Wednesday, March 11, 2015

Shivraj's vyapam woes


Rakesh dixit

Arguably, the February 2015 has been the blackest month in the political history of Madhya Pradesh for several reasons.  For one, on February 25, the embattled Shivraj Singh government facilitated safe passage to the tainted governor Ram Narsh Yadav by the state plane from Bhopal to New Delhi a day after an FIR was lodged against him for forgery in the forest guard recruitment test conducted by the professional examination board. For another, next day, the ruling party’s brute majority ensured scuttling of the budget session barely four days after its commencement and a day after the budget was presented. Thirdly, on February 26, Congress leader Digvijaya  Singh made public the detail of the calls and SMSes  of the chief minister’s wife Sadhna Singh to jailed mining baron Sudhir Sharma recommending  a candidate’s appointment  for contract teacher. 
The chief minister hit back immediately. On the last day of the month, a paranoid BJP government dug out nine-year-old inquiry report on alleged irregularities in appointments in the state assembly between 1993 and 2003 to lodge an FIR against the then chief minister Digvijay Singh  and the then speaker   Sriniwas Tiwari. Taken together, all these developments unmistakably suggest that the Shivraj Singh government is rattled like never before in the 12years of the  BJP rule, thanks to the probe into the PEB scam that appears to be inching towards  the chief minister. 
Entire state is caught in the vortex of political storm caused by the PEB scam, with fate of  the governor all but sealed and that of the chief minister in  the doldrums.
Now all eyes are on the whistle-blower Prashant Pandey, a cyber expert, who has threatened to furnish clinching evidence before the Delhi High court about the scam. On his petition, the court has forestalled Pandey’s arrest by Bhopal police which had been after him ever since evidence against the chief minister were made public by the Congress on February 16.  The police suspect that Pandey photocopied all the data retrieved
Madhya Pradesh has been no stranger to political swindles that shook successive chief ministers since the state was formed in November 1956. But the multi-billion rupee professional examination board (PEB) scam that has been rocking the state politics for over a year is unparallel for its humongous size and complexity.
It involves chief minister Shivraj Singh Chouhan as a suspected beneficiary of the mind-boggling fraud committed on thousands of aspiring medical students and job-seekers for various government posts.  It is also linked to governor Ram Naresh Yadav whose son and OSD allegedly took money in the premise of the Raj Bhawan to get candidates cleared fraudulently in the contract teacher test conducted by the PEB.
Former personal assistant (PA ) of the chief minister is also accused. Only, Ram Naresh Yadav’s ex-OSD Dhanraj Yadav is in jail whereas Chouhan’s ex-PA Prem Prasad is on bail.        

Asia biggest scam

AICC general secretary Digvijaya Singh, who has been vigorously pursuing the multi-layered scam to nail chief minister Shivraj Singh Chouhan, dubs it the biggest political rip-off in Asia. Cabinet minister Uma Bharti, whose name has also figured in the scam, says it is bigger than the fodder scam of Bihar. She supports the Congress  demand for a CBI probe into the scam, much to the discomfiture of her own party.
The chief minister is facing unrelenting Congress pressure to step down following allegation that he had crucial evidence tempered with to save his skin in the scam. On February 16, senior Congress leaders Kamal Nath, Jyotiraditya Scindia, Digvijay Singh, PCC chief Arun Yadav and leader of opposition Satya Deo Katare addressed a joint press conference on the issue in Bhopal.  Senior supreme court lawyers KTS Tulsi and Vivek tankha, who have fought for Digvijay Singh in the courts on this issue were also present in the meet.

They accused the chief minister of being directly involved in the scam. They alleged that Chouhan had an original excel sheer having his name in 48 places deleted. The excel sheet was allegedly procured from the hard disk of the then PEB system analyst Nitin Mahindra who is in jail.  Mahindra had mentioned names of all those who had recommended admissions and appointments  for various tests through PEB in the excel sheets.
The chief minister has, of course, denied all the allegations against him and described them as a conspiracy of the Congress to malign his image. Digvijay Singh has dared the chief minister to get him arrested if the Congress’s allegations are proved incorrect. He has filed an affidavit  before the special investigation team (SIT) monitoring the investigation ,saying  he was ready to be arrested if his  allegations are proved wrong.
The AICC   general secretary says the Congress will not rest till a CBI probe is ordered into the scam. The BJP is equally determined to foil the Congress ‘campaign to corner the CM.
Since February 16, the scam is once again in sharp focus of the media with both sides hitting at each other.

Go ahead for action against Governor

Meanwhile, the MP high court chief justice AM Khanwilkar’s go-ahead to the Special Investigation Team (SIT) to quiz the governor for his role has added a new dimension to the investigation. The SIT has recommended to make the governor a co-accused under section 120 (B) for entering into criminal conspiracy.  SIT head justice Chandresh Bhushan has said in his report to the court that the governor could not have been unaware of the fact that his son took Rs 3lakh to get 10 candidates cleared in the contract teachers’ test. One of the accused in the case had revealed that he had paid Shailesh Yadav the money in the premise of the Raj Bhawan.  The police are in the lookout for Shailesh in his home town Azamgarh, UP.
With the chief minister and the governor facing the scam heat, the Congress is optimistic of retrieving its lost ground in the state. Following a series of debacle in the state from assembly to Lok Sabha to recently held local body elections, the Congress in the state is staring at an existential crisis.

Mutual recrimination between the Congress and the BJP gives an impression as though the whole scam is a handiwork of the ruling party politicians only. More so, as names of some RSS leaders have also cropped up as suspects.
Congress’s focus on cornering the chief minister further buttresses this impression. But this is only partially true.


Bureaucratic-politician nexus

The most crucial fact being lost sight of in the whole murky affair is that the PEB scam is a shocking manifestation of the rupture in the admission and recruitment system which the state’s bureaucracy has been nurturing for decades for its own selfish end. 

A retired bureaucrat, who has worked closely with Shivraj Singh Chouhan, says he cannot say to what extent, if at all, the chief minister is involved in the scam. “But from experience, I can say that he is paying the price for giving the bureaucracy too long a rope.”
According to him, one of the secretaries in the CM office, who is viewed as Chouhan’s Man Friday, is responsible to a great extent for the mess the chief minister finds himself in.
Another retired IAS officer points out that unbridled powers vested with the PEB was the root cause for the loot to happen through its officers in collusion with middlemen, politicians and bureaucrats.  

