Firoz.T.Totanawala The Bangalore Metro Reporter BEHIND THE VEIL ANNA’S ANTI-CONGRESS POLITICS RAISES SUSPICION

By Firoz.T.Totanawala 

The Bangalore Metro Reporter

 

 BEHIND THE VEIL ANNA’S ANTI-CONGRESS POLITICS RAISES SUSPICION 

 At long last, Anna Hazare has betrayed his political ambition by giving a call to the voters in Hissar Loksabha by-elections to vote against Congress. He had stated that he will campaign against Congress in the general elections too. The half a dozen ‘loyalists’ of Anna who managed his ‘Jan Lokpal’ movement have their photos printed along Anna’s posters. Anna team is preparing the ground for taking up anti-congress campaign in the states going to polls in few months. Whether Anna will float his own party or align with any existing party, only time will tell... 

 Anna Hazare, who is hell bent on forcing the Central Government for implementation of ‘only his’ Jan Lokpal Bill has betrayed his political ambition. One does not know, whether Anna has taken this decision on his own after his ‘fast’ gathered much publicity and support or he was goaded by half a dozen leading loyalists to do so. But the transformation of Anna from a social activist to a politician is conspicuous. 

 Recently, Anna has issued a call to the voters of Hissar Loksabha constituency where a by-election is scheduled to be held, to vote against Congress party on the plea that it is not serious about fighting the corruption. And the same Anna and his loyalists cum advisors have kept a deafening silence during the by-election from Koppal in Karnataka state. Anna has also issued a stern warning, not only to the Congress but the parliament as well, that he will go on fast it his Jan Lokpal Bill is not passed in the Winter Session! 

 Anna’s anti Congress stand is well known to everybody. Very recently, the Anna team had publicly declared that Anna will embark on a countrywide tour and interact with the youths to gather their support for fight against corruption. They have also made their intentions clear when they stated that Anna will campaign against Congress Party in the Assembly elections due in some states in few months. Anna’s anti Congress moves will be extended to the next general elections due in 2013 or even earlier. 

 One can have no objections if Anna forms a political party or join any party because that is his fundamental right. He has many followers and the middle class is backing him and he may use his following to float a political party and get into real politico. Moreover, Anna has some retired officials who have become his loyalists and advisors. He can also use their ‘talents’ to attract the masses to vote for his party or a party he choose to join. But, merely targeting one political party for all the reasons raises doubts of a higher camouflaged political conspiracy. If Anna insists that people should not vote for Congress party it simply applies that all the other political parties are white as snow. But, that is not the reality and therefore the rationality of a common man points towards suspicious political agenda. Besides, if he insists that Congress is not supporting his Jan Lokpal Bill, he is absolutely wrong, simply because the ruling Government is not Congress but UPA. It would make some sense if he calls on people to not vote for all political parties that are together in UPA Government. But, Anna and his team are continuously using the name ‘Congress’ alone which provokes pondering. 

 One wonders whether it is the half a dozen loyalists cum advisors of Anna who have their own political agenda and are using Anna to achieve their goal? And the hard fact remains that the elections in India is not fought over media publicity, facebook or twitter, but requires different yardsticks. Instead of becoming a medium of change, the Anna team is fast moving towards becoming a part and parcel of the political system. 

 Whatsoever, Anna Hazare a self styled crusader against corruption has apparently transformed himself into a political activist. Mere anti-Congress politics will not do any good either for him or for the country, and Anna should realise this. The sooner, the better. 

That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE SILENCE OF THE SPEAKER ONE MONTH OVER, SPEAKER STILL QUIET ON SRIRAMULU’S RESIGNATION

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE SILENCE OF THE SPEAKER 

 ONE MONTH OVER, SPEAKER STILL QUIET ON SRIRAMULU’S RESIGNATION 

 It’s been over a month now that MLA Sriramulu submitted his resignation to the speaker personally and in the prescribed format, but the same is not yet accepted. The rule does not stipulate any time limit for the Speaker to accept the resignation of an MLA, but that also does not mean that the Speaker may sit tight on it for long particularly after Sriramulu observed all the stipulated rules. 

 Everybody knew that Sriramulu’s resignation was a prelude to the toppling of D. V. Sadananda Gowda led BJP Government, engineered by the Reddy Brothers. The Reddy Brothers were refused cabinet entry into the new Sadananda Gowda Government by the BJP High Command for they were named accused in the Lokayukta report on mining scam. 

 Dejected, the Reddy’s mobilised their supporter MLAs and planned to resign enmasse to reduce Sadananda Gowda Government to minority. Sriramulu’s resignation was the first salvo fired by the Reddy camp. Sriramulu went to Mercara to personally hand over his resignation to the speaker who dodged him for several hours. But, the determined Sriramulu waited till the night at Bopaiah’s residence and finally handed over the resignation letter to him personally. There was not even an iota of emotional reasons as a cool and calm Sriramulu submitted the resignation letter to Bopaiah and the event was telecasted live on the TV channels. 

 Once an MLA personally submits his resignation to the Speaker and that too in the stipulated format, there is not much the Speaker can do except accepting the same. If the resignation letter is not in order or the MLA has written it under duress or emotional reasons, the Speaker may refuse to accept it. He may ask the MLA to resubmit the resignation letter in the proper format or withdraw the same. But it was not so in the case of Sriramulu. In fact, Sriramulu himself waited for hours and handed over the letter personally to him. As such, there is no alternative for Bopaiah, but to simply accept it. Yet, he is simply sitting tight over Sriramulu’s resignation. 

