The author has written:
There is at least one Supreme Court judgement  clearly stipulating that the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).

But the author, claiming to be a Supreme Court Advocate, has not given any details of the decision – citations as they are legally termed. There have many cases involving the date of birth of Government officials at various levels.
To start with the rules relating to age dispute and a few decisions are clear.

But it would be wrong to say that the Supreme Court has ruled that  the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).  Presuming that there is such a decision, I would have to go through the Supreme Court decision and the context in which the Court made the observations.

I do not know the full facts of V K Singh’s case. Therefore, at this stage, I would not like to make any comments.

The matter is coming up before the Supreme Court this week itself and all the relevant facts would be placed before the Court by the General and by the Government of India. Then I will write again.
But at the present, I can only say that the Supreme Court does not normally directly entertain such disputes. The High Court and other courts are there to start with.

I am giving the Generals profile collected from the internet.

General V K Singh’s profile

V K Singh | Facebook
http://www.facebook.com/pages/V-K-Singh/112951392052154 – Cached

V K Singh | Facebook. … From Wikipedia, the free encyclopedia. General Vijay Kumar Singh PVSM, AVSM, YSM, ADC (born 10 May 1950) is the 26th General of …

http://www.facebook.com/pages/V-K-Singh/112951392052154

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From Wikipedia, the free encyclopedia

General Vijay Kumar Singh PVSM, AVSM, YSM, ADC is the 26th General of the Indian Army and currently the Chief of Army Staff.

Early life and education

Vijay Kumar Singh comes from Bapora village in Bhiwani district of Haryana state. Singh is a third-generation officer. His father was a Colonel in the Indian Army and grandfather a senior Junior Commissioned Officer (JCO). Singh was educted at Birla Public School, Pilani, Rajasthan.

Military career

Singh was commissioned into the 2nd Battalion of The Rajput Regiment (Kali Chindi) on 14 June 1970. He went on to command the same unit when it was positioned along the Line of Control with Pakistan.

He graduated from the Defence Services Staff College as a honours graduate of the United States Army Infantry School, a graduate of the Rangers Course at Fort Benning and the United States Army War College in Carlisle, Pennsylvania. In the US for the Rangers course, he came first in combat operations.

Note : The date of birth given here is 10 May 1950

The following is the full text of the e-mail

WITH BEST COMPLIMENTS FROM ABHIJIT BHATTACHARYYA ADVOCATE SUPREME COURT OF INDIA. THISHAS BEEN RECEIVED FROM A FRIEND OF MINE. MAY LIKE TO SEE AND KNOW THE TRUTH. SATYAMEVE JAYATE

By Jay Bhattacharjee
18 January 2012

THE PRESENT GOI PURSUES ITS CRIMINAL AGENDA OF

DESTROYING THE INDIAN ARMED FORCES

LET US WISH GEN. V.K. SINGH ALL THE BEST IN HIS STRUGGLE

TO COMBAT THIS VENAL ORGANISATION (THE PRESENT GOVT. OF INDIA)

______________________________________________________________________

I suppose the entire affair had to come to this stage. The soldiers’ soldier, V.K. Singh, has been compelled to knock at the doors of the apex court, to defend his honour and integrity and to combat the slurs cast on him  by a vicious gang of babus and netas.

At this stage, it is vital to analyse the issues that are involved in this sordid conspiracy.

Let us look at the undisputed facts :

(1) The COAS, Gen. V.K. Singh (VKS) has at least 11 documents to demonstrate unequivocally that his date of birth  (DOB) is 10th May 1951, not 10th May 1950

(2) The AG’s Branch in the Indian Army is the accepted and unquestioned authority for all documents, records etc. pertaining  to Army personnel. The records of the AG cannot be queried. It is not disputed that the AG’s files show the DOB of VKS as 10th May 1951.

(3) The only document that shows 1950 as the DOB of VKS is that in the Military Secretary’s Office. Now, the MS only determines promotions etc. – in the case of VKS, the DOB data in the MS office is based on the NDA application form that was filled up by the schoolmaster of VKS when he was applying for his NDA admission test.

How many of us at the age of 14 to 15 in the early 1960s to mid 1960s relied on our seniors (whether in the family or in our schools) to help us in completing the admission forms for NDA / university / IIT etc. ? Almost all of us, I can guarantee.

(4) The COAS duly submitted his birth certificate and school certificate to the NDA authorities, showing his 1951 DOB. His entire career in the Army was based on his 1951 DOB until 2006 (see later), when his elevation to Lt. Gen. was under consideration (see later).

