Saturday, October 8, 2011

Sanjiv Bhatt’s bail petition to be heard on Tuesday


Suspended IPS officer Sanjiv Bhatt’s bail plea has been deferred for hearing till Tuesday.
By Vijay Shah
Suspended IPS officer Sanjiv Bhatt failed to get immediate relief on Monday when a local court in Ahmedabad deferred the hearing on his bail plea for Tuesday. District judge VK Vyas issued notice to the state government and the state police chief in the bail application filed by the IPS officer.
Sanjiv Bhatt has been at loggerheads with the state government over his stance on the Gujarat riots which run contrary to the government claim. He has also dragged Chief Minister Narendra Modi within the shadows of questionable and outright guilty conduct.
The officer had also filed an affidavit before the Supreme Court on the issue. The state government took action on a FIR lodged by one Karan Singh Panth (46), a constable working with Meghaninagar police station in Ahmedababd. In the FIR Pant alleged that Bhatt threatened him and forced him to sign a false affidavit regarding a meeting called by the Gujarat Chief Minister Narendra Modi on 27 February 2002.
Bhatt is currently lodged at Sabarmati central jail in judicial custody. IH Syed appeared for Sanjiv Bhatt while public prosecutor Pravin Trivedi appeared for the state.
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Victim statement recorded through video conferencing from Australia 08.10.2011 | 15:43 Ahmedabad Vijay Shah

For the first time in Gujarat, the Ahmedabad District Court recorded the statement of a rape victim through video conferencing live from Australia at a Court room here.

As the victim has shifted to Australia, and under new rulings of the Supreme Court and the Gujarat High Court it is necessary to record the statement in rape and cyber crime cases, the statement was recorded through video conferencing.

“Today according to Indian time at 9 am and according to Australian time at 2 pm, Court contacted SB Misra, deputy consulate general at Indian embassy located at Sydney of Australia though audio-video conferencing. In the presence of Misra, statement of rape victim was recorded within forty-five minutes in the court of second additional sessions judge PC Thakar,” Public Prosecutor Sohini Patel told Law et al. News on Friday.

Sohini Patel further said, “The video conferencing was actually scheduled for the last week but Chetana (victim, name changed), was not present to record the statement. Court had imposed the fine of Rs. 2000 on her for disturbing the court proceedings last week. Finally she was present today.”

Advocate PR Agrawal representing the accused was also present during the video conferencing.

The accused in the case, Chirag (name changed) is being lodged in Ahemadabad jail from the last three years. Police has charge sheeted him under Section 106, 376, 387, 388, and 507 of Indian Penal Code and under Section 66 and 67 of Information Technology Act.

Three years back, Chirag and Chetana used to live together at Ahemadabad. Chetana a minor then was forced to have physical relation by Chirag. Later when the couple broke up, Chirag uploaded the video of their intimate moments on a social networking site.

Chirag was later arrested after an FIR was filed by Chetana at a local police station. Meanwhile Chetana was shifted to Australia by her family.

Tuesday, October 4, 2011

Paucity of judges result in piling up of cases at Gujarat Co-op tribunal 04.10.2011 | 18:13 Ahmedabad Vijay Shah

More than seven thousand cases are pending before the Gujarat State Co-operative tribunal, a reply to a Right to Information (RTI) application has revealed. The information was sought by the Gujarat Co-operative Tribunal Bar Association. The Association had sought details of cases registered, disposed off and pending each year from 1960 to 2008.

“In1994 there were only 424 pending cases before tribunal as there were four judges to hear the cases. In 2008 the numbers of pending cases reached to 5587 as there were only two judges. We got all the details in reply to RTI plea filed by bar association to co-operative department of the state.” stated Hitendra Shah, President of Gujarat Co-operative Tribunal Bar Association.

“Every year average 500 new cases are filed in the tribunal and there are only two judges to hear the cases, so the toll of pending cases has reached above 7000.” Shah added.

In the year 2007, Gujarat government had amended the Gujarat Cooperative SocitiesAct, 1965. Under Rule 40-A and 78, the qualifications for appointment as judges to the Co-operative Tribunal stated that state government shall appoint a person who is or has been a judge of a Gujarat high court or is or has been a district judge, to be the President of the Gujarat Co-operative Tribunal.

“In 2007 there were four judges but after the amendment, two judges have resigned as they did not possess any legal qualification as per to the amendment. Presently, district judge HP Patel and assistant district judge AG Raval are the only two presiding judges.” said shah.

The Gujarat high court had earlier ordered the state government to fill the vacancies of judges at the tribunal.

A practicing lawyer at the tribunal lamented the present situation at the the tribunal and hoped that the government will take necessary action of apointing more judges.

