It is indeed an irony that the Goa legislative assembly decided to break the back of a toothless tiger called ‘Goa Lokayukta’ a day after transparency International showed India having slipped at a all-time low of 86th position among 180 countries. In fact we had a fall of six places over last year’s ranking. The Goa assembly delivered a deadly blow to the very idea of accountability, transparency and administrative honesty. Corruption is like the termite that erodes the very foundation of governance.
In 2011, we believed Lok Pal/Lokayukta is an idea whose time had come. Congress faced the heat, both at the centre and in this tiny state. The then leader of opposition in Goa, Parrikar rooted for a Goa bill of 2003 vintage which faced disapproval of the centre due to the Governor reserving it for President’s assent. At that time Justice Santosh Hegde as Karnataka Lokayukta caught the imagination of the people as he went for Yedurappa’s neck. The singular high point of the Goa bill is the coverage of the office of CM. In all other aspects it was toothless. It could only bark. It could never bite. It was only a recommendatory body. What a farcical law it is, has been demonstrated by how the 21 reports of the last Lokayukta were treated. His reports must be gathering dust somewhere, in case they have not found their place in the dust-bin. PK Mishra J. himself called for the abolition of the Institution of Goa Lokayukta. He left Goa as a dejected man with no hope. He did not spare ex-CM Manohar Parrikar over the assets of Pandurang Madkaikar. The most damning report is of course one on the role of ex-CM Parsekar, then Mines secretary and director of Mines over renewal of mining leases on 12th January 2015,the day on which the central ordinance for grant of leases through auction route came. He held Michael Lobo not fit to hold public office. The only good thing that happened is that the weakness of the institution got exposed and the government faced embarrassment every time a report was published.
If you enjoyed reading this article, you can help support our journalism by adding OHeraldo as a preferred source.
Movement for Lokpal brought a change at the Centre. We believed with the ‘party with a difference’ taking power, our problems over corruption were over. Now corruption has ceased to be an issue. The civil society gave up the fight for a stronger Lokpal or Lokayukta in the states. The civil society is firefighting new areas over hate/hatred, love, beef and divisive agenda set by the new regime. Does anybody know that there is no functional Lokpal currently or does anybody remember who the last Lokpal was? The state of corruption remains the same. The Corruption Perception Index as per Transparency International has only worsened over the last six years May be we have come to believe that nothing shall change.
In Goa, how corrupt our government is can be gauged when Industry bodies which are always silent, start talking. The Goa Small Industries Association is up in arms against the government as Goa slipped three places down in the ‘ease of doing business’. The GSIA has accused the Government of under table business over routine services. Travel and Tourism Association Goa has a strange story of “30%”! CREDAI the real estate body has damned this government like never before. If CREDAI and the Goa Chapter of Architects are to be believed about 8% is the amount of corruption in that sector. The developers pass it on to the purchasers. It only means every flat purchaser is paying about four to five lakhs extra. Not a single file gets cleared without the builder meeting the minister or PDA chief even when everything is within the rules. Corruption is more pervasive today than ever before. Even the purchase of medicines has become a scandal. The list goes on. By any standards, we have a most corrupt regime.
It was only imperative that our accountability mechanisms be strengthened. The Lokayukta had to be given powers of suo motto investigation powers. A full-fledged investigation and prosecution wing ought to be provided so that Lokayukta not only gives a report but prosecutes public functionaries. It is such provisions that made Justice Santosh Hegde an effective Lokayukta. Instead our Government decided to further dismantle the Lokayukta apparatus, possibly to avoid further embarrassment in the election year. It was a letdown like never before. It is not shocking that they disarmed the Lokayukta but the brazen manner in which they did it. To hell with public opinion! We have the numbers. Every time the assembly lets us down we take their deadly blows lying down. We do it when our MLAs steal an election or make mincemeat of the mandate
The provision to appoint retired HC Judges instead CJ of HCs or SC judges shall only make ‘pick and choose’ job easy. The government excuse that they cannot get suitable only exposes their incompetence in searching proper CJs of HCs or SC judges. The amended provisions that Lokayukta shall not to examine correctness of orders passed by statutory authorities or requirement of prior sanction before investigation in certain cases like CM, making the reports not mandatory upon the government shall convert the existing toothless body into another government vigilance department. Which retired HC Judge will want to be part of this farce and put his respect and dignity at the foot of the government is anybody’s guess. Respectable Judges do not want their work to find place in the dustbin. Justice Ferdino Rebello was spot on when he said the Lokayukta must be wound up. Why should state funds be frittered away to maintain such a façade.
(The writer is a practising advocate, sr. faculty in law and political analyst)
