Firoz.T.Totanawala The Bangalore Metro Reporter THE POINT OF NO RETURN…. DESPITE OPPOSITION, RECALL OF UPA LOKAYUKTA DIFFICULT

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE POINT OF NO RETURN…. 

DESPITE OPPOSITION, RECALL OF UPA LOKAYUKTA DIFFICULT 

 There is a demand for withdrawal of Justice (Rtd) Chandrashekaraiah's appointment as Upa Lokayukta. The ball was set in motion by the Chief Justice Vikramjit Sen who had taken exception to the appointment of Chandrashekaraiah on the plea that he had not recommended his name. The Governor HR Bharadwaj who cleared the name within minutes and administered the oath within hours, has also changed. Besides, many political leaders are also demanding the recall of Chandrashekaraiah. While the Chief Minister D.V.Sadananda Gowda defends his appointment, the Law Minister Suresh Kumar has stated that he will leave the matter to the legislature to decide. 

 In spite of Justice (Rtd) Chandrashekaraiah's appointment as Upa Lokayukta being controversial, it is difficult for the government to recall or withdraw his appointment. It is not a simple matter. His appointment can be revoked or recalled only by the Assembly through impeachment which is next to impossible, given the present political scenario. The Sadananda government has to defend it, the opposition Congress too will not oppose it because of political compulsion and the JD(S) too will not oppose it because of Chandrashekaraiah's links with HD Devegowda family. 

 What more, Chandrashekaraiah is not keeping quite either. He had made it amply clear that he has come to stay and questioned the detractors to show the reasons for his recall. He clarified that the Lokayukta Act does not give power to the government to withdraw the appointment of Lokayukta and Upa Lokayukta once the oath of office is administered. The only way to remove him, he asserts, is through impeachment by the legislature and he says that he will abide by the decision of the legislature. 

 Well, forget about passing, in fact, moving an impeachment motion itself is a complex issue. First, charges have to be made out and a preliminary enquiry has to be held. The accused has to be given sufficient opportunity to defend. Only after the probe committee comes to the conclusion that there is substance in the charges, the impeachment motion can be moved in the Assembly. Here too, the accused has to be given sufficient opportunity to defend his actions in the Assembly itself. And only after the motion is passed by three fourth majorities, impeachment can be done and the accused will be removed. This is the set rules for the removal of Lokayukta / Upa Lokayukta. 

 On the face of it, he cannot be removed and his judicial orders or adventures during his long years as the judge of the High Court do not matter now. One cannot question such actions after he became the Upa Lokayukta. His tenure as a Judge has ended long back that was in 2004. He was the Chairman of the State Consumer Forum from 2004 to 2009. And here too, his actions cannot be questioned now. As such, there are no grounds, as on now, to remove Chandrashekaraiah through impeachment. In fact, impeachment is the ultimate weapon which has to be used in extreme situations and Chandrashekaraiah's case is no way near to 'extreme' situation. 

 It is another matter that judge M.F.Saldhana has addressed a strong letter to the Government making serious charges against Chandrashekaraiah and demanding his appointment to be revoked. He has cited few cases including the Mysore Resort case to oppose Chandrashekaraiah’s appointment as Upa Lokayukta. And as usual, there is the charge that Chandrashekaraiah too had procured a big site in the judicial employees Housing Society layout, the same issue that saw the resignation of previous Lokayukta Shivaraj Patil. 

 However, in the case of Chandrashekaraiah, it is more a legal issue than moral. If the 'site' issue has to be the deciding factor, then the first Upa Lokayukta Majage too has to resign as he too has procured a site from the Judicial Society. Interestingly, nobody has raised Majage's site issue since the moment he assumed the charge as the Upa Lokayukta. But, definitely Chandrashekaraiah will question the 'silence' of critics over this issue. 

 Besides, Chandrashekaraiah’s appointment is also opposed by few on Caste lines. But, whatsoever, Chandrashekaraiah has already made it clear that he is a hard nut to crack. One can be sure of Chandrashekaraiah not resigning on his own and one does not foresee his removal by the government through impeachment, either. Then, let the Upa Lokayukta come into action and fight the graft now. 

That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE UGLY FACE OF A BEAUTY SALOON BODY N SOUL DOWNS THE SHUTTERS IN JP NAGAR

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE UGLY FACE OF A BEAUTY SALOON! 

BODY N SOUL DOWNS THE SHUTTERS IN JP NAGAR 

 In our past issue, we had exposed about the functioning of BODY AND SOUL agency which offers health and beauty care in various locations of Bangalore. One of the outlets had not refunded the money to a customer who had paid the full amount towards a beauty package in spite of not using its services. The case is however registered in Consumer court. 

Now, it is learnt from the sources that Body N Soul is permanently closing down their outlet of JP Nagar area. There are hundreds of customers who have paid money for various services to the agency but are not refunded. It is also learnt that though illegal, some have lifted the equipments from the outlet and conditioned them to return it on payment of their money. Allegedly, some customers are also diverted to Jayanagar Branch, but there too, the agency has not paid the rent of the premises for many months. Even their Indiranagar outlet is under the same condition. They have already closed down their 2 outlets in Pune recently. Further, they are claiming that their Kormangala Branch is under renovation, but it appears to be eyewash. It is said that, that too is closed down and the same fate will be that of Jayanagar branch in the near future. 

 The staff of Body N Soul also has approached JP Nagar Police Station and complaint of having not received salary for more than two months. The agency has taken loans of more than Rs. 50 lacs for the purchase of equipments from the Madiwala branch of Bank of India and it is said that there are private financiers too who are in line to collect their dues. 

Eventually, the employees working in Body N Soul and the innocent people who paid towards the packages have once again been cheated.

Firoz.T.Totanawala The Bangalore Metro Reporter THE EXPANSION BLUES CABINET EXPANSION A CUMBERSOME TASK FOR CM

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE EXPANSION BLUES!                         

CABINET EXPANSION A CUMBERSOME TASK FOR CM 

 Finally, the Chief Minister D.V.Sadananda Gowda has talked of a cabinet expansion in a few days. It is six months since Sadananda became the CM and he was not able to expand the cabinet for political reasons. Now that the CM is talking of cabinet expansion, there is going to be more trouble for him, mainly from former CM B.S.Yeddyurappa whose attempts at reclaiming the CM post has not borne fruits yet. Yedurappa may demand more berths to his loyalists and anti-Yedurappa lobby will not lag behind with similar demand with elections just about a year ahead, Sadananda or BJP cannot afford any more trouble. But the hard fact is that it cannot wish it away … 

 The Chief Minister D.V.Sadananda Gowda, the other day stated that he is not in a position to do justice to the 16 portfolios he holds and that he will soon expand the cabinet to lessen the burden on him. It is almost certain that Sadananda will expand the cabinet soon as the budget session has to begin in March. Sadananda has to present the budget and the unexpected death of V.S.Acharya who was instrumental in preparing the budgets in the last three years has taken its toll on him. 

