BEYOND THE OBVIOUS

Joginder Singh,
IPS (Retd. ) Former Director CBI

Goa Education Minister's son, Rohit, has recently been arrested in connection with the rape of a German teenager. The Minister's son, an MBA student, was accused by a German woman of raping her minor daughter in October, 2008. It took more than a month for the Police to arrest the Minister's son. As it normally happens, the Minister claims that the case is politically motivated to tarnish his image. This is not the only case involving either a high profile and influential individual or their wards.

The grandson of a former Chief Minister of Punjab was also allegedly involved in raping a foreign tourist. Another son of a former Chief Minister and now a Governor of a State, had the mortification of being arrested on charges of raping his domestic help. The son of a Director General of Police from Orissa, was not only arrested, but also convicted and sentenced for rape. He jumped the parole bail and his father, who had stood surety from him, has been suspended from service for his role in helping his son in evading the law. Flaunting or misusing the office by high profile people, is more often taken for granted.

A Union Minister of State beat up the station manager of an Airline at Patna Airport in November, after he was not al-lowed to board a flight. The only ‘fault' of the airline employee was that he did not delay the flight's departure to suit the minister's late arrival at the airport. The Union Civil Aviation Minister says that no one has the right to break law. But the accused Minister in question has claimed that it was a ‘mischief' on part of the airlines and denied assaulting the official.

This is not the first incident of its kind involving a politician. Earlier this year, another politician brazenly abused his power in similar circumstances. A Rajya Sabha MP from Kerala, P V Abdul Wahab, was accused of entering the cockpit and abusing the pilot. But the MP defended himself alleging rude behaviour by the pilot. Many powerful people feel, if you cannot have your way about, then what is the use of being high and mighty. These are some of the instances of arrogance of power, tempting some highly placed people, to bend rules and resort to high-handedness.

Misuse of position to defend oneself of the sexual escapades, and other incidents, do not happen only in India , but also abroad. The high and mighty does not lead a sexless and colourless life there or here. The only difference is that in developed countries, sex or sex dalliance is between consenting adults, rather than forced on any body else. In the last decade, there was a famous or infamous case, as you might view, of the then USA President, Bill Clinton's affair with a 22-year-old White House intern, Monica Lewinsky. The news of this extra-marital affair and the resulting investigation eventually led to the impeachment of President Clinton in 1998 by the U.S. House of Representatives and his subsequent acquittal on all charges (of perjury and obstruction of justice) in a 21-day Senate trial.

Clinton admitted, in taped grand jury testimony on August 17, 1998 , that he had had an “improper physical relationship” with Lewinsky. He also gave a nationally televised statement admitting his “not appropriate” relationship with Lewinsky.

As per the notes of the former head of French Police Intelligence Chief, Yves Bertrand, the present French President Sarkozy had an affair with the wife of one of his present Cabinet members about four years ago, when he was serving as Interior Minister. This alleged episode is one of the multitude of damaging secrets reported from the private notebooks of Yves Bertrand, who was director of the powerful Renseignements Généraux, French spy agency, for 12 years until 2004.

IMF chief and former French finance minister Dominique Strauss-Kahn had been investigated over alleged abuse of power involving a subordinate. He was caught red-handed after the lady's husband discovered e-mail sent in January, 2008. Strauss-Kahn owned up to the tryst, stressing that his transgressions ended there. He issued an apology to the lady, the IMF staff and his French TV-personality wife, Anne Sinclair for what he called “my error in initiating this relationship”. But he was let off on the ground that his effectiveness was not affected.

Earlier, Paul Wolfowitz, was forced to resign his job as President of the World Bank in May 2007 after it was established that he had intervened to secure unmerited promotions and severance payments for his female companion, who also worked for the organization.

So far as our country is concerned, even if somebody is caught with pants down, the standard excuse is that it is either vendetta, or he has been involved in any crime due to extraneous considerations. There has not been a single case, where a scamster politician or a public servant-cum-criminal has admitted his offence or felony. Though it is widely claimed that you cannot legislate morality, yet in actual practice, little else is done. The country's delivery system of laws is in shambles, as has been observed by more than one Chief Justice of India. The Government must ensure that justice is not only done, but also done promptly, so that people do not have to wait till the end of their life, to get what is their due, that is justice. Whatever infrastructure is required should be provided to strengthen the judiciary and criminal justice system. Laws which have outlived their utility and are no more relevant to the present times should be replaced, modified or amended. People at present have a feeling th at if you can afford, you can postpone the evil day and punishment. One of the Seven Wise m en used to say, Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. We know what they are, and what they are worth! They are spider webs for the rich and mighty, steel chains for the poor and weak, fishing nets in the hands of the government.

The trouble with the laws these days is that criminals know their rights better than their wrongs. The Government should strive to ensure justice for every body, which in theory is open to every body like any five star Ashoka hotel. The common perception is that we are a Nation of laws, which are badly written and very poorly enforced. The way to send right message is to ensure the quickest possible punishment to the accused, as well as the quickest acquittal of the innocent. That all persons are equal in law should not remain on paper, but should be transformed into a reality.