He valiantly fought for the country and loyally served the country without ever knowing that there was this anomaly in his DOB records.

(5) Only in 2006, did the anomaly in the records surface. VKS promptly asked for the two conflicting DOBs to be reconciled on the basis of the correct facts (recorded in the AG’s files).

Let it be said categorically that VKS is not asking for / has not asked for his DOB to be changed, as is being made out by some of the muck – raking media. He is only asking for the correct DOB (as per law) to be recorded. There is at least one Supreme Court judgement  clearly stipulating that the only valid DOB record of a person is his / her school certificate at the stage of passing out from school (the old “matriculation certificate”).

This is when the fun and games started. The babus got into the act and the charade commenced, only to reach the stage of the Chief’s Supreme Court petition yesterday.

The denouement is, of course, yet to come, but, in the process, the country and its armed forces have been thrown into this cauldron by the calculated acts of commission and omission by a coterie of dishonest, anti-national and unpatriotic people in Raisina Hill.

Who are the principal actors in this potential Greek tragedy ?

(A) The two former Chiefs of Army Staff JJ Singh and Deepak Kapoor occupy centre stage in this Machiavellian plot. Both of them have highly questionable career records and have served their own interests rather than those of the country and the Army.

Singh was rewarded with a Governorship because of his pliancy when he was Chief. In the case of Kapoor, the disclosure of his venal involvement in the Adarsh affair surely put paid to his post-retirement ambitions but he had already damaged the Army considerably before his Adarsh peccadilloes. JJ Singh, notoriously, was photographed crying in public after his appointment to the COAS was announced. Hardly a Chief who inspired confidence in his officers and men.

These are the two “stalwarts” who bullied, blackmailed and cajoled VKS not to contest his DOB when VKS was being considered for elevation to the post of Army Commander.

Then there is the Attorney General Vahanvati, a squalid little lawyer, who had a murky track record of representing crooks and criminals in the 2G affair and in other matters. This fellow had the audacity to override the written opinions of 4 former CJI’s on the basic validity of the DOB of VKS. And, there is,of course, the wretched Khurshid fellow – the chap can only act as his nature dictates.

The 4 former Chief Justices of India have all said that the DOB of VKS, in the eyes of the law and based on the facts of the case, is 10th May 1951.

However, Vahanvati mian, throws out all law and jurisprudence and gives a notoriously outlandish opinion that the DOB of VKS must stay as 10th May 1950, because, otherwise, the “line of succession” already decided for the next COAS would be affected.

This perverted view is, of course, promptly accepted by Anthony lungiwallah, Salman Khurshid (the low-life Minority-quota wallah), Chiddu Spectrumambaram, and the other assorted deviants in the current GOI’s centre of power. The ever-complicit PM is equally involved, though, later on, the slippery eel will claim he didn’t know what was going on.

Now, what is this gibberish “line of succession” that Mian Vahanvati is talking about ? The Indian Army is not a tinpot monarchy that has these orders of precedence laid out for the top position. Any Army Commander or equivalent, is eligible for appointment as COAS. Certainly, the senior-most, among them,  has been the usual choice, but this seniority is on the basis of a valid DOB scenario for everybody.

Vahanvati cannot say (and must not be allowed to say) that a wrong record of DOB of a current chief must determine the “line of succession”. And that, too, a “Line of Succession”  that was allegedly prescribed in 2006 and in 2008 by two unworthy Army Chiefs ?

This bizarre nonsense must be strongly challenged and refuted.

Now, I am constrained to mention the unmentionable. The logical conclusion of Vahanvati Mian’s and Khurshid’s contortions is that VKS will be succeeded as COAS by Lt. Gen. Bikram Singh, presently heading the  Eastern Command in Kolkata.  Now, why is this development ominous ?

Bikram Singh, indisputably, has a Pakistani daughter-in-law. Why is that a red flag ? Either the PMO, MOD, and the babus – netas in Raisina Hill are dreaming in colour or they are subscribers to the flat-earth theory. Surely, the India – Pakistan interface is not like the U.S. -  Canada scenario. This is not to cast aspersions on the poor lady in question, but to realise that we all live in a real world environment where we cannot take risks with the nation’s security at the highest level. This is not a stage or a platform where we can adopt a posture best described as utopian. Some would say “ostrich like”.