The moment Sadananda announced the expansion of the cabinet; aspirants for berth have started their lobby in a big way. They know that it is now or never for them as the state will go to polls next year and there are remote chances of BJP coming back to power. The aspirants are therefore making desperate attempts to get to the cabinet and this is creating serious problems to Sadananda and BJP. 

 Of course, there were only six vacancies for the last six months not filled due to political reasons. In the present cabinet there are equal numbers of pro-Yedurappa and Anti-Yedurappa groups. And the porn gate has created three more vacancies of which the two 'resigned' ministers are Yedurappa loyalists. The death of V.S.Acharya has created one more vacancy taking the number of vacancies to ten. Sadananda has to fill the vacancies and there are more than 30 aspirants. 

 Surely, Yedurappa will demand the lion's share of the vacancies and at the same time the anti-Yedurappa group will also demand more share. Yedurappa, who is making no-holds barred attempts to reclaim the CM post, is waiting for more than six months and the High Command is only promising him a suitable post. 

 In the recent past Yedurappa is getting snubs at the hands of the High Command and leaders especially L.K.Advani who is not prepared to talk to him. Yedurappa knows that his rehabilitation is a remote possibility and must plan a strategy accordingly. 

 By all indications, Yedurappa may demand at least six berths to his loyalists and one can be sure of the party high command rejecting the demand. It can at best offer three berths and this will be enough for Yedurappa to prepare the ground. Then, it will be the real test for Sadananda and BJP. It is another matter that Yedurappa will oppose more berths for his detractors. 

 As on now, the cabinet expansion is a risky one and Sadananda has to take the risk if he wants to provide good administration to the state particularly so when the elections are hardly a year from now. At the same time, Sadananda cannot afford to lose the government while Yedurappa is bent of getting his pound of flesh and in default, would not mind pulling down the government. Sadananda has to tread carefully. 

 Of course, the cabinet expansion instead of solving the problems will confound the same. It all depends on the collective wisdom of the BJP leaders in neutralising Yedurappa factor; otherwise, it is more troubles for Sadananda. 

That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter BBMP BLUNDERS DENIES KHATHA TO OWNERS, MALA FIDE INTENTIONS SUSPECTED

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 BBMP BLUNDERS! 

 DENIES KHATHA TO OWNERS, MALA FIDE INTENTIONS SUSPECTED 

 What one has to do if BBMP refuses or drags registering a khatha for a property? Either bribe the officials or approach the courts. What if both fail to do the needful? The High Court had given a direction to effect the khatha to a big vacant land in Sy.No.61 of Akkithimmanahalli, in accordance with law within two months! The Legal officer opined that khatha can be registered with some riders. But the BBMP officials are inventing one or the other excuses to deny the khatha. Despite having valid documents to prove the ownership, the BBMP is out to deny the khatha claiming that the property in question belongs to BBMP. And the battle continues.... 

Hats off to the BBMP officials who can invent unimaginable objections and queries to prevent a land owner in Akkithimmanahalli to get the khatha registered in BBMP. What was essentially a private property, the BBMP is claiming ownership over the same, just because the Executive Officer had made a temporary entry as ‘BBMP’ in 1975, because during his local enquiry then, nobody came forward to claim the ownership! 

 SAU SAAL PEHLE! 

 The story starts in 1907, when one Krishnamurhty Setlur purchased 10 acres and 20 guntas of land in Akkithimmanahalli from its previous owner Keshava Iyengar. The lands were situated in Sy.No.64 of Akkithimmanahalli, later renumbered as Sy.No.61. Between the years 1965-79, the Survey department took up the survey in Bangalore and the lands were given CTS numbers. Later, the owners sold a major portion of the lands by forming sites. As per the BBMP records, the land was converted into non agricultural before forming the layout. Finally, the owners/successors have retained a big plot of land measuring 19, 900 sq. ft. It is this plot that is creating history in BBMP. The BBMP is claiming that it owns the lands and bases its claim on an entry made in 1975 showing it as BBMP property. 

 It is this entry that is central to the issue. It so happened in 1975 that the City Survey Enquiry officer went for spot inspection of the area and nobody claimed the ownership of the property. But he was appraised that the land belongs to a private person. The EO had reported that there is a vacant land consisting of an open drain in between the Protestant cemetery and private properties. As the private party is not known, the property is kept in the name of Corporation of Bangalore. The open drain happens to be Raja Kaluve. 

 YE MERI JAAGEER HAI! 

 It is on this ‘entry’ the BBMP is claiming the property as its own. In fact, in 1979, the EO of the city Survey No. 3, had held that the land belongs to City Corporation. By then, the owners who learnt the matter rushed to claim their property. They filed a revision petition against the orders of the city Survey EO in 1995 with the Joint Director of Land Records. The JDLR remanded the matter back to the EO detecting him to conduct fresh enquiry. The EO conducted the fresh enquiry and in 2000, held that the property belongs to the owners (Settur and family) and not the BCC. 

 THE TRANSPARENT EO ORDERS! 

 The EO divided the property into five parts and assigned CTS No. 1909/ 1 to 5. Out of this, the EO held that CTS Nos.1909/1 and 1909/3 belongs to City Corporation, 1909/4 and 1909/5 belongs to the owners - Setlur family and CTS No.1909/2 being the Raja Kaluve. The BBMP was not prepared to accept the orders of the EO and preferred an appeal to the JDLR who dismissed the appeal and upheld the orders of the EO. The BBMP then made an appeal in the Karnataka Appellate Tribunal and the KAT also dismissed the appeal and hence, as far as the lands in CTS 1909/4 and 1909/5 are concerned, the Survey department has ruled in favour of Settur and family. The KAT Order was in 2004.

 DRAGGING IS AN ART! 

 The story takes a different turn from here. The BBMP should have filed an appeal in the High Court against the Orders of the KAT, but it chose to remain silent. Once the KAT dismissed the BBMP appeal, Noorjahan and others who have purchased the sites from Setlur and others petitioned the BBMP for registering the khatha. But the BBMP officials dragged the case without taking any action. The applicants made every effect to get the khatha registered by BBMP and the BBMP was equally adamant on not making khatha under any circumstances. 

 LAW OFFICER CONFIRMS! 