PBE: fountain of corruption

Massive corruption spawned by the PEB is traceable to the genesis of the board.  In 1970 the state government formed a board to conduct entrance examination for the government medical colleges. Another board was formed in 1981 for engineering colleges. The PEB, which was formed in 1982, replaced both these boards. With commercialisation of professional education in 2002 insiders breached the system for fraudulent admissions.
Proliferation of private medical and engineering colleges from 2004 onwards paved way for the PEB to start conducting examinations for 50 percent of their seats. Here the college owners played a trick. They got clever “scorers” to appear for these tests. On clearing the test they would withdraw on the last date leaving the field open for the promoters to sell the seats for hefty donations.
The private medical colleges also started post-graduation courses infiltrating into the government colleges through unfair means.

Lure of the lucre in admissions

Why admissions in medical colleges have become a lucrative business for the politico-bureaucratic nexus has to be understood in the backdrop of the poor healthcare, corruption and centralised licensing power in the state.
Madhya Pradesh has only ten medical colleges- six government and four private. Former union minister Jyotiraditya Scindia got approved another medical college in his parliamentary constituency-Shivpuri- but the state government is dithering on allotting land for the proposed project.

Poor health infrastructure

Madhya Pradesh has a doctor-population ratio of 1: 18650 (roughly 1:300 in Europe). Newly qualified post graduates earn approximately 20times the per capita income of the state. Therefore, privileged parents are willing to plough big money in their wards’ medical education. Post graduation costs up to Rs 4 crore in a state-recognised private medical college in Madhya Pradesh. It is much cheaper at Rs 75 lakh to secure a seat in a government college through scam network.
India is the only country where sale of medical seats by private medical colleges is part of official policy. It means ability to pay counts more than merit. The Medical Council of India (MCI), which regulates the sale of medical seats, is itself systematically corrupt.
Issuing threats of de-recognition to the state’s medical colleges from the MCI is an annual ritual. Despite poor infrastructure and acute shortage of medical and para- medical staff, the medical colleges survive the de-recognition threats through greasing the palms of the MCI officials. It suits the politician-bureaucrat nexus fine to keep the healthcare poor and number of medical colleges limited. For, stake for admission in these colleges remains high in terms of money extorted from private medical college owners who, in turn, charge phenomenon donation from students.
The nexus has a direct bearing on the state’s healthcare. MP has the highest infant mortality rate (IMR) at 54/1000 and second highest maternal mortality rate (MMR) at 220/one lakh in India. With over 60% child malnutrition, Madhya Pradesh is compared with sub-Saharan states in hunger parameters.  Yet, in the same state, income tax raids on the premises of two former health directors –Yogiraj Sharma and Ashok Sharma--yielded assets worth several hundred crores. The Central-sponsored National Rural health Mission (NRHM) is the biggest source of loot for the corrupt in the health department.

How greed soared
The ill-gotten money earned through admission-rackets whetted appetite in the political-bureaucratic nexus for bigger money.  The mafias looked for more avenues to satisfy their ever-growing greed. This became possible in 2007 as the BJP government handed the PEB the recruitment examinations for the personnel for various departments including those of semi-government and public sector units. Till then, the state public service commission used to conduct these examinations.
Recruitments to 40 departments are controlled by the board.  Opportunities to manipulate the system for filling the government departments with bogus candidates have become immense. Recruitments of contract teachers and police personnel have proved particularly more lucrative because number of candidates in the two departments was quite high. No wonder then that most of the accused including bureaucrats arrested for recruitment fraud were linked to the tests for contract teachers and police personnel.
Earlier these recruitments used to be organised through respective departments. Corrupt officials in the departments would strike deals with the racketeers to get chosen candidates cleared. The clandestine operations would go on smoothly, barring occasional rumblings from the candidates who thought they were cheated. But such complaints were too few and far between to warrant serious media attention.
Manipulating recruitment norms
In fact, smoothness of the admission-recruitment racket emboldened the nexus to tweak the system more audaciously to make their operation smoother.   
For instance, when the 'recruitment mafia' realised that though it could help candidates pass the theory test for police department but it could not help them clear the physical test, they got fitness norms diluted. In some cases they even managed to get the fitness test abolished. The bureaucracy was only too willing to help the mafia--of course, for a price.
While the college admissions fetched the middlemen anything between Rs 5 to 50 lakh per candidate the recruitment racket fetched them Rs 1 to 10 lakh for each candidate.

Enters the kingpin
With the admission-recruitment racket growing into a multi-billion industry, a top power broker in Madhya Pradesh, Sudhir Sharma, decided to control the PEB’s corrupt empire. Sharma’s rise during the 10 years of the BJP regime has been stupendous. He was a teacher in a RSS-run Saraswati Shishu Mandir. When his close friend Laxmikant Sharma became mining minister, Sudhir quit the job and entered into mining business. Within years, he emerged as a top notch mining baron. His wheeling-dealing in the bureaucracy increased. Transfers, postings and appointments in the state government department became his shady side business.

Master manipulator appointed

Leveraging friendship with Laxmikant Sharma, Sudhir got his acolyte Pankaj Trivedi appointed as examination controller in the PEB. Trivedi was a lecturer in an Indore college, so his elevation in the PEB raised many eye brows in the bureaucratic circles. But   Sudhir succeeded in silencing them.  One of Pankaj’s brothers Piyush trivedi is the vice chancellor of the state’s only technical university. Another brother Sudhanshu Trivedi is BJP’s national spokesman.
Pankaj Trivedi turned out to be smarter in system manipulation than even Sudhir had imagined. He managed to buy all the key functionaries in the board, notably chief system analyst Nitin Mahindra, assistant programmer C K Mishra, Ajay Sen and Santosh Gupta.