In the past, this country’s leaders like Nehru have taken great risks with our security by adopting this blinkered, naive approach. In the late 1950s and the early 60s, we had a very senior Foreign Service mandarin whose own brother was in the Pakistani foreign service in an equally senior position. For some time, the two brothers were Chiefs of Protocol in India and Pakistan. No one is saying that the IFS mandarin was unpatriotic, but there were grave risks involved – the situation was a recipe for disaster because of the possibility of totally involuntary mistakes. 

A similar risk scenario in the late 1950s was when Humayun Kabir (for some time, a Minister in the Union Cabinet) had a first cousin  who the chief of police in East Pakistan.

In the present context, we have to be even more cautious. Therefore, alarm bells must ring when people like Vahanvati and Khursheed, aided and abetted by Antony lungiwallah, Chiddu Chidambaram and MMS, are batting for a person who has an Achilles Heel, admittedly not of his own making.

This is a slightly long piece but I strongly feel that is my duty to pen my thoughts.

Let us hope the Supreme Court gives justice to the brave General.

In the meantime, I can only wish him courage and fortitude,  and offer him my unflinching support. My fellow citizens will do the same, I know.

Jai Hind.

Jay Bhattacharjee

PERICLES : FUNERAL ORATION (431 BC)

“The greatness of Athens has been acquired by men who knew their duty and had the courage to do it, who, in the hour of conflict, had the fear of dishonour always present in them, who, if ever they failed in an enterprise, would not allow their virtues to be lost to their country, but freely gave their lives to her as the fairest offering which they could present at her feet”.

P.S. These noble thoughts, I know, will be totally alien to the despicable bunch of reprobates in Raisina Hill.

                                                                                                                   Binoy Gupta

November 8, 2011 – I came across the above headlines in the Mumbai Mirror today. After having served the Government of India for four decades, and observing how it, or rather those who subvert the entire system function, I was not surprised.

A high ranking officer, allegedly caught taking a bribe of Rs. 2 crores is back in his post after a 18 month deemed suspension. What is surprising is why and how ?

The same tabloid contains a news item that a bus conductor sacked for Rs. 119 gets his job back after 11 years. The charge against him was there was shortage of Rs. 119 in his cash. 

 The Facts

Back to our hero, Mahendra Singh Bali (59), a 1978-batch Indian Postal Service officer, then Chief Postmaster General of Maharashtra, was arrested by the Central Bureau of Investigation (CBI) on February 25, 2010. for allegedly taking a bribe of Rs 2 crores from a builder.

The CBI  took the action on the basis of complaint by Rita Shah, a former Mira-Bhayander corporator. According to the complaint, Bali had asked for the bribe to issue a No Objection Certificate for developing a 2,000-sq-mt plot in Mira Road, part of which was reserved for a post office.

According to reports, after Bali’s arrest last year, the CBI carried out searches of his office and residence in south Mumbai,  and found 34 lakh in Indian rupees, and foreign currency – $10,722, £3,050, 3,470 Euro – from four briefcases.
The CBI also seized laptops, and 45 bottles of imported liquor.

Further enquiries revealed that Bali owned several properties in Faridabad, Panchkula, Dwarka, Bhopal and Gurgaon. The CBI found that he had 22 bank accounts with a total balance of Rs 26 lakhs. The collective value of the properties is still to be evaluated.

Central Administrative Tribunal

Bali challenged his suspension before the Central Administrative Tribunal (CAT), Mumbai which ordered his reinstatement last week. On November 4, 2011, Bali  was reinstated as the Chief Postmaster General of West Bengal.

The reinstatement was ordered on a technical ground  -  violation of the central civil service rules. “This was a case of deemed suspension. In such cases, the suspension has to be reviewed in 90 days, and as this was not done, the initial order was rendered invalid before the law,”

The issue is not about Bali. Even though Bali is reinstated, proceedings and prosecution will continue.

What should be done

It is for the government, for the CBI and the CVC to find out who are the officers who did not follow the central civil service rules, who did not review the suspension in accordance with the law, and allowed the central administrative tribunal to pass the order it did.

Some one should find this out and take action against the concerned officers.
Otherwise, this sort of aberrations will continue….the guilty will continue to be back in their posts……….

Any one has any better suggestions ?

November 9, 2011

Someone in Delhi has read the news and the result….
Bali has again been suspended yesterday.

I belong to the 1968 batch of Indian Revenue Service, senior to her in age and experience by several years.
A petty clerk, or for that matter, any other employee, both in the private and government sector, is dismissed from service for a single instance of similar over (or false) billing. Here we have a series of systematic false billings.