Tuesday, September 27, 2011

Notice to SIT in Naroda Patiya case 26.09.2011 | 22:42 Ahmedabad Vijay Shah

A special designated court hearing 2002 Naroda Patiya riot case here – where 95 persons were killed during the communal violence on 28 February 2002 - has issued notice to the Special Investigation Team (SIT) which is investigating the case.

“Additional principal jugde Jyotsana Yagnik has issued notice to SIT to submit the final Action Taken Report (ATR) on the further probe it had conducted till October 1 before court.” said Mukul Sinha, lawyer representing the Jan Sangharsh Manch (JSM).

The notice has been issued on the basis of application filed by the JSM, an NGO representing some of the riot victims.

“We had filed an application which sought court directions to SIT to submit ATR under section 173(8) of the Criminal Procedure Code.” said Amrish Patel, lawyer and convener of JSM.

JSM alleged that SIT had filed a progress report to the Supreme Court, but not before the trial court which was directed by the court last year. Earlier in 2010, Mukul Sinha had submitted that SIT should clarify its stand on the role of former Gujarat Home Minister Gordhan Zadafia and two other police officials in this case.

Notice to SIT in Naroda Patiya case 26.09.2011 | 22:42 Ahmedabad Vijay Shah

A special designated court hearing 2002 Naroda Patiya riot case here – where 95 persons were killed during the communal violence on 28 February 2002 - has issued notice to the Special Investigation Team (SIT) which is investigating the case.

“Additional principal jugde Jyotsana Yagnik has issued notice to SIT to submit the final Action Taken Report (ATR) on the further probe it had conducted till October 1 before court.” said Mukul Sinha, lawyer representing the Jan Sangharsh Manch (JSM).

The notice has been issued on the basis of application filed by the JSM, an NGO representing some of the riot victims.

“We had filed an application which sought court directions to SIT to submit ATR under section 173(8) of the Criminal Procedure Code.” said Amrish Patel, lawyer and convener of JSM.

JSM alleged that SIT had filed a progress report to the Supreme Court, but not before the trial court which was directed by the court last year. Earlier in 2010, Mukul Sinha had submitted that SIT should clarify its stand on the role of former Gujarat Home Minister Gordhan Zadafia and two other police officials in this case.

Wednesday, September 21, 2011

Gujarat HC refuses to hear petition on Modi fast 21.09.2011 | 19:32 Ahmedabad Vijay Shah


The Gujarat High Court today disposed off two petitions filed against Narendra Modi’s Sadbhavana Mission in which the chief minister had undertaken a fast for three days. The petitions were filed by an NGO Vikalp Trust and an individual Ramesh Mota.

As the petitions were filed on the basis of newspaper reports and media coverage, the division bench of Acting Chief Justice AY Dave and Justice JB Paradiwala disposed the same and suggested petitioners to file their petition afresh after verifying the news reports.

Counsel KG Pandit, representing Vikalp Trust, argued that the petition has been filed to seek a direction for recovering the money spent from the state exchequer during the three days long sadbhavana mission.

Pandit and Ratana Vora, the counsel representing Mota, presented to the court newspaper clippings which stated that amounts to the tune of Rs. 50 crore was spent by the state during the three day programme. They argued that the chief minister had undertaken a personal programme and cannot be allowed to spend money from the state exchequer.

The high court however highlighted the rule book whereby under chapter 2 rule 3(b) of Gujarat High Court PIL rules, 2010, if a petition is filed on the basis of news reports, then it should be verified by the petitioner personally which as per the high court the petitioners failed to do.

The bench also observed and objected to the fact that the trust had given the copy of the petition to the media even before the matter came up before the court to gain publicity.

Monday, September 12, 2011

A daring letter by an IIT'an to Rahul Gandhi. Plz read and SHARE


A daring letter by an IIT'an to Rahul Gandhi. Plz read and SHARE .
By Clicking on SHARE .

(HOPE EVERY ONE KNOW THIS ..)
A REPLY LETTER WRITTEN BY:

NITIN GUPTA (RIVALDO)

B. Tech, IIT Bombay

ON Rahul Gandhi: "I feel ashamed to call myself an INDIAN after seeing

what has happened here in UP".

Dear Rahul,

YOU REALLY WANT TO FEEL ASHAMED???????

But don't be disappointed, I would give you ample reasons to feel

ashamed... You really want to feel Ashamed..?

* First Ask Pranav Mukherjee, Why isn't he giving the details of

the account holders in the Swiss Banks.

* Ask your Mother, Who is impeding the Investigation against

Hasan Ali?

* Ask her, Who got 60% Kickbacks in the 2G Scam ?

* Kalamadi is accused of a Few hundred Crores, Who Pocketed the

Rest in the Common Wealth Games?