How fraud was committed

They colluded to subvert the PEB functioning broadly in three ways to allow the massive loot continue with impunity. 
Impersonation:  An impersonator is one who writes an exam on behalf of someone else. They are brilliant students who can score very high marks. The concerned officers on the examination board would change the photograph back to that of the original candidate after the exam. The student would end up passing an exam which he or she never appeared for. The impersonators would be paid a hefty amount for securing the seat. 
Engine and bogie system: A person would be fixed by people on the board whose work would be like that of an engine. He would be seated strategically between two other candidates who wanted a seat. The engine would help them copy from his own paper. The examiners would be  usually bribed to fix the seating arrangements.
OMR sheets: The chosen candidates would be asked to leave their answer sheets blank. They would be randomly given high percentages after the exam. Concerned authorities of the board then would file an RTI demanding to view those exact answer sheets. They then would fill in the answers in the OMR booklet according to the marks the candidates had already been given. This would be done so that if someone were to ever check those answer sheets, there would not be any loopholes that could give them away.
For years, Pankaj Trivedi and company got away with cheating thousands of deserving medical students and job aspirants, primarily because they were secure in the belief that Laxmi Kant Sharma, who was also technical education minister, was protecting them. Although the PEB is supposed to be a self-financed, autonomous body with a senior IAS officer as chairman, it was Trivedi and company who called the shot.  The then chairman Ranjana Choudhary was completely in the dark about the dubious goings-on right under her nose.
How the lid was blown on scam
By the time, the scam was unearthed in July 2013, the Trivedi and  company had got admitted over 1000 undeserving students admitted in the state’s medical colleges. Besides, several hundred persons had entered in government jobs after paying hefty cut to middlemen, who shared the booty with the PEB gang. Billion of rupees had changed hands when the crime branch in Indore registered the first FIR in the scam and arrested Dr Jagdish Sagar, one of the kingpins in the PMT fraud.
The arrest followed production of concrete evidence in the fraud by whistleblower Dr Anand Rai in the court.  The Indore bench of the high court also spurred the police to act following a writ petition filed before it by parents of some students who had appeared in the PMT-2013. They pleaded with the court to scrap the test in the wake of the reports that 300 ineligible students had managed to get into the merit list.
The police seized a list of 312 candidates from Dr Sagar’s palace-like house 12 days ahead of the counselling for PMT-2013. 
Till July 2013, there had been sporadic reports that appeared from time to time since 2008 in the state’s media about ‘Munna Bhais’ having got admission in the state’s medical colleges. 
Dr Anand Rai says the PMT scam had been going for at least 10 years.  ‘The first case of impersonation was brought to light in 2004 in Khandwa district. Most of the cases are still running in courts’. 

The scam snowballs
Dr Sagar’s arrest in July 2013 blew the lid on the scam. However, bigger storm was still in store. His interrogation led to arrest of Pankaj Trivedi and company in September 2013. When Pankaj started singing in the police custody, magnitude of the scam began to snowball. He confessed that the scam was not confined to the manipulation in the PMT but also involved forgery and bribery in at least five recruitment tests conducted by the PEB. These included food inspector, milk federation, contract teachers ,Subedar-sub inspector and police recruitment tests.
Given the ever widening ramification of the PEB scam, the chief minister announced to form a Special Task Force (STF) for investigation. The Congress alleged that the STF was formed in a hurry to preclude possibility of a CBI probe into the scam as the CM was aware about involvement of many BJP leaders.  
However, the STF’s prompt actions convinced people about its earnestness and, as a result, the Congress failed to make the scam a potent election plank in the assembly polls held in November 2013. The BJP romped home with a bigger majority.
Once the election was over, embarrassment for the new government began as Pankaj Trivedi started naming influential beneficiaries of the loot at the expanse of thousands of deserving candidates for jobs and admissions. He named his mentors Laxmikant Sharma and Sudhir Sharma as key recommenders for the fake appointments and admissions.  Laxmikant Sharma had lost the recently assembly election. Sudhir Sharma had gone into hiding.

STF  on overdrive

With revelation of the two important names, the scam unravelled with breath-taking speed.  By December 2013, the STF identified 129 accused. They included Dhanraj Yadav, officer on special duty (OSD) to governor, Aurobindo medical college, Indore chairman Vinod Bhandari, his colleagues, IAS officer KK Jain, deputy commissioner RK Mishra, DIG RK Shivhare, IG Sonali Mishra’s brother Bharat Mishra, two state police officers from Gwalior, OSD to Laxmikant Sharma, OP Shukla, and OSD to the chief minister Prem Prasad. Some of them had paid money to touts for securing admission of their wards. Others had acted as tout themselves.
Poignant stories of the ‘criminals’ plight
Subsequent months saw the STF going fast and furious in arresting suspects in the scam. Each arrest led to more revelations and, therefore, more arrests. Boys and girls would be picked up from their homes and brought to the STF office for interrogation like criminals. Some would be accompanied with their parents. Poignant stories appeared in the media as to how some parents had obtained loans after pawning assets to pay to the middlemen.  Photographs of the boy and girls being herded to the police stations would evoke pity towards the accused and anger against the system which brought them to this sorry pass.
Leader of opposition Satya Deo Katare recalls how he was deeply moved by the plight of the arrested students who were suspected of getting admission through fraudulent means.
“ It is pity indeed that poor students suffered the ignominy of arrests while the real culprits are still  out of the law’s reach”, he laments.
According to Katare, the scam has directly hit nearly 3.5 lakh families.
The arrests of Laxmikant Sharma and his OSD OP Shukla created most sensation. While being taken to court, Sharma told mediamen that three IAS officers were behind his arrest. Shukla cryptically said if he opened mouth, it would shake the entire bureaucracy. However, both chose not to divulge names. Incidentally, OP Shukla used to flaunt his fabulous connections in the IAS fraternity when he was an OSD. He was alleged to be a key interface between Pankaj Trivedi and bureaucrats who wanted their favourites appointed in government or admitted in medical colleges.
By April 2014, over 1000 accused including suspected Munnabhais and their wards had been arrested. Number of those absconding was even bigger.
CM’s predicament
A visibly upset Shivraj Singh Chouhan admitted in the maiden session of the assembly after formation of the new government   that the STF had detected 1000 bogus appointments made through nexus of the mafia with the PEB officials. He, however, refused to accede to the Congress demand for a CBI probe into the scam.
His stonewalling the demand for a CBI probe further infuriated the Congress which hit the street with a variety of agitations. For months, the scam rocked the state. While STF and state police were busy arresting and interrogating the suspects across the state, the Congress kept mounting pressure on the chief minister for a CBI probe.
The near-decimation of the Congress in the Lok Sabha election in May last year had a profound bearing on the STF probe.  A cocky BJP, which won 27 out of 29 Lok Sabha seats in the state, maintained that the STF was doing a fine job. The Congress was too demoralised to revive stir against the government.
Meanwhile arrests have continued. So far, more than 160 FIRs have been registered, 1800 persons arrested and over 1200 admissions in medical colleges cancelled. The latest to be arrested among influential persons is Amit Pandey, the husband of the senior IAS officer Amita Vajpayee Pandey. He was held for his role in contract teachers’ recruitment in January this year.
The multi-layered PEB scam is as complex as it is wide-ranging. STF personnel have arrested suspected middlemen and impersonators from many states including UP, Karnataka, Bihar and Delhi.
While the STF is doing its job, the Congress’s main focus is on how to implicate the chief minister in it.


