Friday, October 25, 2013

236: The Duty of Public Servants

236

ABOUT NON PUBLIC INFORMATION

         The Prime Minister of India, Dr. Manmohan Singh, on 19 October 2013, said that he granted a coal licence to Mr. Birla on the merits of the case placed before him. He added that his judgement was entirely appropriate.
     He is free to function as the Chief Justice of India or to do the work of the Cabinet Secretary while holding the office of the Prime Minister of India.
   Thus he could have handed over the “fruit” even to his own “son”.
    But he should have given Freedom to this writer to know this as and when it happened.
    He did not do so.
   Thus, he treats 1000 million people as mere animals.
      The people consider this as the biggest criminal offence.
       In contrast, the Central Bureau of Investigation (CBI) does not consider this as an offence at all.
    Therefore, this condition would continue as long as it believes in the theory that the political leaders must be “positively willing to act immorally and illegally at the right times”.

       The Government of Karnataka State initiated a CBI probe on the illegal export of iron ore through seven ports. At the same time, it constituted a Special Investigation Team (SIT) comprising police officers from the state.
       Thus, the above State has gone up to the ports.  
   It should have probed the destination of the ores and the method of remittances.
    Further, the miners have deployed the revenue of the nation in various entities under fictitious names as in Sahara Company. The status of these assets also must be known.
   Notwithstanding the above, the people would commend the decision if the SIT produces results within a few days.
         
       A Supreme Court of India Bench comprising Justices G.S. Singhvi and V. Gopala Gowda, on 19 October 2013, ordered a CBI probe into 14 issues relating to criminal dimensions arising out of the so-called Radia tapes. The issues raised in the first report are: supply of low floor buses by Tata Motors to the Government of Tamil Nadu, appointment of Mr.  Pradip Baijal as Chairman of the Pipeline Advisory Committee, allotment of coal blocks to Mr. Anil Ambani , allotment of iron ore mines at Ankua to Tata Steel, favours shown by Mr. V. K. Sibal, then Director General of Hydrocarbons to the Reliance Industries Limited (RIL), fudging of numbers in the subscriber base by Reliance Communications and submission of the same to the Mumbai Stock Exchange (BSE) to save the money, working of touts and  middle men and kickbacks in the aviation sector, market manipulation of the stocks of the Unitech Company and matters related to corruption/malpractice in judiciary.
     The issues are consistent with the predictions of this writer.
    The Bench used hard words – unscrupulous elements, corrupt means and extraneous considerations – and asked the Central Bureau of Investigation (CBI) to conduct an enquiry and submit a report within two months.
     In all small criminal cases, the FIRs are filed as and when they surface. Here, the Supreme Court kept these illegalities away from the eye of the people for years. Thus, it gave life to many culprits.  

    The CBI, on 19 October 2013, said that former coal secretary, Mr. P.C. Parakh, had joined three private firms – Navbharat Power Private Limited, Visa Power Limited and Tata Sponge Iron - after retirement. However, it saw no quid pro quo against him.
     The CBI buries many complaints in the expectation that they will be forgotten.  Does it want to bury this case also?

   On 19 October 2013, Mr. M. Veerappa Moily, Union Minister, said, “When rule of law is concerned it applies to government, it applies to Supreme Court, it applies to everybody”.
     Actually, his words apply to the Supreme Court.
    Apparently, the judges now do not secretly liaise with the union ministers.

    Justice RV Raveendran, a former judge of the Supreme Court of India, in an interview to the NDTV on 20 October 2013, resented that retirement came by the time he matured as a competent judge.
          A public servant must seize the opportunity the nature gives to him. He must give secondary importance to his wife and children to make use of the opportunity.
   Above all, he must prove his worth while in service.

