(Study Material for IPS LCE) National Security: Incorrigible Corruption By Dr. N. Dilip Kumar (IPS)

By:  Dr. N. Dilip Kumar (IPS)
Courtesy: Ministry of Home Affairs

Abstract

Corruption warps a man with wealth and equips him with various escape routes. The systems and rules come to his rescue, and he knows how to use them to avoid getting caught, and how to wriggle out if he gets caught. Detection itself is difficult, If detected, process of justice can be delayed, purchased, obstructed; witnesses won over, and Senior Advocates and Prosecutors can even influence the system by foul means for willy-nilly helping him. Since the trial takes ages, his name is not sullied, as “he is still not convicted” and is allowed to use this advantage to worm up again to a warm place.

Introduction

When it is considered brazenly normal that official decisions and actions are influenced by the glitter of gratifying gifts and not by the merits of mundane matters, defining corruption seems the least relevant. More so, when, dizzy with the agony, caused by this omnipresent virus, the society has already reconciled to it as a grim reality of a common, intractable and incurable affliction. From death certificates, disposal of dead bodies, to surgeries and supplies of medicines; from normal traffic challans to registration of FIRs, investigations to trial and jail; from ration cards to land records; from parking to hawking; from permissions for constructions to prevent demolitions; from purchases, processing of files, clearance of cheques to developmental works and welfare schemes; varieties of NOCs; and tax assessments; and even in administrative matters— from appointments and promotions to transfers and punishments— you name any Government activity, without a gratis nothing moves. With exceptions being very rare, the society is stupefied. Corruption warps a man with wealth and equips him with various escape routes. The systems and rules come to his rescue, and he knows how to use them to avoid getting caught, and how to wriggle out if he gets caught.

Detection itself is difficult, If detected, process of justice can be delayed, purchased, obstructed; witnesses won over, and Senior Advocates and Prosecutors can even influence the system by foul means for willy-nilly helping him. Since the trial takes ages, his name is not sullied, as “he is still not convicted” and is allowed to use this advantage to worm up again to a warm place. While uninhibited corruption is, therefore, used undauntedly for assuaging his avarice, society is (un)scrupulously silent.

While the Scandinavian countries, New Zealand and a few others have been able to contain corruption, we are still unable to understand, let alone control this menace, though we are signatories to the UN Convention with regard to corruption. In place of a spirited action, we only continue to believe in ritualistic motions, gurgling out statistics, or churning our brains at frequent conferences, which are crudely described by some as places of resultless intellectual shadow-boxing. Therefore, we do not even raise eyebrows when public servants insincerely follow the annual ritual of taking the grand pledge in a chorus:
“We, the public servants of India, do hereby solemnly pledge that we shall continuously strive to bring about integrity and transparency in all spheres of our activities. We also pledge that we shall work unstintingly for eradication of corruption in all spheres of life ...”, though we know fully well that it is broken the very next moment. It is, therefore, no surprise that all efforts made through vigilance and watch, penal processes and pledges, could not even prevent the spread of this virulent virus, leave aside its eradication. Though the road ahead looks fizzy without a salubrious solution to celebrate, there may still be some ways and means. Perhaps, Joseph Pulitzer rightly said -“There Is not a crime, not a dodge, not a trick, not a swindle, not a vice, which does not live by secrecy. Get these things out in the open, describe them, attack them, ridicule them in the Press and sooner or later, public opinion will sweep them away.”

By taking a cue from these words, and putting in quarantine the afflicted people through social boycotts and administering them the bitter medicine of fear of social stigma, additionally, we may succeed in combating this age-old disease, Society also has to change its attitude.

Like the transmigrating soul of an individual, the millennia-old virus of corruption has been evolving and erupting in new virulent forms, with effective mutations from time to time and resisting all the medications invented and administered. History is replete with many known instances. We are all familiar with the efforts made by Chanakya in controlling corruption as recorded in his Arthashastra, in which he compared a public servant with a fish stating that it is difficult to know if the fish in the water is drinking it or is just sleeping. Similarly, the story of an incorrigibly corrupt courtier of Akbar, who found another ingenious way to extract bribes when he was finally abandoned to count waves of the river Yamuna, is oft-repeated. He would stop the transiting ship for disturbing his duty of counting of waves and would thereby create an alibi for reaching a compromise with a bribe. During the British days, the impeachment motions against Warren Hastings and Robert Clive for their indulgence in corrupt activities, as also the efforts of the East India Company in defining misdemeanours of public servants and prescribing punishments for them, are familiar episodes.
Subsequently, while the call for “Quit India” reaching its crescendo was engaging the Government on the one hand and the Second World War sapping its strength simultaneously on the other, there were operatives actively siphoning off funds and exploiting the scarcities for making quick money. Now, as foretold by Dr. Rajendra Prasad, the country is witnessing unending squabbling for the crumbs of power by unscrupulous elements. Whereas, for attaining freedom for selfgovernance, emotionally propelled by ethical values, people made many sacrifices; those in governance, unashamedly fuelled by unethical avarice, are making huge personal gains. The ageold virus has travelled a great distance of time.

A Corrupt Gentleman! The Dichotomy!