Court steps in to monitor probe
Even as the Congress stir slackened following debacle in the Lok sabha election, AICC general secretary Digvijay Singh has vigorously pursued the case for a CBI probe in the high court. However, his attempts have not borne fruits so far. 
Rejecting Digvijay Singh’s plea for a CBI probe, the MP high court chief justice AM Khanwilkar in November last year ordered to form a Special Investigation Team (SIT) to monitor investigation conducted by the STF. Since then, the SIT headed by retired high court judge Chandresh Bhushan is monitoring the probe and duly reporting the progress to the high court chief justice.
It may take years before the accused are finally convicted, given the sheer complexity of the scam and huge number of accused involved in it.
The scam may have rocked the state but it hasn’t instilled fear in the bureaucracy about corruption. The bureaucracy-politician nexus still endures in the state. Only, it has become a little more cautious following the unearthing of the PEB scam.











Tuesday, March 10, 2015

courting trouble in MP high court

Courting trouble

MPHC Chief Justice -AM Khanwilkar cut
In an unprecedented move, more than one lakh Madhya Pradesh lawyers are up in arms against their chief justice over certain decisions taken by him. who will blink first?
By Rakesh Dixit
There is trouble brewing in the Madhya Pradesh judiciary and it is threatening to become an all-out fight. Trust deficit between the lawyer fraternity and the MP chief justice, Justice Ajay Manikrao Khan-wilkar, following a series of decisions taken by him, has reached unprecedented levels. For the first time, lawyer associations have urged Chief Justice of India HL Dattu to transfer Justice Khanwilkar out of the state.
The trouble started on November 5 last year when the chief justice, in a memorandum, asked his subordinate judges in 51 districts to ensure disposal of cases pending for five years or more by March 31, 2015. This brought him face-to-face with state bar associations representing over one lakh lawyers. So intense did it become that lawyers across the state abstained from courts on February 10 to press for Justice Khanwilkar’s transfer.
The call for strike was given by State Bar Council of Madhya Pradesh (SBCMP), MP Senior Advocates Bar, MP High Court Advocates Bar Association, MP High Court Bar Association (MPHCBA) and district bar associations. However, the Bar Council of India snubbed its state unit and asked it to withdraw the agitation. Its secretary, JR Sharma, said in a letter to the MP Bar Council: “The movement involves a few members trying to lay undue pressure on the high court” and advised the state unit to recall the boycott. But the boycott continued.
TOUGH STAND
The chief justice too is in no mood to relent. He says that the memorandum is in keeping with the national litigation policy, which was announced in June 2011 by then law minister Veerappa Moily. It was meant to reduce pendency of cases and government litigation which forms the bulk of pending cases. Describing the lawyers’ boycott as unfortunate, MP High Court Registrar-General Ved Prakash Sharma said that the chief justice’s memorandum was a progressive step towards speedier justice for people.
However, MPHCBA president, Adarsh Muni Trivedi, argues that the memorandum is illegal as it seeks to set a deadline for disposal of cases, which violates Supreme Court guidelines. He cites the P Ramchandra Rao versus State of Karnataka (2002) and AR Antule versus RS Nayak (1992) cases, where the Sup-reme Court had ruled that setting a deadline for disposal of cases is beyond the jurisdiction of a chief justice. “Fixing such a deadline is possible only through legislative means and this would require amendment in the criminal procedure code,” Trivedi claimed.
What has especially irked lawyers is the warning to judges that “if they fail to do so (meeting the deadline for disposal of cases), they must assign good reasons for it, otherwise adverse entry be entered in their confidential report by the district and sessions judge”.
lawyers protest 1

Lawyers protest against the arbitrary decision of the CJ. (Featured image): Justice AM Khanwilkar, chief
justice of MP

IMPEDING JUSTICE
There is also specific instruction to the district and sessions judges that “the concerned judicial officer be directed to dispose of the case within the time-frame and on priority basis by curtailing unnecessary adjournment”. Lawyers fear that this could make courts scuttle a trial without adjudication to comply with the memorandum. 
Trivedi says this is the latest among a series of administrative orders issued by the chief justice that have inconvenienced lawyers and high court judges alike and impeded the justice delivery system in the state. But there are other issues too. Indore-based high court advocate Amit Upadhyay says that the lawyers had been in conflict with the chief justice ever since he introduced a new roster system for listing of cases. Since then, he has been issuing a new order every few days.
Justice Khanwilkar was sworn in as the 22nd chief justice of Madhya Pradesh on November 24, 2013. He was earlier chief justice of Himachal Pradesh. When he took over, a confrontation between the Bar and the Bench had already been brewing over implementation of the Law Commission report on the appointment and transfer of judges. It had said judges should not be appointed in the same high court in which their kith and kin are practicing.
MOTIVATED MOVE?
What made it worse for Justice Khanwilkar was that soon after being sworn-in, he invited chief minister Shivraj Singh Chouhan for dinner at his residence after he spectacularly won the state assembly elections in November 2013. A few months later, the chief justice called a bunch of petitions related to the state’s biggest admission and recruitment scam aka professional examination board scam from the three benches for hearing in his own court. This caused the perception that the chief justice was being soft on the ruling party, particularly the CM. His move further widened the trust deficit between him and lawyers.
“Not only did the chief justice centralize all cases related to the scam in his hands, he also decided to conduct in-camera hearings so that the media did not get to report the proceedings. His action was bound to raise eyebrows because a host of BJP leaders were involved in the scam,” explains a senior lawyer on condition of anonymity.
AICC General Secretary Digvijaya Singh, whose petition in the high court for a CBI probe into the scam was rejected, says he feels deeply disappointed by the verdict. The chief justice, instead, ordered setting up of a special investigation team to monitor progress of the cases being handled by a special task force of the state police. The investigation is progressing at a snail’s pace since.
Why the pendency?
Lawyers across three benches of the high court in Jabalpur, Gwalior and Indore struck work against the chief justice for the first time in December 2013 when he introduced a roster system for judges to hear all kinds of cases. In the old roster system, high court judges would be assigned specific tasks such as dealing with PILs, criminal cases, civic issues, etc. But under the new system, judges had to take up any case that came up for hearing before their bench. This made it difficult for lawyers, who are specialists in a particular legal field, to appear in various benches at the same time. Advocate Anil Ojha, secretary of HC Bar Association, Indore, says: “After introduction of the system, pendency in the courts has increased by three times in the past one year. It has also increased the cost of litigation.”
On the face of it, the directive to clear cases in a time-bound manner makes sense, given the backlog of cases, but it goes against the guidelines of the Supreme Court. Agitating lawyers have now urged Chief Justice of India HL Dattu (left) to transfer Justice Khanwilkar out of the state.