       Cabinet Secretary Agit Seth, on 20 October 2013, expressed dismay over the action of the CBI against the Indian Administrative Service (IAS) officers.
      The Central IAS Officer’s Association, on the same day, sought safeguard for the bureaucrats. It said that no honest officers must be harassed.
    The bureaucrats are public servants. They shall not implement the non public orders of their superiors in private interest.
    They shall not withhold any non- public information that might protect a superior from making a poor decision. This is the important duty of the bureaucrats.
       It may be recalled that the present writer sent the first letter to the Prime Minister of India, Mr. A.B. Vajpayee, on June 1, 2001. At that time, he was taking rest at a hospital in Mumbai.
     A bureaucrat received the letter. He immediately transmitted it to the Cabinet Secretary, apparently, with a note.
       The latter did not wait for the Prime Minister to return to the capital. Instead, he flew to Mumbai with the letter and things happened as mentioned in Chapter 1.  
    The bureaucrats must assess their own present performance in the light of the above.  

     The employees of the Airport Authority of India, on 22 October 2013, started a relay strike protesting the proposed privatization of six airports.
   The report is a reflection of the nature of the Supreme Court.

   RJD chief Mr. Lalu Prasad Yadav and JD (U) leader Jagdish Sharma were, on 22 October 2013, disqualified as Members of Parliament (MPs) following their convictions.
    The big offenders take the revenue of the government. They send the small offenders to jail.

     Union Minister Narayanaswamy, on 22 October 2013, said that the government had nothing to hide.  Describing the government as an open book, he added that the state governments were the competent authorities for the allocations.
    The government hid everything from the people.
    Even now this writer does not know whether Prime Minister Manmohan Singh disposed of the resources of the public based on the decision of the Union Cabinet or not. In fact, the degree of involvement of various Cabinet Ministers remains as a mystery.
     Perhaps, the Supreme Court alone knows the answer.

       After his two day visit to Russia, Prime Minister Manmohan Singh paid a three day visit to China. At China, on 2 October 2013, he said that the USA was fading and China and Russia were best for India.
    India depends upon the USA for employment and foreign exchange. He should have avoided the above discourteous opinion from the Chinese soil.
        It is clear that the people are paying a heavy price for keeping him as the Prime Minister of India.
      Prime Minister Manmohan Singh then said that when India and China shake hands the world notices.
    The world notices the pitiable condition of India.
    India and China, on 23 October 2013, signed a Border Defence Co-operation Agreement (BDCA) aimed at maintaining peace and tranquillity along their 4058 km Line of Actual Control (LAC).
   Now China enters India through the southern side. The moment India tends to annul the trade deficit with China, the latter would enter India through the northern side.
    Thus India sows seeds for a conflict with China.

    Prime Minister Manmohan Singh, on 24 October 2013,  said that he was not above law. He added that the CBI could question him at any time.
     He has been sitting in a cave to issue non public orders. Now, he says that he would remain in a jail to issue public orders.
   His only demand is that he must be allowed to function as the Prime Minister of India.

    The facts from 19 October 2013 to 24 October 2013 are being submitted to His Excellency the President of India, Chief Justice of India, Chief of Indian Army, Chief of Indian Air Force, Human Rights Commission and the Chief Vigilance Commission  on 25 October 2013 through email for necessary action.
       V. Sabarimuthu
26-3 Thattamkonam,Vellicode, Mulagumoodu PIN: 629167
Tamil Nadu State,
INDIA
Phone: 04651275520. Mobile: 9486214851
25 October 2013



    

Saturday, October 19, 2013

235. The Bureaucrats

235


ABOUT NON PUBLIC ORDERS

     A Supreme Court of India Bench comprising Chief Justice P. Sathasivam, and Justices Ranjana Prakash and Ranjana Gogoi, on 8 October 2013, ordered the government and the Public Sector Undertakings (PSUs) to reserve 3 per cent of their jobs for the disabled.
     Thus the judges fulfilled their desire for prestige and appreciation. The disabled might remember them for a long time.

     A Union Minister, Mr. Veerappa Moily, on 8 October 2013, travelled by the Metro rail to reach his office at Delhi, in an effort to save fuel.
     He had helped buy 3000 tonne of gold at $1800 per ounce. Now the price is about $ 1300 per ounce. But there is no money to buy. Thus India lost about 1500 tonne of gold.
      The importance of this could be gauged from the fact that the Government of India under Mr. Chandra Sekher managed to bail out India just by pledging about 100 tonne of gold.
    Therefore, he should not travel by the Metro rail but roll on the roads.

