Is there a deal between Nitish and Congress? Shanti Bhushan

With Congress praising Bihar Chief Minister Nitish Kumar for rebuffing Team Anna on the state Lokayukta Bill, lawyer Shanti Bhushan on Friday wondered whether there was a deal between him and the ruling party at the Centre.

Stung by Kumar's terse response to their criticism of Bihar Lokayuta Bill, Bhushan said there were expectations that a "very good person" like the Bihar chief minister will bring a strong Lokayukta law.

"I don't know what is the deal between the two is. Only Nitishji can explain it...but if government wants to get votes, then it should pass Jan Lokpal bill as the government that supports it will for sure win in 2014" (Lok Sabha elections"), he said.

He was responding to a question that Congress has positively reacted to the Bihar Lokayukta Bill.

"I know Nitishji from the time of JP movement and know him to be a very good person. So, we expected a very strong bill but we are disappointed," Bhushan, a prominent Team Anna member, said.

He said Anna Hazare had met Kumar in July and the chief minister had assured him that he would bring a strong Lokayukta.

Kumar had on Thursday launched an attack on Team Anna over its objection to the draft bill cleared by the state cabinet, saying he does not require anybody's certificate in the crusade against corruption.

Bhushan said that in the drafting committee for Lokayukta, four out of seven members were from government.

"Similarly, a common man cannot lodge a complaint against the Lokayukta. The power is with government in this bill.

Suspension and removal is also with government only. This is against the UN Convention (on corruption)," he said.

"Under the draft Bihar bill, if a person is found to be filing frivolous complaints, then he can be punished for five years. Why would a person file a complaint even if it is genuine? There is no whistle blower protection in the draft Act," Bhushan said.

Under Jan Lokpal Bill, if an officer is found corrupt after initiating court proceedings, a departmental inquiry can be started. However, in Bihar Lokayukta bill, there is no such thing, he added.

In the Bihar Lokayukta, he said, the ombudsman has to take the permission of the government before prosecuting an officer.

"Therefore, all the controls lie with the government," Bhushan claimed.