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The Mother India

  A Home page to achieve Electoral reforms, true democracy & citizens sovereignty in India

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From: "Lok Satta" <loksatta@satyam.net.in>

To: "Tirumala Srinivas" <corruptioneradication@yahoo.com>

Subject: latest position on the SC Judgment - 25th June

Date: Tue, 25 Jun 2002 18:26:00 +0530

Dear Friends,
The following are the subsequent developments in our campaign to get the Supreme Court judgment implemented:

1. The government has asked the Election Commission to approach the Supreme Court and seek extension of time to implement the judgment on the ground that they are willing to introduce a bill in Parliament.

2. Happily, the Election Commission refused to approach the Supreme Court. The Election Commission informed the government that they could on their own approach Supreme Court.

From the foregoing, the following possibilities emerge clearly:

1. The government will do everything possible to postpone implementation of the Supreme Court judgment. They will almost certainly approach the Court seeking more time.

2. Past evidence in case of CVC Bill and other issues shows that once a legislation is introduced, government will promptly forget all about it.

3. In any case, even if the government’s intentions are genuine, its ability to get the legislation approved by both houses of Parliament is highly doubtful.

4. From the Election Commission’s stance, it is clear that the Commission will pass orders before the deadline i.e. 2nd July 2002. While we have to await the order to see how effective it will be in forcing disclosures, we can be certain that they will not on their own violate the SC’s time schedule of 2 months.

Based on these, I suggest the following course of action:

1. On the advice of Justice Rajinder Sachar, we have prepared a draft letter to be sent to the Election Commission. The draft has been vetted by Justice Sachar and other activists.

The letter is being sent to the Election Commission formally on 26th June. We need endorsements of a few prominent Indians – preferably from judicial background. We also need endorsements of a few distinguished activists, former civil servants and respected elder statesmen. We do not need a signature campaign for this letter. What we need is endorsements and signatures of a few distinguished Indians. Dr N. Bhaskara Rao, Sri Promod Chawla and Sri Anant Trivedi may kindly get about a dozen signatures and send the letter to Election Commission from Delhi directly. Sri Sharad from AGNI may get a similar letter sent from Sri B G Deshmukh and a select few persons of eminence in Mumbai. The draft letter is being sent separately to all these four gentlemen.

2. We should do everything possible to ensure that the SC does not grant any further time to government on the plea that legislation is being introduced. I had a conversation with Sri Sanjay Parikh (advocate for PUCL), and he assures me that the parties to the case – ADR and PUCL will be served notices in case GOI files an application before the Court. Sanjay also assured me that there is little chance of the Court granting time now that the Court is on vacation until 8th July, and the judgment was given by a three-judge bench. This is reassuring.

ADR friends may like to seek the advice of Ms. Kamini Jaiswal and take appropriate action to prevent grant of more time. The Court clearly held that Election Commission has jurisdiction in the absence of a law. If Parliament wishes to enact a law, that is the constitutional right of that august body. And if a law is enacted, such a law will be in force, and Election Commission will implement it, subject to its constitutional validity. Meanwhile, Election Commission should exercise its powers under Article 324, as directed by the Supreme Court. The Court or Election Commission cannot wait indefinitely on the ground that government intends to introduce a bill before Parliament. As of now, legislative vacuum exists, and it has to be filled by the Election Commission. Therefore, it would be best if both parties to the litigation – ADR and PUCL act in tandem to ensure that we get what we want.

3. With the involvement of the cabinet, all-party meeting slated on July 8, and the public statement of the speaker of Lok Sabha, the issue is now out in the open in a very visible manner. We therefore have a duty to build pressure on parties not to resist the Supreme Court judgment. Therefore media exposure to the issue in all its dimensions may be valuable. Friends may do everything possible to ensure proper presentation of the issue in the media. Should any further information be required, please contact PUCL / ADR / LOK SATTA.

With warm regards


Jayaprakash Narayan
National Coordinator


Lok Satta
401/408 Nirmal Towers
Dwarakapuri Colony, Punjagutta
Hyderabad - 500 082
Tel: 040 3350778/3350790
Fax: 040 3350783
E-mail: loksatta@satyam.net.in
url: www.loksatta.org

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