 Sriramulu’s resignation initially created ripples among the BJP leaders and they were on their toes to persuade him to withdraw the same. But soon, the game changed as to everyone’s shock, the CBI suddenly and swiftly arrested Janardhana Reddy, within hours of Sriramulu’s resignation. The arrest of Janardhana Reddy took away the dramatic effect of Sriramulu’s resignation episode and now Sriramulu’s future too became uncertain. Very soon, CBI could also arrest him as he is one of the active Director’s of the Obalapuram Mining Company. The CBI action dealt a severe blow to Reddy’s toppling move and in a way saved Sadananda Gowda’s Government. 

 Later, Sriramulu himself started having second thoughts over his resignation and stated that the Speaker needs time to ascertain the facts before accepting the resignation. But soon, Sriramulu stung by the adverse media reactions, finally and solemnly affirmed that he will not take back the papers. He also abandoned his ‘Swabhimana Yatra’ scheduled to start from Mysore, minutes after Janardhana Reddy was arrested. 

 Whatsoever, the Speaker Bopaiah continued with his indecision and was strongly criticised by the JD(S) and Congress who took serious exceptions to his not accepting the resignation. It may be recalled that the same Speaker had accepted the resignation of Congress and JD(S) members instantly, when they offered to resign under the influence of BJP’s Operation Kamala. And the same Speaker is sitting over Sriramulu’s resignation for over a month. 

 It is another matter that Speaker Bopaiah’s action in the past was also severely criticised by the Supreme Court. Despite the severe strictures by the Supreme Court, Bopaiah continues with his petty politics. He has forgotten that he is the Speaker of the Assembly and has constitutional responsibilities and duties. He has disgraced the institution of the Speaker through his earlier decisions and the present Sriramulu issue. 

 Interestingly, Sriramulu has resigned a month ago but his resignation is not yet accepted. In such a situation, does he deserve to enjoy all the facilities and perks reserved for an MLA? Will he be paid his MLA salary from the public money in spite of having resigned? 

Any comments?

Firoz.T.Totanawala The Bangalore Metro Reporter THE VICTORIOUS DEFEAT KOPPAL BY-ELECTION RESULTS SOUNDS TROUBLES FOR ALL

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

THE VICTORIOUS DEFEAT KOPPAL BY-ELECTION RESULTS SOUNDS TROUBLES FOR ALL 

 The BJP victory in Koppal by-election is the beginning of the fresh troubles for D. V. Sadananda Gowda Government. The former Chief Minister Yeddyurappa who has considered the by-election as a prestige issue, naturally has claimed credit for the victory, while other leaders have attributed the victory to the collective leadership. With the compulsion of cabinet expansion soon, the stage is set for a final countdown. 

 The victory of Karadi Sanganna, the BJP candidate from the Koppal has already intensified the infighting in BJP and threatens the very survival of Sadananda Government. The loyalists of Yedurappa have proclaimed that the result is the victory of Yedurappa who worked single handedly in the campaign. However, the state BJP had campaigned through collective leadership. 

 Interestingly, the entire cabinet except a couple of ministers camped in Koppal to ensure the victory of its candidate. The opposition Congress too pressed its top leadership for the campaign and for JD(S); the campaign was led by H. D. Kumaraswamy. Many factors worked in favour of BJP and Karadi Sanganna who joined the BJP a few months ago, won the seat. 

 Arguably, the Yedurappa factor had played a role in the victory and Karadi Sanganna too acknowledged this fact. Consequently, Yedurappa is back to the centre stage of the state politics. Let us recall that Yedurappa used to proclaim that he will be back as Chief Minister within six months. It is already been three months since his resignation and he has to bounce back in the next three months to prove his boastings, but, that is only a wishful thinking. With half a dozen criminal cases against him and fighting with his back on the wall to avoid jail, it is difficult for Yedurappa to be cleared of all cases in such short period. It will take few more years to come to a conclusion. 

It is not that he does not know this hard reality, but, he now intends to cut his opponents in BJP to size. As the cabinet expansion is due very soon, Yedurappa is demanding his pound of flesh. With too many aspirants fighting hard over the cabinet berths and Sadananda Gowda not showing any political strategy, the field is all set for a fierce struggle for ministerial berths. The Reddy Brothers, who would have tilted the balance, are almost out of political games with their Don Janardhana Reddy, cooling his heels in the jail. 

 The anti-Yedurappa group led by Jagadish Shettar on the other hand is too weak to assert their rights and choice. They can only make noises unlike Yedurappa who is indeed a hard bargain. 

 Therefore, the cabinet expansion will be the biggest problem and Sadananda Gowda has left the entire issue to the BJP leaders. Once the expansion takes place, all hell may break loose and there are chances of rebellion by the senior leaders who are denied ministerial berths. Besides, the Reddy Brothers and their loyalist MLAs are also planning to resign enmasse in retaliation to their isolation and the Sadananda Government is thus in danger. 

 As such, the Koppal victory does no good to the stability of the Sadananda Government. The Koppal victory on the contrary has also taught a lesson once again to the Congress and JD(S). For Siddaramaiah, who wanted to contest the next Loksabha election from Koppal, the result is indeed shocking. He camped in Koppal and campaigned hard but in vain. And the JD(S) too suffered a setback there. 

 Whatsoever, the Koppal result does not auger well for any party, as on now. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE SAGA OF KPSC H N KRISHNA TRAPPED, OTHERS ARE STILL FREE

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE SAGA OF KPSC 

 H N KRISHNA TRAPPED, OTHERS ARE STILL FREE 

 Former KPSC Chairman, H N Krishna is arrested for the Frauds he had committed in KPSC, first as a Member and later as its Chairman. However, it is to be remembered that the frauds in the KPSC were committed by the Members and officials also. 

 H N Krishna is facing the music of the law of the land for all the frauds he had committed in KPSC. And he is not alone in the commission of the frauds but, there are a lot of officials and non-officials who are involved. 