It is a dichotomy that on the one hand, there are demands and expectations of honesty in public, while on the other, those who swindle the Public Exchequer and extort from the public in the name of governance are admired and virtually worshipped. Conspicuously, society is conspiring with the corrupt by treating them as its nouveau nobles. Big-wigs involved in big scams like Animal Husbandry, JMM bribery, Cash for Questions, Taj Corridor, etc., and in various Disproportionate Assets Cases, unabashedly continue in active public life, since the society salutes them with all smartness instead of stigmatizing and singing sayonara for them.
One does not even ponder over the fact that for acquiring illegal wealth, such ‘Noble’ souls have to commit a number of serious crimes like criminal misappropriation, criminal breach of trust, frauds, perjury, cheating, forgery, offences under Corruption Act, conspiracy, tax violations of various kinds, like stamp duties, income tax, sometimes Customs Act, so on and so forth. It is not a hyperbole to say that the nouveau nobles are the most dangerous criminals, living as parasites on public money and aiming for EI Dorado all for themselves. If we are to follow the laws of the USA, these persons would get such a cumulative punishment that they would never come out of jail in their lifetime. But, in our country, befitting the dangerous dichotomy, a number of such nobles, who should have been found secure in the confines of jails, are enjoying the security of black cats at a great public expense.

Voluntary Vigilantism v. Winking Vigil

Further, there is a glaring discriminative justice by the society. If a poor man, mostly due to compulsions of hunger and squalling poverty and sickness at home, is caught committing a petty crime, he may be meted out the roughest treatment by the very same person who loots the treasury silently. Even though the loss is petty, he can incite the mob for giving the criminal a lynch-justice.

As against this voluntary vigilantism, there is not even a winking vigil against the corrupt. Instead, there is complicity and compliance for various reasons. Sadly, such people are always found on the podia sermonising on eroding ethics and corrosive corruption in the society. Instead of feeling ashamed of shaking hands with such persons, we tend to queue up for this “grand” event. Even the venerated Godmen or Bhagwans honour them with a prominent place in the front rows and publicly shower them with special blessings by presenting gold rings produced from thin air, while blessing the common man with the cheapest ash or ‘bhibhuti’. A sanguine sage worth his robes, would use his talisman of tapasya to change the treacherous traits of his ‘corrupt’ clients; or would at least command such bolshoi ‘bhakts’ to reform themselves before they enter the portals of his sanctified premises.

Comparisons are odious. But, it will be an eye-opener if one makes the incomparable comparison of the loss to society through conventional crime and through corruption. It is common knowledge that even a small increase in property offences in a place results into a huge uproar, questions in the assembly, calling of explanations from the police and rolling of heads, though the total loss may not be more than a few lakhs, and all the offences may have been committed by a few gangs for beating hunger and sickness in their families. Moreover, it is the experience of any Police Officer that, given a chance of honourable livelihood, most of these criminals, barring a few recidivists, would not indulge in these shameless acts. Yet, for the society, they are criminals.

As against these crimes committed due to dire needs, we find a surprisingly large section of the society, driven by avarice, adopting foul means for easy money through the abuse of power and authority vested with them. Quietly, a public servant may work out a kickback of some crores of rupees in one single deal by colluding with a contractor. Or, he may simply extort in every single case and accumulate his collections. He may also take his fixed percentage of bribe in every developmental work. The loss to the country in terms of development is unimaginable. Corruption intervenes in investment, both foreign and domestic, and hampers our efforts to be a global economic power. Yet, we do not mind.

Furthermore, the dichotomy in treating the “corrupt” as ‘Nobles’, tragically, confuses young minds. They do not realize that no honest public servant can ever construct multi-crore complexes, and that such vulgar display of wealth is only a disgraceful manifestation of the extent of infection of corruption, shameless swindling of public wealth, and the number of crimes he had committed, though unpunished, during his career. He is only exposing his salacious sagacity in building his ephemeral empire which, in all certainty, will end up in litigations among his progeny. They commit crimes against the society. Yet, they are not antisocial! They swindle the wealth of the nation and may endanger the security of the country. Yet, they are not antinational! For the society, they are honourable gentlemen! They are the nouveau nobles! This disgraceful dichotomy of discriminative treatment by the precocious society eludes a fair explanation.

Government is not devoid of concerned and conscientious people. Indeed, for a tangible flight against this menace, serious efforts have been repeatedly made, almost once in every two decades. During the Second World War period, when some cases of amassing wealth through ill-gotten means were detected, a Criminal Law Ordinance, 1944, was promulgated to attach such wealth and also to declare illegal the transactions of transfers of such wealth. Delhi Special Police Establishment came into existence as an enforcing agency. In the same breath, the Prevention of Corruption Act was enacted in 1947. However, all the initial efforts drew a blank, and by the time of the China War, corruption among the political class had reached an alarming level (as per the standards of the day!), compelling the Government of India to appoint a Committee under K. Santhanam, MP, for suggesting ways and means to tackle it.

In addition to various suggestions, the Committee emphatically recommended amendment to the definition of the expression “Public Servant” in Section 21 of the Indian Penal Code so as to include Ministers and Parliamentary Secretaries and also said, “Next to the Ministers, the integrity of MPs and MLAs will be a great factor in creating a favourable social climate against corruption...”

In furtherance of the recommendations of the Santhanam Committee, the Prevention of Corruption Act, the IPC, the Cr.P.C. and other related Acts were amended. The Administrative Reforms Committee had been appointed to find out ways and means to eliminate administrative delays and other factors, which lead to corrupt practices. Finally, in the year 1964, Anti-Corruption Laws (Amendment) Act was passed, which considered overcoming the shortcomings in:

• Prevention of Corruption Act 1947;

• The Criminal Law Amendment Act 1952;

• The IPC, 1860;

• The Code of Criminal Procedure, 1898;

• Delhi Special Police Establishment Act, 1946; and

• Criminal Law Amendment Ordinance 1944, in order to make them more effective and to ensure more speedy trial of cases.

This enactment was followed by two more amending Acts:

(i) Criminal Law (Amendment) Act, 1966 and
(ii) Anti-Corruption Laws (Amendment) Act, 1967.

The high-profile agency of CBI also took shape in this laborious exercise.

