Won't die till Jan Lokpal Bill is passed - Anna Hazare

With his fast entering tenth day today, social activist Anna Hazare said that he would not die till the Jan Lokpal Bill was passed, and all his demands were accepted.

Addressing a gathering at the Ramlila ground here, Hazare said: “I will not die till the government accepts all my demands.”

Hazare earlier urged people to protest peacefully even if he is arrested by the police.

“If they take me away from here, then there should no violence. But along with me, if they arrest the people standing on the second line, then a list should be prepared according to which the arrested people's place should be filled in by another group of people. If they are also arrested then a third line leadership would have to take their place. We will do it step-by-step but in a non-violent way," said Hazare.

Hazare also alleged that the government was acting against the Constitution by trying to strangle a non-violent movement like the one which he is leading.

"The Constitution has given us the right to protest non-violently. The Constitution also states that if such a protest does not do any harm to anybody then the government cannot stop it. We are following the Constitution and these people are trying to strangle it. Even now, I am saying that I have no problem. Let a doctor come, let it be a government doctor, let him check me and tell me if I have any medical problem," added Hazare.

Hazare, 74, has refused to be administered glucose drip. He has been asked to drink a lot of water and told not to strain himself.

Govt tentatively moves for talks with Anna Hazare

Anti-graft activist Anna Hazare's hunger strike entered its seventh day on Monday with opposition parties calling for nationwide rallies this week, prompting the government of Premier Manmohan Singh to take tentative steps to open talks.

The 74-year-old Hazare, who has shed five kgs (11 lbs), spent the seventh day of his fast lying down on a makeshift stage at Ramlila grounds in New Delhi as electric fans cooled him in the humid monsoon heat. Temperatures reached into the mid-30s Celsius (95 Fahrenheit).

Hazare's supporters and the government said at the weekend they are open to talks, with Singh saying there was a "lot of scope for give and take."

But a prominent Hazare supporter said that the government had so far shown caution.

"The government sent an innocuous three page, unsigned note yesterday which summarised their position -- as if we need to know that," Kiran Bedi, a former police officer and one of India's best known anti-graft campaigners who works with Hazare, told Reuters.

Moves to open talks come as the Bharatiya Janata Party is organising a nationwide protest against the government on Thursday, while a group of left parties is planning a national protest on Tuesday.

Singh continued to strike a more conciliatory tone on Monday than when Hazare's fast first began after he was jailed by the government last week in a ham-handed move to thwart the hunger strike.

"The standing committee has the power to propose any amendment or amendments," Singh said in Kolkata, referring to a parliamentary body looking at an anti-corruption bill before parliament that lies at the heart of the standoff.

In another sign of possible compromise, Jairam Ramesh, a minister and Congress Party stalwart, publicly lent support to Hazare's demand that his team only negotiate with mediators from the prime minister's office or with Rahul Gandhi, the son of the Congress party chief, as opposed to a third party.

"That is a way out," Jairam Ramesh told reporters. He also said the government was mulling introducing a separate bill to tackle graft in the lower orders of bureaucracy, which had been another demand from Hazare.

With key state elections next year that pave the way for a 2014 general election, the government is keen to end a crisis that has paralysed policy making and parliament and added to Singh's unpopularity amid high inflation and corruption scams.

At least 50,000 people protested on Sunday to support Hazare and on Monday, a holiday in the capital, thousands came again carrying flags, banners and shouting slogans like "long live the revolution."

Hazare's campaign has struck a chord with India's rising middle class, many sick of endemic bribes and angry at a series of corruption scandals that have touched top politicians and businessmen in Asia's third largest economy.

Hazare's team members have said this is not a fast to death -- he is also drinking water. The activist has carried out scores of hunger strikes against governments in the last few decades.

"Our demand that they pass the bill by the end of the month remains unchanged. It's what the people want," Bedi said.