* Ask Praful Patel what he did to the Indian Airlines? Why did

Air India let go of the Profitable Routes ?

* Why should the Tax Payer pay for the Air India losses, when

you intend to eventually DIVEST IT ANYWAY!!!

* Also, You People can't run an Airline Properly. How can we

expect you to run the Nation?

* Ask Manmohan Singh. Why/What kept him quiet for so long?

* Are Kalmadi and A Raja are Scapegoats to save Big Names like

Harshad Mehta was in the 1992 Stock Market Scandal ?

* Who let the BHOPAL GAS TRAGEDY Accused go Scot Free? (20,000

People died in that Tragedy)

* Who ordered the State Sponsored Massacre of SIKHS in 84?

* Please read more about, How Indira Gandhi pushed the Nation

Under Emergency in 76-77, after the HC declared her election to Lok

Sabha Void!

* WHY ONLY HIGHLIGHT THIS ARREST?

Dear Rahul, to refresh your memory, you were arrested/detained by the

FBI the BOSTON Airport in September 2001.

You were carrying with you $ 1,60,000 in Cash. You couldn't explain why

you were carrying so much Cash.

(Incidentally He was with his Columbian girlfriend Veronique Cartelli,

ALLEGEDLY, the Daughter of Drug Mafia. 9 HOURS he was kept at the

Airport. Later then freed on the intervention of the then Prime Minister

Mr. Vajpayee.. FBI filed an equivalent of an FIR in US and released him.

When FBI was asked to divulge the information, by Right/Freedom to

Information Activists about the reasons Rahul was arrested ...

FBI asked for a NO OBJECTION CERTIFICATE from Rahul Gandhi.

So Subramaniyam Swami wrote a Letter to Rahul Gandhi, " If you have

NOTHING to HIDE, Give us the Permission"

HE NEVER REPLIED!)

Why did that arrest not make Headlines Rahul? You could have gone to the

Media and told, "I am ashamed to call myself an INDIAN?".

Or is it that, you only do like to highlight Symbolic Arrests (like in

UP) and not Actual Arrests (In BOSTON)

Kindly Clarify.....In any case, you want to feel ashamed, Read Along...

YOUR MOTHER'S SO CALLED SACRIFICE OF GIVING UP PRIME MINISTERSHIP in

2004.

According to a Provision in the Citizenship Act, A Foreign National who

becomes a Citizen of India, is bounded by the same restrictions,

which an Indian would face, If he/she were to become a Citizen of Italy.

(Condition based on principle of reciprocity)

Now Since you can't become a PM in Italy, Unless you are born there.

Likewise an Italian Citizen can't become Indian PM,

unless He/She is not born here!

Dr. SUBRAMANIYAM SWAMI (The Man who Exposed the 2G Scam) sent a letter

to the PRESIDENT OF INDIA bringing the same to his Notice.

PRESIDENT OF INDIA sent a letter to Sonia Gandhi to this effect, 3:30

PM, May 17th, 2004.

Swearing Ceremony was scheduled for 5 PM the same Day. Manmohan Singh

was brought in the Picture at the last moment to Save Face!!

Rest of the SACRIFICE DRAMA which she choreographed was an EYE WASH!!!

In fact Sonia Gandhi had sent, 340 letters, each signed by different MP

to the PRESIDENT KALAM, supporting her candidacy for PM.

One of those letters read, "I Sonia Gandhi, elected Member from Rai

Bareli, hereby propose Sonia Gandhi as Prime Minister."

So SHE was Pretty INTERESTED! Until She came to know the Facts! She

didn't make any Sacrifice, It so happens that SONIA GANDHI

couldn't have become the PM of INDIA that time.

You could be Ashamed about that Dear Rahul!! One Credential Sonia G had,

Even that was a HOAX!

THINK ABOUT YOURSELF.

You go to Harvard on Donation Quota. ( Hindujas Gave HARVARD 11 million

dollars the same year, when Rajiv Gandhi was in Power)

Then you are expelled in 3 Months/ You Dropped out in 3 Months....

(Sadly Manmohan Singh wasn't the Dean of Harvard that time, else

you might have had a chance... Too Bad, there is only one Manmohan

Singh!)

Then Why did you go about lying about being Masters in Economics from

Harvard .. before finally taking it off your Resume upon questioning

by Dr. SUBRAMANIYAM SWAMI (The Gentlemen who exposed the 2G Scam)

At St. Stephens.. You Fail the Hindi Exam. Hindi Exam!!!

And you are representing the Biggest Hindi Speaking State of the

Country?

