More than admiration the single minded pursuit by the Anna Hazare team to enact the Lokpal Bill has started to cause surprise. The surprise arises from the team’s obsession with the Lokpal law as its avowed goal to end corruption while the government’s continuous delay and derailment of the raging ongoing corruption cases is being virtually ignored. Increasingly the Hazare team’s effort has started to appear more an attempt to divert attention from the current crisis than a genuine effort to fight corruption. Whatever the efficacy or otherwise of a Lokpal to fight corruption, whatever the final shape the Bill to enact the office might take, the exercise is unlikely to show concrete results before the end of this year. Meanwhile will India continue to be drained by corruption cases that are not resolved by the government? 

Easily the most glaring corruption case that is being assiduously delayed probing by the government is of course the one arising from the petition filed by Mr. Ram Jethmalani and others against the Union of India and others. The case relates to the black money of Indian citizens stashed in foreign banks. The centre piece of this scandal relates to the mind boggling case of the Pune Stud farm owner, Hasan Ali Khan.

By the government’s own admission Hasan Ali had deposited US Dollars 8 billion in the UBS AG Bank of Switzerland in just one of his various illegal foreign bank accounts. This account was discovered four years ago. It was also discovered that Hasan Ali had not filed his income-tax returns since 1999. Four years ago the Enforcement Directorate (ED) started investigation into suspected money laundering by Hasan Ali. After three years had passed the government blithely informed the media that investigations were still continuing. The Finance Minister also nonchalantly confessed that the government had no idea where Hasan Ali had diverted his 8 billion which he had withdrawn from the Zurich bank in all this time given to him. The Finance Minister told the media: “As and when the Income Tax Authorities will be in a position to prosecute cases against tax evaders you will come to know".

Tax evader? How is Hasan Ali a tax evader? Does not his astronomical illegal bank deposit indicate that the money was earned through crime and not from selling horses – the only visible source of Hasan Ali’s earning? Do not Hasan Ali’s foreign deposits suggest money laundering which itself is a crime? The government itself has revealed that Hasan Ali had collusion with Saudi arms dealer Adnan Kashogi.  If part of Hasan Ali’s money came from gun running it could well be connected to terrorism. The government was so brazen that it did not even launch a case of disproportionate assets against Hasan Ali. It is a fair surmise that the government refused to act against Hasan Ali because the biggest Congress leaders were involved in his illegal transactions. It might be recalled that Congress President Mrs. Sonia Gandhi’s Political Secretary Mr. Ahmed Patel secretly met with Hasan Ali, which was confirmed after a probe by the Maharashtra police. The purpose of that meeting has yet not been disclosed.

It was only after the Supreme Court started breathing down the probe team’s neck that some movement in the investigation became apparent. Hasan Ali along with his partner Kashinath Tapuriah was arrested. Nevertheless the Supreme Court remained dissatisfied with the pace of the investigation. Under pressure the government set up a High Level Committee (HLC) comprising top heads of investigating agencies to probe the case. For months nothing happened. The Supreme Court on July 4th passed an order converting the HLC into a Special Investigating Team (SIT) which was headed by two eminent retired Judges.

The government instead of welcoming and complying with this order decided to file a review petition against it on the ground that it violated the principle of separation of powers enunciated in the Constitution. However Article 142(1) of the Constitution empowers the Supreme Court to pass any order necessary “for doing complete justice in any cause or matter pending before it”. It remains to be seen how the Supreme Court deals with the government review petition. According to speculation among Supreme Court lawyers if the Court rejects the petition the government might make a fresh plea for a Curative Petition which would have to be heard by a larger bench of the Supreme Court.  That would mean more delay.

How brazen and shameless can the government get? And to what helplessness and impotence can the Indian public be reduced? Mr. Anna Hazare and his team should reflect. It is futile to focus on a distant Lokpal when justice is being raped under their noses. By all means pursue the Lokpal Bill. But why ignore the brazen cover up of corruption proceeding currently?