Here in
an exclusive chat with khojhyderabad.com, the stoic official who has a terrific
track record in the service, talks about the much-talked about issue of Indian public life
without any trace of passion or emotion and that too with rare clinical precision. Yadav
certainly embodies the professional approach to the menace of corruption.
Excerpts from the interview.
Q.What is the difference between the amateurish perception regarding
corruption and the institutional approach (like yours) to the same issue?
A.The popular perception about corruption is often correct. But
according to the definition of corruption, as enumerated in the Prevention of Corruption
Act, it is an act of misconduct on the part of someone who is holding a public office. If
the person misuses his office against a consideration which can be either monetary or
non-monetary then it is a corrupt act which is punishable under the act.
Q.Is it a mere coincidence that most of the ACB hauls involve very
meager amount like Rs 500 or Rs 1,000. Is it the tip of the ice berg?
A. Yes. This is exactly the tip of the ice berg. More importantly,
officials whom we nab in trap cases are usually from the lower ranks because they receive
bribe quite blatantly and it is easy to catch them red-handed. Whereas the higher rank
officials, though equally corrupt, are far more subtle and cautious in their approach.
They usually involve middle men to deal with kickbacks. But it is not true that we nab
only lower grade officials. In fact, very recently we caught an executive engineer while
taking a bribe of Rs 3000.
Q. How do you go about laying a trap for a corrupt official?
A. Actually we act on complaints. If the aggrieved party brings to our
notice any genuine incidence of harassment against any so called corrupt official then we
probe into the whole thing without any bias. If the complaint is genuine then we lay the
trap and try our best to catch him in the act. But before laying the trap, our main
priority is to find out if the accusation is based on facts. After trapping the official,
we charge sheet the person. Thereafter, the court comes into the picture.
Q. Do officials after getting caught in the ACB dragnet end up losing their jobs?
A. Notwithstanding whatever happens in the end, the act provides for
severe punishment for convicted officials which ranges from suspension to removal from the
service, sometimes without pension. But you know about the judicial process which usually
consumes a lot of time. If the case is not decided quickly then the very impact of the
punishment diminishes greatly. In fact, the government of India is creating new courts
known as "fast track courts" for speedy disposal of pending cases. Presently
there is a lot problem, because the accused officials can appeal before higher courts even
after conviction. We have to avoid this unnecessary delay since justice delayed is
justice denied.
Q. What has been your personal experience ever since you
assumed charge as the chief of ACB?
A. The first thing that struck me is that corruption is much more
pervasive than what I had earlier assumed. Last year itself, the ACB handled 106 trap
cases alone involving an amount of Rs 8 lakh. Besides, there were some cases of
disproportionate assets involving an amount of Rs 13.3 cr. In total, 234 officials were
charged. Now-a-days, we are receiving complaints online. We have a web site for this
purpose.
Q. According to you what should be the peoples attitude
towards corruption?
A. They should not encourage corrupt officials. First of all, they
should not give money to official against minor concessions. It is extremely necessary
that people should take a stand against corruption. Their participation in bashing
corruption can yield wonderful results.
Q. Since corruption is a global phenomenon do you take a leaf
out of other developed countries book to grapple with it properly?
A. Yes we look at the other countries and their practices . But more than that we
collaborate with the Central Bureau of Investigation (CBI). Our officials also go for
training with the CBI.
Q. Is there any state-wise rating as far as corruption is concerned?
A. No. There is no such rating for the states. But there is a global
organization called Transparency International which conducts surveys on the world wide
corruption level. This is called Perception of Corruption index. India stands somewhere in
the 60s. Well there are many countries, which according to this index, are far ahead
of India. But all said and done transparency is the need of the hour. That alone can act
as an antidote against corruption. This is now an open society. We are all staying in a
glass house. But in order to bring in transparency in governance, many structural changes
have to be introduced. For example change in the salary structure is a must. If officials
are well paid then definitely they would be less tempted to accept bribes. Look, a police
constable in UK receives a salary of 20000 pounds per annum which works out to nearly 15
lakh in our currency. So naturally he is not corrupt.
Q. What is the motto of ACB?
A. The motto of ACB is honesty, objectivity and sincerity. Objectivity
is our main strength. We would
never make a claim that this man is corrupt and try to nail him down. We simply go by the
merit of the case.
Q. After Tehelka episode, do you think another fresh look at
the issue of corruption is needed?
A. Well everybody is perturbed over the issue of corruption. The CM is
also very keen on curbing corruption. And rightly so since corruption affects the delivery
of public service. It has to be weeded out at whatever cost.
Rudy Mohan