SONIA GANDHI's EDUCATIONAL QUALIFICATIONS

Sonia G gave a sworn affidavit as a Candidate that She Studied English

at University of Cambridge

According to Cambridge University, there is no such Student EVER! Upon

a Case by Dr. Subramaniyam Swami filed against her, She subsequently

Dropped the CAMBRIDGE CREDENTIAL from her Affidavit.

Sonia Gandhi didn't even pass High School. She is just 5th class Pass!

In this sense, She shares a common Educational Background with her 2G

Partner

In Crime, Karunanidhi.

You Fake your Educational Degree, Your Mother Fakes her Educational

Degree. And then you go out saying, " We want Educated Youth into

Politics!"

WHY LIE ABOUT EDUCATIONAL CREDENTIALS?

Not that Education is a Prerequisite for being a great Leader, but then

you shouldn't have lied about your qualifications!

You could feel a little ashamed about Lying about your Educational

Qualifications. You had your reasons I know, Because in India, WE

RESPECT

EDUCATION!

But who cares about Education, When you are a Youth Icon!!

YOUTH ICON

You traveled in the Local Train for the first time at the Age of 38.

You went to some Villages as a part of Election Campaign. And You won a

Youth Icon!! ... That's why You are my Youth Icon.

For 25 Million People travel by Train Every day. You are the First

Person to win a Youth Icon for boarding a Train.

Thousands of Postmen go to remotest of Villages. None of them have yet

gotten a Youth Icon. You were neither YOUNG Nor ICONIC!

Still You became a Youth Icon beating Iconic and Younger Contenders like

RAHUL DRAVID.

SURNAME

Shakespeare said, What's in a Name?

Little did he knew, It's all in the Name, Especially the Surname!

Speaking of Surname, Sir DO YOU REALLY RESPECT GANDHI, OR IS IT JUST TO

CASH IN ON THE GOODWILL OF MAHATMA?

Because the Name on your Passport is RAUL VINCI. Not RAHUL GANDHI..

May be if you wrote your Surname as Gandhi, you would have experienced,

what Gandhi feels like, LITERALLY ( Pun Intended)

You People don't seem to use Gandhi much, except when you are fighting

Elections. ( There it makes complete sense).

Imagine fighting elections by the Name Raul Vinci...

You use the name GANDHI at will and then say, " Mujhe yeh YUVRAJ shabd

Insulting lagta hai! Kyonki aaj Hindustan mein Democracy hai, aur is

shabd

ka koi matlab nahin hai! YUVRAJ, Itna hi Insulting lagta hai, to lad lo

RAUL VINCI ke Naam se!!! Jin Kisano ke saath photo khinchate ho woh bhi

isliye entertain karte hain ki GANDHI ho.. RAUL VINCI bol ke Jao... Ghar

mein nahin ghusaenge!!!

You could feel ashamed for your Double Standards.

YOUTH INTO POLITICS.

Now You want Youth to Join Politics.

I say First you Join Politics. Because you haven't Joined Politics. You

have Joined a Family Business.

First you Join Politics. Win an Election fighting as RAUL VINCI and Not

Rahul Gandhi, then come and ask the youth and the Educated Brass for

more

involvement in Politics.

Also till then, Please don't give me examples of Sachin Pilot and Milind

Deora and Naveen Jindal as youth who have joined Politics. They are not

Politicians. They Just happen to be Politicians.

Much Like Abhishek Bachchan and other Star Sons are not Actors. They

just happen to be Actors (For Obvious Reasons)

So, We would appreciate if you stop requesting the Youth to Join

Politics till you establish your credentials...

WHY WE CAN'T JOIN POLITICS!

Rahul Baba, Please understand, Your Father had a lot of money in your

Family account ( in Swiss Bank) when he died.

Ordinary Youth has to WORK FOR A LIVING. YOUR FAMILY just needs to

NETWORK FOR A LIVING

If our Father had left thousands of Crores with us, We might consider

doing the same. But we have to Work. Not just for ourselves.

But also for you. So that we can pay 30% of our Income to the Govt.

which can then be channelized to the Swiss Banks and your Personal

Accounts under

some Pseudo Names.

So Rahul, Please don't mind If the Youth doesn't Join Politics.

We are doing our best to fund your Election Campaigns and your Chopper

Trips to the Villages.

Somebody has to Earn the Money that Politicians Feed On.

NO WONDER YOU ARE NOT GANDHIs. YOU ARE SO CALLED GANDHIs!!

Air India, KG Gas Division, 2G, CWG, SWISS BANK Account Details... Hasan

Ali, KGB., FBI Arrest..

You want to feel ashamed..?

Feel Ashamed for what the First Family of Politics has been reduced

to... A Money Laundering Enterprise.

NO WONDER YOU ARE NOT GANDHI'S BY BLOOD. GANDHI is an adopted Name. For

Indira didn't marry Mahatma Gandhi's Son.

