Why should I carry on if I can’t wield any power

IIPM Prof Rajita Chaudhuri's Snaps

Karnataka Lokayukta Santosh Hegde has been in the news for his principled stand against corruption in public life. He stepped down from his post and then took back the resignation following an appeal by veteran BJP leader LK advani. BUT in the course of an hourlong chat with TSI's Satish Chapparike and K Divyadarshini, Justice Hegde made no bones about his feelings.

Do you see this is as a happy ending to an unnecessary imbroglio?

For me it was not unnecessary. It may have been unnecessary for the government. Outwardly, they put up a bold front, saying they would not talk to me. One of the ministers said sarcastically, “He is too big a man and who am I to ask him to take back his resignation?” The day I resigned the reaction was interesting. Everybody said, “He is an honest man and works very hard.” The next day the tenor changed and they started saying “I don’t know why he suddenly resigned.” By day three they started attacking me directly.

Do you mean the ministers and the CM?

Yes, the ministers. The CM didn’t say anything. His attitude was “if he is going let him go”. The ministers obviously reflected the views of the CM or the party. Ramachandre Gowda (minister for medical education) said: “From where will we give him power? He is asking for powers that even the government doesn't have. Should we give him everything that he asks for?” Mr BN Bache Gowda (minister for labour) was equally aggressive. They were going too far, so I hit back. I usually do not hit below the belt, but I realised that in this scenario offence was the best form of defence. It was a planned attack on me. Even VS Acharya (home minister) said I'd been given everything I sought and there was no end to my demands.

You eventually decided to withdraw your resignation. What did Mr Advani tell you?

Advaniji did not speak to me for these ten days. At the end he told me, “Santosh, if you are ready to listen to me, I am ready to go to the press and make a public appeal and also ask the government of Karnataka to consider your demands. But you should not go back.”

BJP used Advani as a weapon...

Yes, I agree.

Advaniji’s party is ruling the state, so would you ask him to help you curb corruption in the state?

I need not ask because Advaniji has understood it. And I am sure he knows about the ministers who are involved in mining and other scams. I told Advaniji that if you are asking me to withdraw my resignation I will do it but they must assure me that they will give me the power. He said he will see to it. Shouldn't you have set a deadline for your demands to be met?

I do not think state leaders have approached Advaniji. As far as I know Advaniji is not a person who will make use of me. Because of Advaniji and Gadkari, the CM came to my house. It was very evident that he came because he was asked to and he was not very happy. I didn’t set a deadline because of two issues: I want suo moto power and I want authority to investigate higher officers and political leaders without complaints.

Can't you make use of Advaniji to crack down on scams?

Yes I can. I know what is happening in the flood-affected areas and I have submitted a report about the corruption that is happening in the name of rehabilitation work. I know not a single house has been built.

But didn't Advani use you to save his government’s face?

Yes I think so. Even today (July 4, 2010) Advaniji called me to thank me for accepting his advice. I told him unless it is necessary I won’t bother you but if I have anything I will approach Mr Gadkari. He has assured me that he will see to it that my demands are considered. If he doesn’t listen to me, I will approach Advaniji.

Do you think Advani will agree to act if you approach him?

Yes, he has got a moral obligation to do that and he will do that. He asked me to withdraw my resignation. I have no doubt that he wants me to continue in a proper and effective manner. I do not think he wants me to become a tool in the hands of the BJP government.

Do you think the Karnataka government will change its mindset?

Well, I don’t know whether they will change or not. Wherever I find that they have committed a mistake I will not spare them. The war will certainly continue. I have withdrawn my resignation for a reason. I am not working for drawing salary and the perks of office. I'll not continue for a day if my conscience does not let me. I will expose everything and go.

Everyone knows what is happening in Bellary and who all are behind it...

Yes there is illegal mining in Bellary. There is a big political lobby behind it. But we have to have definite material to prove whether it is purely political or something done by mining groups in Bellary. In your four-year stint as Lokayukta you must have learned many lessons. But this particular incident seems to have taught you much more than what you learned earlier. Has it toughened you?

Yes, of course. I will utilise what is left of my tenure , which is technically about 12 months, to expose administrative malpractices and corruption to the extent possible. I have not spared anybody or I have not sought any help from anybody, even Mr Advaniji. I respect him for many other reasons. It was he who approached me, I didn’t approach him.

