No permission of Government or Parliaments or Legislative assemblies of States are needed for setting up such OMBUDSMAN.
It can inquire into Army Contracts Scams, Government Contracts Scams and also conducts of MPs inside Parliament and outside Parliaments. It can also inquire into conducts of Judges of Supreme Court and High Courts and can also questions judgements of Such courts.
In fact, it has all the things which Anna Hazare wants and it has as much power as Anna Hazare has.
All these statements look bold. You can get them checked by any lawyer or by any Justice. Most probably, all of them will agree with what I am about to say.
They may have some If’s and But’s, but all of them will agree that no Government permission or passing of any Bill in Parliament is needed for setting up such OMBUDSMAN (Swaichhik Lokpal)
EXPLAINING THROUGH EXAMPLES THAT ACTUALLY WORKED
Example One:
1) Times of India, many years back, appointed former Chief Justice of India, Justice P.N. Bhagwati as Ombusman for its newspaper group.
a) Any complaint against any news item in this group of news paper could be made before this Ombudsman (Swaichhik Lokpal).
b) This Ombusman-Swaichhik-Lokpal, will examine complanint. If there is any substance, he will issue notice to concerned press reporter or editor.
c) He will examine, if any reply is received.
d) If Press Reporter or Editor does not reply, or if he will refuse to reply, the Ombudsman/Lokpal will record so and will give his judgement and forward it to management.
e) Even if no legal authority is there, it had lots of Moral Authority of Justice P.N. Bhagwati and actions used to follow.
Example Two:
Many years ago, when there were no Lok Adalats, a District Judge in a small District Place, set up an
Ombudsman.
He selected Four Other Prominent Persons of Town.
Every Sunday, they used to sit in an empty store room of a post office.
People who had legal disputes, used to complain to them.
They used to inquire.
Call other side. If other side do not come, they used give judgement. It had moral authority.
They solved many things.
Example Three:
Earle Stanely Gardner, author of Parry Masson books series, set up a “Court of Last Resort”
This was a voluntary body where former Judges of Supreme Court Presided.
If any one had very serious and real grievance against a Supreme Court Judgement, they used to meet, hear parties, and give judgement.
They had moral authority.
Many times, Supreme Court reviewed and re-opened their judgments on basis of such re-commendatory judgements.
THE POINT IS:
There is nothing to prevent people from setting up such voluntary Lokpals of People in any area of public interest.
Such voluntary Ombudsman are working everywhere in world. They are the voluntary Watchmen of our society. In your housing colony, if there are frequent thefts, you decide that some of you will become voluntary watchmen and will keep walking in night in society with sticks in hand.
These ombudsmen are like voluntary watchmen of your colony.
They need only some seed fund to start with.
Everything depends on Moral Authority of Person whom you select as Chairman of Such body.
Haresh Raichura
27/3/2012
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