For even if you had one GENE OF GANDHI JI in your DNA. YOU WOULDN'T HAVE

BEEN PLAGUED BY SUCH 'POVERTY OF AMBITION'

(Ambition of only EARNING MONEY)

You really want to feel Ashamed?

Feel Ashamed for what you ' SO CALLED GANDHI'S' have done to MAHATMA'S

Legacy..

I so wish GANDHI JI had Copyrighted his Name!

Meanwhile, I would request Sonia Gandhi to change her name to $ONIA

GANDHI, and you could replace

the 'R' in RAHUL/RAUL by the New Rupee Symbol!!!

RAUL VINCI : I am ashamed to call myself an Indian.

Even we are ashamed to call you so!

P.S: Popular Media is either bought or blackmailed, controlled to

Manufacture Consent! My Guess is Social Media is still a Democratic

Platform.

(Now they are trying to put legislations to censor that too!!).

Meanwhile, Let's ask these questions, for we deserve some Answers.

YOURS SINCERELY

NITIN GUPTA ( RIVALDO)

B. Tech, IIT Bombay



Post on ur wall if u're a true indian...

Friday, September 9, 2011

Ishrat Jahan: SIT gets more time to submit report 09.09.2011 | 22:02 Ahmedabad Vijay Shah


The Special Investigation Team (SIT) constituted by the Gujarat high court to investigate the Ishrat Jahan encounter case, today obtained more time to submit its investigation report. The high court granted time till October 5 on a plea by the SIT to this effect.

SIT chairman RR Verma who was scheduled to submit a progress report including important findings of forensic teams from All India Institute of Medical Sciences (AIIMS) and the Central Forensic Science Laboratory (CFSL) to the Gujarat High Court sought more time today from the court. Verma stated that the report needs to be discussed with experts from AIIMS.

On the other hand Mukul Sinha argued that the SIT has already taken enough time and the court proceedings should not be stretched further.

The division bench of Justice Jayant Patel and Justice Abhilasha Kumari directed SIT to submit its Report along with a firm conclusion on the alleged encounter by October 5. The matter has now been listed for October 7.

Verma and amicus curiae, Yogesh Lakhani, stated that SIT is facing problems due to the transfer of their officers outside Ahmedabad.

The High Court then ordered that no officer should be transferred by the government till the SIT finishes its investigation.

Ishrat Jahan, a 19-year-old college girl, along with Javed Sheikh alias Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar, were allegedly killed in a police encounter in 2004.

Ahmedabad lawyers stay away from lower court 09.09.2011 | 18:43 Ahmedabad Vijay Shah


Mischief mongers seem to be having a field day after the terror attack on the Dellhi High Court on Wednesday last. At Ahmedabad, the criminal courts bar association passed a resolution and decided to stay away from the court today after an anonymous letter threatening to blow up the Metropolitan Magistrates Court was received.

“Considering the safety and security of advocates and outsiders, bar association has decided to not to work on court proceedings today.” said lawyer Pushpa Chavada.

Metropolitan Magistrate BS Thakar received two letters on Tuesday and Wednesday respectively, which threatened to blow up the metropolitan court on Friday. The Ahmedabad police and bomb disposal squad thereafter rushed to the court campus. The campus was sealed and checking was held for hours. Police found one suspicious suitcase but later it was found to be that of a lawyer who forgot his bag in the court.

After the blasts at Delhi high Court Ahmedabad police have taken extra precaution and have tightened the security of court campus.

Thursday, September 8, 2011

Asaram Bapu will appear before DK Trivedi Commission 08.09.2011 | 17:45 Ahmedabad Vijay Shah



Asaram Bapu, who is embroiled in a murder case, has submitted an application to the Justice DK Trivedi commission and agreed to appear before the commission probing the mysterious death of two boys in an Ashram in 2008. The commission had summoned Asaram Bapu and his son Narayan Sai for questioning in the case several times, but the duo failed to appear till date.

“Bapu and his son wrote a letter to commission and agreed to appear before it, but only after commission completes the questioning of all the twenty witnesses in the case.” said BM Gupta, lawyer of Asaram Bapu and Narayan Sai.

Asaram had alleged that some political parties, NGOs and his former disciples have launched a campaign to defame him and they are using the commission as a platform.

The ashram authorities had filed a petition before the Gujarat High Court challenging the summons, which was withdrawn earlier this month.

Cousins – Dipesh (10) and Abhishek Waghela (11) – were found dead in July 2008 on the Sabarmati river bank behind the Motera ashram with their bodies mutilated.

Since the children were staying at the Motera Gurukul, parents demanded a thorough probe against the ashram's office bearers and accused them of indulging in black magic at the behest of the spiritual leader, which might have been the cause of death.