What will you do if your demands are not met in the coming months?

I will quit without raising any hue and cry. I will go quietly, won't let even the media get wind of my move. I was not very happy with the way political parties took advantage of my departure. But I was really, really surprised by the public opinion and the media reaction not only in the state but all across the nation.

So you have to fight with the same people and a ‘father figure’...

Yes, if nothing happens I will approach him and tell him what has been happening and I will quit. But before that I will prepare a detailed report on corruption. Huge fraud is happening in mining, there are frauds in drug purchase, and there is a huge fraud in government land being given in grant to various powerful people. But there are powerful people involved in it and they want to stop any investigation. I can point out many other areas. For example, take flood relief. I am inquiring into it. But if I can’t do anything why should I be in power?

So you believe that politics is a mafia operation?

Yes it is. Today you can call it a business too. One spends crores to get into power. Invest money and get it back!

How can we curb this trend?

What you allowed to grow in 60 years cannot be cleaned in six years. But taking into consideration the disaster that may fall upon this country I think we have to get the people to understand what we are really going through and where the 85 paise out of 1 rupee which is meant to be given to the people go.

What will be your immediate steps at this point?

I will continue as the Lokayukta, I have a lot of ongoing inquiries on my hands against individuals and against the system. I have to first complete all those investigations. And if the government gives me suo moto power, I will certainly go after all those powerful people whom I presume to be corrupt.

| Arindam Chaudhuri | GIDF | Planman Consulting | Business & Economy | 4Ps Business & Marketing | The Sunday Indian | The Human Factor | The Daily Indian | Kkoooljobs.com | Amaze, New Delhi | IIPM Old Brochure | IIPM 4Ps Quiz | Prof. Arindam Chaudhuri's Alternative Budget | For IIPM Students |

Mohammad Shahabuddin

IIPM BBA MBA Institute: Student Notice Board

Siwan, once home to luminaries like Dr Rajendra Prasad and Maulana Mazharul Haq, suddenly came to light one again in the 90s. Mohammad Shahabuddin or Saheb, as people preferred to call him, made headlines for the next two decades like none other. In the absence of any administration during the Lalu-Rabri rule, the city used to follow his dictum. Such was his fear that apart from CPI (ML) Liberation, all other political parties had closed their offices for good. Political activities, other than Shahabuddin's RJD, were unheard of. Banners were absent. Call it his fear or his charisma, it was omnipresent. But as Saheb cools his heels inside jails, things have changed tremendously. The same Saheb, whom the combined opposition had never been able to defeat in the past, saw his wife Heena vanquished by an independent Om Prakash Yadav.

Shahabuddin started his career in 1990. He became an independent MLA from Ziradei while sitting inside the Siwan jail. Lalu saw a future leader in him and grabbed the opportunity and brought him into the RJD fold. He was not wrong. He went on to win four consecutive Lok Sabha elections. The journey from a nondescript politician to Saheb is as fascinating as the man himself.

His rise was succored by the upper caste hate of Communist parties. Wary of the radical designs of Indian People Front and CPI (ML) Liberation, the upper castes saw a rallying force in Shahabuddin. He did not disappoint. His name appeared in the daylight murder of JNU Students' Union leader Chandrashekhar, an upcoming icon of CPI (ML) Liberation. Saheb remained unperturbed. His political demise came with the fall of the RJD regime. The subsequent President's Rule saw the tightening of noose. On April 24, 2005, the then DM C. K. Anil and SP Ratan Sanjay stormed into his impregnable citadel of Pratap Pur and recovered a large cache of illegal arms. Six new cases were filed against him. The winds started to change. Prior to that, in the Assembly elections, many of his close aides and relatives like Azazul Haq, Awadh Bihari Chaudhary, Shiv Shanker Yadav and Vikram Kunwar lost their respective seats on RJD tickets. The Nitish government transferred all his cases to Fast Track courts. He has been variously sentenced to two to ten years in eight different cases. He has also been awarded life sentence in the Chotelal Gupta murder case.