Though, all these efforts set the systems in motion and created machineries and mechanisms to mount a counter-attack on corruption that was already brimming with confidence over its successful penetrations, another two decades were more than adequate for the fighting machinery to get completely overwhelmed with the deluge of corruption. There was total disillusionment and it was realized that social and political conditions of India had undergone a considerable change from bad to worse and the menace of corruption and bribery was uncontrollable. The laws and the machineries were lagging behind when the virus was forging ahead in its new forms and mutations, with a more vigorous penetrating power. There were no speedy trials for teaching the ‘corrupt’ strong lessons, and instead, the judicial drags came up as a heavy hurdle. Therefore, the Prevention of Corruption Act, 1988, was enacted with all the best of intentions and abilities of the Legislators. Various vigilance machineries of the Central Government and its agencies, and the Vigilance and Anti-Corruption Agencies of State Governments and their agencies, had already been created from time to time. Finally, the Central Vigilance Commission (CVC) was also established as a statutory authority. They have all been trying their hands in this mighty war, but with only occasional successes in a few cases, and prominently unsuccessful in causing any major dent to the malicious systems.

Any Redemption?

Unfortunately, the laws and the machineries have proved to be a mismatch in the fight against this pernicious virus. All their efforts were stultified and stymied by the virus that has replicated from over the years, penetrating all the vital organs of the body of the Government, leaving honesty a little space. Originally, Section 5, the premier part of the P.C. Act of 1947, was intended only for a period of ‘three years’, with the optimistic belief that corruption could be controlled within that period. But, with the feeble attempts not resulting in any success, it was substituted with the words ‘five years’ in 1950, and again, with the words ‘ten years’ in 1952. Ultimately, when the realization of the real monstrous potential of the fast-spreading disease dawned on the policy-makers, the Section had to be made permanent in 1957, with a fight-to-finish strategy. But it was found that, like the job reservation policy, ten years of persistent efforts and even the subsequent steadfast campaigns still did not produce any results. By the sixties, the situation was considered to be very grave warranting new solutions again. However, after a thorough assessment, while recommending various measures, Santhanam came out with a really redeeming declaration that most of the bureaucracy was not at all corrupt, and that they would certainly be able to take care of the few corrupt elements among the politicians. Parliament obliged by taking action on the recommendations of Santhanam Committee. But, in the course of time, even these efforts also belied the expectations and the onslaught of corruption, became much more virulent, prompting Rajiv Gandhi to remark in the eighties that not even fifteen paise per rupee were reaching the defined place of development. Thus, after another quarter of a century, the country was compelled to enact a more potent Act in the present form in 1988. Another two decades have passed by and yet, the results are still eluding the society. The Act is systematically being made impotent by the Omnipotent, and now Omnipresent, Nobles.

Licence Raj & Committed Bureauerany

All those who are familiar with the administrative history of the country, vouchsafe for the fact that, in the severe downhill slide of probity, the onset of emergency was the landmark year. The concept of bureaucracy as ‘committed’ to the Government and not to the Constitution emerged, dividing them into “my officer”, and “his officer” by the powers-that-be. There has also been a great awakening among the political class about their own powers and their potential in making quick riches with strong allegiance of ‘committed’ bureaucracy. The Licence Raj and the ‘committed’ bureaucracy set the new culture of corruption in motion. As a result, in place of a cathartic ‘change’ foreseen by Santhanam, corruption has only catalysed the proliferation of ‘committed’ bureaucrats.

Further, with the ‘weapons of mass destruction’ of transfers, and victimization, dangerously dangled and unscrupulously employed by those in authority, truly honest bureaucrats have become an endangered category. And, with the powers of the executive usuriously usurped by the policy-makers, subtly slashing initially and crudely crushing in course of time, the erectile strength of the steel of bureaucracy has eroded to give place to the might of malleability. Thus, bureaucrat guiding the political authority in following the rules for governance is a thing of the past; diktats of the political authority now act as determinants of the matrix of governance. As a consequence, evaporation of the Rule of Law has steadily become an effervescent reality and the constitutionally- created institution of the Executive has only become a precarious precipice. A new order has emerged, in which political and bureaucratic corruptions have become complementary to each other. Many scandals have surfaced. And, quite many have never seen the light of the day.

Election & Corruption

Though the reasons are many, perhaps, expensive elections are one of the real causes ·of political corruption, The corporate sector has had a big role in this regard; yet, it is the criminalization of politics that has totally exacerbated the situation, since criminalization and corruption are intricately intertwined. Undoubtedly, with the induction of criminals into the system, corruption has become the norm in governance by decimating the glorious values and allegiance to law prescribed by the Constitution. While people launder illegal money with the aid of layering systems, criminals launder themselves with the aid of politics. Finding it an authentic route to respectability, criminals and cronies
are joining the jay-walk in droves. In addition, in connivance with those in power, touts and henchmen create extra centres of power for collective looting and collective sharing. The marshy mangroves of criminals have, thus, proliferated in the governing systems. This dangerous degeneration has been emphatically exposed when the nexus between the corrupt politicians, bureaucracy, businessmen and the criminals was clearly brought out in the Hawala scam and the Vohra Committee report. After all, a corrupt public servant is also a criminal. With both the junior and senior public servants drawing their immunity and protection from the same source of power, everyone turns a Nelson’s eye towards the other wrongdoer. The moral authority to curb corruption thus waning, they close ranks and tacitly agree for collective looting. Percentages are fixed as commissions as per the rank and role of an employee, like in the engineering Sections. Perhaps, for them, such collective action is a new culture and a new order, not a crime.
Further, even though the Heads of Departments are primarily accountable for controlling delinquencies within their departments, they weirdly watch the degeneration and Ioot, either due to complicity or cowardice. Their eerie silence is mysterious. Even if criminal cases are made in dozens, no action is taken against the HoD and the charge of vicarious responsibility is only invoked for selective victimization. Under these circumstances, the invasion of corruption is far and wide, and deep, as can now be gauged with the yardstick of the ratings of Transparency International, the Berlin-based International NGO. Their Corruption Perception Index (CPI) of 1998 ranked India at 66 in the list of 85 countries.