For all I know, the allegations may not be correct. I would be extremely happy if they are proved to be false.
Or they may be partly distorted.
But Kiran Bedi owes it to everyone to disclose the facts and come out clean. It is not sufficient for her and her friends to say, “ let the authorities make any enquiry against her and hang her  if she is guilty “.

Coming to the allegations.
What are the allegations? What are the facts? And why Kiran Bedi should disclose details of the concerned expenses?

It is a fundamental expectation that those who fight for transparency should themselves be transparent. Otherwise, they lose the moral authority to be leaders. The public will discard them like rotten maggots.

For the moment, the allegations may not prove corruption, but they certainly demand and merit transparency. Kiran Bedi should make public the relevant facts.

My own conclusions (which of course, may not be fully or even partly incorrect) are as follows:

1.      Kiran Bedi did ask for, and received, reimbursement of her inflated air travel fares, consistently and systematically, over several years. These were probably made on the basis of estimates (or proforma invoices) conveniently supplied by Anil Bal, her travel agent and co-trustee.

2.    Later, Kiran Bedi made payments for her travel expenses to Anil Bal, her travel agent and co-trustee on the basis of actuals, which of course are far less.

3.    Kiran Bedi claims that all the amounts she received, including some from other activities, like books, etc. went to the trust.

4.     The question arises whether or not Kiran Bedi attended the meetings and conferences in her personal capacity. If she did, then the entire excess of receipts less actual expenses would constitute her personal income. Of course, she can make donations to NGOs and claim exemption as per law. But all the receipts and expenses must be shown in her personal income tax returns.

5.     On the other hand, if she attended the meetings, etc. on behalf of her NGO, were the activities justified by the objects of the NGO.

6.    In any event, claiming air fare on the basis of false bills, I repeat false bills, is a serious crime.  The motives are not relevant. Robbing the rich to help the poor would constitute the same serious offence. The law is as simple as this.

7.    Kiran Bedi says enquire and hang me if I am guilty. Great words !  Who will file a complaint against you and invite problems?  Every prudent person will just keep mum.  And even if you are guilty, you cannot be hanged. There is no such penalty for such financial crimes. And everyone knows that an enquiry takes a long time……

8.    Kiran Bedi, if you have any sense of self respect, you should publish full details of all the concerned lectures and talks; names and addresses of the invitors, details of the expenses claimed, received and incurred, and on what basis you claimed the inflated expenses. You should also publish full details of your own personal contributions to the trust. After all what is there to hide?

9.     By the way, I went through the web site of her trust – India Vision Foundation.

http://www.indiavisionfoundation.org/donation-gallery.asp

There are no details of the various donations received…only a long list of names.
If this is what transparency is all about for our leaders, God help this nation.

Sanjiv Bhatt, Police and Politics.

I have just seen the following article on a popular website.
It is most distressing and dangerous.

IPS officer Sanjiv R. Bhatt suspended

Posted by: “Anjlee Pandya”
anjleepandya@gmail.com
Fri Aug 12, 2011 10:54 pm (PDT)

I have never met Sanjiv Bhatt.
In terms of service, he is junior to me by 20 years. I was offered the Indian Police Service, but I joined the Indian Revenue Service for the simple reason my mother did not like the idea of my joining the police force.
But Sanjiv Bhatt’s conduct is hardly something which can be justified by any one – either morally or legally.

Members of the All India Services – the IAS and the IPS are a privileged lot. They are appointed by the Central Government and allotted to a particular state. They draw their salaries and allowances from that state. Even though they enjoy certain safeguards against dismissal, etc., they are under the day to day administrative control of the concerned state.

Of late, IPS officers like Sanjiv Bhatt have been mixing up politics with their official duties, hogging the media and making all kinds of allegations.

Serving officers should not address the media unless the conduct rules permit them to do so. Of course, they can and should approach the High Courts and Supreme Court, wherever necessary.

The several allegations in the above paragraphs against Sanjiv Bhatt are prima facie sufficient to justify disciplinary against him. He must remember that if he himself is thoroughly indisciplined, how can he expect, demand and get unsquinted obedience from his subordinates.
They will behave in the same irresponsible manner and the system would collapse.
And if the allegations are correct, no court can support his stand.

First, before fighting against the State, Sanjiv Bhatt or any other officer himself should be clean in all respects.
Otherwise, he will end up a hapless loser the same way as Baba Ramdev.

Sanjiv Bhatt, you are treading on dangerous turf.
You will end up a sad loser.
And in the end, it will be your wife and children who will suffer.