The Justice DK Trivedi Commission has been made constituted by the state government. The commission would look into the facts pertaining to the circumstances leading to the death of the two children.

Tuesday, September 6, 2011

Gujarat co-operative dept. denies info to bar association 06.09.2011 | 20:18 Ahmedabad Vijay Shah


A Right to Information (RTI) application filed by the Gujarat State Co-operative Tribunal Bar Association has not been answered on the ground that the association is not a citizen of India. On June 7, the bar association sought details of co-operative banks which went into liquidation in the state during last the 10 years. The information was sought from state Co-operative department.

“We sought details regarding names, addresses of co-operative banks which went into liquidation in the state. Further we asked for the name of Liquidator officer, claims by the depositors if any, recovery and pending amounts of banks which went into liquidation and administrative expenses.” said Hitesh Shah, President of Gujarat State Co-operative Tribunal Bar Association to Law et al. News.

On June 7, NB Sheikh, Public Information Officer of state co-operative department refused to give the information stating that under section 3 of Right to Information Act, 2005 an answer can only be provided to citizens of India and not to any association or other body. Bar association thereafter filed an appeal with the appellate authority of the department, but on September 5 was again refused information on the said ground.

“Interestingly, as a bar association, we have received answers from higher officials of the same department in various matters, but this time they are not ready to answer. If they reply to this RTI, the corruption, irregularities and malpractices of co-operative banks undergoing liquidation are likely to come out. To hide that, they are not replying.” Shah alleged.

The association has however decided to pursue its case before the State Information Commission. Some of the members will also file a fresh RTI application individually to get the same information sought earlier.

“The main intention of RTI Act is to make the administration of government department more transparent through providing proper information. When any association, NGO or other bodies files an RTI application and puts the information in to public domain, it has more impact rather than through a person.” added Shah.

Monday, September 5, 2011

Gujarat Lokayukta appointment case adjourned to Sept. 7 05.09.2011 | 18:08 Ahmedabad Vijay Shah


The Gujarat High Court today postponed a hearing on Gujarat Government's petition challenging appointment of Lokayukta in the state till September 7. State Governor Dr. Kamla Beniwal had appointed Justice (retired) RA Mehta as the Lokayukta without the state government's consent.

Advocate Vijay Nagesh today stated that as governor cannot be made respondent in the petition, the name of Dr. Beniwal has to be removed from the memo of parties. Now the first respondent will be Justice (retired) RA Mehta, who has been appointed as Lokayukta, stated Nagesh.

The court today postponed the hearing and gave time to the petitioner to file the amended petition. Five connected matters have also been filed before the court, one being by Bhikhu Jethawa, father of murdered RTI Activist, Amit Jethawa.

The state had sought to make the Governor as a respondent in the case which the High Court suggested be amended as the same is not warranted under Article 361 of the Constitution. A division bench comprising Justice Akil Kureshi and Justice Soniya Gokani had asked the state to file amended petition in the matter.

On August 25, Governor Beniwal appointed Justice RA Mehta as the state Lokayukta bypassing the state government. On this matter senior leaders of Bharatiya Janata Party (BJP) had also visited the president Pratibha Patil and asked to recall the Governor.

For the last eight years post of Lokayukta in the state has been lying vacant.

Former Minister IK Jadeja seeks more time to appear before riots probe commission 05.09.2011 | 14:47 Ahmedabad Vijay Shah


Former Gujarat minister and currently spokesperson of the ruling BJP party in the state, IK Jadeja, today failed to appear before the Nanavati-Mehta Commission probing the Gujrat riots. Jadeja sent an application seeking more time to appear before the commission. The application does not mention any reason for his seeking more time.

Jadeja was summoned by the commission for questioning on the riots. He was in charge of Urban Development department of the state, during the riots of 2002.

"Jadeja was supposed to appear today before the commission but he has sought more time. He is likely to be appearing on September 23." said Mukul Sinha, a lawyer and activist of Jan Sangharsh Manch(JSM), an NGO representing riot victims.

Jadeja is the second minister who was summoned and will be questioned in this regard. Earlier the commission had quizzed former state home minister Gordhan Zadafia which took place in-camera.

It has been alleged that Jadeja alongwith then colleague in the ministry Ashok Bhatt were present at the city police control room, during the riots and had issued instructions to the police.

Thursday, September 1, 2011

Fighting corruption from within 23.08.2011 | 08:15 Ahmedabad Vijay Shah



Using the Right to Information (RTI) as a tool, a 45 year old transmission executive of All India Radio is locked in a tenacious battle with his own department in a bid to expose corruption and nepotism in the organisation.