Criticism of Hazare's hunger strike has also surfaced from activists who say it is setting a bad precedent by holding democratic institutions hostage.

"While his means may be Gandhian, Anna Hazare's demands are certainly not," Booker prize-winning novelist and social activist Arundhati Roy wrote in The Hindu newspaper.

"The (Hazare) bill is a draconian anti corruption law in which a panel of carefully chosen people will administer a giant bureaucracy."

In another sign of the tentative efforts by a fumbling government to take the initiative, a Congress party lawmaker has also sent Hazare's bill to a parliamentary committee for consideration, meeting a demand of the protesters.

"The government and Team Anna are in back channel negotiations. So that's a start," said Anirudh Goenka, a 36-year-old social worker, at the protest. "Maybe we will not achieve everything the Jan Lokpal set out to do, but even a compromise is a way forward."

Hazare was briefly jailed last Tuesday, a move the government sought to reverse quietly. But he refused to leave prison until the government allowed him to continue his vigil, in public, for 15 days. He was released on Friday to huge cheering crowds and widespread media coverage.

For many, the pro-Hazare movement has highlighted the vibrant democracy of an urban generation that wants good governance rather than government through regional strongmen or caste ties -- a transformation that may be played out in 2012 state polls.

Several scandals, including a telecoms bribery scam that may have cost the government up to $39 billion, led to Hazare demanding anti-corruption measures. But the government bill creating an anti-graft ombudsman was criticised as too weak as it exempted the prime minister and the judiciary from probes.

Differences between Jan Lokpal Bill and Govt Bill

The streets are witnessing a demand that the government's Lok Pal Bill be replaced by the Jan Lok Pal Bill (JLP) as drafted by the team led by Anna Hazare. There are several significant differences between the two bills. In this note, we describe the some of these differences.

First, there is a divergence on the jurisdiction of the Lok Pal. Both bills include ministers, MPs for any action outside Parliament, and Group A officers (and equivalent) of the government.

The government Bill includes the Prime Minister after he demits office whereas the JLP includes a sitting Prime Minister. The JLP includes any act of an MP in respect of a speech or vote in Parliament (which is now protected by Article 105 of the Constitution). The JLP includes judges; the government Bill excludes them. The JLP includes all government officials, while the government Bill does not include junior (below Group A) officials. The government Bill also includes officers of NGOs who receive government funds or any funds from the public; JLP does not cover NGOs.

Second, the two Bills differ on the composition. The government Bill has a chairperson and up to 8 members; at least half the members must have a judicial background. The JLP has a chairperson and 10 members, of which 4 have a judicial background.

Third, the process of selecting the Lok Pal members is different. The JLP has a two stage process. A search committee will shortlist potential candidates. The search committee will have 10 members; five of these would have retired as Chief Justice of India, Chief Election Commissioner or Comptroller and Auditor General; they will select the other five from civil society. The Lok Pal chairperson and members will be selected from this shortlist by a selection committee. The selection committee consists of the Prime Minister, the Leader of Opposition in Lok Sabha, two Supreme Court judges, two high court chief justices, the Chief Election Commissioner, the Comptroller and Auditor General and all previous Lok Pal chairpersons.

The government Bill has a simpler process. The selection will be made by a committee consisting of the Prime Minister, the leaders of Opposition in both Houses of Parliament, a Supreme Court judge, a high court chief justice, an eminent jurist and an eminent person in public life. The selection committee may, at its discretion, appoint a search committee to shortlist candidates.

Fourth, there are some differences in the qualifications of a member of the Lok Pal. The JLP requires a judicial member to have held judicial office for 10 years or been a high court or Supreme Court advocate for 15 years. The government Bill requires the judicial member to be a Supreme Court judge or a high court chief justice. For other members, the government Bill requires at least 25 years experience in anti-corruption policy, public administration, vigilance or finance. The JLP has a lower age limit of 45 years, and disqualifies anyone who has been in government service in the previous two years.