July 21, 2011

Every now and then, I read of a case of graft – that some official has been arrested red handed while taking a bribe.
Usually, such cases are followed up by searches at the residence(s) and other connected places of the official, leading to recovery of unaccounted wealth.
Invariably, in such cases, apart from the allegation of accepting bribe, the concerned Anti Corruption Bureau (ACB) also files a case quantifying unaccounted assets worth crores of rupees ( 1 crore = 10 million).

Even in the extreme case, where no unaccounted assets are found, I would believe that cases where an official is caught red handed should be the easiest to prove in our courts.

But unfortunately, most cases end up in acquittals !

Agriculture Director of Maharashtra arrested

Prakash Wamanrao Mahindre, then Agriculture Director of Maharashtra, was arrested in 2005 for allegedly taking a bribe of Rs 50,000 from Rajkumar Bhanudas Dhargude, a businessman.

According to the complaint filed by Dhargude, Mahindre had demanded bribe of Rs 2 lakh each for issuing three new licences and renewing another four.

The ACB, Pune conducted a search at Mahindre’s residence at Central Park Apartment on Ambedkar Road and recovered cash and ornaments totalling
Rs 4,97,44,957.
They arrested Mahindre for possessing assets disproportionate to his known sources of income.

Finally, the ACB, Pune registered a case of amassing wealth against Mahindre and his wife Priya under the Prevention of Corruption Act and the Indian Penal Code. They quantified his assets at Rs 3.02 crores.

Mahindre was suspended from the service in 2005. During the suspension period, he retired from service.

Acquittal

Defence lawyer Sudhir Shah argued that the jute bag containing Rs 50,000, which was recovered from Mahindre’s cabin at Central Building, was planted there.
The Special court of S N Sardesai in Pune acquitted Prakash Wamanrao Mahindre.

What is not understandable is the way the case was investigated and presented and what happened to the other charge of amassing wealth.

Obviously, the search team had not done its home work. May be, with today’s, modern equipments, proving a case would be easier.

And acquittal will not be that easy.

The Silver Lining

The silver lining in such cases is that the culprit is suspended, the case drags on for years, and apart from the fact that the culprit does not receive his full salary, perks, and promotion, he has to spend a lot of money on his lawyers which itself is a sort of punishment.

The recent issues, incidents and happenings brought to the public glare by Baba Ramdev and Anna Hazare, and hyped to the peak by the media, have left me totally bewildered and in a dizzy.

I have decided to go back to the very basics of corruption, political parties, and the role a government functionary like Santosh Hegde, can and should play in such matters.

Corruption

Corruption is a very serious issue plaguing all the not fully developed countries in the world.

Don’t be fooled into believing that there is no corruption in the developed countries. Corruption is very much there. The reasons for far lesser corruption are the very stiff penalties and swift punishment.
It simply does not make economic sense to take the enormous risks if caught.
The result is that you don’t have to pay bribes for day to day routine mundane matters.
.
Surprisingly, when we talk of corruption in India, we generally have the government employees and other public officials in mind.
After all, the Lok Pal movement is all about this kind of corruption only.

And the Karnataka Lokayukta, of which Santosh Hegde is the Chairman, broadly covers the same territory (for the State of Karnataka).

The fact is that corruption has permeated the entire society, including the private sector, down to the commonest man.
Just try to sell something to a big corporate body. The purchase manager or assistant will first talk about his commission.
Park your car in an authorized parking lot, say near the Gateway of India (Mumbai), or near the cinema theatres near V.T. (Mumbai), on a Sunday or some other holiday.
The parking attendant will ask for Rs. 100 or so in lieu of the prescribed Rs. 8 or so.

Take a metered taxi from Mumbai Airport to any part of South Mumbai.
The fare meter will show three to four times the correct fare.

When a boy is about to get married, his parents proudly flaunt his “oopari kamai”.
And this only ups his value in the matrimonial market, which translates into dowry.

If every person, who gets an opportunity to make some extra money, extracts money, things are not only serious, but call for a self cleaning movement.
Why don’t we try to preach this simple truth and meticulously follow it.

Bab Ram Dev

Perhaps Baba Ram Dev is a good yoga teacher.
Most of his claims about treating cancer, etc. remain unsubstantiated, or to be more precise, dubious.
But remember, it is not easy to extract money, call it donations or whatever you like, from powerful politicians and the rich and mighty.
Baba Ram Dev is certainly a great salesman – a salesman par excellence.