 The KAS selections by KPSC in 1998, 1999 and 2004 were to say the least, scandalous. The way in which members of a same family obtained ‘high’ marks and selections were only the tip of the iceberg. The entire Commission consisting of Chairman and six members are to be blamed. In addition to this, the officials concerned, who have connived with the Members, are also involved. But it is H N Krishna who was targeted by the CID police as he happens to be overbearing and got what he wanted in his own way. 

 The CID probe into the frauds ordered by the High Court has now come to the decisive stage. If the CID probes deep into H N Krishna’s acquisition of properties during his long stint in KPSC, they will hit the jackpot. 

 It is to be recalled that the selection process is done by the entire commission where every member gets his quota in selection. It is no secret that these ‘quotas’ are sold, literally. H N Krishna is not the only one who had indulged in frauds, but the other Honourable Members too have contributed equally to the frauds. The CID should probe the role of other Members too. 

 It is an open secret that frauds can not be committed unless the officials support it. The officials in the Secretary section who tamper with the scripts and marks have not yet been touched by the CID. There are cases where even answer papers are replaced. 

 One such example is M. N. Gururaja Rao, the Assistant Secretary in KPSC who is the fountain head of many frauds. His daughter too has been selected to the KAS. He runs a Housing Co-operative Society meant for KPSC employees, but actually he does real estate business in the name of the society and many members of the KPSC are also benefited from him. 

 If the CID takes a close look at the role of the officials in the fraud, one can dare say that the scam will be the biggest in the state. But the question is - Will the CID ‘touch’ the officials and other Members? 

 The CID probing H N Krishna scam should conduct a comprehensive probe into the role of other members and officials in the case. If an in depth study is made on the composition and functioning of the KPSC since the last two decades, one can get the real KPSC - the Karnataka Public Service and Corruption Commission. 

That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE ILLEGAL COMMUNICATION ROAD CUTTING A MAJOR COST CUTTING FOR TELECOM COMPANIES, BBMP FINALLY WAKES UP.

By Firoz.T.Totanawala

 The Bangalore Metro Reporter 

 THE ILLEGAL COMMUNICATION 

ROAD CUTTING A MAJOR COST CUTTING FOR TELECOM COMPANIES, BBMP FINALLY WAKES UP. 

 The BBMP has taken a decision to cut off illegal cables laid by telecom companies throughout Bangalore. BBMP is stating that the companies have laid 25,000 kms long of OFC cables against their permission for 5000 kms. But the reality is quite different and the BBMP has got the statistics wrong. The hard fact is that the telecom companies have laid more than 50,000 kms of cable and the permission is not even for 5000 kms! 

 The OFC laying in city beats any known logic. Airtel, Tata, Reliance and other companies have dug up the entire city. And the hard fact is that almost 90% of the road digging is illegal in the sense that they have not taken road cutting permission from the BBMP. The OFC business prospered because of the institutionalisation of corruption in the then BMP, now BBMP. 

 To understand the scam, let us look at the basics. 

 The telecom companies had to lay cables all along the roads of the city to provide connections to consumers. Before digging the roads to lay OFC (Optic Fiber Cables), the companies had to take permission from the BMP by paying the road cutting charges of Rs. 1300/- per meter, which sums up to Rs. 1.30 lakhs per Kilometer. Besides, it is the company’s liability to restore the roads by asphalting the dug up areas. As per the road protocol, the companies had to use HDD machines to dig the roads. HDD is a horizontal boring machine which can dig up to 250 meters in one stretch. 

 It is here that the scam rests. The companies obviously look out for cost cutting and the best cost cutting method they found was in road cutting. 

 The modus- operandi was simple. The companies paid the required fees and got permission for road cutting for a km or half showing the starting point and end point. But, the company actually continued to dig 10 to 15 kms with impunity. Even though, it is the duty of the BMP Engineers to be personally present at the start and completion of the road cutting to prevent excess cutting, nobody was actually present at the spot. 

 The company flourishingly undertook this illegal road cutting needless to say by paying sufficient bribes to the concerned authorities. Smartly, the companies enlisted the support of local rowdies by entrusting them the digging works so that there was no hindrance in their illegal road cutting. Further for record sake, the company allowed Engineers to ‘detect’ small stretches of illegal road cutting and levy fines on them to create public impression that the BMP was doing its duty and that all other road cuttings are strictly legal. 

 Before 2007, when the BBMP was formed, the companies had a field day in CMC and Panchayat areas which were around 500 sq kms. They dug up all roads they could spot for future plans. The CMC Commissioners and Engineers thus made a fortune from the telecom companies. In fact, the companies have kept records of payments to the concerned authorities. Even now, if the companies are raided, one can find the details of bribe payments to politicians and bureaucrats. 

 Besides, the digging of main roads, by lanes, cross roads etc. had some times damaged other underground utilities like drainage, water supply, power etc. and the companies cared two hoots to such damages. In many instances, the companies run their OFC in Sanitary lines too. 

 In some cases where the companies used HDD machines, the drilling even damaged the foundation of buildings making it weak. Some buildings even developed cracks, but nobody knows the real fact and even now, this is happening in many congested areas. All these happened because none of the BBMP engineers were present at the work spot before and after digging. 

 With regard to the OFC fraud, it is because of the tireless efforts of Corporator Ramesh, that the BBMP has woken up to the reality. BBMP has now put the illegal road cutting at 25000 kms which is only a moderate estimate. And further, it has decided to cut off the illegal cables laid by the companies. This is easier said done. The companies also have top level links and will not spare any effort to prevent BBMP moves. As a first step, they approached the High Court to safeguard their illegal cables but, the High Court dismissed their petition. The companies will now knock the doors of politicians and finally, whether under pressure or extraneous consideration, a political decision will be taken by the BBMP, to regularise the illegal cables by levying nominal fine on the companies. The matter will then be closed. 