    Chief Justice of India P. Sathasivam, on 10 October 2013, substituted Justice G. S. Singhvi by Justice H.L. Dattu in the 2G Bench.  Thus, the new Bench comprises Justices H.L.Dattu and K.S. Radhakrishnan.
    It may be recalled that the industrialist, Mr. Sunil Mittal, had approached the Bench for relief in the 2G case and Justice G.S. Singhuvi had wanted to stay the proceedings in the 2G Special Court without actually issuing a stay order.
   
    The Central Bureau of Investigation (CBI), on 15 October 2013, registered  First Information Report (FIR) against Aditya Birla Group chief Mr.Kumaramangalam Birla and former coal secretary Mr. P.C. Parekh in the coal allocation case.  
      The CBI said that the competent authority approved the allocation.
      The Director, CBI, said that the agency was following the guidelines of the Supreme Court. 
    Mr. Parakh said that he recommended Mr. Birla only at the instance of the Prime Minister of India. He said that there was no conspiracy. He added that Prime Minister Manmohan Singh was the final decision maker and asked the CBI to tell the reason why he was not included.
      He clarified that the Prime Minister of India was the competent authority.
     Actually, the Union Cabinet did not take any decision – to the knowledge of the people- to make any minister the competent authority for executing any decision.
    At the same time, the CBI raided six offices of the Hindalco and seized Re.25 crore unaccounted money besides retail invoice of gold coins totalling Re.94 lakh.
    After retirement,  Mr. Parekh became the Director of the Navbharat Power. This private company won Rampia Coal Block in the Odisha State after he joined it in 2007.
    "He who has once lived by robbery will always find pretexts for seizing what belongs to others". This is what Machiavelli  said.
   But in India, many reacted to the robbery as given below.
       Union Minister Anand Sharma descried Mr. Birla, Mr.Tata and Mr. Ambani as ionic figures respected all over the world and their integrity could not be questioned. He deplored that vilification alone was taking place in India. He added that the FIR sent a wrong message to the foreign investors.
    Coal Minister Sri Prakash Jaiswal cautioned that the FIR would prevent the bureaucrats from working.
    Corporate Affairs Minister Sachin Pilot talked in a similar way.
    A former coal secretary, Mr. Sharma, said that a distinction must be made between decisions taken in good faith and mala fide decisions.
   A former Cabinet Secretary, Mr.T.S.R. Subramonian, said such actions would stop others from taking decisions. He added that he used to meet 10 business men, 10 bureaucrats and 10 politicians every day.
    Federation of Indian Chambers of Commerce and Industry (FICCI) president Naina Lal Kidwai said that the FIR would dent the national psyche and dampen investor confidence.
     The HDFC Chairman, Mr. Deepak Parekh, said that the biggest fraudsters went scot – free and the innocent harassed.
    The Confederation of Indian Industry (CII) said that the action should not jeopardise the reputation of institutions and individuals.
    Many other businessmen said that that it was becoming impossible to do business in India. They warned that the creation of an atmosphere of fear was not desirable.
     The Mint considered the FIR as a selective one. It said that the CBI connived at many other serious cases. It cited: 1. Tata Teleservices was benefitted in the 2G spectrum allocation, but the auditors ignored it because Mr.Tata was involved.
    2. The CBI did not even calculate the tax dues of a stud farm owner or his unaccounted money.
  3. Many unheard - of companies that were allotted mines had links with some politicians.
      Finally, Prime Minister Manmohan Singh stood by Mr. Birla and asked Union Minister Mr. P. Chithambaram to assuage his feelings.
    There was no indication of anyone approaching the Supreme Court for relief.
    In this connection, it must be noted that the miners fill the very top position of President of India, cabinet members, bureau heads, heads of committees and even judges.
    Therefore, the bureaucrats in India tend to obey them blindly,    
     However, as the Public Sector Undertakings (PSUs) are better suited for the prevention of exploitation, the report of the committee headed by Mr.Parekh is a correct one.
   He should have steadfastly refused to comply with the non public order of Prime Minister Manmohan Singh.
   In this way he could have saved him.
   If Mr. Parekh had not received any favours from any one, he would have escaped.
    Notwithstanding the way one adopts to become the Prime Minister of India, it must be firmly stated that the Prime Minister of India is not a servant of the private parties but a public servant.
     His job is not an opportunity to strengthen his position but to serve the public.
     He cannot sit in a cave and issue secret or non-public orders in private interest.
     His every order- even if it enjoys the backing of the Union Cabinet- must be a public one. Then even the illegal orders could be construed as the orders issued in good faith. He could always say that he did everything with the knowledge of the people.
    In fact, had the people been given FREEDOM to know such orders, at least the present writer would have tried his level best to save the nation from the present disgrace.
          The bureaucrats also are public servants.
     A bureaucrat cannot use non public information to further his own private interest.
       His job also is not an opportunity to obtain a post retirement position in the government or in a private company but to serve the public. But he – just like Prime Minister Manmohan Singh- used his non- public information for his benefit and for the benefit of some others.
    The learned judges of the Supreme Court are also public servants.  They shall not use their position to further their private interest. In fact, they must be ready to lose some benefits.
        Now, they must expose all non-public orders of the Government that led to the denial of Freedom and alienation of the resources of the public.
      