 In fact, the Law Officer had also given his opinion that the lands in 1909/4 and 1909/5 belongs to Setlur and family and that the BBMP can register khatha to the site owners by stipulating that in the event of any objections supported by documents by others, the khatha can be revoked! The law officer gave this opinion on 28.11.2007. 

 In spite of this clear legal opinion, the BBMP still dodged the issue. On 17.12.2007, the official concerned recorded that the khatha cannot be issued at this stage as the same has to be done through Akrama-Sakrama Scheme and that there is a civil case pending over the property. The file was again sent to the Joint Commissioner (Welfare) who after realising the dismissal of the civil case among parties, directed to implement the opinion of the law officer to make khatha with some conditions. The DC (Estate) sent the file to the JC (East) for taking necessary action. As such, there was no bar of registration of khatha and the Akrama-Sakrama is irrelevant in this issue. 

 Interestingly, the file was sent back to the DC (Estates) to provide information under RTI to an applicant on 22.2.2008. Then nobody heard about the file till 6.2.2009 when the files were called by the SP of the BBMP Task Force. And now, the matter takes another turn. The Revenue Officer of Shanthinagar sent the file to the Additional Commissioner (East) to verify whether the properties belong to BBMP or belong to private parties through spot inspection as the Raja Kaluve exists in this property. This was only a ploy to drag the file as there was no need for any further verification. 

 The City Survey has clearly demarcated the boundaries and given CTS Nos.1909/4 and 1905/5 and declared that these properties belong to Setlur and family. However, the Additional Commissioner acting on the opinion of the RO, made a startling note to the effect that the legal cell has given conflicting opinion and that the same has to be sent back to the legal cell for clear opinion! 

 Of course, the file moved from one officer to another and finally, on 14.7.2009, the Shirestedar has noted that the khatha can be made with conditions, only after verifications that the applicants are in possession of their sites. And there was more. The ARO, Shanthinagar who earlier put a brake on the file for recommending resurvey and verifying the BBMP ownership over the properties has rejected the proposal of conditional khatha by stating that the khatha cannot be effected by collecting betterment charges as the property does not come under the five conditions for registering khathas. What more, the ARO also recommended to file an appeal with the Director of Land records against the orders of the JDLR dated 3.9.2002. It may be recalled that, the BBMP had gone to KAT in appeal against the same orders in 2004 and the appeal was dismissed as not maintainable. Now, if the BBMP wants to make fresh appeal to the Director of Land Records, then the question is, what was the BBMP doing for all these seven years? 

 ADALAT KA FAISLA! 

 Having exhausted all the avenues for getting the khathas to their names, the applicants were left with no other alternatives except to approach the High Court with a Writ Petition. They filed Writ Petition in the High Court (W.P.Nos.37615 and 37616 of 2009) and on 23.9.2010, the High Court issued a direction to the BBMP to consider the Petition for khatha and do the needful within two months. 

 THE DRAIN TURNS! 

 Aftermath the HC orders, the Revenue Officer invented another excuse that the request cannot be considered as the Raja Kaluve passes through these lands. On the contrary, the owners gave an affidavit to surrender the lands if it is proved that it is a Rajakaluve. The hard fact is that the Raja Kaluve abets the lands and not goes through it. The Enquiry Officer of the Survey has clearly given a different CTS number to the Rajakaluve also. 

 MERI AWAAZ SUNO! 

 The gist and essence of the entire proceedings is to deny registering the khatha to the land owners. It is another matter that the owners have approached every possible forum to get redressed. They have approached the legislative committee on public grievances, Lokayukta, Mayor and other officials. Despite the records favouring them, the BBMP is dragging its feet. One can only assume that the land which is worth crores is being eyed by powerful people with high links. Even the HC order has not come to the rescue of the owners and the High Court itself has not entertained their contempt of court petitions. And even now, the owners are making efforts to get the khatha and the BBMP is equally resigning their moves. 

 CLAIM WITHOUT DOCUMENTS! 

 Interestingly, the BBMP is claiming the ownership over the land without any documents or evidences. When the owners got the survey department to recognise their ownership, the BBMP went in appeal and got the snub. The legal cell had clearly opined that the land in question belongs to the owners and recommended ‘conditional’ khatha. But, the BBMP officials continued to play truant in the matter and prevent registration of khatha to the property by one or the other excuse. Interestingly, each time, the file moves either through a direction from the HC or the other senior officials, the lower rung officials ensure to continue the file from the beginning to delay the process and whenever a new JC or Additional Commissioner changes, the file gets moved afresh with different opinions. 

 THE FINAL ONSLAUGHT! 

 Finally, the BBMP officials who realised that they cannot drag the file for ever issued an endorsement to the parties stating that their request for khatha registration can be considered only after they get the lands converted. In their endorsement dated 5.1.2012, the Joint Commissioner (East) has asked the parties to provide documents to prove their possession and flow of rights, title and ownerships and the relationship between the sellers and the owners. The JC made it clear that as the registration of khathas to revenue properties have been prohibited from 2007, the parties have to get the land converted from proper authority and submit the conversion order to consider their request! 

 This is the height of stupidity and clearly shows the mala fide intention of the official. If the JC had referred to the legal cell’s opinion in 2007, he would have realised that the lands were converted decades back. The contention of the JC that the lands are in possession of the BBMP is only from the records, while the hard fact is that the same has been stuck down by the Survey department through an order. The BBMP has appealed to the JDLR and KAT against this order and the appeals were dismissed. The Legal Cell has dealt in detail with these matters in 2007 itself. And now, the JC wants another legal opinion. Interestingly, the JC (Welfare) had given specific opinion regarding the matter stating that all claims of BBMP over the property have come to naught and there is no way khatha can be denied to the owners. 

 CONVERSION GOOGLY! 

 To top it all, in the endorsement, the JC has asked the parties to get the land conversion for which one should have the ownership and title over the land. In this case, the BBMP is not willing to admit the ownership of Setlur and family who sold the lands to others. Then, how one can expect the parties to get the conversion order from the government? It is just a ploy by the JC to bury the matter deep into the forest. 

 To put it bluntly, the land is a big one considering the location that is abetting Hosur Road and touching upon the Eagle Street. It commands huge premiums and that is why some powerful people have cast their eyes upon this property and made the BBMP, their stooge to prevent the legitimate owners to get the khatha. 

 More interestingly, the BBMP has affected the khathas for big apartments built in CTS No.1909/1. Shockingly, the EO of the Survey department has ordered that the land in 1909/1 belongs to BBMP! This takes as back to BBMP tricks. The BBMP, which owns CTS 1909/1, has registered khathas in private person’s names in the same property. And while 1909/4 & 1909/5 does belong to private owners, the BBMP is not prepared to register khatha for the same. Strange it is! 