 The major scam in OFC laying attained dangerous proportions from the year 2006. As the entire roads in Bangalore are networked by the OFC, the total length of the illegal OFC will be more than 50,000 kms in Bangalore alone. The BBMP Engineers in 200 wards can provide the exact details by simply going round the roads of their limits covering main roads and cross roads. Even if BBMP collects the usual road cutting charges of Rs. 1.30 lakhs per km, the BBMP will become richer by at least Rs. 750 crores. Further there is provision to levy penalty at ten times and even if BBMP levies only one time penalty, there will be another Rs. 750 crores making it Rs. 1500 crores. But, only the time will tell, whether BBMP will take actions against the illegal OFC laying or will simply succumb to the political dictation.

Firoz.T.Totanawala The Bangalore Metro Reporter THE GREAT FRAUDSTER MN GURURAJ, NECK DEEP IN MANIPULATIONS WAITING TO BE CAUGHT WILL SOMEONE GRAB HIM

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE GREAT FRAUDSTER 

 MN GURURAJ, NECK DEEP IN MANIPULATIONS WAITING TO BE CAUGHT! WILL SOMEONE GRAB HIM 

 M.N.Gururaj Rao, the Assistant Secretary of Karnataka Public Service Commission (KPSC) who also functions as the Secretary of the Lokaseva Housing Co-op Society (LHCS) formed by the employees of KPSC has bundles of scams in his kitty. Due to his extensive reach and clout and support from the corridors of power, he is still at large in spite of indulging in magnanimous manipulations and violations. He is waiting to be grabbed and it is high time that the law of land catches up with him. Below are the few violations and manipulations of M. N. Gururaj in brief. 

 TWO JOBS 

 M. N. Gururaj Rao is an Assistant Secretary of KPSC and also functions as the Secretary of the LHCS. He is playing this double role since decades and shockingly, no one has dared action against him. Despite the Co-operative Act stipulating adoption of model bye laws to all the Co-operative Societies in the State, LHCS is the only society which cared too hoots for the same. As per the Act, every Co-operative Society shall have a paid Secretary and no member or Director can become the Secretary. But M N Gururaj still continues as its Secretary by using a different name and signature. 

 TWO NAMES, TWO SIGNATURES 

 Interestingly, Gururaj is not using his official name in the society. In all the correspondences of the LHCS, he uses M.N Gururaj and in KPSC he uses the name of M N Gururaj Rao. And smart as he is, he also uses different signatures for different posts. Despite knowing this ‘Double’ role of Gururaj, the KPSC has not taken any action against Gururaj till date. 

 Obviously, a Government official holding and working for two different posts that too by manipulation of name and signature is a serious offence under the KCS. 

 NO RENT 

 The LHCS is located in the premises of KPSC. Since M. N. Gururaj Rao himself is the assistant secretary in KPSC, there is no need for him to take anybody’s permission. He uses all the facilities of KPSC for his LHCS and that too absolutely free. The society also does not pay any rent for the area. 

 EXISTING FOR PERSONAL GAINS 

 The LHCS formed solely for the purpose of providing sites to the employees of KPSC has become a very big real estate agency. KPSC does not have more than 300 employees including officials, but, the society has made hundreds of sites in many layouts. Almost the entire KPSC employees who needed sites have been allotted the same long back and as such, legally, the LHCS needs a wind up as it has outlived its utility and served its purpose. But Gururaj in stead is using it as a real estate agent to acquire lands, get Government clearances, form layouts and sell sites to the public. 

 NAGADEVANAHALLI LAYOUT- ONE LAYOUT, MULTIPLE PLANS 

 In the formation of its first layout at Nagadevanahalli, M N Gururaj has committed unimaginable scams, but his high links at high places, has blinded the Co-operative department officials. 

 The society purchased 12 acres and 3 guntas of lands in Survey No. 24 and 25 of Nagadevanahalli. In the sale deed he signed as M N Gururaja Rao and the BDA has also sanctioned the layout plan with 165 sites of various dimensions. M N Gururaj submitted a list of Members of the society totaling 192 members (including around 34 set up members who paid only Rs. 100 as share fee). Of them, 165 members had paid the sital deposit and therefore, 165 sites were more than sufficient to cater to the needs of all the eligible members of the society. 

 But Gururaj sold more than 200 sites in this layout! He could do so by unofficially purchasing adjacent land, forming sites there also without following the law of the land. But there was a hitch. The fact that the BDA has sanctioned only 165 sites and the society has sold 200 sites will be known, if any purchaser goes for a legal opinion. Therefore, to safeguard himself, he submitted another draft layout plan in 2005 to the BDA showing 187 sites, a clear increase of 22 sites over the earlier sanctioned sites. He then showed this draft layout plan of 187 sites to many gullible purchasers and to further make it seem real, he got a petty official in the BDA to ‘endorse’ the copy as ‘For’ Deputy Director Town Planning! 

 Besides, Gururaj also cleverly manipulated the dimensions of the sites like 60 x 55 1/2”, 30 x 41, etc. to increase the number of sites. But the question is – how could the BDA sanction sites measuring 30x41, 40x55 1/2 etc. 

 Even though the society was limited to the employees of the KPSC, Gururaj allotted more than 50 sites to outsiders by treating them as members. 

 We took a sample of around 87 registered deeds and shockingly found more than 30 names of outsiders who are not employees of KPSC. Why go far, M. N. Gururaj’s brother M. N. Nagaraja Rao, an employee in PSIT was also given a site bearing No. 149 which was registered on 06-10-2010. Gururaj who has built a three storied building near Kumaraswamy Layout has also allotted a site to himself as well. Besides, his another brother too was given a site. 

