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Posts Tagged ‘Ajay Dubey

The “dumper scam” refuses to die, in spite of the closure report submitted by the Lokayukta Organisation and the verdict of the special judge dismissing the complaint with the astounding observation that Shivraj Singh Chauhan, as the chief minister of Madhya Pradesh, is in a position to purloin hundreds of crores of rupees and it was, therefore, unbelievable that he should have allowed himself to be involved in a business of a few crore of rupees; even then, when the chief minister came to know of this, he closed the business which shows his (good) character, special judge R P S Chauhan added.

An appeal against the verdict apart, the edge to the scam case has been added by the interest of a retired Chief Justice of the Gauhati High Court in the entire investigation of the case. Chauhan and his wife Sadhna Singh Chauhan are the main accused in the case.

Ramesh Sahu, who was the complainant in the case, has appealed against the verdict of the special judge in the Madhya Pradesh High Court. It was essentially the complaint of then Leader of Opposition in the Assembly Jamuna Devi (who expired last year). As then Lokayukta Ripu Sudan Dayal had refused to register the complaint, Jamuna Devi had approached the Supreme Court. She was, however, advised by the apex court that she should approach it only after exhausting the other avenues available to her. Then she had deputed Ramesh Sahu, an advocate and Congress worker, to move the designated court. Then special judge R K Bhave had found substance in the complaint and directed the Lokayukta Organisation to register an FIR and investigate the case.

Ripu Sudan Dayal, who later found himself arraigned in a court for indulging in corruption as the Lokayukta, had shown the dishonesty even in registering the FIR. A police officer of the Lokayukta organisation was made the complainant in the FIR. Ramesh Sahu, on whose complaint the special court had directed the Lokayukta Organisation to investigate the case, was made only a witness. That deprived him of being associated with the progress of the investigation.

The documents attached to the petition show that Shivraj Singh Chauhan had started doling out mining leases in Rewa district, in flagrant violation of the law, to JP Associates which has a cement factory in the district and the JP Group financed four heavy vehicles, got them registered in the name of Chauhan’s wife Sadhna Singh and took those vehicles from her on lease. The dates of these transactions are significant.

Chauhan became chief minister on November 29, 2005. On December 12, his government issued an order allotting to JP Associates prospecting licence of mining on 470.941 hectares of land in Naobasta, Kachur, Attrauli, Gadhwaah, Chiggawar and Jonahi villages in Rewa district. Not only that, the government also allotted to JP Associates 25.842 hectares of private land belonging to farmers of the area though no farmers’ land can be allotted for mining without the consent of the farmers. When the farmers protested the police fired on them.

In May 2006, four heavy vehicles worth about Rs two crore were registered in the name of Sadhna Singh. According to the petition, these vehicles were acquired by Sadhna Singh “through JP Associates and for JP Associates”. The documents downloaded from the official site of the MP Transport Department “E-Sewa” gave the registration numbers of the four vehicles with owner’s name as “Smt Sadhna Singh”; Father’s/Husband’s name as “Shri S.R.Singh”; and the address as “Jaypee Nagar Plant, Rewa”. The complaint claims that on “actual verification”, no person by the name of Smt Sadhna Singh was found staying at the address given in the registration document.

Ripu Sudan Dayal had sufficiently messed up the investigation. What was left was completed by his successor Prakash Prabhakar Naolekar whose very appointment as the Lokayukta of Madhya Pradesh stands challenged. Ajay Dubey’s efforts to get the papers pertaining to the appointment of Naolekar as the Lokayukta under the RTI Act have not succeeded.

Justice R S Garg, who served for a considerable period as a judge of the Madhya Pradesh High Court and retired as the Chief Justice of the Gauhati High Court, has sought under the RTI Act provisions from the Lokayukta Organisation the documents pertaining to the dumper scam case investigation. Garg’s application has so much rattled Naolekar that he not only refused to part with the documents but did not even show the basic courtesy due to a retired chief justice of a High Court.

Garg, who lives in Indore, waited more than the stipulated period of one month after filing his application. The Lokayukta Organisation did not send him the papers sought by him but asked him to visit the Lokayukta office in Bhopal and inspect the papers. When the former chief justice of the Gauhati High Court reached the Lokayukta office in Bhopal, he was not received by the Lokayukta or even by the head of the Lokayukta police. An officer of the rank of superintendent of police met him and refused to show him the documents under various pretexts.

Justice Garg described his experience at the Lokayukta office as “shocking”. He said that he was specifically asked by the Lokayukta office that the documents he had sought ran into more than 6,000 pages and he could, therefore, inspect those in the Lokayukta office; but when he reached there, they had denied him the access to those documents. He is now contemplating the next step.