Any comments…

Firoz.T.Totanawala The Bangalore Metro Reporter THE REACTION VAJARAHALLA AND KARIOBANAHALLI RECORDS SEIZED

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE REACTION!

 VAJARAHALLA AND KARIOBANAHALLI RECORDS SEIZED 

 After the TBMR exposure on the bogus khatha entries made in Vajarahalli and Kariobanahalli areas by fraudsters, the Chairman of the Standing Committee on Administrative Reforms, has raided the offices and seized records. As the fraud is conspicuous by records, the least the Commissioner could do was to suspend the RO, AROs, RIs, case workers etc. But that is not happening as the Chairman has not given a report to the Commissioner. 

 Now, allegedly, the fraudsters are making efforts to clinch a deal with the chairman of the Standing Committee, to hush up the issue, through a corporator. As per the deal, the ARO, RI and case workers have to pool 5 lakhs each and surrender it to a man who is clinching the deal. It is not a big deal by any standard as the Vajarahalli ‘fraud’ has provided at least rupees 60 lakhs to the fraudsters and the Kariobanahalli fraud has provided, equal if not more ‘revenue’ to the fraudsters. 

 One will have to wait and see whether the Chairman of the Standing Committee oblige the fraudsters or not, with a meager ‘payment’ of few lakhs!

Firoz.T.Totanawala The Bangalore Metro Reporter THE REAL CRUSADER FIGHT AGAINST CORRUPTION: ANNA HAZARE V/S SUBRAMANIAM SWAMY

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE REAL CRUSADER! 

FIGHT AGAINST CORRUPTION: ANNA HAZARE V/S SUBRAMANIAM SWAMY 

 Janata Party leader Subramaniam Swamy has scored a major victory in his fight against corruption. Without resorting to public agitations, threats etc. for a special law to fight corruption, Subramaniam Swamy has shown that the fight against corruption can be fought more effectively through the existing laws of the land. In contrast, Anna Hazare, the so called Gandhian who advocates slapping of corrupt and beating of people who drink alcohol, wants only his version of Jan Lokpal Bill to fight corruption. 

 The Supreme Court, the other day delivered a landmark judgment which will have far reaching effects by upholding the rights of the citizens to prosecute corrupt politicians and bureaucrats. The SC delivered the historic judgment on Subramaniam Swamy’s petition seeking permission to prosecute A.Raja in the 2G Spectrum Scam. It clearly stated that corrupt bureaucrats can be prosecuted without waiting for sanction from the appropriate authority. The SC also directed the Indian government to enact a law that makes it mandatory for the government to decide the permission to prosecute a corrupt public servant by a citizen within months. If the government does not act within three months and at the maximum four months, the SC made it clear that this will be treated as ‘deemed permission’. 

 The SC judgment has provided a new dimension to the fight against corruption. What the Lokpal movement could not achieve despite agitations, fasts, threats, blackmail etc. by Anna Hazare Team, the SC judgment achieved it and went a step further to arm the citizens with a right to prosecute corrupt public servants including politicians and bureaucrats. The time limits of three months set by the SC and the threat of ‘deemed permission’ will automatically make the government sensitive and responsive to people’s complaint against public servants. 

 Swamy has to be congratulated for having persisted with his fight against corruption. In fact, when he petitioned the Prime Minister Manmohan Singh two years back for permission to prosecute the then Telecom Minister A.Raja alleging huge scams, he was not taken seriously. It should be recalled that it was Swamy who exposed the scam in 2-G Spectrum, even before the CAG started looking into the matter. 

 When the PMO did not act on his petition, Swamy approached the High Court to seek Prime Minister’s permission to sanction his petition to prosecute the Telecom Minister. But, the High Court simply dismissed his petition. Swamy however persisted and went to Supreme Court challenging the HC Order. 

 Only when the CAG in its report estimated the loss to the government at 1.76 lakh crores rupees in the 2-G Spectrum allotment business, the politicians took notice. The CBI was awarded the probe and many VIP politicians including the then Telecom Minister Raja and others were jailed. Some people like DMK Boss M.Karunanidhi’s daughter Kanimozhi is on bail after spending a couple of months in jail. 

 Subramaniam Swamy continued his fight and finally, the Supreme Court delivered a historic and landmark judgment allowing Swamy’s plea and directed the government to act upon his petition to prosecute Raja and others in 2-G Spectrum scam giving three months to decide the matter. The SC’s observation that every citizen has a right to fight graft and prosecute public servants and that there is no need for permission to file criminal complaints against public servants, has become the catalyst to fight against corruption. And Swamy has proved that graft can be fought effectively with the existing law. 

 Let us compare Subramaniam Swamy’s fight against corruption with the so called crusade of Anna Hazare’s “India Against Corruption”. Anna who claims himself a Gandhian, encourages physical violence to fight corruption and alcoholism. He feels that the law of the land is not effective to fight corruption and wants the Jan Lokpal Bill as prepared by his followers to be adopted by the parliament and enforced within a stipulated time. Team Anna is intolerant of any opposition or criticism of their Jan Lokpal Bill. 

 On the contrary, the Team Anna which is fighting against corruption has mobilised crores through donations from corporate houses like Reliance etc. which are involved in 2-G Spectrum scam. This makes one wonder whether the Anna Team’s fight against corruption is a sponsored movement by vested interests with ulterior motives. 

 Swamy’s relentless legal fight against corruption has borne fruit which helped the entire society. Swamy, a politician himself has fought corruption legally, and the Anna Team which proclaims that it is non-political, is waging a political battle against Congress, on the pretext of fighting corruption! This itself speaks volumes about the entire episode. 

 Whatsoever, the country should be grateful to Subramaniam Swamy for having succeeded in providing legal sanctity to the fight against corruption. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE TOTAL RECALL SC CANCELS ALL 122 2G SPECTRUM ALLOCATION, BLESSING IN DISGUISE FOR GOVERNMENT

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE TOTAL RECALL!                                                     

SC CANCELS ALL 122 2G SPECTRUM ALLOCATION, BLESSING IN DISGUISE FOR GOVERNMENT 

 The Supreme Court’s judgment in cancelling 122 2G Spectrum Licenses, has dealt a severe blow to the corporate bodies, which have corrupted the system for their profit making. A. Raja, the then Telecom Minister and an accused in the 2G Spectrum Scam, has completed one year in Jail facing trial. The SC judgment has come as a sort of anniversary ‘Jolt’ to him. The SC directive to take a decision on fresh licensing in place of cancellation of the existing licenses will on the contrary fill the coffers of the government. Now that the SC has cancelled 122 Licenses, the Telecom revolution has come a full circle... 