No Redemption in Sight

In spite of all the efforts there is no redemption. In the wake of the announcement of the Hon’ble Prime Minister for “Zero Tolerance” of corruption in 1999, N. Vittal, the then CVC, in all sincerity, set a goal for him to see that before he handed over charge on September 2, 2000, India’s rank improved to at least 40, if not 30. However, all his efforts were in vain since instead, there was only a decline in the CPI. By 2002, we were placed at 71 in the list of 102 countries, compared to the rank of 69 out of 90 in the previous survey. Even the CPI score (in a scale of 10) came down from 2.8 in the previous survey to 2.7 in 2002. As regards those responsible for the state of affairs, Peter Eigen, the then Chairman of TI said, “Corrupt politics elites in the developing world working hand-in-hand with greedy business people and unscrupulous investors, are putting private gain before the welfare of citizens and the economic development of their countries.” Regarding the disastrous consequences, the then Vice-Chairman Tunku Abdul Aziz said, “Corruption continues to deny the poor, the marginalized, and the least educated members of every society the social, economic and political benefits that should properly accrue to them, and benefits that are taken for granted in societies that have managed to shake off the yoke of corruption.”

Though, these remarks aptly apply to lndia as well, we are notoriously nonchalant, and have no inclination or pride in emulating the good practices in the countries with a CPl score of higher than 9, like Finland (9.7), Denmark (9.5), New Zealand (9.5), Iceland (9.4), Singapore (9.3) and Sweden (9.3). ln the latest ranking of 86 out of 180 countries, we only take solace in the fact that there are about 100 other countries which are worse in the ratings.

Not surprisingly, the Hon’ble Prime Minister’s call for “Zero Tolerance” of corruption had no takers even among the Chief Ministers of States ruled by the same political party, whereas the “zero size” target of Bollywood queen Kareena Kapoor may have a million followers. It needs real vigorous efforts. But, in place of a positive corrective action, we find only mercenary machinations of many Governments in making their machineries of anti-corruption and vigilance either toothless or using them as tools to browbeat those who oppose their diktats. Postings in these agencies are converted as PAPs (posting at a premium), depriving the systems of the moral authority to enforce the law of anti-corruption. They only promote the principle of selective amnesia and impartial actions are never solicited. Even in our wildest dreams, we cannot think of a situation in our country like that in the USA, where Obama invited a small provincial officer Sgt Crowley to the White House for beer, by calling as outstanding officer, when the Police Officer off base” in calling the police action as “stupid” in the episode of a Harvard Professor. Objective commitment to law in our country is a rarity. On the contrary, the corrupt within the Government are extremely powerful and can even meddle with law-making itself. Before the P.C. Act, 1988, came up for enactment, the “Single Directive” was first subtly introduced through an administrative measure, so that no action could be initiated against senior Government servants, without prior approval of the concerned Ministry. A gaping hole was thus created as an escape route for the “committed” bureaucrats. When the Supreme Court decided against the “Single Directive” in the PIL in Vineet Narain’s Case, it was again firmly embedded in the CVC Act through enactment. Vexatious and malicious prosecutions, no doubt, need to be curbed, particularly against those who are vulnerable in decision-making. But, at the same time, there should not be any undue protection for the corrupt.

Similarly, corrupt people with clouts take refuge in the subterfuges carefully knit into the systems. One glaring subterfuge is the sanction for prosecution required under the Prevention of Corruption Act. It is beyond anyone’s comprehension why such a sanction is needed in case of somebody, who is caught red-handed while taking bribe, or when he accumulates wealth disproportionate to his known sources of income. Such crimes are committed in his individual capacity and not in the official discharge of his duties. Moreover, when the concerned agencies act on the evidence collected, the question of malicious or vexatious prosecution also does not arise. The systems are indeed so designed.Thus, the simple sum up is that the genome of recalcitrant corruption remained intact and the anticipated ‘change’ has not come about. Focus on punishment as a method has not produced the desired effect. Focus on preventive vigilance and transparency also has not brought out the desired change. Pledges and publicity have not added a wee bit to the conscience of the corrupt. CPI has only deteriorated. And, there is no redemption so far. Perhaps, a pragmatic proactive approach may be the answer.

A Pragmatic Approach

In our search for new alternatives in this war, the path-breaking approach of Tehelka comes first in the list. When Tehelka.com opened up a new vista in March, 2001 with its Operation Westend, it created quite a sensation. This exposure of potential corruption in an important field like defence purchases, shocked the people, and rattled the political class. Now, in the BMW case, the Supreme Court, while upholding the judgement of Delhi High Court convicting the Counsel for Contempt of Court, appreciated that the NDTV telecast had rendered valuable service to the important public cause of protecting and salvaging the purity of course of justice, and exposed the conspiracy to undermine the BMW trial. Capturing incriminating evidence and exposing the corrupt is the plain lesson. When technology provides various means to capture concrete evidence to prove the guilt of the accused with great certainty, anti-corruption agencies need to utilize its benefit to the fullest, particularly when there are constraints in enhancing manpower resources and their skills and commitments. Since Delhi is a corruptionridden State, within the meagre resources available, some measures have been initiated in the recent past by the ACB. Technology was put to considerable use. Initially, in order to ward off motivated complaints in trap cases, voice-recording with the help of mobile phones was introduced in the beginning of 2008. Only after a convincing recording about the demand, etc. was available, traps were organized. This introduction of audio, and later, video-recordings, in the course of time, became a revolutionary measure. In all traps, and other cases, it served many a purpose:

• Motivated cases are prevented.

