Wednesday, December 2, 2009

Land Scam by Lt Gens of the Indian Army

Land Scam by Lt Gens of the Indian Army
By Veteran Major P M Ravindran.

While I can understand your strong feelings, the facts as I understand them are:

1. An NOC has been issued to a private party for establishing a school in 70 acres of land adjacent to 33 corps HQ.

2. Earlier the NOC had been denied on the ground that 200 m around the HQs is security zone.

3. The change of heart came after the MS interfered.

4. The MS was shown as a Director of the school in its brochures specifying within brackets 'after retirement' which is what really attracted attention.

5. The phone calls indicate unwarranted personal interest by the MS.

Now, there is a need to know what is the extent of personal interest beyond being a Director after retirement, though definitely this is in itself sufficient to convict him for moral turpitude.

Now I wish to bring two cases to the notice of our august readers.

One, you may all be familiar with Justice Dinakaran's case. He was recommended to be appointed to the Supreme Court by the collegium of judges. Protest erupted on a large scale by none other than the lawyer community, because of his having encroached on govt land. The District Collector has confirmed this. The Collegium just suspended his nomination claiming that there were no objections when the Collegium had intially cleared his name and there was no provision for cancelling a nomination once made! They have now thrown the ball into the court of the govt to get the matter investigated claimng that the collegium had no means to conduct any such investigation! (What a fraud!). Incidently the CJI who has claimed that his office is out of purview of the RTI Act, which even a 5th standard pass child would say is wrong, and whose stance has been proved wrong officially by the full bench of the Central Information Commission and a single judge of the Delhi High Court, continues to preside over our justice delivery system which has deteriorated to a system to justify the crimes of the rich and powerful!

Two, the Chief Information Commissioner of UP was a tainted man even when he was appointed and RTI activists had made a hue and cry then. For the corrupt behenji, who had hand picked him and appointed him against the objections raised by the leader of the opposition who was the 2nd member of the committee to appoint the IC, it did not matter at all. Now he has been convicted by the UP HC and ordered to pay Rs 50,000/- as fine. He still continues to sit in judgement over RTI disputes in UP enjoying the status of a high court judge!

As a social/human rights activist for the last 11 plus years I have realised that nothing can change unless the judiciary is made transparent and accountable. The judges, ab intio have the scope for making whimsical decisions. So there was a requirement to question their decisions not merely from the point of the original issues involved but also from the point of view of the personal whims and fancies of the judge involved. Unfortunately, there is provision only for the former and not for the latter which has resulted in gross abuse of office by the judges and plenty of miscarriage of justice. For the one seeking justice, going to court is like jumping from the frying pan into the fire! The injustice is compounded by the archaic provisions in our constitution and the Contempt of Court Act for punishing for contempt of court. While a democracy demands a Contempt of Citizen (Prevention of ) Act, this contempt of court armour given to judges have made them a law unto themselves. This has to change. And this change has to be brought in by the law makers who are our representatives and empowered to bring in the changes we want. The changes we want in the judiciary are listed in the letter I had written to the CJ of Kerala in 2004. I have also put up a petition addressed to the Prez/PM to set up a National Judicial Commission to try and punish judges as per laws applicable to ordinary citizens.

1 comment:

  1. Dear all

    The reaction to the unfolding story of the land scam at Sukhna, is generally in line with the common thinking of military men in uniform / veterans.

    As per the established norms and procedures, the concerned officers will be dealt with. So far so good.

    Now, lets change tacks. View it against the highly charged approach of the ESM community. Never before, has such strong resentment been publicly aired or joint agitation / rallies / returning medals to the President been undertaken, be it against the unpopular 6th Pay Commission or seemingly insensitiveness of the Govt towards the men in uniform. Add to it Babus bashing' and you have the whole lot of people waiting for a chance to malign and run down the men in uniform.

    Army is known to be overly sensitive, whenever one of them is charged to have committed some wrong doing. In so doing, the investigations and follow up action is undertaken at a lightning speed. Sometimes, the resultant punishment is out of proportion to the act of omission or commission. One classifies it as a deterrent for the future defaulters!

    Now, view it against what one sees in the civil society. Madhu Koda develops stomach ailment and takes shelter in a hospital, on discharge from there, is too busy in all important elections canvassing, followed by 'Do not disturb me on a Sunday'. He is a light weight politician (propped up by the people who are now being forced to proceed against him) but a heavy weight scamster, going by the baying on the satellite TV channels. One wonders, if the charges will be effectively investigated and ever be proved in the court, to get the guilty behind the bars. This being the latest in series of such like cases in the past, is still in the lime light and as such finds a mention here.

    Same channels are going overboard doing the reporting on Sukhna Land Case. Add to it the statement by MOS Defence. The brew is ready to boil over.

    Babus, Media and Politicians will cause a stampede in the Army circles and that will see the Army put in its place. COAS is already being reported to be on the defensive by the TV Channels. The cornered officers (Sukhna case) in question, will have their necks on the block.
    A sweet revenge for challenging the Babudom and the mighty Politician.

    With best wishes
    DVS Kang) Veteran