individuals are exercising their minds about these issues e.g.
Wikileaks' Assange announcing imminent release of around 2000 names of persons round the world having secret Swiss Bank accounts.
Indian Courts questioning the need for keeping information secret about Indians who have stashed money abroad which the government has given the court in a sealed cover.
prominent thinkers and activists undertaking a walk in Delhi on 30th January seeking adoption of the draft laws they have proposed to give teeth to existing watered-down laws.
Let us wait and watch and more importantly hope.
…ponder
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