ndsharma's blog

The recent judgement of the Supreme Court in the K K Mishra case is a blow to Madhya Pradesh Chief Minister Shivraj Singh Chouhan. It may haunt the ruling BJP, particularly the Chief Minister, through the Assembly elections due in November this year. The apex court judgement is also a sad reflection on the session judge of Bhopal who had tried the case initially.

The case in nutshell is like this. K K Mishra, who is the chief spokesperson of the State Congress, had made the following observations at a press conference he had convened at the PCC office in June 2014: as many as 19 among the transport inspectors appointed by the State government were from Gondia (in Maharashtra) which is Chouhan’s sasural; Chouhan’s cousin Sanjay Singh had been talking on mobile to the accused in the mega-scam now known as Vyapam; and Chouhan’s wife, Sadhna Singh, had made 139 calls from the CM’s residence to the top Vyapam operators, Nitin Mahendra, Pankaj Trivedi and Laxmikant Sharma.

Chouhan took offence and filed, as Chief Minister, a defamation case against Mishra in the court of the Special Judge, Prevention of Corruption Act, Bhopal. After the sessions trial, the Judge, by its order of November 17, 2017, sentenced K K Mishra to undergo a simple imprisonment for two years with fine of Rs 25,000. Having failed to get a relief from the High Court, Mishra went in an appeal before the Supreme Court where the case was heard by a division bench comprising Justices Ranjan Gogoi, R Banumathi and Mohan M Shantanagoudar.

The bench, in its judgement delivered on April 13, observed that ‘none of the said statements, even if admitted to have been made by the appellant (Mishra), can be said to have any reasonable connection with the discharge of public duties by or the office of the Hon’ble Chief Minister. The appointment of persons from the area/place to which the wife of the Hon’ble Chief Minister belongs and the making of phone calls by the relatives of the Hon’ble Chief Minister have no reasonable nexus with the discharge of public duties by or the office of the Hon’ble Chief Minister’.

The bench pointed out that such statements may be defamatory but in the absence of nexus between the same and the discharge of public duties of the office, the remedy provided for public servants under provisions of the Cr.P.C. would not be available. Chouhan, as individual, and not as Chief Minister, should have gone before the ordinary court (the court of the magistrate).

The bench said: The press meet was convened by the appellant (Mishra) on June 21, 2014.  The government accorded sanction to the public prosecutor to file complaint under Section 500 IPC against the appellant on June 24, 2014. The complaint was filed by the public prosecutor against the appellant on the very same day, i.e. June 24, 2014. The haste with which the complaint was filed prima facie indicates that the public prosecutor may not have applied his mind to the materials placed before him. ‘We, therefore, take the view that the complaint is not maintainable on the very face of it and would deserve our interference.’

The apex court allowed Mishra’s appeal and quashed all proceedings in the trial court. Desperate State BJP has been trying to argue that the trial court order has been quashed by the Supreme Court only on technical grounds and that nothing has changed substantially. This is an utterly erroneous assertion. After the Supreme Court judgement, the situation now is the same as it was before Chouhan had filed the complaint against Mishra in the special court. If he still feels defamed by Mishra’s allegations, he will have to file a fresh complaint like an ordinary person in the court of judicial magistrate. 

Advertisements

Union Minister of Law and Information Technology Ravi Shankar Prasad does not favour linking Aadhaar with voter ID card. He said so in Bengaluru on April 1. He, though, added that it was his personal view.

Personal or official, this view makes little sense to the people at a time when the government is going all out to link Aadhaar with everything conceivable by projecting it as the panacea for all evils afflicting the society. In fact, the voter ID should have been the first to be linked with Aadhaar in order to eliminate the scourge of fake voters which have been vitiating electoral process.

The problem of fake voters has been there from the beginning but not on the large scale witnessed in the recent years. The BJP appears to be the biggest beneficiary of the fake voters. Could the fear of checking fake voters through Aadhaar linkage have made Prasad say that linking Aadhaar with voter ID is not necessary?

Narendra Modi had won from Varanasi Lok Sabha constituency with a margin of over 3.7 lakh votes in 2014. During the revision of electoral rolls towards the end of the year, over six lakh fake voters were discovered in the Varanasi Lok Sabha constituency. It did not help Aam Aadmi Party’s Arvind Kejriwal who was a runner-up in Varanasi Lok Sabha constituency. But it made him wiser for the forthcoming Delhi Assembly elections.

Both AAP and Congress had detected bogus entries in voters’ lists for the Delhi Assembly elections. Leaders of the two parties approached the Election Commission but the Election Commission behaved shabbily and refused to take notice of their complaints. The matter was then taken to Delhi High Court which pulled up the Election Commission and asked it what action it had taken on the allegation about the presence of a large number of bogus voters in various Assembly constituencies of the national capital. ‘What is the cause of it? Obviously someone is not doing their job properly’, Justice Vibhu Bakhru said while directing the Chief Election Commissioner  and the Chief Electoral Officer of Delhi to file an affidavit ‘indicating the cause of error.’ The court said that there were ‘discrepancies’ in the electoral rolls as shown by the petitioner, Naresh Kumar. The court also said that the allegation that there were many persons in the city who had numerous voter cards in their names but with different addresses needed to be rectified if they were still existing.

Election Commission snubbed

In response to the complaints of Aam Aadmi Party and Congress that Delhi’s electoral rolls carried names of a large number of bogus voters, Election Commission wrote to the two parties on January 11, 2015 that 1,20,605 ‘duplications’ had been noticed in the electoral rolls (which have been deleted). Election Commission’s response came two days before it was scheduled to file an affidavit in the High Court. That AAP got 67 seats and BJP only three in the 70-seat Delhi assembly is history.

Madhya Pradesh had two Assembly by-elections in February this year. During the campaign, Congress activists detected discrepancies in voters’ lists. Photocopies showing the same voter registered in more than one locality started appearing in social media. As the complaints at local level did not have the desired effect, the party led by Lok Sabha member from Shivpuri Jyotiraditya Scindia approached the Election Commission. A summary re-check of voters’ lists was ordered. A week before the day of polling, the Ashoknagar district Collector’s office sent its report to the Chief Electoral Officer in Bhopal saying that 1800 fake voters had been detected in Mungaoli Assembly constituency (which falls in Ashoknagar district). Of these 1800, as many as 834 were dead, 312 were listed at more than one place, 245 voters were not traceable and 435 had been transferred to different places but had not got their names in Mungaoli constituency deleted. Similar was the case for Kolaras Assembly constituency (in Shivpuri district).

The BJP candidates were defeated in both the constituencies though Chief Minister Shivraj Singh Chouhan had made it appear like a life and death question for himself by deputing all the party leaders including his cabinet colleagues to campaign there. The BJP campaign did not recognise the words like ethics and morality.

The Election Commission has ordered a full revision of voters’ lists in Madhya Pradesh in view of the Assembly elections due later this year. So far the Collectors have detected nearly seven lakh fake voters – three lakh of them dead and four lakh untraceable. Scrutiny is on. 

May 2018
M T W T F S S
« Apr    
 123456
78910111213
14151617181920
21222324252627
28293031  

Outright Perilous!

An egoist as the head of the government is bad enough. An egotist is a nuisance as his constant chant of I…, I…., I….. jars on the listeners’ years. But when he loses touch with the reality and starts believing his imaginary achievements to be his real achievements, that’s outright perilous.

Twitter Updates

Archives

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 47 other followers

Share this blog


Subscribe

Blog Stats

  • 147,441 hits
Advertisements
%d bloggers like this: