A stonger CBI would have made Lokpal irrelevant: Manish Tewari

The Cong MP had footed a private members' bill on strengthening security agencies

trithesh

Trithesh Nandan | July 29, 2011



While the country is talking about Lokpal bill, Manish Tewari said that the conditions that created space for the demand for the anti-graft body could have been avoided, had the central bureau of investigation (CBI) stenghthened. “Time has come to update the statutory legal basis of CBI. If that had happened earlier, unnecessary the debate on the Lokpal bill would not have taken place. The genesis of entire debate is independence of investigative agencies,” the congress MP from Ludhiana said at a talk on intelligence reforms in New Delhi.

Without pinning responsibility on any party or institution, Tewari said there is an inherent resistance to reform the investigative agencies. “There is a need to create oversight mechanism outside government but it should be responsible enough to give comfort to practioners of the trade for their operational flexibility and autonomy, so that their work is not compromised,” he said at Delhi-based thinktank Observer Research Foundation.

He said that it was time to ask hard questions on intelligence operations in the country. Tewari had introduced a private members bill in the winter session of parliament last year which aimed “to regulate the functioning and use of power by the Indian intelligence agencies within and outside India and to provide for the coordination, control and oversight of such agencies.”

However, he was cautiously optimistic about passing of such bills in the parliament. He said, “I know no private members bill has gone through in the last 30 years. Notwithstanding that, we wanted to put structure in codified manner into the system as the time has come.”

Former home secretary G K Pillai who retired in June clarified that the bill was under examination. “It is under active consideration. A committee of secretaries is looking at the points of the bill under the national security adviser (NSA).”

There is consensus among at the level of officials, Pillai said and also added, “There are real concerns are over political oversights on how best fear in the sense of intelligence community can be met.

The bill by the Congress MP lays down provisions to "regulate the possible infringement of privacy of citizens while giving credence to security concerns". It also envisages that the working of intelligence agencies be free from perils of politicisation.

 

Related Story

Lokpal Bill to be introduced by Aug 3: Government
The much talked about Lokpal Bill will be introduced in the Lok Sabha by August three and it will be government's endeavour to ensure its early passage, if possible in the month-long Monsoon session itself.

Parliamentary Affairs Minister Pawan Kumar Bansal told reporters that the measure will be introduced in the first week of the Monsoon session beginning August one.

"It will perhaps be introduced in the Lok Sabha hopefully on either August two or three," he said, adding that government will refer it to the Standing Committee forthwith.

Bansal hoped that if the Standing Committee comes out with its recommendations on Lokpal Bill by end of August then the government could go ahead with its passage.

He dismissed team Anna Hazare's criticism of the Lokpal Bill cleared by the Cabinet yesterday noting that it was the view of just a section of the civil society and "not a democratic idea".

"They should respect others' views also," the minister said.

Asked about reports of prohibitory orders being imposed in New Delhi District ahead of Hazare's proposed indefinite fast from August 16, he said it was the government's intention to maintain public order.

When reporters persisted with the question, he said that there have been several judgements of the Supreme Court on the issue. At the same time, he said he was for reasonable restrictions which do not interfere with the people's right to protest.

Bansal said as many as 35 bills, including the Women's Reservation Bill, has been listed for consideration and passage in the session concluding on September 8.

Besides Lokpal Bill, the prominent other bills for introduction included the National Food Security Bill, a bill related to land acquisition, rehabilitation and resettlement and the Prevention of Money Laundering (Amendment) Bill.

With the session expected to be a stormy affair, the Parliamentary Affairs Minister assured all political parties on the government's readiness to discuss any issue.

He appealed to the Opposition for cooperation in the smooth conduct of the business during the session which will have 22 sittings.

Ministers of State for Parliamentary Affairs Rajeev Shukla, Harish Rawat and Pawan Singh Ghatovar were also present at the eve of the session press conference.

Bansal denied suggestions that the government was dragging its feet in bringing forward the bill concerning whistle-blowers noting that it was already on the "live register" of Parliament.

He steered clear of questions concerning the resignations by dozen odd MPs from the Telangana region to press the separate statehood demand.

"We have no role. Speaker has to consider it and take a decision," he said.

Asked whether government would make any statement and if there will be a discussion on the issue, he said, "At present nothing like this is slated.... Government always responds to evolving situations in the Lok Sabha."

The Parliamentary Affairs Minister was of the view PAC chairman Murli Manohar Joshi should not proceed with the draft report on 2G scam after it has been returned by the Speaker.

"Joshi is a senior member and he should not have sent the draft report to the Speaker in the first place. Only those reports which have been approved are sent to the Speaker and not the drafts," he said.

 

''Approach Parliamentary panel for changes in Lokpal Bill''
Government has said that people who are not satisfied with the Lokpal Bill approved by Cabinet can approach the Standing Committee of Parliament and persuade it to make changes.

HRD Minister Kapil Sibal, who was part of the joint committee to draft the Bill, said the government has already reconciled taking into account a number of provisions suggested by the civil society.

"People who want amendments to the Bill are free to go to the Standing Committee. The Standing Committee will ask for public comments. They can come and try and persuade the Standing Committee.

"The Standing Committee represents Parliament in every measure. We will then take into account whatever the suggestions are and give a recommendation to the government which in turn will in turn either accept or not accept or partly accept or partly reject or accept wholly and introduce it back for passing in Parliament," he told PTI.

The Union Cabinet yesterday cleared the Lokpal Bill keeping the office of the Prime Minister outside its purview notwithstanding incumbent Manmohan Singh's insistence on subjecting himself to its scrutiny.

The Bill, to be introduced in Parliament on August three, also keeps out the judiciary and the conduct of MPs in Parliament from its purview.

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