      A Supreme Court of India Bench comprising Justices G.S. Singhvi and V. Gopala Gowda, 17 October 2013, described the so-called Radia tape as deep rooted malice and ordered investigation over 14 conversations. Curiously, one of the conversations pertains to a Chief Justice of India.

    A Supreme Court Bench comprising Chief Justice P. Sathasivam and Justice Gogoi heard a Public Interest Litigation (PIL), on 17 October 2013, and questioned the curbs on news broadcast on private FM radio. The government was directed to respond within four weeks.
  Chief Minister of Odisha Mr. Naveen Patnaik, on 17 October 2013, said that he had requested the Prime Minister to give the ore to the Hindalco.
    All chief ministers have been conniving at the mining activities. In return, they have been accepting money or political power. Some readily accept both and pretend as the champions of the poor.
    As he did not want his government to take the mining work directly, his action was to strengthen his position.
   Now, the Supreme Court must examine his assets.
   Similarly, according to some reports, many got mining licences based on the recommendation of the Congress party.

    Jammu and Kashmir Chief Minister Mr. Omar Abdulla, on 17 October 2013, said that the faith of the people in the justice delivery system was fast eroding.


      The CBI, on 17 October 2013, arrested former Tourism Minister of Karnataka and BJP MLA Mr. Anand Singh for supplying illegally mined iron ore to two trading companies. He had been in Singapore to evade arrest.
    Another former minister, Mr.Janardha Reddy, and some others are still in jail.
    But no court wanted to know the modus operandi of selling the ores or the method of remittances.
    Mr. N. Santosh Hegde, a former judge of the Supreme Court, on 18 October 2013, said that over 7.7 million tonne of iron ore had been illegally exported from Karnataka alone. He did nothing during his stint in the Supreme Court.
    It is clear that an international black market exists for the minerals.
   It must be noted that the miners in their initial stages do not hesitate to give, say, Re. ten crore to buy a property worth Re. one crore.
   In contrast, a judge of the Supreme Court of India cannot buy five cent of land in a city using all his earnings.
   Then the miners park the money in other countries and call it private money.
    After that they invest in various entities. They infuse about 10 per cent from banks or stock market as a show.
   These people flourish and all others – barring a few exceptions - perish due to interest burden.
   Therefore, it is not a question of jail or bail but a question of taking the revenue of the government for the well being of the people.
     If the assets of the miners are private assets, the Supreme Court must protect them.
   If their assets are public assets, the Supreme Court must invade them.
  Further, it is evident that greater illegalities exist in other ores than in coal.
    Therefore, all minerals come under one class and the Supreme Court must direct the government to undertake all large scale mining works directly.
   If the views of this writer are not newsworthy, the Supreme Court of India must obey this writer and make public all other points that are not acceptable.