Justics H L Dattu (1)
However, legal experts say the introduction of a roster system is the right move towards breaking the nexus between advocates and judges. It also aims at bringing transparency in judicial procedures, they contend.
Another move of the chief justice which evoked mixed reactions was implementation of an auto-generated software program for rationalization of assignment of cases. While one section of lawyers hailed it as a much-needed reform to expedite justice and a check on bench-hunting, a majority were unhappy with the arrangement. Bench-hunting refers to petitioners managing to get cases heard by a particular judge and ensuring a favorable order. However, a study by IIM-Indore had analyzed administrative functioning of high courts on filing, listing and disposal of cases. “Administrative rationalization is likely to expedite disposal of cases, balance workflow and increase satisfaction among stakeholders,” the study said. Registrar-General Ved Prakash Sharma said a comparison of cases before and after disposal of cases in 2013 and 2014, respectively, proves the success of the scheme. “In the first quarter of 2013, 27,002 cases were disposed of. In 2014, this went up to 35,880, an increase of 25 percent,” he says.
CENTRALIZING POWERS
Justice Khanwilkar also centralized all the powers in case of urgent matters. Earlier, any high court judge in the three benches could hear petitions on urgent matters brought before him. But the chief justice, through an administrative order last year, deprived them of this power. Now, lawyers from all three benches are forced to queue up in the chief justice’s court for appearing in urgent matters.
A high court judge said the chief justice’s penchant for centralizing powers earned him the wrath of the Supreme Court in the sexual harassment case involving a lady additional session judge who had complained against a high court judge in the Gwalior bench. In December last year, the Supreme Court quashed an in-house panel formed by the MP chief justice to probe these charges. The Supreme Court two-member bench, in its order on December 18 last year, requested Dattu to constitute a fresh in-house committee of two high court chief justices and a high court judge—all from outside the state—so that both the complainant and the accused were assured of a fair investigation.
The SC Bench frowned on Justice Khan-wilkar for ignoring a 1999 apex court order mandating the formula of a three-member committee of outside judges to probe allegations against sitting high court judges. Justice Khanwilkar had formed a two-judge probe panel that included a woman high court judge. 
It waits to been how this fracas will now be resolved.

- See more at: http://indialegalonline.com/courting-trouble/#sthash.1plOsCSF.dpuf

Saturday, February 28, 2015

Bhopal's wasteland


124
Buried hazardous waste from the union carbide plant has seeped into drinking water sources, debilitating the lives of people there. Will incineration finally close this sad chapter?
By Rakesh Dixit
Thirty years after the world’s worst industrial disaster took place in Bhopal, buried toxic waste from the Union Carbide plant is still creating havoc in the lives of people living around the plant. Lethal cyanide gas killed thousands and maimed lakhs on December 2, 1984. Even today, more than 50,000 people around the killer factory continue to drink water that has been poisoned by the hazardous waste.
This was found out in July 2004, when a voluntary organization moved a PIL in the Madhya Pradesh High Court after soil sample tests carried out in and around the closed Union Carbide plant revealed air and water pollution due to 350 tons of buried toxic waste. The waste can be found in pits in some 21 locations within the 68-acre site and also buried in wasteland outside. But despite petitions from the state government and NGOs, little was done to remove it.
INCINERATION TRIALS
However, nine years and several U-turns later, a 2005 order of the MP High Court to incinerate the waste at Pithampur industrial area in Dhar district of MP has finally been accepted by the center and the state government. However, doubts persist as to when the incineration will begin. RA Khandelwal, commissioner, Bhopal Gas Tragedy, Relief and Rehabilitation Department, says the Supreme Court (SC) had in April 2014 ordered that 10 tons be incinerated at Pithampur on a trial basis. “However, due to technical glitches in the incinerator, the waste has not been sent to Pithampur,” he says.
“If the trial run goes through successfully, the remaining waste can then be incinerated over the next five weeks or so,” says Pravir Krishn, principal secretary, Bhopal gas relief and rehabilitation. A Mumbai firm has been tied up for this project at an estimated cost of Rs. 110 crore.
NGOs working among the survivors are skeptical about the government’s plan and anguished over the delay. “Why were so many years wasted in court wrangling?” asks Abdul Jabbar, convenor, Bhopal Gas Peedit Mahila Udyog Sangathan. “For people near the factory, the tragedy isn’t over as yet, as they still face air and water pollution from the hazardous waste lying there,” he rues.
The flip-flop over disposing off the waste began in 2004. That’s when the MP High Court constituted a task force to make recommendations on its disposal after a petition was filed by Alok Pratap Singh, an activist. In June 2005, MP tasked Ramky Enviro Engineering at Pithampur to burn the waste.
STIFF OPPOSITION
But the move faced stiff opposition from NGOs, which claimed that waste disposal at the incinerator would harm Pithampur’s people and its environment. Even BJP leaders such as former union minister Vikram Varma and Lok Sabha Speaker Sumitra Mahajan lent their support.
Subsequently, the high court amended the order, asking the state government to dispose of the waste at Gujarat’s Ankleshwar incinerator. This was resisted by NGOs from Gujarat. The then Narendra Modi government petitioned the apex court to review the decision. MP too moved the SC in August 2008. In October 2009, the task force took another U-turn and decided to recommend incineration at Pithampur.
The SC upheld this in its order in January 2010. However, protests again erupted in Pithampur, forcing the MP government to write to the center in August 2010 to reconsider the decision. The center, in turn, moved the MP High Court, seeking directions to incinerate the waste at a Nagpur facility of the Defense Research and Deve-lopment Organization. The court agreed.

CHITTORGARH, DEC 3 (UNI):- Hameeda Bano from Bhopal, who know about the gas tragedy at Bhopal still his memory for those day, she is stay longat Chittorgarh, on Wednesday.  (With Varta Story) UNI PHOTO - 66U









