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
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