Thiruvananthapuram: It may be argued that the late former chief minister K. Karunakaran had gone down with the scar of palmolein scam because the Vigilance prosecution system has been callously lethargic, delivering justice neither to the victim, in this case, the State, nor the accused. Going by the pace of Vigilance prosecution in the palmolein case, it may well be over when there will be none left to defend.
Corruption is so pervasive that the media and the public take note only when sensational cases are raked up either by the Opposition or by the media through exposes. Kerala's experience with anti-graft campaigns shows that muckrakers are content with short-term gains than the lasting benefits to polity by taking the case to its logical conclusion. In many cases, party politics overrides lofty idealism.
The most telling example is the CPM's uninhibited ganging up with the short-lived Democratic Indira Congress, formed by K. Karunakaran. Palmolein case was no deterrent to the party's dominant faction cosying up to the DIC although it was a major campaign plank within and outside the Assembly.
Even the Supreme Court conviction is no dampener to the latest bonhomie between the LDF and KC(B) boss R. Balakrishna Pillai. Doesn’t it sound ironic that Mr Pillai, sentenced for corruption, is in league with the LDF to fight corruption?
The oft-quoted ‘Caesar’s wife must be above suspicion’ has come back to haunt the Kerala Congress veteran, Mr K. M. Mani, who taunted the late C. Achutha Menon with the same poser during a debate in the Assembly.
Now it goes to the dubious credit of Chief Minister Oommen Chandy that his Cabinet recommended the withdrawal of the palmolein corruption case, which the court red-flagged.
Former Vigilance director K. J. Joseph says that withdrawing corruption cases is a new phenomenon. Criminal cases used to be withdrawn citing political vendetta but derailing graft prosecution through an executive order is the latest trend and has to be nipped in the bud.
Given his knowledge and experience of the VACB, Mr Joseph says the major scourge is thriving bureaucratic corruption. Political corruption has been enriched, aided and abetted by colluding bureaucrats. Whenever honest bureaucrats with spine have resisted corrupt moves, politicians have either backed out or entrusted pliable bureaucrats with the job. Corrupt bureaucrats and wily politicians keep the vigilance system understaffed, ill-equipped and slow-paced in litigation.
Former Vigilance director Vinson M. Paul had recommended posting only officials with a clean track record to the VACB and ensuring a minimum three-year tenure to them lest punitive transfers hang over their heads like the sword of Damocles.
Another recommendation was to set up more Vigilance courts — more than one in districts that have cases piled up. Just as in the case of other cases, fast-tracking Vigilance cases has been suggested as a solution to tackle pendency.
The Personnel and Administrative Department reckons that it would be another 31 years before all pending 1,276 cases (as in December 2013) are disposed of, given the pace of an average 44 cases settled a year by the four Vigilance courts in the state.
Even judges have gone slack, granting stays on FIRs. Courts seldom used to entertain interlocutory petitions once the Vigilance prosecution was initiated lest granting such prayers should delay the Vigilance prosecution.
The long delay in prosecution results in witnesses turning hostile, which means witnesses have been influenced or bought over by the accused.
Public non-cooperation in prosecuting the corrupt has also contributed to the systemic ineptitude.
It is not enough that there are a few honest officials who stand up for probity in public service. Unless the honest have the courage and tact, the corrupt would still carry on merrily and often honest officers would be branded obstructive. Nobody raises an eyebrow when it is argued that bribe promotes public service because it lubricates the wheels of the establishment.
The High Court has called for functional independence and administrative autonomy for the Vigilance just as the Supreme Court suggests in the case of the CBI.
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