By his supreme act of non-surrender in what seemed like an emotional surrender, former Coal Secretary, H C Gupta, arguably without intending to, held aloft to full public glare the multiple black holes that scar and atrophy the governance eco-system and threaten to cannibalize its best and brightest. Friends, colleagues and acquaintances were stumped. What followed was a virtual tsunami of spontaneous, unstinted support cutting across all walks of life, including mainstream and social media and different Government Services, to secure justice for one perceived to have been grievously wronged. Such a massive groundswell of genuine empathy for a low- profile, retired officer of the Government of India has not been seen before. It could not have happened in a vacuum and carried a strong subliminal message.

A positive landmark judgment was to be its main endeavour and focus. It did not call for any skilful cerebral contortions on the part of the officers present to visualise themselves as potential accused sometime in the near or distant future, hapless- in-the-dock, for acts committed in good faith or nudged askew by an error of judgment, in eventful careers spanning three decades, on an average. The mirror held up by Gupta could be ignored only at a huge cost. A near dormant Welfare Fund was reactivated on the occasion. The large-hearted response is testimony Rs if that were required Rs that the senior colleague is not alone and beleaguered any longer. The rare display of stolid solidarity was remarkable. It has not gone unnoticed by the world around. 

This support may well, as many correctly apprehend, extend into the professional sphere and manifest itself in functioning in extra cautious gear, with dampened morale and constant trepidation. There is bound to be a resurgence of paralysis in governance and risk aversion. This collateral damage is unavoidable. The system cannot carry on as though the epiphany etched by Gupta&’s case did not happen. The challenges are daunting but there can be no turning back. Tweets of condensed sympathy and gently supportive media coverage, while reassuring, are evanescent. The onus to right the wrong has to be owned by the Service, working in closest concert with the political establishment, the Government and all stake holders. There has to be a fuller understanding of where we went wrong in trying to cremate the malaise of corruption. We are clearly not where we set out to be. What is it that we need to ideate about differently and what is the grand plan that should be crafted to take on 2016 and beyond with elan and assured success? The great “divide” in the Government between the corrupt and honest must vapourise. There should be absolutely no room for the corrupt. How long can we be pointing fingers at each other and still expect to deliver exemplary public service? The erosion of public trust and faith in the institutions we strive to hold together must be stemmed. Each one has a solemn responsibility to re-script and rework the abandoned crusade.

The insightful conversations, within and outside the Service, around the proposed amendments to the Prevention of Corruption Act, such as Sections 13, 17 A, 19, can serve as a mooring point for a promising voyage of transformation. To elucidate, the provisions of Section 13 (1) ( d), envisaging punishment even without mens rea and personal gain are fundamentally flawed and make all public servants liable for criminal prosecution depending on the way their acts of omission and commission are interpreted. The provision is also against the UN Convention against Corruption, 2005, to which India is a signatory. The Convention clearly lays down that for a cause to be treated as one of corruption, benefits must flow to the allegedly corrupt person. Ideally the amendments ought to be given retrospective effect, in the larger interest. The Select Committee of the Rajya Sabha in its report to the Government has, alarmingly, not ruled out the prospects of probe agencies or newly minted Vigilance oversight Authorities harassing public servants. It has advised that adequate precautions be taken in this regard. Dextrous chiselling of this administrative-legal architecture is of paramount importance, in the given scenario. It is likely to be taken up for passage in the upcoming Winter Session of Parliament.

The new credo should be a resounding, ‘Yes, We Will”. It may even mean an occasional, emphatic “No Minister/ Prime Minister”, if so required by the inner voice, in perfect sync with the Constitutional mandate for public servants. Flog-arches of upright colleagues to the Guillotine Square will no longer be accepted with indifference. Such an altered reality should no more be the stuff of mere fiction and fantasy.

It is learnt that a group of former Cabinet Secretaries and others have sent a representation to the Prime Minister and have sought a meeting for a full briefing in Gupta&’s case. The outcome is eagerly awaited. Notwithstanding the latest lament of the Chief Justice that speedy and unpolluted (sic) justice remains a distant dream, notwithstanding that all odds appear to be stacked against him, may justice be delivered to Gupta by an appropriate intervention at the highest level. This will be the most befitting tribute to good governance and the perfect culmination of the much hyped Tiranga Yatras, roaring across the country.

(Concluded)