 Of course, the BDA released 192 sites to the LHCS. And as per the rule, the Society has to submit the seniority list of members duly certified by the registrar of Co-op Societies. But who cares? Apparently, even the BDA did not insist on the lawful procedure. 

 YELAHANKA LAYOUT: TWO HOOTS FOR THE LAW OF THE LAND 

 The Yelahanka Layout at Kogilu by M. N. Gururaj is another shining example for his contempt towards the law of the land. The Nagadevanahalli Layout was sufficient to the needs of less than 200 employees of KPSC, but Gururaj continued to form layouts to do the real estate business. 

 The latest venture is a layout in Kogilu village near Yelahanka and he is busy in it for the last seven years. In fact, he has sent letters to companies and factories offering sites to their employees making a direct violation of the co-operative spirit. How can a Co-op Society, formed for the housing needs of the KPSC employees, advertise sale (allotment) of sites to outsiders and that too by forming new layouts? This is sheer rubbish, but who cares? 

 In the Yelahanka (Kogilu) Layout, Gururaj has formed hundreds of sites in three stages and has collected sital deposits to the tune of crores. In fact, in 2005 itself, Gururaj had sent a circular to the purchasers to pay up sital deposits ranging from Rs. 40,000 to 1,00,000 depending on the size of the sites as second installments. 

 But the most astonishing aspect of this 2005 circular, mind it 2005 year, is that Gururaj had stated that civil works of the layout were progressing. This means that the LHCS had started the civil works of the layout by 2005 itself, while the rule is that it can be done only after the BDA approves the layout plan. 

 On the contrary, as per the RTI information, the Town Planning Member in BDA states that the BDA has not at all sanctioned any layout plan in Kogilu in favour of the LHCS. 

 The law of the land stipulates that the society has to first identify the lands, send proposal/request to the land acquisition officer explaining the need for it along with the information about the number of members who need the land and with supervision and other charges. Then, the lands be acquired on its behalf by the Land Acquisition Officer. Finally, the BDA gives sanction after the society hands over the areas meant for CAs. Only then, the society can start the civil works under the supervision of the BDA engineers who shall ensure that the society adheres to the sanctioned plan. Once the works are completed, the BDA then releases the sites to the society, in the name of the members. For this purpose, the society has to submit the seniority list of the members duly certified by the Registrar of Co-op Societies. The society can start registration of sites in favour of the allottees thereafter only. 

 On the contrary, Gururaj in the year 2005 itself said that the layout works were progressing. This implies that the BDA had sanctioned the layout plan then. Otherwise there is no question of civil works being undertaken by the society. But, the Town Planning Member in BDA says that BDA has not sanctioned any layout plan in favour of the LHCS at Kogilu. 

 While the mega fraudsters of the political background are lined for jail and interrogation, it is high time that somebody wakes up and grabs M N Gururaj for his blunt and endless violations and manipulations. 

 Any Comments

Firoz.T.Totanawala The Bangalore Metro Reporter THE UNKNOWN GOODBYE JUSTICE ARALI NAGARAJ OF HC ABRUPTLY RESIGNS, THE TRUTH CONCERNS US ALL.

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE UNKNOWN GOODBYE 

 JUSTICE ARALI NAGARAJ OF HC ABRUPTLY RESIGNS, THE TRUTH CONCERNS US ALL. 

 Justice Soumitra Sen of Kolkata High Court resigned just a day before he was to face the impeachment. The Rajya Sabha had impeached him and feeling shy of facing Loksabha impeachment, he resigned. The President duly accepted it which ultimately spared him of impeachment by the Loksabha, just hours before it was to begin. 

 In the same vein, the President accepted the resignation of P. D. Dinakaran, Chief Justice of Sikkim just before the probe committee started probing corruption charges against him prior to his impeachment. Likewise, Justice Arali Nagaraj of High Court has also tendered his resignation and there is no reason for the President to reject it. But the question of concern here is why has Justice Arali Nagaraj resigned? 

 Normally, the judges resign for personal reasons, against some allegations, on ground of principles and sometimes on Health grounds. It may be recalled that three senior judges of the Supreme Court resigned in the seventies when a junior judge was promoted as the Chief Justice of India by superseding them without any reason or logic. In another case, a Chief Justice of a High Court resigned protesting the policy on Transfer of judges and comparatively there are very few cases of judges resigning on health grounds. 

 The judges of the High Court and Supreme Court resigning for whatever reason, is not a small thing to be tucked under the carpet. The reason for such resignations should be made public primarily because the citizens have the right to know and secondarily because, people at large, have huge faith in Judiciary. The resignation issue is equivalent to a Chief Minister or a Minister suddenly resigning from the post without an explanation. 

 To simply put, though unknown, there should be a strong reason for the resignation of Justice Arali Nagaraj. If it is on ‘principles’, the judge would have disclosed it and raised his bar in the public eye. But since it is not revealed here the possibility of his resigning on principles ground is ruled out! It also cannot be on health grounds as he is hale and hearty with a sharp mind. Then, if the resignation is for personal reasons, the judge should have spelt out the same. He may have been disillusioned with the system or he might have faced some harassment or discrimination at the hands of Chief Justice or the senior judges or he may have decided to pursue his private legal practice once again. Whatever could be the personal reason, it should have been revealed and since it is not, one has to rule out the same. 

 But then, what is the real reason behind Justice Arali Nagaraj’s resignation? The Bar is agog with colourful rumours and one such rumour is his tiff with another straight forward judge who had taken exception to his adventures. It is also said that the Chief Justice was upset with his behaviour with a staff of the High Court which was unbecoming of a High Court Judge and so he made him to resign before the issue becomes scandalous. The CJ seems to have viewed the issue with all seriousness it deserved and Justice Arali Nagaraj had no option but to put down his papers. 

