Eradication of Corruption Initiatives and Strategies

ERADICATION OF CORRUPTION: ERADICATION OF CORRUPTION: INITIATIVES AND STRATEGIES By Noor Alam Khan, Member Executive (KPK) Supreme Court Bar Association Corruption can be defined as "any conduct or behavior" immoral, deprived or dishonest practice to citizens, violating their duties and public trust as public officials do for the promotion of the private gains. Giving or obtaining advantage through means which are illegitimate, immoral, and/or inconsistent with one's duty or the rights of others is also fallen under the definition of corruption. Generally Corruption can be the promotion of private gains or selfish interest at the expense of public interest, against the overall objectives of the Government, by whoever in charge and responsible within the area of work. Corruption is not only caused by the Government's incapability to apply and enforce effective monitoring systems, but also because there is not an integrated system of internal supervision in the public sector. That is the reasons why corruption is spreading everywhere in Pakistan now-a-days. For the purpose of strategy, this includes the failure to disclose an interest or personal relationship, in order to gain a financial or other pecuniary benefit. Clearly for the purpose of the strategy, it is important to establish a common understanding of what constitutes corruption and whose corrupt activities are covered in order to focus research and target the strategy effectively. Combating corruption requires a complex approach that addresses the many causes, feature and structural issues that corruption entails. It also requires courage and a long-term commitment by a variety of anti-corruption actors, Political leaders, champions amongst public servants, civil society, media, academics, the private sector and international organizations all play important roles in addressing corruption. Our political system, Administrations as well as with few exceptions our legal system is corrupt. Eradication may not be possible but it can be controlled to a great extent. Corruption is a very bad thing and it is the root cause for inferior quality of work, efficiency can be masked by this corruptive practice. It is very unfortunate corruption is becoming a way of life. In his historic speech delivered to the first Constituent Assembly of Pakistan on 11th August, 1947, the Quaid-i-Azam identified the first duty of his Government as the maintenance of law and order. He defined his second priority in the following words: "One of the biggest curses from which India is suffering, I do not say that other countries are free from it, but, I think our condition is much worse, is bribery and corruption. That really is a poison. We must put it down with an iron hand." The main object of this article is to encourage our politicians, administrators, executive, police, legal authorities to do their job with the best of their sincerity. By adopting the following initiative and strategies the corruption can be eradicated. 1. the prevention and detection of fraud and corruption and the protection of the public purse are the responsibility of everyone. 2. The chief source of corruption in our system of administration is the use of money in the elections. There are a number of examples where candidates spend the money in the elections which are several times greater than as expenditure specified by the Election Commission. In almost all cases, the sources of funding and other expenditure are totally undisclosed and unaccounted. As a result money-power is acquiring dominance in our elections and has become the chief source, as well as primary cause, of corruption in public life. 3. Knowledge is power, and knowledge can protect from the corruption. The government should start the compaign for good governance as the initiative should come from donors and the public. The eradication of corruption in public service is a strategic effort because the impact will directly benefit the people. The success of eradicating corruption in public services will improve public trust in the end. The high levels of acceptance and tolerance of corruption does not mean that people are unconcerned about corruption. 4. For the eradication of corruption continuously campaign can be started by coordinating with the existing law enforcement agencies. 5. There should be established an independent body having no political influence. The main purpose of the body should be to clean up the society from the corruption by adopting any means and ways. 6. There is a need to ensure that any investigation process is not misused and, therefore, any abuse (such as employees raisng deliberately malicious allegations) may be dealt with as a disciplinary matter. 7. Modus operandi of corruption, now a days, has taken a more subtle and complex shape which is known as White Collar Crime and in the area of "White Collar Crime," there would hardly be a different sense of the "bribe and abuse or misuse of authority", where the motive is to gain any benefit or favour any circumvention howsoever subtle would not take it out from the ambit of criminal law on the basis of any casuistic reasoning. White Collar Crime required lot of skills and perceptions for discovering facts and for collecting evidence for purposes of establishing a criminal case particularly of abuse of power and authority, Planning for a considerable time is required in a white collar crime where people are cultivated and are bribed indirectly and often obliquely so that they would be of use at a time when they are needed. Ostensible shape of the benefits may be anything but the Court had to see its reality. 8. White collar crimes cannot be equated with ordinary crimes of theft or injury as white collar crimes are directed against society at large and had affected entire society. Merely in name of white collar crime liberties of citizens cannot be curtailed and respectable persons cannot be allowed to be humiliated without sanction of law. Nobody's fundamental right of life, liberty, property, respect, honour and dignity, can be curtailed otherwise than in due course of law. Nobody can be deprived of his honour, except when he is shown to have committed an offence punishable under law. 9. Principles relating to the burden of proof and benefit of doubt as applicable to an ordinary criminal trial are not applicable to the white collar 1crime and the cases dealing with the corruption and corrupt practices. Ordinary crimes and white collar crimes are to be placed within two separate and distinct categories. Prosecution is initially required to establish the possession of the properties or pecuniary resources of the accused disproportionate to known sources of his income. There should be effective investigation system and strong prosecution department for these cases so that the real culprit can be punished. 10. Support from the civil society in combating corruption is actually in line with the basic idea of good governance. Good governance assumes the balance between the State, the private sector and the civil society. In fact, most of the efforts to eradicate corruption are State-oriented and give lots of support to the Government, although the Government does not have enough of a political will to carry it out. 11. Our Legal and judicial Justice is unapproachable, slow and discriminatory, encouraging contempt for the law. 12. The political system consists of jagirdarana Nizam, low levels of political competition, poor quality of candidates, an undemocratic and unaccountable party system, unreliable voting and weak political leadership. Weak political system include low literacy rates. So if we can increase the literacy rate then possibilities for eradication of corruption can be obtained. 13. Eradication of corruption is laudable goals and is issues of concern, worldwide. However no country and no system can effectively address these issues unless if has a proper legal framework within which independent judicial and prosecutorial institution can function. An independent and efficient Anti-Corruption Agency is also imperative for detection, investigation and bringing the corrupt in the dock. Without such institutional arrangements; the Courts may not be in an ideal position to bring the accused to justice and even the most corrupt may get away with whatever they do. 14. We should establish free media so that they can investigate and expose corrupt practices. Voluntary agencies and religious groups as well as other components of civil society can play significant role in eradication of corruption.