Being a sannyasi,  he should not have started the movement for such things as black money, demonetization of large currency notes, and even direct election to the post of prime minister.
But having started the wrong movement, he blotched up the movement,  more so,  by threatening to raise an armed army.
He should have retracted at the right moment and his public image would have remained untarnished.
Now there are more questions than he can answer.
And he has rightly chosen to keep mum.

I was shocked to see him jumping down the stage, running away like a pursued criminal, and then escaping in a sari.
I am yet to see a greater act of cowardice from a sannyasi.
Who could have hurt him in that public place ?
The media was his guarantee of safety, if any was needed.

You can see my comments on Baba Ram Dev on my blog.

Anna Hazare

Anna Hazare is an honest and clean person.
His intentions and motivations are beyond any shade of selfishness.

But in my view, equating  him to Gandhi is going too far.
Gandhiji was fighting against a foreign rule.
Whom are Anna’s team fighting with? Our own elected leaders
who are doing what they can legally do.

Anna Hazare’s intentions are good. His motives are honest.
But ultimately, it is the MPs and the law of the land which will have the final say.
I would wait and see how things turn out in the future.

At this stage, I would like to put a simple poser……can we say Baba Ramdev and Anna Hazare are indulging in Politics ?

I am not very sure.

1. A political party is a group people who share the same ideas about the way the country should be governed.
2. They work together to introduce new laws, the alter old laws.
3. Political parties try to control what happens in Parliament by securing a majority of seats (Members of Parliament).
4. Political Parties have policies. A good example of a policy is “education must be free for all youngsters between the age of 5 to 18 years of age”.
5. Usually, when a political party wants to change Laws and Regulations they have to put their idea to all the Members of Parliament. A vote then takes place and if the majority of MPs vote ‘YES’ then the change to the Law/Regulation takes place.

http://www.technologystudent.com/pse1/polprt1.htm

The above definition deals with political parties which seek to contest elections.

Political parties that wish to contest local, state or national elections are required to be registered by the Election Commission of India (EC).

But there can be, and there are political parties, who do not wish to take part in elections.
In my opinion, what would ultimately decide whether a group is political or not would be the first two criterias:
1. A political party is a group people who share the same ideas about the way the country should be governed.
2. They work together to introduce new laws, the alter old laws.

Judged by this standard, both Baba Ram Dev and Anna Hazare’s movements are only political and their groups become political parties.

Santosh Hegde, Lokayukta, Karnataka

Well what does all this have to do with Santosh Hegde.
Karnataka has a Lokayukta Act and also a functional Lokayukta institution.
Let us see what a Lokayukta should not do:

Section 4 of the Lokayukta Act  - Lokayukta or Upalokayukta not to hold any other office

“Lokayukta or Upalokayukta not to hold any other office- The Lokayukta or Upalokayukta shall not be a member of the Parliament or be a member of the Legislature of any State and shall not hold any office or trust of profit (other than his office as Lokayukta or Upalokayukta) or be connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Lokayukta or an Upalokayukta shall-

(c) if he is connected with any political party, sever his connection with it; or ..

http://www.kar.nic.in/lokayukta/karnataka_lokayukta_act.htm

There is no doubt that the Lokayukta of Karnataka is a Government Servant, drawing salary, allowances and other perquisites from the Govt. of Karnataka.
I am sure he is expected to devote his entire time and energy to affairs of his office which are basically confined to Karnataka.

Yet, we find him in Delhi, along Anna group, and lobbying for his views.
How can anyone justify this kind of conduct, which in legal parlance is loosely termed….“Conduct unbecoming of a government servant.”

But again, who will bell the cat. If the Lokayukta decides to do what he should not do,
people like me can only grumble and have disturbing fitful dreams.
The reason is that the procedure for removing the Lokayukta is as follows:

Section 6 of the Lokayukta Act – Removal of Lokayukta or Upalokayukta

 (1) The Lokayukta or an Upalokayukta shall not be removed from his office except by an order of the Governor passed after an address by each House of the State Legislature supported by a majority of the total membership of the House and by a majority of not less than two thirds of the members of that House present and voting has been presented to the Governor in the same session for such removal on the ground of proved misbehaviour or incapacity. 

(2) The procedure of the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of the Lokayukta or an Upalokayukta under sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968 in relation to the removal of a Judge and accordingly the provisions of that Act shall, mutatis mutandis, apply in relation to the removal of the Lokayukta and Upalokayukta as they apply in relation to the removal of a Judge.

Well, in my view what Santosh Hegde, the Lokayukta is doing is all wrong.
I would be grateful if someone could convince me that I am wrong and should modify or change my views.