In 2008, the UPA government allotted spectrums to the Telecom companies at throwaway prices. Even companies which had no reputation or experience in Telecom field obtained Licenses and later sold it to other interested players at not less than ten times the License fee. 

 The previous NDA government started the Telecom revolution and at that time itself, there were allegations of thousands of crores from the deal. Then under UPA Government, A. Raja proved that the Telecom services are a multi billion business. The ‘First come First serve’ policy introduced by NDA was continued by A.Raja and many companies to whom Telecom business was Greek and who set up benami companies were favoured with licenses at throw away prices. Allegedly, had the government adopted auction or tender process it would have belted more than two lakh crore rupees! There were some efforts at fixing a reasonable and market driven pricing, but the DMK vetoed the move and A.Raja was asked to continue issuing license to companies at a throwaway price. And these companies in turn sold the same to others at rates ranging from 10 to 15 times the license money. The License money was around 5000 crores and one can imagine the huge profit these companies made by selling off their licenses. 

 The spectrum allocations clearly benefitted the politicians in power and the Telecom companies. During that time, the Janata Party leader Subramanian Swamy exposed the scam and even petitioned the Prime Minister Mahmohan Singh to permit him to prosecute A.Raja for all the omissions and commissions by him in allocation of Spectrum Licenses. But nobody took notice of Swamy’s charges and ignored him. However, Swamy persisted with his crusade and continued to send reminders to the PM. He also approached the High Court for a direction to the PM to consider his petition, but it also refused to allow his petition. Finally, Swamy filed the petition in the Supreme Court which delivered a historic judgment. 

 Before Swamy admitted his petition in the Supreme Court, the CAG dropped a bombshell taking strong exception to the illegalities in the spectrum allocation. The CAG put the loss to the state by this scam at 1.76 lakh crores rupees which shocked the entire nation. The SC ordered the CBI probe which took up the probe seriously. It arrested A.Raja and other big wigs involved including Kanimozhi, the MP daughter of DMK boss Karunanidhi. The CBI also filed charge sheets and the trial is going on. A.Raja has completed one year in jail and among the key players and brokers some have committed suicides, some are murdered and some are absconding. Moreover, the scam also involves foreign companies. 

 The Supreme Court after taking into consideration all the facts stuck down the ‘first come first serve’ policy of the government and in one go, cancelled all the 122 licenses issued by A.Raja. It further directed the government to come out with a system in consultation with the Trail for allocation of new licenses in place of the cancelled ones. The Supreme Court also heavily fined few Telecom companies for having indulged in unfair practices. 

 And the net result of the judgment is that the operators will have to cease their operations in the next three months. The government may or may not allow them to bid for new licenses. Eventually, the mobile charges will become dearer once the new licenses start operation because they have to shell out more for the license fee. 

 Whatsoever, the government is extremely happy with the Supreme Court judgment as it is expected to earn revenue of more than two lakh crore rupees from issuing fresh 2G licenses. As on now, the government’s financial position is precarious and the rupee value has also nosedived. In such a situation, addition of 2 lakh crores rupees is definitely a blessing in disguise to the government. 

That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter ASSEMBLY HALL OF SHAME SEX, LIES, CORRUPTION ROCK BJP, 3 MORE BECOME EX- MINISTERS

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

ASSEMBLY HALL OF SHAME!  

SEX, LIES, CORRUPTION ROCK BJP, 3 MORE BECOME EX- MINISTERS 

 The BJP government in the state seems to have excelled in the art of corruption, casteism and sexcapades. In the last three years, we have seen ministers and even the CM going to Jail. Hartal Halappa was lodged in jail for two months on rape charges. Katta Subramanya Naidu was in jail on corruption charges. Even B.S.Yeddyurappa was in jail for almost a month on corruption and nepotism charges. Janardhana Reddy has already completed six months in jail. And now, three more ministers have lost their ministerships for having ‘viewed’ porn film clipping in the Assembly... 

The other day Ministers Laxman Savadi, C.C.Patil and Krishna Palemar tendered their resignations. Their crime was, viewing porn film in the Assembly when discussions were taking place over the drought situation. They were caught on camera by TV channels crew and within few minutes, people were shocked with the irresponsible behaviour of the ministers. An embarrassed BJP leadership forced the ministers to resign who promptly resigned stating that they have resigned on their own. 

 It was natural that this shameful act in the Assembly would naturally reflect in the ongoing session. The opposition Congress and JDS were rearing to go and the ruling BJP was equally prepared to thwart any discussion on the issue. When the opposition leader Siddaramaiah started his submission for admitting adjournment motion, Minister Suresh Kumar started raising point of order. The motive was clear; the BJP was not prepared to discuss the porn gate issue in the Assembly. 

 Truly, the Speaker should have taken immediate and decisive actions as the behaviour of the three ministers were simply contempt of the House. But nobody in his senses expect anything from the Speaker K.G.Bopaiah who himself has been snubbed by Supreme Court in MLA’s disqualification case. The Supreme Court has passed severe strictures against the Speaker in his now notorious Disqualification of independent MLAs episode; but he is still sticking to the chair. 

Needless to say the BJP leadership rushes to defend its tainted leaders and their undesirable acts. It should be recalled that the BJP leadership strongly defended former CM B.S.Yeddyurappa’s corrupt practices. When he was released from Jail on bail, the event was celebrated as if Yedurappa had achieved a great feat. At one point of time, the cabinet passed a resolution urging the Governor not to give sanction for prosecution of Yedurappa! And when the Governor did grant permission, the BJP held ‘Karnataka Bundh’ to protest against governor’s actions. This is the ultimate defense of BJP leadership towards the acts of corruption among its leaders. 

 This is not the only ‘shameful’ defense of the BJP leadership. There are many other ‘shameless’ acts of its leaders. For example, Hartal Halappa, the Food and Civil Supplies Minister was trapped while trying to ‘rape’ his friend’s wife. None in the BJP leadership condemned his act. Rather when he was sent to judicial custody, the BJP government ensured that he was lodged in VIP ward in Victoria Hospital instead of the jail. From day one to the day of his release on bail, Halappa has spent the period in VIP ward meeting friends, relatives etc. Any political party worth its salt with little moral values would have suspended the likes of Halappa from the party. But Halappa instead has become a prominent face among the BJP leadership. 

 Renukacharya’s extra marital affair with a ‘high class’ Nurse is also well known. Their colourful photos in compromising positions flooded the walls of his Honnali constituency and the nurse had filed a criminal case against him. Renukacharya, a staunch follower of Yedurappa who later led the gang against him, was not even fit for consideration to any office of profit. But Yedurappa to protect his CM gaddi had made him a minister. And it is this Renukacharya who is in the forefront of defending the porn gate stars. 