Fifth, the process for removal of Lok Pal members is different. The government Bill permits the president to make a reference to the Supreme Court for an inquiry, followed by removal if the member is found to be biased or corrupt. The reference may be made by the president (a) on his own, (a) on a petition signed by 100 MPs or (c) on a petition by a citizen if the President is then satisfied that it should be referred. The President may also remove any member for insolvency, infirmity of mind or body, or engaging in paid employment.

The JLP has a different process. The process starts with a complaint by any person to the Supreme Court. If the court finds misbehaviour, infirmity of mind or body, insolvency or paid employment, it may recommend his removal to the President.

Sixth, the offences covered by the bills vary. The government Bill deals only with offences under the Prevention of Corruption Act. The JLP, in addition, includes offences by public servants under the Indian Penal Code, victimization of whistleblowers and repeated violation of citizen's charter.

Seventh, the government Bill provides for an investigation wing under the Lok Pal. The JLP states that the CBI will be under the Lok Pal while investigating corruption cases.

Eighth, the government Bill provides for a prosecution wing of the Lok Pal. In the JLP, the CBI's prosecution wing will conduct this function.

Ninth, the process for prosecution is different. In the government Bill, the Lok Pal may initiate prosecution in a special court. A copy of the report is to be sent to the competent authority. No prior sanction is required. In the JLP, prosecution of the Prime Minister, ministers, MPs and judges of Supreme Court and high courts may be initiated only with the permission of a 7-judge bench of the Lok Pal.

Tenth, the JLP deals with grievance redressal of citizens, in addition to the process for prosecuting corruption cases. It requires every public authority to publish citizen's charters listing its commitments to citizens. The government Bill does not deal with grievance redressal.

Given the widespread media coverage and public discussions, it is important that citizens understand the differences and nuances. This may be a good opportunity to enact a law which includes the better provisions of each of these two bills.

Hazare runs into civil society protest

The National Campaign for People’s Right to Information has rejected Anna Hazare’s Jan Lokpal bill and said it had sent its version of the proposed anti-graft law to the parliamentary standing committee that is examining the Centre’s draft.

At a media interaction today, NCPRI members Aruna Roy and Harsh Mander, who are also part of the Sonia Gandhi-led National Advisory Council (NAC), emphasised the importance of the standing committee which, they said, has in the past strengthened bills initially regarded as “feeble”.

They also said setting deadlines for passing bills challenged the underpinnings of democracy, whose essence was “holding wide-ranging consultations and discussions, allowing for dissent and evolving a consensus”.

As Hazare and his colleagues rubbished the Centre’s invite for suggestions on its Lokpal bill through media ads, Aruna said they had despatched their draft today and were waiting for a call from the parliamentary panel.

She also said the NCPRI met most of the Opposition parties, including the BJP and the Left, and were responded to “favourably”.

Aruna, a right to information campaigner for years, underlined the role of the committee, saying several amendments had been incorporated into the RTI law.

Asked what she thought of Hazare’s fast, she said: “It is justified, democratic and constitutional. He has the right to protest and dissent. But nobody can claim it as an absolute right and deny the right of dissent to others.”

NCPRI member and RTI activist Shekhar Singh criticised Hazare’s colleague and lawyer Shanti Bhushan for suggesting that the government was free to make “minor” changes in the Jan Lokpal bill with Team Anna’s “permission” and ensure its passage in the ongoing monsoon session.

“This is very dangerous. Mobilising 50,000 or a lakh of people on the streets does not give anyone the right to appropriate Parliament’s functioning. Tomorrow, by the same logic, they might say we want to take over the courts, the security forces and demand a role in amending the Constitution,” Singh said, adding that lawyer Prashant Bhushan, also a Hazare adherent, was an “old associate” of his.

Aruna explained why they believed Parliament and legislative processes were sacrosanct even in the face of “people’s power”.