For all practical purposes, the Siwan Jail has become his address now. Every other day he has to appear in one case or other. In the spare time, he indulgences himself in going through magazines, in exercising and in lonesome contemplation. His father, an erstwhile stamp vendor, had left his job following his son's rise. He takes care of his affairs in his absence. People still line up at his court but the pomp is missing. His father tries to offer some hollow hopes but in vein. His wife takes care of the household. Although she fought the last election, she prefers to remain away from public eye. His kids study somewhere outside Bihar. His die hard supporter Awadh Bihari Chaudhary says, 'The Nitish government is trying to undermine Saheb's power. But Nitish will fail.' But the statement lacks confidence.

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| Arindam Chaudhuri | GIDF | Planman Consulting | Business & Economy | 4Ps Business & Marketing | The Sunday Indian | The Human Factor | The Daily Indian | Kkoooljobs.com | Amaze, New Delhi | IIPM Old Brochure | IIPM 4Ps Quiz | Prof. Arindam Chaudhuri's Alternative Budget | For IIPM Students |

TSI EXCLUSIVE: Sham of a Lab

IIPM Prof Arindam Chaudhuri on Our Parliament and Parliamentarians' Work

Unqualified appointees run Delhi's forensic facility, investigates Umesh Patil


From the Amar Singh phone tapping incident to the BMW hit and run case, from the Jessica Lal murder case to Shivani Bhatnagar murder, forensic findings have played a key role in nailing culprits in hundreds of such cases. Courts consider forensic evidence vital to the fate of a case. And courts take these evidences into consideration while delivering judgments. Needless to say, forensic reports can seriously change the fate of a case. In BMW case, accused Sanjeev Nanda got the breather when a forensic expert, an important witness to the case, maintained that the finger marks found on the steering wheel were not matching those of the accused. In the same way, Rahul Mahajan was let off because forensic experts recorded the statement claiming that the toxic substance recovered from Rahul's house was heroin and not anything else that would have increased the quantum of the punishment. These examples are enough to show how important forensic evidences are.

But today we raise a vital question. Are these so-called experts qualified to handle such sensitive cases?

Now imagine a scenario where the forensic expert conducting a DNA test has never known how a DNA strand looks like. Or the man doing the lie detector test has no expertise in conducting such tests. It might sound stupid or outright scary: anything but true. But the scariest part is that it is true. This is the story of the Delhi-based Forensic Science Laboratory (FSL).

Few weeks back, FSL had published an advertisement inviting applications for appointment of 36 senior scientific officers (SSOs) through the Union Public Service Commission (UPSC).

These openings were in different departments including biology, physics, chemistry, document and lie detection. The UPSC, in this regard, had published the advertisements in Employment News from February 28 to March 6. Under the qualification section, it was mentioned that an applicant must possess a Master's degree in the concerned subject with relevant experience of three to five years in the field.

However, TSI has found out that most of the appointees did not have the required experience where as a few of them went to the length of furnishing false certificates. The proof regarding the same is with TSI. The question arises that why doesn't the agency concerned conduct a thorough background check of the applicants for such important positions. And this is when none other than the UPSC conducts the examination. The interesting part is that the Delhi government's home department had categorically said in its communique that two of the applicants were not qualified for the post. However, the UPSC chose to ignore the communication and appointed them following interviews. They continue to work at FSL. In another case, some of the applicants had previously worked on daily or contract basis whereas FSL awarded them full employee certificates. Naturally, the role of FSL comes into question as well. According to documents in possession of TSI, it becomes evident how corrupt and irresponsible the appointment process has been for this Rohini-based lab. FSL was established in 1995. In the beginning, it was under Delhi Police. Later, it was shifted under the purview of the home department of Delhi government. It has seven divisions, namely ballistics, biology, chemistry, document, lie detection, physics and a photo unit.

The ballistics division takes care of investigations related to weapons of crime such as firearms, cartridges, explosives etc. The biology division takes care of liquids, skeletons, DNA and crimes such as rape and murder and helps in zeroing on the culprit. The chemistry division is responsible for all sorts of drug-related investigations and the study of viscera. The physics division comes handy in investigating hit and run cases, road accidents and investigating materials such as cement, sand, bricks, mortar and plastics. The document division investigates handwriting, typewriting, printed matter, seals, stamps, overwriting, age of documents, bank drafts, cheques, receipts, wills, affidavits, bail bonds, lottery tickets, agreement, passport, currency etc. Apart from this, cyber crimes are also investigated here. The lie detection division similarly takes care of polygraphy tests which help in corroborating statements of witnesses, plaintiffs and the accused. The photo unit division takes care of photographic evidences in general and photographic evidences of the scene of crime in particular.