 What is disgusting is the attitude of the Chief Minister D.V.Sadananda Gowda who considers the porn gate issue as a petty one. The entire government and the leadership of BJP are standing like a rock behind the ‘resigned’ ministers by describing their actions as improper but not undesirable. The BJP Ministers and MLAs have successfully blocked the discussions on the porn gate. It is not new to them. They have done the same thing when the opposition wanted to debate the Mining scam of Reddy Brothers and also on the Lokayukta issue. Sadananda Gowda who earlier tried to run the session smoothly by soliciting the help of opposition is slowly but steadily emulating Yedurappa’s example. The BJP’s legislature party meeting had decided to fully back the porn gate stars and has blocked any discussions over the issue and the houses were adjourned. Needless to say that Speaker had insulated the BJP Ministers and MLAs from any charges. 

 Whatsoever, the BJP government has already outlived its utility long back. Sadananda Gowda, who raised some hopes of good governance, has also sullied his image by his inept handling of the porn gate issue. He has rushed to the rescue of the scamsters who have committed a criminal offence, that too when the Assembly was discussing an important issue. As expected, the Speaker has ordered an enquiry! What is there to enquire now Mr. Speaker? The Ministers were caught on live cameras watching porn films on their mobile. Then what is there to enquire now? 

 The actions and blunders of BJP government and its leadership have shamed the word shame! 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter OUT OF RACE GOVERNOR REJECTS THE FILE, BANNURMATH WITHDRAWS

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

OUT OF RACE!  

GOVERNOR REJECTS THE FILE, BANNURMATH WITHDRAWS 

 With the Governor flatly rejecting Justice Bannurmath’s name for the Lokayukta and Bannurmath himself opting out of the scene, the issue now sports a full stop. The government which stuck to Bannurmath’s name for the last five months will have to choose another person for the post. More than anybody else, it is Chief Minister D.V.Sadananda Gowda who heaves a sigh of the big relief. 

 There was a running feud between the Governor and the government over the appointment of Lokayukta ever since Justice Shivaraj Patil resigned over site controversy. In fact, Lokayukta post has assumed great importance as Yedurappa and few other BJP leaders are facing charges and the Lokayukta has to probe them. There are many sensitive issues to be dealt by the Lokayukta which can make or mar the fortunes of Yedurappa, his family and other leaders. 

 It is because of these factors, the choice of Lokayukta is very important. It is alleged that Yedurappa suggested Bannurmath, the former CJ of Kerala High Court and Sadananda Gowda sent the name of Bannurmath to the Governor for issuing necessary appointment orders. However, Bannurmath’s name also appears in the ineligible beneficiary list of site recipients meant for judicial employees. 

 The moment Bannurmath’s name was proposed as the Lokayukta, the controversy surfaced again. The Governor was quick to act and withheld the clearance of Bannurmath’s name for the Lokayukta post. His argument was that the Lokayukta post is a very sensitive and important one that needs men of impeccable quality and standard. Further, since Bannurmath is also involved in similar ‘site’ controversy, there is a possibility that he too resigns after the appointment once the issue becomes too hot. 

 But the government stood committed on Bannurmath’s name. Sadananda Gowda refused to suggest any other name and made it clear that the government’s one and only choice is Bannurmath. Even BJP leaders including state BJP President K.S.Eswarappa, Law Minister Suresh Kumar etc. made it clear that it is better for the governor to sign the order appointing Bannurmath instead of creating problems. In fact, the state BJP leadership had even decided to take out a delegation to the President demanding recall of the Governor for having refused to appoint Bannurmath as the Lokayukta. 

 As such the Bannurmath issue had become a feud between Governor and the BJP. For ordinary people, it was clear that Bannurmath’s choice is not only that of Yedurappa but also of BJP. It had taken a political colour. Still, Sadananda Gowda stood his ground and made many attempts to convince the governor for appointing Bannurmath. For full five months, there is no Lokayukta in the state. In fact, the Governor has advised Sadananda Gowda to suggest any other name whose integrity is intact and that he will clear the name within minutes. 

 Of course, while all these statements, counter statements were being made, Bannurmath remained aloof. Few prominent writers and intellectuals also made a public appeal to Bannurmath to reject the post to enhance his standing in public esteem. Rightly or wrongly, an impression was created among the people that Bannurmath was the personal choice of Yedurappa who want him to be the Lokayukta to white wash his various sins. Still, Bannurmath never said ‘no’ to the Lokayukta post and his silence damaged his image. 

 Then, the other day, the Governor officially rejected the name of Bannurmath to the Lokayukta post and officially asked Sadananda Gowda to suggest other names to the post. It is said that the governor’s rejection came after the refusal of Chief Justice to pursue the name of Bannurmath to the Lokayukta post aftermath the controversies about his candidature. 

 Once the Governor has officially rejected the government’s proposal to appoint Bannurmath as the Lokayukta, the government has to act. It has to send the name of Bannurmath again to the Governor for clearance. But, the governor in unequivocal terms has declared that he will not clear Bannurmath’s name under any circumstance. Thus, there stands minimal chance of Bannurmath’s appointment. 

 Then, Bannurmath, within minutes of Governor rejecting his name, wrote a letter to the Chief Minister withdrawing his name from the Lokayukta race. He held a press conference to explain the reasons for withdrawal but there were no takers for his version. Bannurmath had tried to explain his closeness to Yedurappa by saving that he is not his relative and the only common thing between them is that they both belong to the same caste! 

 Whatsoever, now there is a clear ‘full stop’ to the Bannurmath issue and the government should not waste any more time in appointing a new Lokayukta. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE RICH BANKRUPT BBMP - HOW TO MOBILISE 10,000 CRORES FROM BOGUS KHATHAS

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE RICH BANKRUPT BBMP - HOW TO MOBILISE 10,000 CRORES FROM BOGUS KHATHAS 

 The BBMP is collapsing on its own weight of scams and frauds. As on today, it does not have the resources to pay the salaries of its employees. The tax collections from various sources are abysmally low and it is looking for the bail out from the government. Had not the government released 250 crores few days back, the Banks would have freezed BBMP accounts. Such is the pathetic financial position. 

 Instead of attacking the issue at the basics, the BBMP officials are burning midnight oil to find ways and means to mobilise funds to run the show. Already, the officials have stopped all civil works. According to sources, there will not be any fresh works or projects and even the works cleared last year which are yet to start have been put on hold. And nobody has given any thought to go to the basics and one can be sure of BBMP raking in thousands of crores if they addressed the issue in all sincerity and honesty. 