“The Lokpal issue was flagged in the public domain because of public pressure and nobody disputes this fact,” she said. “But those who make laws, craft their phraseology, vet and pass them are empowered to do so by the Constitution. But there exist structures of the state that can be accessed by civilians and worked upon by them. Although people struggling on the streets often make governments cognisant of their issues, we should learn to use government structures with maturity.”

Aruna, who was an IAS officer before quitting to work on grass-roots movements, added: “I was a collector once. But today I can’t be engaged in street struggles and simultaneously demand that I should be allowed to exercise the powers of a collector. I am happy to sit on the street with people and let the collector do his job.”

Mander, also a former bureaucrat, said this was “not the first movement” to have drawn people to the streets.

“Labour struggles have led to the passage of pro-labour laws, women’s groups pressured government to radically alter the law on rape and domestic violence and Dalit groups have fought for Dalit laws. People have the right to demand laws but it should be done through a system.”

The NAC members were, however, quick to clarify that they did not come as the government’s representatives and ran down the official Lokpal bill as “weak, inadequate and dangerous in places”.

They also tried to counter the perception that the NAC was a super law-making mechanism and claimed it was “part of the pre-legislative process”.

Anna Hazare refuses to come out of Tihar Jail

Anna Hazare refused to come out of Tihar Jail despite being offered a release, 15 hours after he was detained and prevented from going on fast demanding a strong Lokpal.

Team Anna member Kiran Bedi and noted lawyer Shanti Bhushan, who were arrested after the detention of social activist Anna Hazare on Tuesday, have been released.

The 73-year-old Gandhian, who was fasting in the jail, was insisting on an unconditional release and permission to launch his fast at Jai Prakash Narain Park from where he had planned to launch his fast this morning.

Hazare's close aide Manish Sisodia, who was arrested along with him and released, said the Gandhian has told the authorities that he will come out of the prison only after a written unconditional permission is given to continue his fast at Jai Prakash Narain Park here. Sisodia said Hazare and activist Arvind Kejriwal were continuing with their fast.

Neeraj Kumar, Director General (Tihar Jail), said Hazare was in his room and all formalities have been completed for his release. But he has refused to go out as he wants an unconditional release, he said.

Jail sources said Hazare's conditions like permission to fast from JP Park has been communicated to the authorities concerned for final decision. In a sudden turn of events, government withdrew charges against him after picking up Hazare from a flat in east Delhi's Mayur Vihar at 7:30 am when he refused to heed Delhi Police's request to him not to go ahead with his fast in violation of prohibitory orders.

Amidst scenes of jubilation by hundreds of candle- holding and tri-colour carrying supporters who shouted slogans, Hazare came out of the prison waving to them. On a day of high drama, Delhi Police, which got Hazare and seven of his associates remanded to seven days judicial custody and lodged them in Tihar Jail, issued warrants of release around 2000 hours as thousands of people courted arrest in Delhi, Mumbai and other cities across the country protesting against the government action.

Hazare and his associates were charged under Sections 107 and 151 of CrPC dealing with preventive arrest after police believed that they were about to commit cognizable crimes when they refused to heed to Delhi Police's request not to go ahead with the protest as it would be in violation of prohibitory orders.

After some high-drama of shifting the arrested from a police officer's mess to a police station, the Gandhian and his associates were remanded to judicial custody for seven days after they refused to give a personal bond that they would not violate prohibitory orders and hold protests.

Hazare along with his three supporters have been kept in new admission ward of Jail number four while Kejriwal, a former IRS officer, and three others have been kept in Jail number one.

Two other prominent activists Kiran Bedi and noted lawyer Shanti Bhushan, who were detained under Delhi Police Act for apprehension of breach of peace, were released in the evening.

More than 1,500 activists were detained in Delhi when they hit the streets in support of Hazare while in Mumbai, over 1,000 were held and hundreds of others in cities across the country.