In such a sensitive institution, a small mistake can turn an innocent into guilty and a criminal into innocent. But in complete disregard to the sensitivity of the matter, this institution has become an epitome of corruption and mismanagement. We are talking about a few candidates who not only submitted fake certificates but were singularly underqualified for the posts. However, these candidates were appointed in utmost disregard of the laid-out norms. Imrana applied for the post of SSO in biology division. Her experience certificate was accompanied by a certificate from Perfect Analytical Lab situated at Manish Twin Plaza, Sector 9, Plot No 8, Dwarka which vouched that Imrana has worked there for close to three years. The background check was done and she was appointed. However the reply to an application filed under the Right To Information Act (RTI) filed in this regard states that the Perfect Analytical Lab that issued the experience certificate to Imrana does not exist. MCD, in its reply, has said that there is an apartment complex at the address mentioned. Similarly, another applicant, Loktongbai Babito Devi, also applied for the post of senior scientific officer in the biology division. She submitted an experience certificate from FSL, Manipur, where she claimed she worked from the year 2002 to 2004. She was promptly interviewed and appointed for the post. However, an RTI application filed in Manipur, FSL, found that no such individual has ever worked there.

In the same division, Sunita Suman was also selected as a senior scientific officer. According to the documents submitted by her, she claimed she worked in the chemistry division of the same FSL as scientific associate on a contract basis. In her application, she said she worked as scientific assistant. FSL on its part issued two experience certificates and both of them were issued on the same day. Both of them had the signature of director V. K. Goyal and both of them had the initials of investigating officers. Now the million dollar question is why did the UPSC ignore these facts.

According to the sources in FSL, Sunita Suman was in contact with Professor O. P. Ahuja of Punjabi University, Patiala, who was a member of the interview board. She apparently knew Ahuja from her student days in Punjabi University and was fully aware that he was in the interview panel. It is necessary to mention here that the names of members in the selection board is kept secret.

Similarly, in the chemistry division, there are applicants who provided wrong information and furnished fake certificates of experience. One Subodh Kumar Pol does not even posses a Master's degree in the relevant subject and neither has he any experience in forensic science. But he was selected as senior scientific officer in the chemistry division. Amit Rawat was also appointed as SSO in the chemistry division but his experience certificate says he was working as a scientific assistant in the biology division. Similarly, Bharti and Kanaklata were appointed as SSOs in the chemistry division even though both of them have no experience in forensic sciences. And they are not alone. There are several SSOs who have no prior experience in forensic sciences but are employed at FSL.

Hilariously, one applicant for the post of SSO in the lie detection division, Aruna Misra, showed experience of working at five separate places. But she attached merely three certificates one of which is from FSL, Rohini. According to the document, she worked at FSL from January 12, 2007 to February, 19, 2009. But according to RTI, the division was closed in that time period. Naturally, it appears that these applicants were appointed without doing any background check whatsoever and that their documents were never authenticated.

The document division is no exception. One Vijender Singh was appointed as SSO in the division whereas his experience certificate states that he previously worked at Rohini FSL as scientific assistant in the physics division.

In another revelation, it was found out that in 2009, Mukul Koranga, deputy secretary of the home department of Delhi government, sent a letter to the deputy secretary of UPSC, P. P. Haldar, stating that two SSOs in the physics division, Shanker Singh Badwal and V. Lakshmi had no experience in the concerned fields as they had previously worked in the ballistics division. However, even after such clear communiques, both these officers continue on their posts.

In a reply to an RTI application, the Delhi laboratory stood its ground and said that there has been no discrepancy in the selection process and that documents of all the candidates were thoroughly checked. However, this can not be true as withholding information or providing wrong information leads to automatic disqualification of a candidate. Such cases are referred to the Central Administrative Tribunal but nothing of that sort was ever done. Horse's mouth

A K Gupta, former director, FSL Delhi

In any kind of investigation, what is the importance of a scientific expert's findings in the court?
A court counts report of an expert as a very strong evidence.