• Evidence of demand and acceptance, even intimidation and extortion, are available through their conversations.

• Evidence of bribe already paid under compulsion is retrieved through further conversations.

• Gang operation becomes visible.

• Even on ‘demand’ we can make cases.

• Using of the subordinates as linkmen or conduits by senior officers is evident.

• Frauds committed in conspiracy with private persons are clearly brought forth.

Over 50 cases have been registered with the help of the complainants and use of secret audio and video equipments, and more frequently, mobile phones. Each case was worked out with a different script suiting the particular situation and gradually a new specialization of scriptwriting evolved. A few examples are cited below to highlight the exposure of different modus operandi of the corrupt operators.

Licensing fraud in Transport Department

Touts and Motor Vehicle officers all over Delhi‘ have made a mockery of driving tests being conducted for issuance of licences. Secret video-recordings made over a period of one month exposed the farce of the tests. Vehicles moving at the most two to three inches with driving instructors accompanying in the same vehicle; coded system of applications being handled by touts and their nexus with officers; along with the approval and passing of bribes, were all captured. Instead of the MV Inspector, it was his favourite tout, who was conducting the farcical operation. In our raids, all the relevant documents along with the bogus entries, were seized. As many as 12 persons, including the Motor Licensing Officer, policeman and touts were arrested in the case. Our action and the attendant publicity compelled the Department to adopt some transparent methods.

Desilting of drains in MCD: Annual desilting of drains to prevent waterlogging in Delhi is an exercise involving crores of rupees. The Municipal Corporation pays the contractor based on the tonnage of silt
removed, transported and deposited at the dumping site in the outskirts of the city. Our secret video-recording established that no desilting had been done, and instead rubble, etc. from a nearby construction site was lifted on payment and deposited at the designated dumping site in collusion with the Engineers of MCD. On one single night, as many as 41 trucks loaded with rubble were moved from a nearby construction site and deposited at the dumping yard. The engineers at the weighbridges fraudulently showed in their computer records the quantum of slit brought by these trucks from the contracted drains. Thus, the contractor was entitled for payment for the silt as well as the transportation charges for 25 km per truck. Of course he was already drawing an amount for removing the rubble from the construction site from the private party. The entire modus operandi was captured in the recordings and in our raids bogus documents were seized. The concerned engineers and beldars as well as the private contractor, who all colluded in the fraud, were booked. Some corrective measures were later initiated by the MCD.

Social Welfare Department: Funds allocated by the Government for running of various Homes were being systematically swindled for decades by the officials and private persons. The funds are meant for destitute women, children, beggars, lepers and so on. Constant endeavours by some NGOs to reveal the frauds through complaints, RTI, etc. could not bring about any change. Even the PILs in the High Court that resulted in certain directives to the department ended up only with vanishing of records and changing of the modus operandi. The frauds had been in operation for decades and even involved senior officers like Joint Secretaries and others and crores of rupees were misappropriated fraudulently. The administration was impervious. Based on various inputs from the NGOs and certain audio-recording conducted with their help, ACB could register three cases. The fraud was busted and it was found that virtually, a parallel Social Welfare Department was being run by a private person from his house, where the indents, notings, purchase processes, quotations from reputed agencies like Kendriya Bhandar, comparative statements, etc. were all fabricated to favour certain bogus suppliers by inflating the prices manifold. Generally, there were no supplies, undersupplies or low-quality supplies. Over a dozen accused, including two Joint Secretaries, Superintendents, and others were arrested with clinching evidence and all the fabricated records and recording systems were seized from the private person. This action of ACB, and extensive publicity antagonized many Government officials, since the Government was compelled to replace the decades-old fraudulent systems with relatively better methods.

Cases registered purely on demand of Bribe

Municipal Corporation of Delhi: In a case of de-sealing of premises, a Deputy Commissioner of MCD demanded Rs. 2 crore by using his Assistant Engineer as the middleman. Even though the Supreme Court’s monitoring committee issued desealing orders, the officials of MCD did not relent. After proper evidence was collected about the demand, the conspiracy and the official favour that could be done, etc. through various recordings, the officials were arrested in the case.

Seniors using the Subordinates

Engineers of MCD: Secret audio-recordings conducted with the help of the complainant contractor clearly revealed the demand of bribe on the part of the Assistant Engineer for clearing his bills. Similarly, the recording with the Executive Engineer, who was the authority to clear bills, revealed the nexus of both the officers and also, interestingly, about the coded language used for the bribe to be paid. The coded sentence: “Have you started the work?” means whether the bribe was already paid or not. Both the Engineers were arrested when the Assistant Engineer accepted Rs. 50,000/- as initial payment on behalf of both of them.
SHO of Sarita Vihar: Audio-recordings clearly revealed that a Beat Constable and a Head Constable demanded Rs. 10,000/- from a poor man living in a jhuggi for his action of pruning a tree, threatening that a case would be registered for illegal felling and also that they were even paid Rs. 30,000/- earlier by another party in a similar case. The conversations recorded linked up the share for the SHO also. The role of the SHO was later confirmed in a separate recording with him. All of them were arrested after a trap was laid in which the beat police was caught red-handed, accepting the bribe. The conspiracy was very clearly evident.

Gang Operation

Slum and JJ Department: In a simple civil dispute about a common wall involving two neighbours, the JJ Department was also a party for providing their comments to the court. The Kanungo, who was incharge of the area, went to the defendant’s house along with three other Kanungos/Patwaris, who had no jurisdiction over this area, to overawe the defendant and his family with their authority, and demanded a bribe for giving a favourable report in the Civil Court. The video- and audio-recordings indicated how this pack of wolfs prowled together to intimidate a common man. They were caught red-handed accepting the bribe.

