Joginder Singh, IPS (Retd)
Where there is a deal, involving huge money, there is always wheeling in dealing.
In all deals, a certain percentage in built in for the bribes to be paid to the powers that be.
The British had introduced laws to ensure that the Government servants were protected. Independent India’s Government has brought about layers after layers of sanctions and permissions before even a crook public servant is questioned. Indian Agencies are kept under tight leash by the Government.
Scams especially in defence Sector is not something new, but has been happening right from the Jeep Scandal of 1948, in the immediate post independence period. Other scams which have come in the realm of media include: Bofors scam, 1987 Barak missile scam Coffin scam, 1999 Tehelka scam,1999, Sudipta Ghosh case, where, in 2009, the former Ordnance Factory Board director general Sudipta Ghosh was arrested by the CBI.
Ghosh had allegedly taken bribes from two Indian and four foreign companies which had been blacklisted by Defence Minister AK Antony, Tatra trucks scam, 2012. There is a Hindi Saying that what you can you do, when the fence starts eating the field or field produce.
According to a PIL filed and admitted by Delhi High Court in September, 2013, about the resettlement schemes that the Directorate General of Resettlement had launched for ex-servicemen under which the retired officers were allowed to start and register their security agencies, coal loading and transportation agencies and national highway toll plaza management agencies and to recruit retired soldiers for their manpower requirements.
The names of over half a dozen Generals , have been mentioned. The advocate for the PIL says “My estimate is that the scam goes much beyond the eight years for which I have submitted documents to the court and the swindle is worth over Rs 1,000 crore minimum and may go up to Rs 5,000 crore according to estimates of some whistleblowers”.
Look at the MGNREGA which guarantees 100 days of employment in a financial year to a rural family. The scheme aims to enhance the livelihood security of people in rural areas through construction of durable assets, although there has been criticism that much of the work is of little utility.
It mandates, payment of wages within 15 days of the work, being completed. Timely payment is one of the most critical elements of the rural jobs programme.
An analysis of data from the MGNREGA management information system in districts represented by top Congress leaders, where implementation should have been exemplary shows delays in payments to about 50 % to 80% of beneficiaries, in some cases in excess of three months. Infact the most glaring delay is in the cases of the ruling party’s ministers.
Why go far off, let us look at the National Capital, the seat of the Central Government. As per the information revealed under Right To Information Act, where in it is revealed that getting justice can even take 30 years Criminal cases instituted as early as 1982 are still lying pending in the trial courts, an RTI reply has revealed. This is despite Supreme Court judgments and circulars issued by Delhi high court asking subor¬dinate courts to conduct day-to-day trials.
In one of the magisterial courts, the 10 oldest cases were all filed in the 1990s and deal with Section 498A (cruelty against woman by husband and relatives of husband). In another court, customs cases dating back to 1980s are pending. Charges have not been framed in one of the cases. Some delayed cases are as under;
Subject Pending Since
Custom offence 1982
Causing grievous hurt 1988
Prevention of Corruption
Act (CBI) 1992
Cruelty by husband or
relative of husband 1994
Attempt to murder 1998
As per a letter written to the Government by the Registrar of Delhi High Court i in January, 2014, Over 250 vacancies of judges in Delhi courts cannot be filled due to absence of courtrooms for them.
The letter gives details of the total number of courtrooms available and those occupied by judges in each of the six court complexes in the capital Due to less courtrooms the HC is unable to fill vacancies of 271 judges, the letter laments, emphasizing the need for infrastructure is “immediate.” The HC administration has annexed five letters sent intermittently since 2009 reminding the government to establish more buildings to enable efficient running of courts. The position is no better in High Courts.
At present, there are at least 256 vacancies in HCs against a sanctioned strength of 906 judges A Union Minister has blamed CAG , CVC, CBI and the Superior Courts, for the poor image of the present Government.
A 3 member bench of Supreme Court Judges had observed in 2011. that , “States have a wrong notion of judiciary. They feel because they provide funds, they must have full control. They want the High Courts to beg for creation and filling up of posts. The bureaucrats put several objections when such a request is sent.
The states must come out of this mindset and allow the courts to function properly. The trouble with our politicians is that they believe in Fyodor Dostoyevsky’s quote, who once said “I say. let the world go to hell, but I should always have my tea.”
You can guess, whether he included our political rulers in it or not.
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