You have worked as a document expert. Can an expert in physics work as a document expert?
No, how is it possible? Both departments are different and they have different functions.

Whose role is most important in appointment of an SSO?
The UPSC's role is most important because only the UPSC selects candidates and then the home department of Delhi government and FSL regularise them.

Who is responsible for checking the documents submitted by applicants before recruitment?
The UPSC and the home department are both responsible because the UPSC is responsible for selection of candidates and the documents are verified by the home department officials.

Does an FSL director know who all are working there, which posts they hold and which department they belong to?
It is obvious that the FSL director will know about the employees working in his facility.

An Initiative of IIPM, Malay Chaudhuri and Arindam chaudhuri (Renowned Management Guru and Economist).

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Castaway: An island's plight

IIPM Prof Arindam Chaudhuri on Our Parliament and Parliamentarians' Work

The river island of Majuli in Assam is buckling under the recurring onslaught of floods and erosion. Would it be too late before we wake up to revive this pristine hub of nature, wonders Pranab Deka'

It's the same old story. As the monsoons come to Assam, there resurfaces news and concern for the world's largest river island Majuli (which has now reportedly lost its 'largest' status to Brazil's Amazon island). Regarded as a holy centre of Baishnavite movement founded by Srimanta Sankardev, one of the leading exponents of Assamese culture and literature, Majuli is famous for its Satras or centres for spiritual and cultural learning. There are 22 such centres in Majuli now. But Majuli is not devoid of its woes. Geographically, its situation is such that every year floods and erosion caused by the mighty Brahmaputra eat away a remarkable portion of its land. Now Majuli is reduced to half of what it used to be. It even failed to get the world heritage status owing to the state government's apathetic attitude. To top it, the government of Assam and the Brahmaputra Board are still busy passing the buck of responsibility to save Majuli from the yearly ordeal.

It is the people who love Majuli and wish to preserve its unique heritage who are passionately working away for its conservation. 'The Brahmaputra Board is merely taking some temporary protection measures to save Majuli,' says Manoj Bora, a local social activist. 'We demand the construction of permanent rock spurs round Majuli, but the Board wants to get away by constructing some wooden pickets in some places. Besides, the board plans to start its work in the rainy season which is not workable,' he added.

The people of Majuli are losing their agricultural land every year and are forced to live on the streets and by the dams temporarily. The Satras of Majuli had also to be relocated following threats of erosion. 'The government is arranging land for the Satras in other places in the state. But what about the local people' wonders Demi Gum, a renowned poet and local resident of Majuli.

Though Majuli remains synonymous with Satra sanskriti ' as centres for practice of classical arts such as Borgeet, Ankia Bhawona, Satria dance, mask making etc. ' there is more to Majuli beyond the Satras. It is also home to many unique tribes of Assam like Mishing and Deuries, who are known for their closeness to nature and traditional lifestyle. 'Majuli can become a major tourist attraction if we showcase the unique tribal culture of this area to the rest of the world. With its natural beauty and geographical uniqueness we have so much to offer,' says Haren Narah, a local entrepreneur who runs a Mishing heritage cottage in Majuli named Mepo Okum. Ravaged by annual flood, backwardness and government indifference, Majuli might find recourse in tourism, but the conflict between development and conservation is likely to stay. 'We are opposing a government plan to build a bridge over Brahmaputra to Majuli from Jorhat. We fear that it will open up Majuli for other activities and Majuli will lose its uniqueness and tranquility. People visiting Majuli are excited by the boat journey to reach here. The government should thus take steps to develop the boat and ferry service instead of constructing a bridge,' say Demi Gum and Haren Naharh.

'We want government to give us geographical security, without which we cannot survive. People of Majuli are used to annual floods; our lifestyle is adjusted to it, but our biggest threat is erosion. The river is changing its course and Majuli is a delicate eco-system. Everybody should look for a conservation effort sustainable over long term,' says Manoj Bora.

There are notable efforts including petitions, seminars, demonstrations and delegations in process for Majuli's future. Arun Sarma, an ex-MP from Assam raised the issue in Parliament too. Eco-tourism can prove to be saviour for a region that is nature's very own lair. Whether Majuli gets World Heritage status or not, the onus to preserve this fragile eco-system is a matter of survival, and not of choice.

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