adil-muhmada-large-copy
But yet again, protests erupted, this time from the Vidarbha Environmental Action Group. The NGO managed to get a stay from the Mumbai high court in July 2011. To break the impasse, officials of the pollution control boards of MP and Maharashtra agreed that Pithampur would be the incineration site.
Meanwhile, a German company, GEZ, evinced interest in destroying the toxic waste in Hamburg. The center took this proposal to the SC for approval. It directed the MP government to send the waste to Germany in April 2012, only to revert the order following withdrawal of the offer by GEZ because of opposition to this in Germany.
In October 2012, a group of ministers (GoM), headed by then FINANCEminister P Chidambaram, once again decided that the waste would be destroyed at Pithampur. The GoM earmarked `315 crore for the project. The SC finally approved the GoM decision in April this year.
INSENSITIVE COURTS
“The courts have not been sensitive to the plight of the gas tragedy victims. Let us hope more judicial flip-flop will not happen,” Jabbar says. “There is a very high prevalence of anaemia, delayed menarches in girls and painful skin conditions. But what is most pronounced is the number of children with birth defects,” says activist Satinath Sarangi of the Bhopal Medical Appeal, which runs a clinic for gas victims.
While those directly affected receive free medical health care, activists say authorities have failed to support those sick from drinking the contaminated water. Baskut Tuncak, UN special rapporteur on human rights and toxic waste, said in a statement recently: “New victims of the Bhopal disaster are born every day, and suffer life-long from adverse health impacts.”
Sunita Narain, director, Centre for Science and Environment (CSE), says the waste dumped by Union Carbide is a serious problem and needs to be dealt with urgently. CSE had, in 2009, taken samples from around the factory site and found that it contained chlorinated benzene compounds and organochlorine pesticides 561 times above the national standard. The chemicals from within the site matched those in the drinking water in colonies outside, the report said.
Seventeen people living around the plant had also filed a petition in US courts to get Union Carbide to bear the cost of the clean-up.
However, a New York court in August this year struck down this case, ruling in favor of Union Carbide Corporation, saying the company could not be sued for ongoing contamination from the chemical plant.
Justice is not easy to come by.

XAM SCAM MeeMeet the whistleblowers who shook Madhya Pradesh, and now fear for their lives

Meet the whistleblowers who shook Madhya Pradesh, and now fear for their lives
The governor resigned on Wednesday after being booked in a huge exam scam that is now inching ominously close to the chief minister.

Yesterday · 08:45 am


Photo Credit: IANS

Three whistle-blowers who helped the police unravel a huge multi-billion-rupee exam and recruitment scam in Madhya Pradesh have said that their lives are in danger in the state and that they need the protection of central security agents.

The scam relates to the state’s Professional Examination Board, which is responsible for conducting tests for admission into the state’s medical colleges and for recruitment to government departments. The police investigation has implicated officials and politicians, and is now inching ominously close to the Bharatiya Janata Party chief minister, Shivraj Singh Chouhan.

On Wednesday, at the behest of the union home ministry, the state’s governor, Ram Naresh Yadav, resigned after a special task force named him in a first information report relating to the scam, alleging that he was involved in irregularities in the recruitment of forest guards. They booked him under various sections of the Indian Penal Code, including 420, which relates to cheating. Yadav’s son, Shailesh, had already been named in a chargesheet that the special task force investigating the scam had filed on February 9. Yadav is possibly the first Indian governor to be booked in a cheating case.

Over the past week, the otherwise fractious Opposition Congress closed ranks to vociferously demand that Chouhan and Yadav resign for their alleged roles in the scam.

The whistle-blowers — doctor Anand Rai, computer security expert Prashant Pandey and right-to-information activist Ashish Chaturvedi — say their lives are in danger. The three men, who provided vital information to the police last year, say they have lost faith in the state police, whom they claim are trying to frame them.

The state home minister, Babulal Gaur, promised to ensure full security to the whistle-blowers. “If any of the whistle-blowers has any problems with the police, they should come to me,” he told Scroll.in “If Mr Rai had come to me I would have increased his security. If Ashish is being tortured by the guards we have provided him, he should come to me. I will appoint others in their place.”

Whistle-blower 1

Pandey is perhaps the most vulnerable because insiders say he was the one who supplied crucial information to Congress leader Digvijay Singh that might implicate Chouhan. The information includes a spreadsheet containing the various requests made to bypass rules in the exam board and the corresponding names of the people who made the requests. Chouhan’s name figures four dozen times in that spreadsheet, Singh alleged at a press conference addressed by several Congress leaders on February 16.

This is the original spreadsheet that was recovered from the hard disk of the exam board’s former systems analyst, Nitin Mahindra, who is in jail for his alleged role in the scam. Chouhan had tampered with this spreadsheet by deleting his name in all instances and inserting those of others, including union minister and former state chief minister Uma Bharati, Singh alleged.

On February 24, Singh also submitted to the Special Task Force a soft copy of the spreadsheet and details of mobile calls allegedly made by the chief minister's wife to exam board officials. Singh has also submitted an affidavit to the Special Investigation Team that is supervising the STF, saying that the chief minister was free to take legal action against him if the allegations are proved to be incorrect.

Two days after the Congress leaders’ joint press conference in Bhopal, Pandey received a call from a state intelligence agency official at his house in New Delhi. “He asked me several questions,” Pandey told the Bhopal-based newspaper, Nav Dunia. “I felt some people were following me and tapping my phone. I was scared. I immediately decided to move the Delhi High Court for protection.” The next day, the Delhi High Court accepted Pandey's plea for protection against possible retribution, and directed the Madhya Pradesh police not to arrest Pandey in connection with a case they had lodged against him last year.

In August, the Bhopal police had arrested Pandey and a friend from a city hotel. They accused him of accessing various devices and laptops without authorisation. They lodged a criminal case against him under several sections of the IT Act and section 420 of the Indian Penal Code, which relates to forgery. Pandey obtained bail and fled to Delhi. The police again started hounding him following the Congress leaders’ press conference, he told the newspaper.

Until July last year, however, Pandey was considered a great friend of the special task force and the state police. He was then helping investigators retrieve the data from the hard drives of the exam board officials’ computers.

Then on July 21, Congress leader KK Mishra from Indore, who is from Prashant’s hometown, made public details of calls that the chief minister’s wife, Shadhna Singh, and his staffers allegedly made to exam board officials. The police concluded that Pandey had selectively leaked some of the retrieved data to KK Mishra. The whistle-blower immediately came under police surveillance.

“It is misleading to say that I leaked documents related to the PEB,” Pandey told journalists, the Hindi newspaper reported. “I am helping Digvijay Singh only in technical matters. Whatever documents I have, I will produce before the Delhi High Court in the next hearing.”

Meanwhile, the state government’s public relations department has circulated a note to journalists alleging that Pandey is a fraud and a blackmailer.

Whistle-blower 2

Anand Rai, another whistle-blower, said the police were denying him security, accusing him of being a criminal. Rai was provided one guard on the directive of the state high court last year.

“When I moved the high court, the government opposed my plea at every stage, saying I was a habitual criminal, although I am a government doctor. They eventually agreed to provide me one guard,” he said to the Hindustan Times last week. Rai alleged that the police and STF were hostile to the whistle-blowers because the chief minister was directly involved in the scam.

Four years ago, Rai came into the limelight for exposing unethical drug trials involving doctors in medical colleges and hospitals in Bhopal and Indore. His crusade led to the government of India tightening norms for conducting drug trials. Some of the doctors were fined, others were suspended, and still others face inquiries by their departments.