Hazare, who is campaigning Lokpal that will cover Prime Minister, higher judiciary and MPs conduct inside Parliament among others, went on fast in the prison taking only water, sources close to him said.

Opposition parties closed ranks, disrupted both the Houses of Parliament, attacking the government action as "murder of democracy" and a throw-back to the days of emergency.

Government fielded an array of ministers led by Home Minister P Chidambaram before the media and rejected the criticism of its action.

Chidambaram strongly defended the arrest saying the Delhi Police came to a conclusion that he and his supporters would commit a "cognisable offence" by defying prohibitory orders. "This is not a pleasant task and none of us is happy trying to explain the circumstances under which certain events have taken place. It is a painful duty and we are performing it with the seriousness it deserves," he told reporters.

Government was at its pains to say right to protest is a Constitutional right but it must be exercised under certain reasonable conditions. Chidambaram said Lokpal is not a panacea for corruption but on of the answers to deal with the menace and government was against Hazare Team's attitude of "my bill or no bill".

Shortly after Hazare's arrest, his campaigner Prashant Bhushan announced a series of agitational programmes, including a march from India Gate to Parliament tomorrow evening and protest by supporters in Delhi streets.

He also called upon government employees to go on mass leave tomorrow to show solidarity with Hazare. However, Chidambaram expressed the hope that government servants will not heed to the "wrong call" of mass leave given by Team Anna.

Noting that Delhi Police was ready to release Hazare on a personal bond if he gave an undertaking that he will not defy prohibitory orders, Delhi Police Commissioner B K Gupta said the Gandhian refused to do so.

He said they had initially suggested that Hazare hold his protest at Sadbhavana Park which has a capacity to accomodate around 15-20,000 people.
"According to our intelligence reports, 15-20,000 people were to gather for the protest and we suggested that he stage his protest there but Delhi High Court had banned any protest there. It was then that we suggested Jai Prakash Narain Park," he said.

Team Anna to appear before Parliament panel today

Just when they seem to be hurtling towards confrontation, Congress has successfully reached out to the Anna Hazare camp, persuading the civil society activists to appear before the standing committee on law and justice.

Activist Arvind Kejriwal confirmed that he along with his colleagues have accepted the invite from the parliamentary panel led by Congress's Abhishek Singhvi and will attend the deliberations on Wednesday. Gandhian Anna Hazare, former law minister Shanti Bhushan, Prashant Bhushan and Kejriwal are expected to attend the meeting for "preliminary discussions".

"'We were invited by the Rajya Sabha secretariat to attend the meeting. The official suggested that this would be a preliminary discussion", Kejriwal said.

The decision to engage the civil society activists when they are in the campaign mode against the government is seen as reflecting Congress's desire to blunt their campaign. In fact, the Singhvi-led panel appears to have worked with unusual speed, considering that the Lokpal Bill was referred to the committee only on Monday. An engagement also serves the purpose of defusing the perception that government is stubborn and spoiling for a fight, said sources.

Also, the Singhvi-led panel is also racing ahead with the scrutiny of the judicial accountability bill. It has begun clause-by-clause examination of the "judicial Lokpal" bill, and has plans to send the legislation back to Parliament in the next couple of weeks.

The panel's active work could be spurred by the aggressiveness shown by Team Anna in the last one week. Hazare has been on an offensive since the government-approved Lokpal bill has been tabled in the Lok Sabha. The group has burnt copies of the bill and organized several rallies, marches and candle-light protests to drum up support in the run-up to their indefinite fast beginning August 16.

Meanwhile, a member of Parliament has provided a possible opportunity for discussion on the Lokpal bill in Parliament. Independent MP Rajeev Chandrashekar on Tuesday submitted the 'Jan Lokpal Bill' in the Rajya Sabha.

The bill seeks to establish an independent authority to investigate offences under the Prevention of Corruption Act. The Lokpal will be authorized to "detect corruption by expeditious investigation and to prosecute offenders and to ensure timely redressal of certain types of public grievances and to provide protection to whistleblowers".'