          The facts from 8 October 2013 to 18 October 2013 are being submitted to His Excellency the President of India, Supreme Court, Chief of Indian Army, Chief of Indian Air Force, Human Rights Commission and the Chief Vigilance Commission simultaneously on 19 October 2013 through email for necessary action.
       V. Sabarimuthu
26-3 Thattamkonam,Vellicode, Mulagumoodu PIN: 629167
Tamil Nadu State,
INDIA
Phone: 04651275520. Mobile: 9486214851
19 October 2013


Tuesday, October 8, 2013

234 Mr. Lalu Prasad Yadav - An Injustice of Personal Malice

    234

AN ETERNAL DISGRACE

      A few TV Channels on 30 September 2013 said that the Supreme Court of India wanted   “None of the above” button in the Electronic Voting Machine (EVM) because of the section 49. 
    This is the reply of the Supreme Court for the last letter.
   However, the court shall not resort to a narrow interpretation of the Constitution of India.
    The spirit of the Constitution is against negative voting.


         Prime Minister Manmohan Singh chose not to visit England on his way back home. He returned to India from the USA on 1 October 2013.
       It is true that the Prime Minister of India cannot pay any visit to any nation to fulfill the demands of a citizen.
     However, as the then President of India, Dr. A.P.J. Abdul Kalam, did not take appropriate action to grant Freedom to Indians, the present writer approached  Her Highness  Queen Elizabeth II.
     The fact that this writer approached the Queen of England was informed to all Commonwealth countries by the Queen. Whatever happened, she did not, later, visit India to declare open the Delhi Commonwealth Games.
       Thus, the contribution of the Queen to the Freedom of Indians has no parallel in history.
      Therefore, the present writer again and again requested Prime Minister Manmohan Singh to pay an official visit to England. He could not accept it. Therefore, he has no honourable place in the world.
             The people must know this because of the nature of the Supreme Court of India.
    Had the Supreme Court been in the hand of a good lot, the people would have known this as and when it happened.
    Now it has to make amends for the lapses. It shall not be adamant in this matter.
          This is not to project any individual at the expense of all the rest at all.
         If the Supreme Court India still believes that the Indians need not be at Liberty to know these things, it is an eternal disgrace to 1000 million people.

     Prime Minister Manmohan Singh, on 1 October 2013, said that his government might have made some mistakes.
      What mistake does he mean?
     It seems that he is musing over some secret worry.
     When he assumed power, Re. 3 lakh crore was rotting in the Provident Fund (PF).  No robber would have overlooked it.
       However, he could have done anything with the money after giving Freedom to Indians. Instead, for the mere love of position, he removed it secretly.
     As the Supreme Court of India still believes that the Indians need not know anything about this matter, the whereabouts of the money are not known to the people.
       It is an eternal disgrace to it.

      Prime Minister Dr. Manmohan Singh, Congress leader Mr. Sonia Gandhi and many other leaders paid floral tribute to Mahatma Gandhi on the occasion of his birth day on 2nd October.
    If Mahatma Gandhi had achieved Freedom to Indians, this work would have been a redundant one.
     In the light of this work, a committee must be appointed to examine whether he achieved Freedom or Slavery to Indians so that the present rituals would not become an eternal disgrace.
 