The executive, Ravindra Parmar who works in All India Radio, Ahmedabad first came to know of the alleged involvement of four of his colleagues in a racket in 2008 wherein they would appropriate to themselves sponsored programmes being commissioned by the government from private agencies, carry it out themselves and appropriate the financials.

Parmar moved an application under the RTI Act seeking details about the sponsored programmes. His plea for information hit a wall and were fended off with either half-baked replies or bland statements to the effect that records were not available.

With whatever information his repeated pleas could glean, Parmar knocked the doors of the CBI which swung into action in 2008 raiding the office and residences of the various officials including the station director Sadhana Bhatt. Following the raid and subsequent investigations, two of the executives, the husband-wife team of Mihir and Ashleesha Mehta were placed under suspension and continue to be so to this date. The two had set-up a company, Manisha Creative which was allegedly being used to secure the programmes contracts.

According to Parmar, All India Radio suffered a loss of Rs 70 lakhs due to this abuse of well laid out service rules. “There will be many more such cases and the losses will go into a huge sum of money, if the records are properly probed. In these cases also what has emerged so far is merely the tip of the iceberg”, he says charging that more people are involved and even conduct of higher-ups role needs to be looked into.

“According to Central Civil Services (CCS) conduct rule 15(1)(f) & 8, no staff member of All India Radio and Doordarshan is authorized to give voice or to act in the sponsored programs, but some of my colleagues didn’t care about the rules and gave their voice in sponsored programs.” As per Ravindra Parmar.

He is emphatic that “Before a program is aired, it is the responsibility of the station director to check the entire program. It is only after it is cleared by him that it is aired.”

Parmar is a man possessed. He has so far filed 30 RTI applications pertaining to AIR. In fact his persistence has led the AIR management to file a complaint that he is misusing RTI to harass it, and as a result he has now been served with a show cause notice.

Parmar however refuses to give up and is doggedly pursuing the matter. The CBI has recommended Regular Departmental Action (RDA) but the department is yet to move in this regard. Parmar’s question is why only two employees have been suspended, when there are atleast three others who are involved ? He is not happy with the CBI as well and on 26 February 2010 he has filed an application under section 319 of CrPC, in the CBI court seeking reinvestigation of the case.

“An outsider can fight against corruption, but to be in the system and to fight against one’s own colleagues and seniors, it becomes very much difficult”, he says adding that during the last four year’s epic battle, he has gone through unbearable stress and harassment including threat to life. He now stands transferred to Bikaner but has refused to go advancing the plea that he is been transferred because he is raising his voice against corruption.

Acting on his complaint the Central Vigilance Commission has directed AIR to stop his transfer not to harass him. Even Ahmed Patel, political advisor to Congress President Sonia Gandhi has acted on his representation and urged for a stop of his transfer. Unfazed, Ravindra Parmar’s epic battle continues. “I will not rest until I get justice”, he says emphatically.

Wednesday, August 31, 2011

Haren Pandya murder – Relief to accused by Gujarat HC 29.08.2011 | 16:55 Ahmedabad Vijay Shah


The Gujarat High Court today dropped murder charges against all 12 accused in the Haren Pandya Murder case of 2003. The High Court also took the Central Bureau of Investigation to task for its “washed up” and “blinkered” investigations in the 2003 murder case of the former BJP leader.

“Due to the lack of evidences, High Court bench comprising Justice DH Waghela and Justice JC Upadhyay removed the charges and they have not considered the FIR of Anil Yadram Patel in the case as he was neither present at the place nor an eyewitness to Pandya’s murder.” said BM Gupta, lawyer of prime accused Mohammad Asgar Ali.

Special public prosecutor JM Panchal has indicated that following the verdict the sentence of most of the accused is likely to be reduced. Certain charges however remain and today's development is not a complete acquittal.

As per the CBI Pandya was killed by bullets fired from point blank range. The CBI further claimed that Pandya was murdered as part of a conspiracy to assassinate political leaders in Gujarat in the aftermath of communal riots of 2002. In June 2007, the special designated court hearing the case had sentenced nine accused to life imprisonment, two to seven years in jail and one to five years' imprisonment.

Earlier, Haren Pandya's wife Jagrutiben and his father Vitthalbhai had expressed dissatisfaction with the CBI probe and the outcome of the trial. They had demanded re-investigation in the case.

Out of total 19 persons accused in the criminal case, four have been absconding and trial of three accused persons had been conducted separately under the Prevention of Terrorism Act, 2002. As a larger conspiracy to strike terror was alleged, provisions of POTA were invoked in the case of murder of Pandya on 2 June 2003.

All the 12 accused, including the prime accused Mohammad Asgar Ali, had filed an appeal in the Gujarat High Court in 2007 after they were convicted by the special court. The bench began daily hearing of the appeal after the Supreme Court expressed that hearing of the appeals be concluded within six months.