 Whatever be the reason behind his abrupt resignation, the High Court has a duty to explain the same. It can even issue a statement that Justice Arali Nagaraj has resigned on personal reasons not necessarily explaining the real reason if it may damage the credentials of the judiciary. But at least it should enlighten why Justice Arali Nagaraj has resigned. But, the hard fact is that, the truth may not come out, at least, for the present. 

 Whatsoever, Justice Arali Nagaraj’s resignation follows the resignation of Justice Soumitra Sen of the Kolkata High Court and Chief Justice P.D.Dinakaran of the Sikkim High Court, under controversial background. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE REAL LIFE Darshan episode- Sandalwood or scandalwood

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE REAL FILM!

 DARSHAN EPISODE- SANDALWOOD BLUNDERS 

 Film actor Darshan had assaulted his wife inflicting serious injuries and threatened to kill her. She lodged a police complaint and they registered a case and arrested Darshan who was drunk at that time. The entire sandalwood reacted as if it was the sandalwood that was arrested. Ambarish, the sandalwood leader along with others forced Darshan’s wife Vijayalaxmi to compromise and at the end of the day she withdrew the complaint. She even changed her statement, but, the court was not convinced and sent Darshan back to jail. The ban on another actress Nikitha has made the sandalwood, a laughing stock. 

 Darshan, a leading Kannada actor has followed the politicians in the art of avoiding jail. While he was ushered into the jail for domestic violence against his wife, he collapsed and was rushed to the Hospital where he was treated for asthma and other assorted ailments. The sandalwood people made a beeline to the Rajiv Gandhi Hospital to meet him and his fans too were in full strength. 

 The case against Darshan is simple. He beat his wife black and blue and also threatened with his revolver to kill her. His wife who could no more tolerate such inhuman treatment complained to the police and was admitted to a Nursing Home. The police took her statement and filed charges of Domestic violence, attempt to murder etc. against Darshan and arrested him when he came to see her in the Nursing home. He was drunk then and the police also got him tested for alcohol. 

 As the news of Darshan’s arrest spread, the entire sandalwood assembled at the Vijayanagara police station to get him released. His fans also gathered there and demanded his release. They even damaged few buses and when the situation threatened to go out of control, the police used lathis to disperse the mob. 

 The sandalwood led by its leader Ambarish then went to the Nursing Home to meet Vijayalaxmi and forced her to withdraw the complaint. How can one expect Vijayalaxmi to resist the pressure of sandalwood biggies? The inevitable happened and she agreed for a compromise. But, as the charges were grave, the police could not release Darshan on their own and it was now on the court to release him on bail. 

 The scene now shifted to Magistrate Court where the police buckling under the sheer weight of Sandalwood, produced Darshan at Magistrate’s residence. Vijayalaxmi, who was still recovering from the injuries, was also brought to Magistrate’s residence and there she made her statement of withdrawing her complaint saying that the injuries she suffered were due to her fall in the bathroom. However, as the law does not permit bail to Darshan at this juncture, the Magistrate sent him to jail. And once in jail, Darshan collapsed ostensibly for exhaustion. He was shifted from one hospital to another and was finally lodged in the Rajiv Gandhi Hospital. The film stars etc. had free access to Darshan in the hospital and the rest is history. 

 Then, the Producers’ Association under the chairmanship of its President Munirathna, took a shocking decision and banned actress Nikitha from acting in Kannada films for three years! This was because Vijayalaxmi, in her complaint had alleged that Nikita was the cause of discord in her family. But what is that got to do with her ‘ban’ by the producers? The Producers’ Association had not thought it fit to hear the other side before taking such a big decision! Whatsoever, what Darshan did was a criminal offence and he shall be punished for it. 

If the sandalwood leaders wanted to help Darshan, they could have provided legal and moral support to him. But the leaders instead made a mockery of the law of the land by forcing his wife to withdraw the complaint and make false statements before the court. She made the false statement of sustaining injuries by a fall in the bathroom, firstly, when Darshan was produced before the Magistrate at his residence and secondly, in the court when the bail plea was before the Magistrate. 

 In fact, by making her change the statement, the sandalwood leaders have put her in danger of ‘perjury’ for which the court can take note and punish her after the trial. The leaders too can be proceeded against by the same offence by the court if the Magistrate minds! Heavens would not have fallen if Darshan spent some time in the jail for the crime committed as an under trial until he got the bail. But the sandalwood leaders were not prepared to wait because some of the producers have invested crores in the Darshan starring films which are in various stages of production. Obviously, money matters more to them than the law of the land and the domestic violence. 

 What more, the sandalwood leaders even forced the police to alter the charges against Darshan. Darshan was charged under section 107 that is attempt to murder which is a heinous and non-bailable crime. Only the Sessions judge has the power to grant bail to the accused charged with Section 107 and as such, the Magistrate can not grant bail to Darshan even if his wife makes Volta facie by withdrawing her complaint against him. The Sandalwood leaders when realised this serious issue brought immense pressure on the police to change the Section 107. Everybody knows that film stars command influence at all levels and even the politicians in power also court film stars who command big fan following. 

 The police succumbed to the pressure and filed a memo before the court for replacing Section 107 with 324 which deals with assaults resulting in grievous injuries. This incidence throws much light on the manipulations and machinations of the people who wield power. Will the police oblige ordinary people the same way? While the Magistrate now had the powers to grant bail to the accused charged with Section 324, he however, refused to accept the police theory and rejected Darshan’s bail application stating that it can be granted only by the Sessions Judge. The law of the land prevailed at least to this extent. Of course, this is not the end. 