      A special CBI court at Ranchi convicted two former Chief Ministers of Bihar – RJD leader Mr. Lalu Prasad Yadav and Congress leader Mr. Jagannth Mishra - and 44 others in one of the six 17- year old fodder scam cases. There were two IAS officers among the convicted persons.
     The case is related to the fraudulent withdrawal of Re.37 crore from the Chaibasa treasury by the farmers.
    The judge concluded that high-level politicians, bureaucrats and businessmen connived together and entered into a criminal conspiracy for fraudulent withdrawals of public money.
       The facts and evidences that led him to arrive at the above conclusion were not revealed.
          The defence lawyers argued that the accused had no knowledge about the illegal withdrawals.
      But every public servant must take appropriate action over every paper he receives.
      The counsel for the Central Bureau of Investigation (CBI), B.M.P. Singh, said that Mr. Lalu Prasad Yadav formed enquiry committees instead of a police investigation.    
    He, further, said that the CBI had attached property bought from the fodder scam from every street in Ranchi.         
      As the police are prone to act in bad faith, the decision of Chief Minister Mr. Lalu Prasad Yadav to form an enquiry committee is a correct one.  
    But the recipients of natural resources had wanted a CBI enquiry.
   The Supreme Court then ordered a CBI investigation.
        The Supreme Court of India also knew that the CBI habitually acted in bad faith while dealing with the economic offenders. In fact, the CBI should have been divested of its power to investigate economic offences long ago. Yet it handed over the case to it without even waiting for the report of the enquiry committee.
    Further, the Supreme Court of India too habitually acts in bad faith. This can be discerned from the fact that it refuses to enforce freedom of expression.
     When there is no Freedom, the small things appear as big things; and the big things appear as small things.
      Thus, the CBI talks about the properties attached at Ranchi. It does not talk about the properties bought all over the world from the proceeds from the minerals.
      Therefore, the conviction lacks credibility. In fact, when there is no Freedom, all prosecutions become a farce.
      The Supreme Court of India shall not do an injustice of personal malice before giving Freedom to Indians. 
      Later, on 3 October 2013, the court sentenced Mr. Lalu Prasad Yadav to five years imprisonment and ordered to pay a fine of Re 25 lakh.
   To this, Mr. Lalu Prasad Yadav asked. “When I have not done any crime, how have I been punished?’
      He was silent when Re.3 lakh crore in the PF went into private hands.
    He did not utter a word for the Freedom of Indians.
    Thus, he is being punished for not doing his duty to the nation and not for the Re.37 crore.
   The special judge retorted, “You can appeal in the higher court”.
     Apparently, the judge was oblivious of the fact the Supreme Court had not done anything for the judicial error in the 10 July 2013 judgment mentioned in Chapter 224.
   
    Congress leader Mr.Rahul Gandhi, on 3 October 2013, said that he was being penalized for expressing his opinion on the convicted lawmakers.
             It must be interpreted in the light of the opinions given to the Justice Patnaik- Justice Mukhopadhyay judgements of 10 July 2013 and 4 September 2013 mentioned in Chapter 224 and Chapter 230 respectively.
     Now, the above judges could invalidate the above judgements, because the Supreme Court could declare any law invalid.

    Former Prime Minister of India Mr. H. D. Deve Gowda, on 3 October 2013, said that the corporate houses and their media were supporting Gujarat Chief Minister Mr. Narendra Modi.

      In his dissenting note to the Joint Parliamentary Committee (JPC) report on the 2G matter, Communist Party leader Mr. Gurudas Dasgupta said that Prime Minister Manmohan Singh preferred to remain in office as a matter of greater priority than acting to prevent a grave irregularity. One or two newspapers reported this on 6 October 2013.
     However, he did not reveal the irregularity committed by Mr. A Raja.

    BJP leader Mr. Narendra Modi, on 6 October 2013, said that there should be compulsory voting along with the “None Of The Above (NOTA)” option. Mr. L. K. Advani endorsed his view.
     The above leaders indulge in flattering the Supreme Court of India.
       It knew that the natural assets like iron ore are being sold in the international black market. Yet, it allows it, by defying the Constitution of India.
    Therefore, they flatter it.
   The moment it directs the government to do the mining work directly, they would change their attitude towards the Supreme Court.  
     It is an eternal disgrace to it.
    Now, the Supreme Court alone could undo the public wrongs done by it.

     The facts from 29 September 2013 to 7 October 2013 are being submitted to His Excellency the President of India, Supreme Court, Chief of Indian Army, Chief of Indian Air Force, Human Rights Commission and the Chief Vigilance Commission simultaneously on 8 October 2013 through email for necessary action.
       V. Sabarimuthu
26-3 Thattamkonam,Vellicode, Mulagumoodu PIN: 629167
Tamil Nadu State,
INDIA
Phone: 04651275520. Mobile: 9486214851
8 October 2013