In July, Rai, who was suspended from a government medial college in Indore following his campaign against drug trials, tipped off the police about the presence of a large number of exam impersonators in different hotels in Indore. The city crime branch conducted raids and arrested four of them. Later, when the police questioned them, they revealed that they were working for Jagdish Sagar, a doctor who is the kingpin of the racket.

Whistle-blower 3

Ashish Chaturvedi, the third whistle-blower, who lives in Gwalior, has already suffered two attacks and an abduction bid even as the lone policeman who was supposed to guard him looked the other way.

Chaturvedi told journalists on February 24 in Bhopal that security men had roughed him up in January when he had gone to the exam board office in connection with RTI applications that he had filed regarding the scam. Chaturvedi immediately lodged a complaint with the local police.

"Everyone knows that my life is in danger after I blew the lid off the scam,” he said. “With this kind of a guard, I do not know what will happen if someone attacks me again," he said.

The Bhopal police denied Chaturvedi’s claim that he had been roughed up. "He was stopped at the gate [of the exam board office] and the security personnel asked him for his address and name for  the visitors' book,” inspector Brajesh Bhargav of the Nagar Town police station said in a press release. “But this angered him so much that he started abusing the security personnel.”

Chaturvedi told journalists that exam board officials were hostile to him because he files RTI applications. "Whenever I visit the office to file an application, officials object. They accept my application every time as they do not have an option. But they tell me that they are not happy with me for filing RTI applications regularly."

According to Chaturvedi, two attempts on his life have been made in Gwalior ever since he lodged an FIR in July against Gulab Singh Kirar, who is allegedly involved in the scam. Chaturvedi was also assaulted by two youngsters in Gwalior on January 1. The youths alleged that he was teasing girls in a local market and started beating him. His guard remained a mute spectator, Chaturvedi claimed.

He wrote to the police saying there was a threat to his life from 30 people, and the police had booked these people, he said. He has written to the state human rights commission and requested the special investigation team monitoring the probe by the special task force to deploy central security forces to guard him.

Thursday, February 19, 2015

Shivraj's acid test in the PEB scam

Why BJP chief minister Chouhan faces the biggest crisis of his career
With Congress leaders attempting to implicate him in a huge exam fraud, Shivraj Chouhan has become vulnerable to pressure from Modi, an old rival.

Feb 18, 2015 · 07:00 am


Photo Credit: IANS

Less than two years ago, Madhya Pradesh Bharatiya Janata Party chief minister Shivraj Singh Chouhan was gloating about the disintegration of the Congress in his state. But this week, he has reason to fear a show of unity by the party's leaders.

Congress parliamentarians Kamal Nath, Digvijay Singh and Jyotiraditya Scindia, the state party chief Arun Yadav, leader of the opposition in the assembly Satya Deo Katare and member Suresh Pachori held a joint press meet, a rare occurrence, on February 16. At the meet, they accused the chief minister of  tampering with evidence to save his skin in a multi-billion-rupee scam involving the state's Professional Examination Board.

This board is responsible for conducting tests for admission into the state’s medical colleges and for recruitment to government departments. The scam surfaced in July 2013, when the Indore police arrested a doctor suspected of taking money from candidates in return for arranging for supposedly better-prepared impersonators to take the tests. The scam also involves other irregularities, such as manipulating the seating arrangement.

The Congress leaders alleged that the chief minister had manipulated data in an Excel spreadsheet on the hard disk belonging to the board's system analyst, Nitin Mahindra, who is also a suspect. The original spreadsheet had the name 'Shivraj Singh' in 48 places but these had been deleted, they claimed.

The scam

The police has registered more than 150 First Information Reports related to the scam. Hundreds of medical students and middlemen who colluded with officials in the board are in jail, but hundreds of others are absconding.

Among those in jail are a former minister, the minister's officer on special duty, the governor Ram Narsh Yadav's officer on special duty, two senior BJP leaders, a senior bureaucrat's husband, a senior police officer's brother, a Congress leader  and dozens of  parents who paid money to middlemen to  get their children fraudulently admitted into medical colleges or placed in government jobs.

The scam is still unravelling, with more cases of fraud continuing to surface. Most of these were allegedly executed by Pankaj Trivedi, the board's exam controller, and its system analyst Nitin Mahindra, acting on recommendations from politicians and their aides or middlemen with whom the duo had struck deals. The duo would apparently enter names of such recommenders in spreadsheets. It is with one of these that the chief minister has tampered, the Congress leaders alleged.

Strong denial

The chief minister denied the Congress's allegations and has threatened to sue Singh for spreading "canards" against him. Singh, who has been vigorously pursuing the scam in and out of the courts for more than a year, has dared the chief minister to arrest him if the allegations are incorrect. He has even filed an affidavit before the special investigation team, saying he was prepared to be arrested if his accusation was proven wrong.

The SIT was recently appointed by the Madhya Pradesh High Court Chief Justice AM Khanwilkar to monitor progress of the investigation being conducted by the state government-appointed special task force. Singh had pleaded with the chief justice to order a CBI inquiry.

But the chief justice ruled that the task force was doing a fine job and no other probe was required. The Congress considers his rejection of a CBI probe a big blow to the investigation. Over the past year, the party's leaders have therefore undertaken protests and fasts, courted arrest and called for bandhs to push for a CBI inquiry.

"We are deeply disappointed by the high court’s verdict," said Singh. "How can the task force, which works directly under the state government, fairly probe charges against the chief minister? We demand that he step down to pave way for free and fair investigation."

The BJP says the Congress must honour the court's verdict and let the task force work without pressure. BJP spokesman and senior minister Narottam Mishra points out that Singh is levelling baseless allegations out of frustration because he had employed a battery of senior lawyers to argue in the high court and the Supreme Court for a CBI probe,  but that has proven futile. Mishra claimed that the original spreadsheet was with the task force and it has handed it over to the SIT.

Cause for worry

Despite the denials, the chief minister is rattled because, for the first time, the Congress has alleged that he is directly involved in the scam and that he tampered with the evidence. At the press conference, senior lawyers KTS Tulsi and Vivek Tankha, who appeared on behalf of Singh, reiterated the Congress leaders' allegations against the chief minister.

Chouhan’s main worry is that if this scam gets publicity through the national media, the Supreme Court might take suo motu cognisance and order a CBI probe, according to sources in the BJP. He dreads the possibility of this scam harming his image the way the multi-crore Saradha scam did to that of his West Bengal counterpart Mamata Banerjee after the Supreme Court ordered a CBI probe into the chit fund fraud.