Retrieval of Evidence of Bribe already paid

Case against policemen in Crime against Women Cell (CAW Cell): In a complaint of dowry harassment, a bribe of Rs. 15,000/- was already accepted from a person by applying all kinds of duress on him and his family. But, when there was a demand of another Rs. 10,000/- from the poor man with the threat that his two children aged 10 and 12 would also be implicated in the case of dowry harassment, he approached ACB full of tension and tears. A proper script was given to him, so that he could enter into dialogues with the officer and others, who were all involved in the matter. The audiorecordings made were full of evidence. The culprits shamelessly spoke about the money already accepted, the way it was shared among themselves, and the requirement of further money. A trap was laid and all the three officials, including a lady Head Constable who had originally brokered the deal, were caught.
Case against the Special Staff of North- West District: A case of silver stolen from a jeweller in another district was handled by them when they stumbled upon a gang. A number of persons were arrested. But, in the process, some real culprits were let off and a few other jewellers were nabbed and after taking substantial amounts of bribes, some were kept out of the case, while the others were implicated. Apart from demanding and accepting huge amounts of bribe, a substantial portion of the sliver was swallowed. The recordings done from time to time revealed the roles of a number of Police Officers, including the ACP, with regard to raids conduced, amounts illegally collected and false recovery shown from places that were not even visited, etc. The recordings clearly indicated the amounts of bribes demanded and accepted overnight on the first day and subsequent days, and also regarding the illegal detention and torture of persons over long periods. The intention of the officers was not bonafide, as revealed from various recordings.

Conspiracy with Private Parties, Advocates, etc.

Crime Branch Inspector: A high-profile Crime Branch Inspector of Deihl Police was arrested along with a Senior Advocate and other two policemen in a case of conspiracy, demand and acceptance of bribe. An amount of Rs. 26 lakh passed hands and it was the Advocate, who was the Police Counsel
for many years, who acted as the conduit for the Inspector. The conversations were recorded in video- and audio-recordings with the help of the complainant, whose father was arrested in a murder case by
the same Inspector, allegedly on framed charges. It was for helping him in the matter of bail and in diluting the charge-sheet that the illegal gratification was involved. All these accused spent considerable time in jail after their arrest by ACB.

Case of Sangam Vihar PS: A Journalist was acting as a tout for the Sub-Inspector of a Chowki and his staff. With the help of the complainant, who was doing a legal business of scrap from a steel firm, audio-recordings were done to establish the Iink between the Journalist, the SI and his subordinates. There was a clear demand for a lump sum payment of Rs. 75,000/- and also for a monthly of Rs. 4,000/-. Since the complainant’s premises were under seize by the policemen, he had no option but to make an initial payment of Rs. 60,000/- to the SI and another Rs. 20,000/- for the staff. The recordings helped us in retrieving the facts of earlier payments, which were made under duress. They were caught red-handed while accepting the balance amount of Rs. 15,000/-.

Institutionalized Corruption

Case in New DeIhl Municipal Corporation (NDMC): The help of the complainant, who was running a small eatery along with his regular floral business, was taken to conduct over 30 recordings over a period of one month. About 20 persons were the subjects of the video- and audio-recordings. They included officials of Police, Labour Department, Health, Sanitation, Water Supply, Enforcement of NDMC, etc, who were demanding and accepting their monthly illegal gratifications. Failing such
payments, various kinds of harassments were meted out and goods were confiscated only to be released later on higher premiums. With very clear evidences available against 17 persons, all of them were arrested the same day in a single operation. The arrests and the extensive Media coverage created a very high impact in the State and the NDMC Administration was rattled.
Traffic Police: Three-wheelers from U.P. are allowed to ply in Delhi very freely on a monthly payment of good amount of bribes. The local auto-rickshaws are, however, challaned for petty offences and regular demands are made by the police. A number of touts operate on behalf of the police. With the help of a complainant, videoand audio-recordings were made over a period of almost a month and the racket of institutionalized corruption was exposed. As many as 5 policemen and others were arrested.

Some parts of the transcripts of conversations of the accused persons in a few cases noted below provide us a glimpse of the underworld of corruption. But, for the use of technology, it would have been well-nigh impossible to collect such irrefutable evidences.

Case of Crime Branch

Inspector: “... because of this reason I have helped you much more than what is required and which cannot be done by others even if you pay rupees fifty lakh. And, you have paid only a very nominal amount.” “Wherever I have to support you, I would be keeping quiet in the court.”

Case of Sangam Vihar

Journalist to SI: “Sir, should I pay the amount to Anil (Ct), and would there be no problem?” SI says that there would be no problem. Complainant to Journalist: “Sir, I do not have more than Rs. 60,000/- with me. Please manage with this amount since I cannot produce anymore. Don’t pressurize me further.” The Journalist says, “No, since the SI agreed only for one lakh he would not take anything less.” And, he further adds, “Tell me when you will pay the balance amount? Is it tomorrow, or the day after? Be sure.” SI, who was present, advised the complainant, “OK, pay it day after tomorrow.”

Engineers’ Case

Complaint to AE: “I will make your payment by taking some loan; as of now I have some amount and you may take it.” The AE, while refusing to take the money, comments: “This is only a change, keep it with you.” He adds, “You bring the total amount along with the previous balance of Rs. 40,000/-.”
Complainant with EE: “Sir, AE was suggesting that I could pay your share also through him.” The EE then tells the complainant, “You start the work first and then talk to me.” (Records prove that there was no work pending to be started, and the complainant confirms that to start the work means to make the payment of bribe before the cheque is formally cleared for payment.)

