Tuesday, 9 May 2017

comp-pm-220417-need for NQJAAC

File:Comp/PM/220417                                                                                 22 Apr 2017

Mr Prime Minister,

Greetings! Have a great day!

Before I proceed further I must express my helplessness in compromising with the twin requirements of brevity and comprehensiveness while writing to somone like you. You are the first Prime Minister that I know of who is working so hard, so focussed and with the best interests of the nation in your mind. The only other name I can recollect is of Sri Lal Bahadur Sastri. But unfortunately his term was cut short and we are still to know the truth behind his mysterious death in foreign soil.

Somebody had rightly said that those who condemn politics as the last refuge of a scoundrel are bound to be ruled by scoundrels. And we need not go further than our Constitution to realise how those who had inherited power from the colonisers let down the masses who had made tremendous sacrifices for the freedom they had struggled for. Law makers without any prescribed qualities, qualifications or experience, their men Fridays (popularly known as bureaucrats, who are required to help them in decision making by collecting and collating data and maintaining records) without any accountability but with all the scope for manipulations and a judiciary which has the scope for making the most arbitrary and whimsical decisions being held not only without accountability and beyond criticism but also protected by a totally illogical and weird armour called contempt of court, are the essential features of this Constitution in a nut shell.With such a Constitution and laws made under it, it is no wonder that governance in India had become synoymous with corruption and treason!

Now, I am also aware that you have no magic wand to do all that needs to be done. But still there can be a list of to do things arranged priority wise. And here is where all that thrust on Swatch Bharat and Make in India, however well intented and necessary, sound as hollow as Garibi Hatao of the 1970s.

Continued overleaf...


Changes must no doubt begin with government administration. I do not know if you have heard about the Independent Commission against Corruption of Hong Kong and how they cleansed the country of corruption in the 1980s. The reality in India is terribly worse. But nothing seems to be moving in that direction. I must say that much more than what has been achieved by demonetisation would have been achieved by conducting a surgical strike at corruption at the top echelons of the bureaucracy. Your thrust on Aadhaar can also be considered quixotic given the fact that a similar program had been discarded by much thinly populated but economically much stronger nations like the US of A, UK and Australia on two counts- privacy and cost. And we are a country where even after continuing with a program like PDS ever since independence, we cannot issue ration cards faultlessly! If you doubt my words ask the CM, Mr Pinarayi Vijayan, why the Food Security Act has not been implemented in Kerala so far!

The implementation of the Right to Information Act should be a case study on how laws should not be enacted only to be subverted with impunity by those very public servants who are tasked, empowered, equipped and paid to enforce them. I can state without an iota of doubt that had our justice delivery system been even 10 pc as effective as it ought to be all the information commissioners at the Central Information Commission and Kerala State Information Commission would be spending the rest of their life behind bars after being convicted under Sec 219 of the IPC.

That also brings me to the fact that all crimes, with exceptions, can be considered to begin in some government office. It starts with denial of mandatory services, progresses through bribe and culminates with judiciary asking for proof for demand of bribe for convicting the corrupt! You may like to recollect the case where a lower court judge in Gujarat had issued non bailable warrants against the then President and the then CJI after taking bribes. After the initial hue and cry the matter ended with the apex court exonerating the judge on the ground that he signs many documents in a day and he cannot be held guilty if some wrong documents had been signed by him! And one is yet to know of the results of the prosecution of the sting operators in that case for defaming the judiciary! And what has happened to P D Dinakaran who resigned the day before he was to be impeached? And the case where bribe money was delivered wrongly to one judge instead of another judge with a similar name?
Continued ...


The apex court may have illegally abrogated the National Judicial Appointment Commission Act and one can understand your helplessness. Hoping for the day when you will have atleast two thirds majority in the Parliament and one can work towards not only a National Judicial Appointment Commission  but also the more important National Judicial Accountability Commission with powers to try judges as per laws applicable to ordinary citizens and with double the
severity in punishments. Meanwhile what about all those quasi judicial organisations which are as bad or worse than the information commissions and even the courts? Don’t you think that a National Quasi Judicial Appointments Commission and a National Quasi Judicial Accountability Commission are equally needed and feasible?

I will sign off for now because when I start on this subject of transparency and accountabilty in government the volume could exceed Mahabharath and Ramayan put together. There are some blogs posted at http://raviforjustice.blogspot.in dealing with subjects ranging from ‘Who will judge the judges?‘ to ‘Will the army chief get justice?‘ and ‘Fraud in governance and redressal of public grievances‘ to ‘ RTI Act-Shailesh Gandhi and Schopenhauer's Law of Entropy‘ and ‘ RTIA-Exposing the Idiots and Traitors amoung Public Servants‘ to ‘ For whom the Soldiers sacrifice their Lives And Lifes…‘. You may like to peruse them.

To conclude, I only hope that this letter will be put up to you. But I also know that I can get through to you without any babus coming between us. So please do not be surprised if I have to post this as a blog and tweet the URL to you.

Jai Hind!

Regards and best wishes,

(P M Ravindran)

Sri Narendra Damodardas Modi
Prime Minister

7, Race Course Road, New Delhi

Note: This has been forwarded to Dept of Justice by the PMO. Its status can be checked at www.pgportal.gov.in/ViewStatus.aspx by entering registration number as PMOPG/D/2017/0195841

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