The producers’ association banned actress Nikita for three years with the reason that she is the root cause for the rift between the Darshan and his wife! This is absolutely ridiculous. Even assuming that Nikita has an affair with Darshan, how does it attract the ban on Nikita? The association would have been appreciated had they banned Darshan who committed a grave crime of domestic violence. But they had no guts because of piles of money invested on his films under making. They therefore backed him in stead. Besides, they also did not hear Nikita’s version and simply gave the dog a bad name and hanged it! There can be no other reasons, let alone valid ones. 

 The sandalwood leaders should be ashamed of their role in the Darshan episode. They forced his wife to withdraw the complaint and make false statements before the court. They forced the police to change the sections to enable Darshan get the bail. And they banned an actress for Darshan’s crime. This simply indicates ‘jungle justice’ in the Sandalwood. Fortunately some leaders have taken exception to these developments and condemned these ‘manipulative’ leaders. This is the only silver lining in the entire episode.

Firoz.T.Totanawala The Bangalore Metro Reporter THE DRAGON ENTERS SC ORDERS CBI PROBE INTO MINING IN KARNATAKA CBI COMES TO KARNATAKA, JOLT FOR BJP

By. Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE DRAGON ENTERS!

 SC ORDERS CBI PROBE INTO MINING IN KARNATAKA CBI COMES TO KARNATAKA, JOLT FOR BJP 

 The Supreme Court acting on the report of the CEC has ordered CBI enquiry into mining scams in Karnataka too, particularly the AMC owned by Janardhana Reddy and his wife Aruna Laxmi. The BJP Government, its former Chief Minister B.S.Yeddyurappa and his successor D.V.Sadananda Gowda continually refused the CBI probe into the mining scam. They have made it a policy matter to not allow CBI probe any scams in the state. And now, as the Supreme Court has ordered CBI probe, the BJP leaders and the Government are in an embarrassing situation and the order has come as a slap on the face of these leaders. 

 B. S. Yeddyurappa, the former Chief Minister used to point blank reject the demand for CBI probe into the mining scam which incurred thousands of crores revenue loss to the Government and irreparable extensive damage to the environment. Yedurappa had time and again proclaimed that he will not order a CBI probe under any circumstances. Even his senior colleagues and few national leaders also openly stated that they do not have faith in CBI. 

 Besides refusing the CBI probing the mining scam, Yedurappa on the contrary gave ‘clean chit’ and character certificate to Reddy Brothers. That too, not once but many a times and termed their business as white as snow! In fact, when the Andhra Pradesh Government ordered a CBI probe into Reddy Brothers’ Obalapuram Mining Corporation (OMC), the Central Government wanted the State also to order the CBI probe as the scam involves both the states. But, Yedurappa point black rejected the offer of the Union Minister for Mines in this regard. 

 While Yedurappa and his Government continued to defend Reddy’s, the Lokayukta probe team was piling damaging documents about their massive manipulation in the mining scam. Even after the Lokayukta submitted the final report giving sordid details of Reddy’s frauds and recommended a CBI probe, the Government stood its ground of not ordering the CBI probe. D. V. Sadananda Gowda who became the CM after the exit of Yedurappa also reiterated the similar stand. 

 As the entire mining operations and frauds were happening in Karnataka, the CBI had to conduct its probe in the State. But the adamant attitude of the State Government headed by Yedurappa blocked the CBI. CBI was helpless as it cannot probe a scam in the State without the permission of State Government. Even the Central Government on its own cannot force a CBI probe in the State, so, the only option left was the Supreme Court order. And here too, the Supreme Court can order a CBI probe in a State only under special circumstances. 

 While the different agencies probing the Mining scam clearly revealed serious violations and manipulations by the Reddy’s, they continually proclaimed their innocence by taking the plea that they do not have any mining in Karnataka. But the ground reality was different. The Reddy’s controlled the entire mining operations in the state. In fact, the Lokayukta Santosh Hegde in his Mining scam report described Bellary as Republic of Bellary, lorded over by the Reddy Brothers. 

 Besides, the mining Mafia also encroached upon Government and forest lands. When the Andhra Pradesh Government ordered a CBI probe in 2009 against the OMC company’s illegal mining etc., the Reddy’s got the stay from the High Court which was finally vacated in December 2010. And the CBI then raided many people and companies in the course of its probe, finally arresting Janardhana Reddy who is in jail since then. 

 The CEC when submitted its final report to the Supreme Court, it explained exhaustive details of the mining scam, encroachment etc. by mining companies, particularly AMC, another firm owned by Janardhana Reddy and his wife. The CEC also recommended CBI probe into the mining scams of AMC in Karnataka. Besides, an NGO also filed a PIL against the Mining scam and made a similar request to the Supreme Court. And the Supreme Court finally directed the CBI to conduct the probe into the Mining activities of AMC in Karnataka. 

 With this order, CBI officially begins its probe and needless to say that many heads are destined to fall in near future. It is not that the CBI has not probed the Mining Mafia, but because its probe was limited to Andhra Pradesh, it could only take action against the Mining companies there. 

 As far as the probe in Karnataka is concerned, the CBI stands in a better position. There is the Lokayukta report prepared by U. V. Singh, Principal Conservator of Forests which provide minute details of mining frauds. Besides, the CBI itself has a lot of details gathered in course of its probe in Andhra Pradesh. As Andhra Pradesh and Karnataka are interlinked in the Mining scam, the CBI will trace the beneficiaries of the Mining scam and book them. 

 Arguably, the BJP Government has received a severe jolt with the Supreme Court ordering CBI probe in the State. One can be sure of many BJP leaders following Janardhana Reddy to jail. The BJP leaders had openly stated that they have taken a policy decision against CBI probe. But, what can be their stand now? They have no option except to cope with the CBI probe as the Supreme Court of India has ordered for it. 