Case of Transport Department

Constable narrates his conversation with the SHO, who posted him for the Transport Beat. He says: “I told him that I paid him lakhs of rupees. When he asked for details, I explained that I paid him for nineteen months @ Rs. 40,000/-, thus in all rupees eight lakh.” The rate for clearance of a licence was enhanced from Rs. 200/- to Rs. 500/-. The touts plead with the main tout, who works for the Inspector and conducts the tests, etc., “We have learnt that the Inspector is taking Rs. 200/- from some touts, whereas you are collecting Rs. 500/- from us.” The main tout replies that he himself was paying Rs. 500/- per case since the Inspector would not discriminate in collecting money. He also says, “Since the MLO does not reduce the amount, the Inspector also cannot.... It is the MLO, who gets the major share.”

NDMC Case

One Enforcement Inspector ‘X’ of NDMC is a very well connected and powerful officer. Another Inspector speaks to the complainant: “Do the work of ‘X’ first.” When the complainant said, “I paid the amount only on 10th of this month... it was of last month”, he was advised to make payment to ‘X’ for the current month within a day or two. The complainant was alerted that in case of any message from ‘X’, no one would be able to help him. Therefore, “do his work first”. The inspector ‘X’ to the complainant: “For this month, make the payment on Monday and later, I will let you know through whom to make the payment in future.”
One Constable (in the presence of another Constable) tells the complainant: “Pay us first, then pay the SHO and afterwards pay the Division Officer. Lastly, you can pay the Head Constable. One can run the shop only this way.” Assistant Labour Commissioner refused to take Rs. 500, and says: “No. Keep it with you. What can I do with this money? Forget about it. Even a Chaprasi would not take this petty amount.”
Case against the Special Staff of NW district Head Constable to the complainant (brother of arrested person): “Have you brought the full amount.” The complainant says, “No, I have made arrangement for Rs. 1.25 lakh and am trying to arrange the remaining seventy-five thousand rupees.”
When he confirmed that he was carrying only rupees ten thousand with him at that time, the HC responds, “This ten thousand was brought for what purpose? There was no need to bring this ten thousand. Sahab will object to it and others will also object to it... As I told you bring the total amount or at least bring 1.25 lakh (what you have arranged).
ACP: “...When this person (brother of the complainant) was brought here, the silver was not with him.... This man had to be illegally kept for four days with us since the other accused arrested were already handed over to the PS”... “This two lakh seventy thousand, which you are mentioning is like this, two lakh were taken first. Later, Rs. 50,000/- was taken in my name. Twenty thousand more were taken separately.”

Case against Dy. Commissioner of MCD

Complainant to the DC in the ante-room of his office: “You are like my younger brother.” DC: “Yes, I am like your younger brother. I told him (AE) to be reasonable in doing your work. Sit with him for a couple of minutes and work It out.” As soon as the DC leaves this ante-room, the AE enters with a briefing from the DC.
Complainant: “How much should be paid initially.”
AE: “If you have to get your work done, there is nothing like initial or final. Whatever is the settled amount, it has to be paid.” Prior to this, a number of conversations took place in which a clear demand was made for Rs. 2 crore for de-sealing, at the rate of Rs. 1 crore per motel, and attempts were made to scale down from this demand over a period. Subsequently, with the guidance of ACB, the officials were confronted with all these conversations again and they had agreed about these developments,which were captured in proper audio-recordings. Thus, the incriminating conversations, which were not recorded earlier, were retrieved in the subsequent recordings.

New Methods in Conformity with Law

It is now certain that use of technology is inevitable in order to prove a case of conspiracy, demand and acceptance, intimidation, extortion, gang operations, etc. Courts have also endorsed their appreciation of our efforts by invariably rejecting bails of accused persons based on the convincing CDs and transcripts produced by us. There is no ambivalence about the admissibility of the evidence so collected.
The Apex Court in Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdas Mehta, AIR 1975 SC 1788 case clearly laid down that taperecorded speeches were “documents as defined by Section 3 of Evidence Act”, which stood on no different footing than photograph. Tape-recorded conversation is nothing but information stored on a magnetic Media. In the same case, the Apex Court considered the value and use of transcripts recorded there at the time of transcription and the evidence of the makers of transcripts as certainly corroborative, because it goes to confirm what the tape-record contained. The court also made it clear that such transcripts can be used by a witness to refresh his memory under Section 159 of the Evidence Act and their contents can be brought on record by direct oral evidence in the manner prescribed by Section 160 of the Evidence Act. Thus, the importance of having a transcript of the taperecorded conversation cannot be underestimated. The same ensures that the recording is not tampered with subsequently. As for admissibility of such evidence, conditions were laid by the Apex Court in the case of Ram Singh v. Col. Ram Singh, AIR 1986 SC3, as under:

• The voice of the speaker must be duly identified by the maker of the record or by others, who recognize his voice. Where the maker has denied the voice, it will require very strict proof to determine whether or not it was really the voice of the speaker.

• The accuracy of a tape-recorded statement has to be proved by the maker of the record by satisfactory evidence, direct or circumstantial.

• Every possibility of tampering with or erasure of a part of a tape-recorded statement must be ruled out, otherwise it may render the said statement out of context and, therefore, inadmissible.

• The statement must be relevant according to the rules of the Evidence Act.

• The recorded cassette must be carefully sealed, and kept in safe or official custody.

• The voice of the speaker should be clearly audible and not lost or distorted by other sounds or disturbance.

Regarding identification of the taped voice, the court’s directions are that proper identification of such voice is a sine qua non for the use of such tape recording. Therefore, the time and place and accuracy of the recording must be proved by a competent witness and the voice must be properly identified (Yusufalli Esmail Nagree). Keeping in view the legal guidelines, over a period of one year, experience was gained and expertise developed to provide the most appropriate script to the complainant, to elicit and record the most required evidence from the accused persons, which would meet the needs of trial at a later stage. Further, new methods were evolved to strengthen the evidence collected.