The Tibetan Refugees in India have been facing a peculiar dilemma.
Even though many of them are born in India and acquire Indian citizenship by birth, they have to describe themselves as Tibetan Nationals.
They are issued identity cards by the Indian Government permitting them to stay in India.

They face peculiar problems such as getting passports, etc.

Recently in:

W.P.(C) 12179 / 2009
Decision Dated : December 22, 2010
NAMGYAL DOLKAR ….. Petitioner
versus
GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS ….. Respondent

the Delhi High Court had occasion to decide such a case.

The Court observed that:
“23. The amended Section 3(1)(a) reads as under: ―
3. Citizenship by birth:- (1) Except as provided in sub-section (2), every born in India, -
(a) on or after the 26th day of January 1950, but before the 1st day of July, 1987.‖ (b) …….
(c) …..
Shall be a citizen of India by birth.”

The Court went on to hold:

“28. In the considered view of this Court, the above ground for rejection of the Petitioner‘s application for passport is untenable. As already noticed, the concept of  ‘nationality’ does not have legislative recognition in the CA.

The Petitioner‘s describing herself to be a Tibetan ‘national’ is really of no legal consequence as far as the CA is concerned, or for that matter from the point of view of the policy of the MEA. The counter affidavit makes it clear that the MEA treats Tibetans as ‘stateless’ persons. Which is why they are issued identity certificates which answers the description of travel documents within the meaning of Section 4(2)(b) PA. Without such certificate, Tibetans face the prospect of having to be deported. They really have no choice in the matter. It must be recalled that when her attention was drawn to the fact that she could not hold an identity certificate and a passport simultaneously, the Petitioner volunteered to relinquish the identity certificate, if issued the passport. That was the correct thing to do, in any event. The holding of an identity certificate, or the Petitioner declaring, in her application for such certificate, that she is a Tibetan national, cannot in the circumstances constitute valid grounds to refuse her a passport.”

I am giving the link to the full judgement: 

http://lobis.nic.in/dhc/SMD/judgement/22-12-2010/SMD22122010CW121792009.pdf

This is a most welcome judgement.  

Political observers were surprised, when within hours of his announcement, his senior, Home Minister R. R. Patil, distanced himself from Ramesh Bagwe and said he was not aware of the announcement and that Bagwe had not discussed the move (to transfer the Police Commissioner) with him.

Incidentally, Home Minister R. R. Patil belongs to the NCP, while Ramesh Bagwe belongs to the Congress and represents the Pune Cantonment constituency.
Some observers will remember Ramesh Bagwe for picking up Rahul Gandhi’s shoes at a public function as an act of shame.

 Later sequence of events, clarified the reasons for Ramesh Bhagwe’s ire and announcement.
Lakhmi Gautam, Deputy Commissioner of Police (Special Branch) later confirmed that :

• There were 19 criminal cases against Bagwe
• 15 of those were cognizable offences, and
• 4 were non-cognizable offences.

Lakhmi Gautam clarified that that Bagwe had been acquitted by the courts in some cases, while some cases were still pending against him.

All the furore arose at this point of time because Bagwe had applied for the renewal of his passport in January. All passport applications are sent to the police for verification. They verify whether the applicant has any criminal record.

The police found that some cases were registered against Bagwe in some police stations in the city.
The police sent their report about the cases to the Passport Office in Pune which refused renewal of his passport.

On the 15 May 2010, the Maharashtra Home department sought explanation from Pune’s Police Commissioner, Satyapal Singh as to how a junior police officer was allowed to speak to a journalist against the minister of the department that governs the police force.

The Real Issues

• The real issue is not whether Bagwe manages to get Satyapal Singh the Police Commissioner transferred out of Thane.
• The real issue is also not whether the Lakhmi Gautam, Deputy Commissioner should not have spoken to the press and some minor action will be taken against him.
• The issue is also not about the renewal of a minister’s passport.
• The issue is are we so much short good politicians and administrators  that the ruling party(ies) find it difficult to find a clean person for a sensitive post.
• The issue is whether a person with as many as 19 cases in different courts can or should be appointed a Minister of the very department which is in charge of investigations against him.
• Think over. Morality, ethics, common sense and judicial propriety all defy any logic in this appointment.

Issue of Passport

The State Government can not issue a Passport.
Issue of Passport is the Centre’s prerogative.
The Regional Passport Officers have to necessarily refer all applications to the police for verification. And they have specific guidelines on what to do after receiving a negative report.
Obviously, the police could not have suppressed mentioning the case in their report.