Surely, the BJP Government in the state is between the devil and the deep sea!

Firoz.T.Totanawala The Bangalore Metro Reporter THE HUNTER HUNTED SHIVRAJ PATIL RESIGNS AS LOKAYUKTA OVER SITE ACQUISITION CHARGES

By. Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE HUNTER HUNTED!

 SHIVRAJ PATIL RESIGNS AS LOKAYUKTA OVER SITE ACQUISITION CHARGES 

 Justice Shivaraj Patil, the Lokayukta has resigned on ‘moral’ grounds, following charges of acquisition of big sites. Shivaraj Patil who tried to defend his actions finally had to resign the post and has attributed his decision for the malicious campaign carried against him by vested interests. However, the hard fact is that Shivaraj Patil should have introspected himself before trying to defend his actions. Even assuming that vested interests have carried a malicious propaganda against him, the fact remains that Shivaraj Patil has erred both in the Judicial Layout and Vyalikaval Housing Society issues. 

 After the retirement of Santosh Hedge, Shivraj Patil took over as the Lokayukta of Karnataka and before he could settle down to work, he faced allegations very serious in nature. With the most respected powerful seat of anti corruption on fire, people of the State, who have high regards to the revered post, are all in shock. The allegations were pertaining to Shivraj Patil getting a huge site from the Judicial Employees HCS and also two big sites from Vyalikaval HCS in the name of his wife. Shivraj Patil, finally resigned in mere few weeks on charges of acquisitions of big sites. 

 Initially, Shivraj Patil strongly defended saying there are no illegalities in the issues. In the case of a big site allotted to him by the Judicial Employees HCS, he defended saying that the Supreme Court had cleared the same. And in respect of two big sites acquired from the Vyalikaval Housing Society too, he declared that they are strictly legal. Further to clear the ‘misgivings’ he stated that his wife had surrendered the sites to the society after he became the Lokayukta! 

 But what is the ground reality? 

 With regard to one big site allotted to him by the judicial department employees HCS, Shivraj Patil’s statement/clarifications do not pass the scrutiny of law. Apparently, the Housing Society was formed by the employees of the judicial department in Karnataka and the society had to allot the sites formed in its layouts, only to the employees of the judicial department. Please note that judges can not be treated as employees of the judicial department as judges of the High Court and Supreme Court are constitutional authorities. They therefore simply can not be the members of this society. In such circumstance, Shivraj Patil as a judge, applying or getting a site is highly illegal and immoral. Besides, the Supreme Court had never cleared the allotment of sites to the judges, but only sent back the case to the High Court for adjudication. 

 Shivraj Patil, already owned a house in a posh locality of Vasanthanagar and as such he was barred by law from procuring or applying for a site either in BDA or any Housing Co-operative Society. He however, is eligible to purchase any number of sites or houses from individual sellers if he has money. But not from the Housing Co-op. societies which are meant to provide sites/houses to the members of the society who do not have any sites/houses of their own. And as admitted, Shivraj Patil already had a house and therefore was ineligible for a site from any co-op. society. 

 Further, it was required that Shivraj Patil, before getting a site from the society, submit an affidavit declaring that neither he nor his family owns a site or house in Bangalore. Now, while he was allotted a big site in the judicial employees Housing Society, it simply implies that he should have submitted a false affidavit to the society. Now, please note again that, giving a false affidavit attracts criminal proceedings. 

 On the other hand, if we assume that he did not submit an affidavit affirming that he has no site or house, and still got the site allotted; then, the entire transaction becomes highly illegal act, as the society can not allot a site without the affidavit. This implies that Shivraj Patil being a judge at that time should have abused his position and got a huge site from the society. 

 Next, his procurement of two big plots in Vyalikaval HCS in his wife’s name, beats any known level of logic. He defended stating that his wife was a member of the society and got the site as a right. If this is so, then, why did thousands of other members who had paid their life’s savings from the year 1982 did not get the same favour? And wonder of wonders is that Shivraj Patil’s wife got two sites! And mind it, those the sites are of 9600 sq ft and 4800 sq ft area! Nobody therefore can agree to Shivraj Patil’s defense in this regard! 

 Of course, Shivraj Patil also stated that he surrendered the two sites to the society after he became the Lokayukta. But, does this surrender absolve him off the offence already committed? Arguably, he has not revealed how he surrendered the sites to the society. Whether their cancellation deeds have been registered and whether the society has the powers to agree to surrender of the sites, which were earlier sold to Shivraj Patil’s wife! It is already five years since the sites were sold and its worth is at least 8 crores today. Most importantly, if he has surrendered the sites, it also implies that he should have committed some offence which needed the surrender of sites! 

 If ordinary persons indulge in such misappropriation while getting sites in the Housing Society, the co-operation department officials would pounce on them, cancelling the allotment and disqualifying their membership. If the BDA detects that the allottee of a site already has a site or house, it swings into action to cancel the allotment and forfeit the sital money. It can even initiate criminal proceedings for submitting a false affidavit. But, in the case of Shivraj Patil, there is a dead silence. 

 Whatsoever, Shivaraj Patil has resigned from the Lokayukta post and it is not fair on him to blame the malicious propaganda against him. If not today, he would have had to answer the charges, tomorrow or later. 

 The Lokayukta is a constitutional post meant for fighting graft, misuse and abuse of power. The post expects a person of irrefutable integrity and honesty to head the institution and Shivraj Patil does not fit it in this regard. Moreover, his resignation is publicised as a precedent for others to keep up the ‘high moral standards’. But, the hard fact is that Shivraj Patil’s resignation is a case of ‘virtue of necessity’ rather than an attempt to uphold the ‘high standards’ in public life. 

And that is all.