The CD is played before the accused and Panchas, and the conduct of the accused is recorded in a Panchnama. Usually, the accused is tense and repents for his actions. Similarly, the voice in the CD is got identified with the help of officials, who are in regular touch with the accused. As far as possible, video-recordings of the proceedings of the Panchnamas are made. Statements of Panchas are the additional evidences in the case. FSL opinion is sought in all cases to ascertain that the CD was not tampered with or doctored, and also for voice identification with the samples taken by them. The process of investigation has been simplified, since most of the required evidence is collected even before registration of the FIR.

Success of our Mission

Success in ACB case depends on the quality of evidence collected, and the utmost secrecy maintained till the time of registration and raids. Use of technology for recordings gave us ample time for collection of adequate evidence before a case was registered. Further, since we adopted a method in which only the complainant and senior officers are privy to the matter until the FIR is registered, there is no chance of any leakage and the case is invariably successful. The evidence collected is so indisputably strong that the prosecution and ACB are very confident of the results of trial, when they are concluded. We only wish the trials are much faster, so that there is relief from this ordeal for the prosecuting agency, the victim, society, as well as for the accused.

A series of cases successfully registered in a range of notoriously corrupt departments, like the cases of Transport Department, MCD desilting fraud, SHOs, Crime Branch Inspector and Advocate, 17 persons of NDMC, Deputy Commissioners, scores of Engineers, Policemen, cases of Social Welfare Department, etc., resulting in the arrest of gangs of officials, particularly senior officers and their cronies, in each case in one go, created enormous impact in these departments as well as in the public.

Like the mythical Brahmastra, which is employed only against a leader and not against the foot soldier, the meagre resources of ACB were targeted against the seniors and gangs for causing the maximum impact. Reduction of lower-level corruption was only an attendant consequence. Thus, we could replace the system of sustenance on surrogate statistics with reliance on regal impact. Judiciary as well as the Print and Electronic Media played a great role In support of the campaign. While the Judiciary was absolutely firm in rejecting bails, the Media gave extensive coverage.

Transcripts and, at times, videoclippings were published/telecast with the objective of creating maximum awareness and deterrence. Since the material available in the recordings and incorporated in the FIR and sent to the court was very strong provable evidence about the certainty of the involvement of the accused, and since no false cases were possible in such a mechanism, the entire Media took up the cause with great zeal and commitment. If one has to wait for the final conviction for giving publicity, the impact would never be felt. It was reported that for the first time, the presence of ACB, Delhi, was strongly felt and that over five decades of complacent, corruption was rattled and the systems were shaken. The fear of certainty of possible punishment in view of innovative recordings, coupled with the intense publicity causing a social stigma, worked out as the best method of treating deterrence. The credibility of ACB as an honest professional organization has etched in the minds of the public. While the honest people were rejoicing, the patrons of corruption were placed in a piquant situation, and for all the corrupt public servants, ACB was no longer a nursing nanny, but turned out to be a nasty nightmare.

The rating for good governance soured high for the Government. However, the corrupt segments and lobbies of such officials in the administration were the most worried lot, and as expected, they finally succeeded in bringing curbs on Press interactions and publicity to prevent exposure of the culprits. In order to kill the spirit of proactivity, they also ensured that no resources were provided to ACB, being aware that sustained activity is not possible without Government support. There were adverse comments of some helpless (“committed”) officials in the administration that the work of ACB was only a publicity stunt. But, it was common knowledge that the contribution of ACB was due to a genuine effort with a missionary zeal against many odds and hurdles.
The spirit of the officers, however, remained undaunted. “When I’m not thanked at all, I am thanked enough; I’ve done my duty and I’ve done no more”, said Henry Fielding. One has to agree.

Ads and Notices against giving/taking bribes exhibited on premises of Government offices and the annual ritual of billboard signs and bumper stickers that read “Anti-Corruption Week” will not suffice. Pledges do not change mindsets. The insignificant results achieved so far have exposed the total inadequacy of various methods available with the different agencies dealing with prevention of corruption. Tehelka exposure has only reiterated it. We need to learn a lesson from the systems in the village councils in tribal areas like Arunachal Pradesh, which impose punishments for various offences as per their customary laws. There the punishment is prompt and is considered as a social stigma. In social life too, the culprit is debarred from participation in some rites and rituals. The miserable life led by him works as the biggest deterrence for the other.

Therefore, apart from the methods already in place, it is the proactive element with the use of technology; and the bitter medicine of social quarantining and constant exposure of the corrupt, that is essential to bring relief to the silently suffering public. The agencies of ACBs, Vigilance and CVC need to be filled up with officers with proven traits of innovation, integrity and proactivity. PAPs have to stop. Trials should be virtually instant. It goes without saying that the community’s help is indispensable in the fight against corruption. But, they will participate in the task wholeheartedly without any inhibitions only when adequate faith is instilled in them. It is our experience in Delhi that sincere and genuine proactive efforts were fully endorsed by all cross-sections of people, since they found a breather and relief for the first time.

The adage of Edmond Burke, “The one thing necessary to the triumph of evil is that good men do nothing” applies to the good men in the Government, Media, Judiciary and Society. To drive the droves of criminals away from governance, good men have to join in larger droves in the movement. The Nation awaits the ‘anti-corruption brigade’, as a sincere citizen puts it. It is urgent, since seven decades is too long a period in this combat. Otherwise, corruption will demolish the confidence of the few unpolluted individuals and the society will eventually have to pay the penalty. Plato said perfectly, “The penalty for wise men, who fail to participate in the Government, is to live under the Government of unwise men.”

Courtesy: Ministry of Home Affairs