 Let us start from 2007 when the seven CMCs one TMC and 110 villages were merged with BMP to form BBMP. The BBMP should give special attention to the records of CMCs and villages and can find the following huge revenue losses because of the facts mentioned below. 

 (a) Most of the CMCs have fabricated khathas to thousands of revenue properties before they were merged with BBMP. 

 (b) Similarly, most of the village records were tempered by creating khathas to thousands of revenue sites and properties. 

 (c) Even to this day, these revenue records which are under the possession of the BBMP zonal offices are being tampered to provide BBMP khathas to hundreds of revenue properties. 

 EXAMPLE

 The Bommanahalli CMC records can be verified to discover the huge manipulation. It is alleged that the officials in the Bommanahalli CMC have created thousands of khathas to revenue sites and houses by showing the payment of betterment charges. Here, they used fictitious receipts to make entries in property Registers. In fact, the audit enquiry has found ‘missing’ of an entire official receipt book used for collection of betterment charges. The audit enquiry has laid bare all the omissions and commissions. 

 When it became known that the CMC will be merged with BBMP, the officials few days before handing over the records worked day and night to fabricate the property registers by including hundreds of revenue properties. It is not that this fraud was committed in the Bommanahalli CMC alone, but, it is the same story with seven CMC and TMC merged with BBMP. 

 Before the merger of the CMCs, the officials in these CMCs have made crores and crores. As the records were dumped in the BBMP possession, there was no way the inventory of the records could be done. Whatever entries were there in these records, were blindly taken into account by the BBMP officials without questioning. Moreover, as the CMC officials were shifted to BBMP, there was no way of detecting the fraud. In one shot, the BBMP had lost thousand of crores from the CMC ‘fabrication’ business. 

 Even now, it is not too late. The BBMP should take a thorough inventory of property registers of erstwhile CMCs. If the records are verified with the records in the files, the cat will be out of the bag. Thousands of khathas that were made in CMC for revenue properties on the basis of the ‘receipt’ of betterment charges without any other documents will surface. 

 THE MODUS OPERANDI 

 The modus operandi at that time was very simple. Contact the Bill collector or Revenue Inspector with the sale deed of a revenue site and pay Rs. 50,000 to one lakh depending on the size. And a couple of days later, the property would get registered in the khatha register. How was it done? It is too simple. Enter the number of the receipt for having paid the betterment charges and the name will be entered in the register in the ‘blank’ space left by the officials for this specific purpose. The payment of betterment is shown as paid in earlier months. As the entries and the receipt numbers were fake, there was no way ascertaining the payment of betterment charges. Once the khatha entry is made, the party can get the ‘extract’ of the khatha. The same khatha got transferred to BBMP records. It was as easy as that. 

 THE SIMPLE SOLUTION 

 If the BBMP form a ‘Special Audit Party’ of honest officials led by a dedicated senior official, it can unearth thousands of such bogus khathas. The Audit team need not have to do much investigation. It can take out the official remittances of betterment charges from the treasury between 2004 to the end of 2006. It can compare the receipt numbers along with amount paid as betterment charges as shown in the property register! In one go it can detect non-existing receipt numbers and bogus payment. The team can also scrutinise the files in this record. If this exercise is undertaken, the BBMP can detect ‘fraud’ in thousands of crores. If the parties are served with notices threatening criminal action, the result will be mind boggling. The BBMP can collect betterment charges with a penalty of double or more and one can imagine the revenue generated. 

 The same is the case with village records in 110 villages which were brought under BBMP. It is no secret that Village Accountants have made thousands of khathas to revenue properties for many years, showing them as Gramathana properties. And when it became known that these villages were going to come under BBMP, the Village Accountants intensified their fabrication of village property registers. 

Hundreds of revenue sites were brought in the property register and the same was handed over to the BBMP which is bound to accept the entries in property register as genuine. Even government lands were given bogus khatha entries in the village register. 

 EXAMPLE 

 To cite one example, the Ullala village near Kengeri had only about 150 entries in the village property list when the same was brought under BBMP. And within a few months, the register sported more than 400 entries! It is alleged that these entries are made by the BBMP Tax Inspector and RI with the convenience of the ARO. 

 THE MODUS OPERANDI 

The modus operandi is very simple. As the village property registers were taken over by BBMP officials without the certification by the Revenue authorities, they keep the custody of the same. As the Register contains many more blank pages, it was easy for the fraudsters to insert bogus entries in the register and based on this bogus entry, the same will be carried to BBMP registers also. Once the entry is made in the register, the parties can get ‘khata extract’. 

 In Herohalli Panchayat, the property register contained only about 200 khathas. But now the register has more than 1000 khathas. In some cases like KR Pura, Mahadevapura, Byatarayanapura, the BBMP officials use the services of the Village Accountants to make the entries in village records so as to show some authenticity. In the 110 villages merged with BBMP in 2007, one can find more than 10 thousand bogus entries. Even today, such fabrications are being done with impunity. Very recently, the RI and TI along with a case worker, have started giving ‘bogus’ khathas to hundreds of revenue sites in Vajarahalli Hemmigepura ward, which is the biggest ward (Ward No.198) in BBMP. 

 In the above cases of CMCs and 110 villages, there are more than two lakh bogus khathas. If the BBMP makes efforts to detect the frauds by forming a special squad, and enforce its powers to collect the betterment charges and ‘compounding penalty of one or two times the betterment charge from those who obtained ‘bogus’ khathas, it can make up more than 10,000 crores in one go! But the question is - Who will bell the cat?

Firoz.T.Totanawala The Bangalore Metro Reporter IN THE NAME OF HOMELSS ASHRAYA SITE SCAM, BACK WITH A BANG…

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

IN THE NAME OF HOMELSS ASHRAYA SITE SCAM, BACK WITH A BANG… 

 Two decades back, the Ashraya Scam had hit the stands. Ashraya scheme, a pet project of the then CM S.Bangarappa to provide sites and houses to the poor, both in urban and rural areas, became a golden hen to many politicians in power. Now, Bangalore is witnessing another Ashraya Scam which is qualitatively and quantitatively worse than the previous Ashraya scam. Many big wigs, officials, real estate people etc. are involved in it. Today, one can get the Ashraya sites by paying 3 to 4 lakh to the racketeers. The Executive Officers of the Taluk Panchayats are also making a fortune in the scam...

 Taluk Panchayats in Bangalore Urban District are granting the Hakku Patras to the beneficiaries of the Ashraya scheme. The Executive Officers of the Taluk Panchayats are issuing the sale deeds to the allottees and are to be registered at the Sub Registrar Offices. Earlier, Tahsildars had to issue sale deeds to the Ashraya Site distributed to the allottees, but now, it is the Taluk Panchayath Executive Officers who are issuing the Hakku Patras to the allottees. 