The private members' bill could be discussed in the House and provide a forum to legislators to air their views on some of the controversial sections of the anti-corruption legislation. Talks between the Hazare-led group and the government had broken down after the two failed to eye-to-eye over key issues like the powers of the Lokpal, selection process and other contentious issues.

Hazare's version of Lokpal bill unacceptable: Kapil Sibal

Union minister and a key member of the Lokpal bill drafting committee Kapil Sibal said that Team Hazare's version of the legislation was unacceptable, as some of its provisions were against the basic tenets of the Constitution.

Addressing Congress workers, Sibal described "Team Anna" as "an unelected group with accountability to no one." He also said, jokingly, that Centre should have taken "inputs" from Vilasrao Deshmukh, who had the experience of dealing with "Hazare and his fasts" in Maharashtra.
"Lokpal (as per team Anna draft) would not be accountable to Parliament or the courts because these institutions would be brought under it.

This is not acceptable," he said. The minister said that more than through the Lokpal, corruption can end if existing systems are rectified. Citing instances of how parents can go to any extent when trying to enrol child in the best school, he said such malpractices would stop only when suitable infrastructure is created and better schools are set up.

He wondered how civil servants, elected representatives and the judiciary, which Hazare and his colleagues felt were "tainted', would become "clean" under the Lokpal. Targeting media, he said, "The country cannot run under the institutions which do not have accountability... I am going to recommend to the Prime Minister that even the media be made accountable." "Reputations are being tarnished on television," he said.

Sibal attacked the BJP for keeping mum in the Lokpal debate, and accused it of attempting to destabilise the polity and Parliament. Earlier, in a lighter vein, Sibal said the government made the mistake of not enlisting the help of his Cabinet colleague and former Maharashtra chief minister Vilasrao Deshmukh while engaging Hazare.

Addressing Deshmukh, who was also present, Sibal said, "You have the experience of dealing with Hazare and his fasts (in Maharashtra). With your inputs, the government would have handled the issue differently."

Are your five wise and the rest fools? Congress asks Anna

The Congress frowned upon Anna Hazare's threat to go on hunger strike from August 16 on the Lokpal Bill issue, wondering whether "only five people are wise and the rest fools".

Congress general secretary Digvijay Singh told reporters that going on a fast to threaten government does not behove a Gandhian like Hazare.

Taking a dig at Hazare and his team, who have five members in the Joint drafting committee on the Lokpal Bill, Singh said the attitude that "only five people are wise and the rest are fools is not proper".

He said the Congress and the government were committed to a strong Lokpal Bill and, therefore, all parties must come together for an effective legislation.

Singh and party spokesperson Jayanthi Nataranjan, who spoke separately, insisted the so-called civil society should respect the inherent right of Parliament.

People throng Rajghat to support Hazare's fast

A man dressed like Mahatma Gandhi was the centre of attraction as he sang Gandhi's favourite bhajan 'Raghupati Raghav Raja Ram'. With Delhi Police refusing permission for the day-long hunger strike at Jantar Mantar, Hazare had decided to shift the venue to Rajghat to avoid a confrontation.

Thousands of people have gathered at Rajghat here to take part in the day-long hunger strike called by Anna Hazare to protest against police crackdown on Baba Ramdev and his supporters during their agitation against corruption.

A number of youths wearing Gandhi caps and elderly people were seen at the spot waving the tricolour amidst a heavy posse of security personnel.


Civil rights activists had contended that denial of permission to hold peaceful protest was against the basic Constitutional rights of citizens. The Hazare-led protest will be accompanied by an all-religion prayer meeting and a debate on Lokpal Bill.

A senior police official said on Tuesday that they have refused permission for the fast at Jantar Mantar due to prohibitory orders at the site after the police action against Baba Ramdev in Ramlila Maidan on Sunday.