Former Gujarat minister of state for home, Haren Pandya, was found murdered at the Law Garden locality in Ahmedabad on the morning of 26 March 2003.

Gujarat Lokayukta is still sometime away 18.08.2011 | 22:27 Ahmedabad Vijay Shah


After the Gujarat government appointed a commission to probe allegations of corruption against the state over the last few years, there is talk of appointing a Lokayukta in the state as well.

While addressing the media, state government spokesperson, Jaynarayan Vyas said, “we have boosted up the process of appointing Lokayukta in the state,…in near future the state will have Lokayukta.”

From 1985 till 2003 Gujarat had a Lokayukta, but for the last eight years this office has been lying vacant. Various NGOs and RTI activists of the state have been urging for appointment of a Lokayukta for several years.

Even during the protests held at Ahmedabad in support of Anna Hazare’s movement to implement Jan Lokpal Bill, people raised their voice in support of appointment of Lokayukta in the state. “We are surprised that why the Modi government is not appointing Lokayukta in the state. The appointment will curb corruption and keep governance under a scanner”, said Gautam Thakkar, General Secretary of People’s Union for Civil Liberties.

Early last year in March, Modi had twice organized meetings to select a name for the office of Lokayukta, but on both instances the leader of Opposition, Shaktishin Gohil, remained absent.

According to law, generally, the appointment is made with the mutual consent of the Chief Minister and the Opposition Leader.

In April 2010, Modi returned back the legal and constitution note to the Governor of state, Kamala Beniwal who then asked Chief Justice SJ Mukhopadhyay to recommend a name for Lokayukta so that the government can start the process of appointing the same.

Later in December 2010, the Chief Justice suggested the name of retired Justice SD Dave’s name to the State government, but Dave expressed his unwillingness to work as a Lokayukta.

Thereafter, in June 2011, the Chief Justice recommended the name of retired Justice RA Mehta. The State government asked him to rethink his recommendation, but the Chief Justice again recommended the same name on August 2.

“On 7 June Chief Justice SJ Mukhopadhyay had recommended the name of Justice RA Mehta. State government asked CJ to rethink over it, but on 2 August the CJ again recommended the same name. So now government has taken it into consideration”, Vyas added.

In the absence of a Lokayukta the state on Wednesday appointed a commission under Justice MB Shah to probe charges of corruption against the state.

Policing PDS with right to information weapon 26.07.2011 | 20:22 Ahmedabad Vijay Shah


Gujarat has become the first state in the country where disclosure of all stocks has been made compulsory at fair price shops. This became possible due to the efforts of an 18-year-old in a Gujarat village and his use of the Right to Information Act.

The teenager, Bhadresh Wamja, filed an RTI application seeking details of the stocks dispatched from the public distribution system (PDS) to the fair price shops. A second year B Com student, who heads a movement called Youth Against Corruption in his area, Wamja came to know through newspapers that APL (above poverty line) cardholders were eligible to get rations under the public distribution arrangement through fair price shops.

Himself an APL card holder, Bhadresh was in for a surprise when he enquired about it from his village fair price shop. He was flatly turned down and informed that there were no such provisions for APL card holders. So he was forced to purchase his requirements at prevailing market prices. In a quandary, he called up the 'mahiti adhikar' (information rights) helpline and was told that the department of food and civil supplies of the Gujarat government dispatches foodgrains and assorted supplies every month for BPL (below poverty line), APL and Antyodaya cardholders.

Bhadresh filed an RTI application on 11 February 2011, seeking details of the stock dispatched and received by the shop. "This brought problems for me and my family and we began receiving threats from the local village functionaries as the PDS shopkeeper and the gram sevak were all involved in the irregularities", he pointed out.

Undeterred, Bhadresh contacted the whistleblower helpline of the Mahiti Adhikar Gujarat Pahel which helps and guides all such RTI Activists. The helpline immediately wrote to the food and civil supplies department of the government, the RTI chief and the relevant police station. This resulted in arrest of Paresh Jaiswal who operated the PDS shop. Jaiswal however secured bail in two days and the vicious circle of threats and warnings began all over again, alleged Bhadresh.

"I was threatened several times, but I did not give up and kept up the fight. However, some of my relatives intervened to bring about a compromise", Bhadresh said.

He, however, filed an RTI application against the civil supplies department on March 1. The continuing crusade finally bore results and on April 30, the state government passed an order under section 4(1)(b), making it compulsory for all fair price shops in the state to disclose all the details about rations received and kept in the shop. "This is a just reward for the initiative of the young lad which will prove a boon for all ration cardholders in the state", said Pankti Jog of Pahel here on Tuesday.