If the CBI probes the examination scam, Chouhan will become vulnerable vis-à-vis Prime Minister Narendra Modi. Although Chouhan has cautiously avoided antagonising Modi so far, the perception endures that there is a rivalry between the two men. Chouhan is seen as being in the LK Advani-Sushma Swaraj camp, which won't endear him with the prime minister.

On Monday, Chouhan was nervously keeping a tab on developments relating to the scam. The state government’s public relations machinery was in overdrive to ensure that the joint press meet did not get wide coverage. But these attempts failed and the story was splashed in media outlets across the country, deepening the crisis in Madhya Pradesh.

MP chief minister-governor sailing in same scam boat

Why BJP chief minister in Madhya Pradesh has made common cause with governor
The two are involved in a multi-billion-rupee exam board scam, say Congress leaders in the state.


Photo Credit: AFP/STR

Despite their antagonistic political affiliations, Madhya Pradesh Bharatiya Janata Party Chief minister Shivraj Singh Chouhan, 56, and governor Ram Naresh Yadav, 88, a former Congressman from Uttar Pradesh, have always enjoyed a good rapport with each other. This week their bonding intensified as the Opposition began calling for both to resign, alleging that they were involved in a huge exam scam.

On Wednesday, the Congress, the main Opposition party, boycotted the governor’s inaugural address in the assembly on the first day of its budget session. Later, Congress legislators demanded that the chief minister and the governor resign, which BJP members claimed was an unconstitutional demand. Amid the din, the speaker adjourned the house.

On the same day, the local media reported that a special investigation team had recommended last week to the high court that the governor be made an accused in the scam. The team has been appointed by the high court to monitor the probe into a scam involving the Professional Exam Board. The probe is being conducted by a special task force. This board is responsible for conducting tests for admission into the state’s medical colleges and for recruitment to government departments.

The scam surfaced in July 2013, when the Indore police arrested a doctor suspected of taking money from candidates in return for arranging for supposedly better-prepared impersonators to take the tests. The scam also involves other irregularities, such as manipulating the seating arrangement. The Chief Justice of the Jabalpur High Court, A M Khanwilkar, will now have decide what to do with the SIT’s report.

The chief minister and governor responded to the attacks as if in one voice. “Resigning under pressure is out of the question,” the governor told Dainik Bhaskar. “The governor’s post is constitutional. For any action against a governor, the president’s approval is mandatory.”

In the assembly, the chief minister said: “The Congress has no right to seek his resignation based on mere allegations.”

Under pressure

The Congress’s calls for the governor to resign follows a rare show of unity by its leaders, who held a joint press conference on February 16 at which they accused the chief minister of tampering with evidence to save his skin and asked him to resign. They alleged that the chief minister had manipulated data in an Excel spreadsheet with the names of those involved in the scam. The original spreadsheet had the name 'Shivraj Singh' in 48 places but these had been deleted, they claimed. The spreadsheet had been recovered from the hard disk of the exam board’s former systems analyst, Nitin Mahindra, who is in jail for his alleged role in the scam.

The press meet was addressed jointly by Congress parliamentarians Kamal Nath, Digvijay Singh and Jyotiraditya Scindia, the state party chief Arun Yadav, leader of the opposition in the assembly Satya Deo Katare and member Suresh Pachori.

They had not named the governor at the press meet, but two days later, in the assembly, called upon him also to resign because they claimed he hid the fact that his son, Shailesh, and his personal assistant had both taken money in the Raj Bhavan premises to get candidates in a government recruitment test cleared fraudulently.

Shailesh’s name figured in the chargesheet filed by the special task force on February 9 in the chief judicial magistrate court in Bhopal in connection with recruitment of contract teachers through the exam board. One of the touts arrested in the case had revealed that he had handed over a list of 10 candidates with Rs 3 lakh to Shailesh in the Raj Bhavan, the chargesheet says. Subsequently, the task force sent a notice to the Raj Bhavan address asking Shailesh to depose before it, but security officers declined to accept it.

When the special investigation team head Justice Chandresh Bhushan learnt about the Raj Bhavan’s refusal to accept the notice, he directed that it be sent to Shailsh’s permanent address in Azamgarh district in Uttar Pradesh. He also said that if the accused did not cooperate and there was enough evidence against him, he should be arrested. The governor’s officer on special duty, Dhanraj Yadav, is already in jail charged with taking money for getting bogus candidates appointed as contract teachers.

In view of the possible involvement of the governor’s son and personal assistant in the scam, the SIT has recommended to the high court that the governor be made a co-accused under Section 120 (B) of the Indian Penal Code. This section provides for equal punishment to the co-accused for entering into a criminal conspiracy with the accused. The SIT is of the view that the governor was aware of the misdeeds of his son and personal assistant yet did not act against them.

“The manner in which my son’s name is being dragged into the scam is a part of petty politics,” the governor told Dainik Bhaskar. But the arrest of his officer on special duty and the possible involvement of his son in the scam has shaken Yadav, who is already ailing.

In the assembly, the chief minister did not say anything about the governor’s son. His former personal assistant is accused in the scam but is absconding.

Old friends

The Congress has been unhappy about the governor’s closeness to the chief minister ever since he took office, in September 2011. “He has seldom acted on memoranda that we have submitted to him over the years against the omissions and commissions of the state government,” said a senior Congress leader, who did not wish to be named.

He recalled that the governor had embarrassed the party during a trust vote in the state assembly two years ago by allowing the deputy leader of the Congress Opposition to defect to the BJP.

“The startling revelations in the scam explain why the governor has been so generous towards the chief minister,” the Congressman said.

The chief minister has reciprocated the governor’s generosity. When the Bharatiya Janata Party came to power at the Centre in May, people thought that Yadav, like other governors appointed by the previous Congress-led regime would be asked to vacate the Raj Bhavan. But those familiar with the matter say that the chief minister prevailed upon Prime Minister Narendra Modi to allow Yadav to stay. His term ends on September 2016. After Modi was sworn in, Yadav was quick to congratulate him with a bouquet.

Nevertheless, the governor had almost made up his mind to resign following a 30-minute meeting with union minister Uma Bharti on February 17, said sources in the BJP. Media reports speculated that she had gone there to communicate home minister Rajnath Singh’s desire that Yadav step down.

Uma Bharti is maintaining an uncharacteristic silence over the issue, perhaps because her name has also cropped up in the scam. But the Congress alleges that the chief minister had his name replaced with Uma Bharti’s in the incriminating spreadsheet.

But the next day, the governor was back in a defiant mood, apparently after being assured that the chief minister and the BJP would back him to the hilt.