Minister with 19 degrees

Come to think of it, when I was Commissioner of Income Tax in Chennai during 1986 to 1993, I used to take part time classes for MBA and P.G. diploma courses in Madras University.

I decided to acquire a number of PG qualifications. I obtained 4 PG Diplomas and a Masters in Law in 6 years.

So in hindsight, a person with so many pending and disposed off criminal cases is perhaps the best person to head the department.
He would know the ins and outs of the working of the police.
And to say the least, Bagwe’s threat to file a defamation suit is simply ridiculous.
And it would be far more ridiculous for the Congress to support him in this infamous case. They should remove him or at least transfer him.

Even God cannot save this country………  
Supreme Court of India, New Delhi, August 5, 2008

The Supreme Court was hearing a case relating to unauthorised occupation of Government accommodation.

The Bench had suggested that the Government should amend the law to make unauthorised occupation a criminal offence.

Additional Solicitor General, Amarender Saran, told the court that the Union Government had decided not to amend Section 441 IPC (criminal trespass) for prosecuting squatters of Government accommodation in the country. The Government took the stand that the existing provisions under the Public Premises Act were sufficient to evict those unauthorisedly occupying Government accommodation.
The Government further claimed that out of 99,100 government houses, only 300 and odd were under unauthorised occupation for which action had been taken to evict them. This did not satisfy the apex court which said the Government does not have the guts to take on the offenders.

Some Observations of the Bench of the Supreme Court comprising
Justices B N Aggrawal and G S Singhvi.

·         We are fed up with this Government. They don’t have the guts to differ with the opinion of the clerks.
·         Even God will not be able to save this country. In India, even if God comes down, he cannot change our country. Our country’s character has gone. We are helpless.
·         You complain about judicial activism when you are in power. When you are not in power, you come to us for remedy.
·         PILs are being filed by people who are vexed with the approach of the Government on various issues.

Insensitive officials need regular flogging……..

Supreme Court of India, New Delhi, August 8, 2008

Those who have experienced the problems involved in going to a police station and filing a FIR (First Information Report) will advise you never to visit a police station.
You will be advised not to file a FIR and treated worst than a criminal.

A Ghaziabad resident, Lalita Kumari, had to run from pillar to post for registering an FIR after her teenaged daughter was abducted early this year.

Even after registering an FIR on the orders of the Ghaziabad Superintendent of Police on May 11, the local police did not try to search for her daughter. Instead they threatened her to withdraw the FIR.
While hearing this matter, on July 14, 2008, Justice Agrawal had noted his “personal experience” while working as the judge of the Patna High Court, the Chief Justice of Orissa High Court and as Judge of the apex court – that despite the Supreme Court’s strict instruction for prompt registration of FIRs, the concerned police authorities do not register FIRs unless some direction is given by the Chief Judicial Magistrate or the high court or this court.

“Further experience shows that even after orders are passed by the concerned courts for registration of the case, the police does not take the necessary steps. And when matters are brought to the notice of the inspecting judges of the high court during the course of inspection of courts and superintendents of police are taken to task, then only FIRs are registered,” Justice Agrawal had noted.

In a large number of cases, investigations do not commence even after registration of FIRs, and in cases like the present one steps are not taken for recovery of the kidnapped person or apprehending the accused person, Justice Agrawal said.

Justice Agrawal had made some suggestionsfor corrective measures to deal with the callous approach of police in filing criminal cases on the complaints of people.

The bench had suggested that if the police fail to file a criminal case, then the citizen may approach the nearest judicial magistrate, who could direct police to register a First Information Report (FIR).

After this, if the police still fail to register an FIR without any proper reason, the magistrate would be justified in launching contempt to court proceedings against the erring police officer and send him to jail for defying court orders.

Only two states – Uttar Pradesh and Arunachal Pradesh, filed their responses to the suggestion.

Justice Agrawal was very harsh.

Some Observations of the Bench of the Supreme Court comprising
Justices B N Aggrawal and G S Singhvi.
·         Government officials are simply insensitive to the suffering of millions of people across the country. They think they live in ‘Ram Rajya’ (ideal rule). They think it’s their ‘swarajya’ (own self-rule, not for the people.
·         This is their style of functioning. They need regular huntering or flogging by  the court to be made to work said.

The bench ordered the chief secretaries and the police chiefs of all states and union territories to file their responses to the court’s July 14 suggestion within two weeks failing which they would be personally summoned to the court and taken to task.

Recommendation

Wake up bureaucrats.  Supreme Court is watching you.