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Is Madhya Pradesh Lokayukta Prakash Prabhakar Naolekar sacrificing his integrity for the sake of his son? It would appear now that the agenda of reciprocity was decided at the time of his appointment which is mired in mystery. The Chauhan government is not releasing the papers pertaining to Naolekar’s appointment as Lokayukta, though these have been repeatedly sought under the RTI Act.
RTI activist Ajay Dubey said that they had filed a number of applications to the State government for providing the file notings and other relevant information related to the Lokayukta’s appointment. “But they are sitting on the applications in violation of the RTI rules.” Dubey now plans to approach the Supreme Court in this regard.
In the absence of exact information, only a broad guess can be made of what Chauhan may be trying to hide from public. Naolekar, a retired Supreme Court judge, was sworn in as Lokayukta on June 29,2009 which means his appointment was finalised some time before that. Consultation with the Leader of Opposition in the Assembly is mandatory for appointment of the Lokayukta. Then Leader of Opposition Jamuna Devi had for some time been suffering from serious and complicated ailments like cancer and jaundice and had been spending more time in hospitals in Mumbai and Indore than outside. She was reported to be not in a state of mind lucid enough to discuss the State matters during those days. She died in September 2010.
Chauhan had frequently called on the ailing Jamuna Devi at Mumbai and Indore hospitals during that period. It is, therefore, likely that he may have quietly got her signature on the paper at a time when she was not in full control of her senses. Given to her fighting spirit, and more so because the “Dumper Scam” case against Chauhan and his wife Sadhna Singh Chauhan was pending before the Lokayukta, Jamuna Devi was less likely to agree on the name of a person who would later behave more like a power broker than as the head of the anti-corruption institution. Jamuna Devi was herself the author of the “Dumper Scam” complaint and she had a good perception of the people working at important positions in the State (she had been active in politics since 1952 when she was elected to the Assembly for the first time).
Naolekar showed in no time that he is an ideal companion to Shivraj Singh Chauhan because like the chief minister, he, too, believes in telling something for public consumption and doing exactly the opposite. After his swearing-in, he had boasted before the media persons at Raj Bhavan that he had never in his life worked under anybody’s pressure; he would perform his duties with honesty in future also; he was not bothered with anyone’s likes or dislikes; he would go strictly by the evidence; there would be no delay (in disposal of cases) on his part; the cases would be disposed of as soon as the evidence was produced; he would not allow the platform of the Lokayukta Organisation to be misused by any one; everyone was equal before him, whether he was a minister or an ordinary person; and lastly, his priority was expeditious disposal of the pending cases.
Having said all this, Naolekar went to the Lokayukta office and promptly took up a case for “expeditious” disposal. It was not a case that had been pending for long or had been agitating the public mind because of the dubious role played by Naolekar’s predecessor. The case that Naolekar took up so hurriedly was only a couple of months old and related to Ravi Nandan Singh, an old friend of Naolekar (both belong to Jabalpur). Besides, in his capacity as the Advocate-General at the time, Singh had played an important role in Naolekar’s appointment as the Lokayukta. Needless to say, the complaint of land grabbing by fraudulent means against Singh was dismissed “expeditiously” by friend Naolekar.
He has since been showing a great zeal for helping his friends in power without caring for law or judicial integrity and without bothering if he is being laughed at. He submitted the closure report on the “Dumper Scam” case on the most ridiculous grounds in utter disregard to the documentary evidence annexed to the complaint and special judge R P S Chauhan was only too happy to accept it and dismiss the complaint. Any respectable person in Naolekar’s place would have resigned when a junior judge (compared to his status as a former Supreme Court judge) repeatedly snubbed him and asked him to see the provisions in the law in the Sugnidevi College land scam case involving industries minister Kailash Vijayvargiya. He is prepared to suffer any amount of humiliation in court rather than include Vijayvargiya’s name among the accused.
This friendship is not one-sided. Shivraj Singh Chauhan was recently on a ten-day tour of Hong Kong and China and he had included not only industries and commerce minister Kailash Vijayvargiya but also Lokayukta Naolekar’s son Sandip Naolekar in the official delegation. Suresh Seth, who is the complainant against Vijayvargiya and others in the Sugnidevi College land scam case, has submitted to the special court at Indore that Sandip Naolekar is the managing director of Darling Pumps, the company which has been engaged by the Chauhan government to supply sewage pumps to the department of environment and urban development (which possesses the crucial documents relevant to the complaint against Vijayvargiya and others)
Madhya Pradesh Congress leader K K Mishra had in fact foreseen how Naolekar would go about the complaint against Vijayvargiya. As soon as the case was entrusted by the Indore special court to the Lokayukta Organisation for investigation, Mishra had written a letter to Prakash Prabhakar Naolekar detailing the close relationship between the families of Vijayvargiya and Naolekar and the business interests of the latter’s son. Mishra had expressed the doubt that Naolekar would investigate the case even with a semblance of honesty!


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“Behind every great fortune there is a crime”, originally attributed to 19th-century French writer Honoré de Balzac.

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