 A big fraud in Ashraya sites is going on since three years after the MLAs started interfering in the matter. As the Ashraya layout formed have many sites not allotted to anybody, the racketeers first targeted these ‘unallotted’ sites. When these layouts were formed in 1991, there was not much demand as the areas are far from city. In fact, during those days, Ashraya sites allotments were sold between Rs. 25000 to one lakh depending on the location. Now that all these areas have come under Bangalore and command a very good price, there is vast scope for fraud. 

 Three years back, the sites commanded a premium of Rs. 2 to 3 lakhs. Once the payment was made, the revenue officials who were involved used to create records to show that the Ashraya site was allotted in 1991 itself and after the completion of the 25 years of lock-in the sale deeds were given in favour of the purchaser. 

 Now, the Ashraya Scam is back with a bang. Now it is going on at a high speed, thanks to the machinery of the racketeers who have derived ingenious means to make a fortune. Here again, the role of officials in the Taluk Panchayat is conspicuous. The racketeers zero in on a layout and start building records to sell them to innocent people. As they have the backing of few TP officials, they have perfected the art of preparing the Hakku-Patra (Sale Deed) to pass it off as original. Later, they generate a covering letter from the EO to the Sub Registrar for registration of the deeds. As the EO is exempted from personal appearance for registration, the allottee along with two witnesses can very well go to the SR office and register the same. 

 The racketeers also have one or two registration agents among them who will get the registration done without attracting any suspicion by the SR. As the Ashraya sites are given exemption in Stamp Duty and Registration Fee, the SRs do not take much interest in it. If the parties come all alone, the SR could enquire about the site etc. and a mere suspicion on the part of the SR would have spoiled the party of the racketeers. That is why they always engage ‘leading’ agents in SR offices to do the work with much care. 

 Once the sale deed is registered, the racketeers get the khatha done in the TP office with the help of willing officials. The purchasers, the racketeers and the officials will all be happy. When this being the case, no one can expect the fraud to come into open? 

 Even assuming that an original allottee questions the sale deed to other, he will be given the ‘set reply’ that as he had not built the house which is one of the conditions, his site allottment was cancelled. In case the party persists and threatens to approach the higher ups, he will be promised another site in due course and there are not even one in hundred of such cases. There is muscle power also to browbeat anybody who crosses their path. 

 No doubt, the EOs know this racket very well, but have turned the other way allegedly due to the monetary compensation from the racketeers. Even if their signature is forged by the racketeers they keep quite. That will provide a golden opportunity to them to escape the long arms of law on the plea that their signatures were forged! And the minimum prevailing price for getting an Ashraya site is Rs. 3 lakhs to 5 lakhs depending on the location of the site. 

Any comment!

Firoz.T.Totanawala The Bangalore Metro Reporter THE CONTROVERSIAL APPOINTMENT GOVERNOR'S DOUBLE STANDARDS IN APPOINTMENT

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE CONTROVERSIAL APPOINTMENT GOVERNOR'S DOUBLE STANDARDS IN APPOINTMENT 

 The Governor HR Bharadwaj had sprung a surprise by appointing Justice Chandrashekaraiah as the second Upa Lokayukta. He also administered the oath within hours of his appointment. It is to be recalled that Chandrashekaraiah had also procured a big site in Judicial Department Employees Housing Society, though ineligible. All these months, the Governor refused to clear the appointment of former Chief Justice of Kerala High Court Bannurmath as the Lokayukta, precisely on this ‘site’ issue, despite the government’s insistence on Bannurmath’s name. One wonders how the Governor cleared the name of Chandrashekaraiah who is also accused of the same charge as that of Bannurmath? 

 After the resignation of Shivraj Patil as the Lokayukta over the Site controversy, the government proposed the name of former Chief Justice of Kerala High Court Bannurmath to the post. But, Bannurmath too was embroiled in the same ‘Judicial’ site controversy. He was charged with procuring a big site from the Judicial Department Employees HCS. Further, the site that was allotted to him was reserved for civic Amenities and Bannurmath had built a mansion on this big plot. 

 As soon as the controversy broke out, the Governor refused to clear Bannurmath’s name on the pretext that his continuation may also be affected due to the site scam. There were however, other reasons too for the governor to refuse the name of Bannurmath. It is alleged that Bannurmath is the personal choice of former Chief Minister Yeddyurappa who wants an ‘accommodative’ Lokayukta who can relieve him from the Lokayukta cases he is facing. 

 But the Governor refused to clear Bannurmath’s name and the Government too stood adamant on Bannurmath’s choice. The tussle between the Government and the Governor resulted in the Lokayukta institution being headless for the last five months. 

 And now, people are surprised with the sudden appointment of Former Judge of the High Court Chandrashekaraiah as the second Upa Lokayukta. It is said that the Government sent the name of Chandrashekaraiah to the Governor for appointment as the second Upa Lokayukta and the Governor cleared the name immediately. Interestingly, he was also administered the oath of office by the Governor within hours of his appointment. 

 Of course, Chandrashekaraiah’s appointment has surprised people as he too is involved in the Judicial Layout controversy. He has also obtained a big site from the society while he was functioning as judge of the High Court. One wonders how the governor signed the appointment without going into the ‘site’ controversy of Chandrashekaraiah. The same Governor has refused to clear the name of Bannurmath to the Lokayukta post on the same ‘site’ issue. When this is the hard reality, one expects the Governor to have thoroughly vetted the proposal of the government to appoint Chandrashekaraiah to the Upa Lokayukta post. 

 Chandrashekaraiah was the judge of the High Court from 1995 to 2004. He was made the President of the State Consumer Forum in 2004 by the then Dharam Singh led Congress – JD(S) government and worked in the post till 2009. 

 With regard to the appointment of Upa Lokayukta, it is the Governor who has to answer the double standards he has followed in the case of Bannurmath and Chandrashekaraiah. While he refused to clear Bannurmath’s name on the pretext of site issue, he has not cared to follow the same rule in case of Chandrashekaraiah. And now the Governor who held an impromptu press conference after swearing, Chandrashekaraiah, stated that there are other valid reasons for him, apart from the ‘site’ issue, to reject Bannurmath’s name. But he has refused to make public the “other reasons”! The public have every right to know the other reasons of the Governor for his actions. It is required that the Governor reveals the other reasons or else one can come to their own conclusions about the Governor’s double standards. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter SC QUASHES DISQUALIFICATION SUPREME COURTS SEVERE INDICTMENT, SPEAKERS ACTION MALAFIDE

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

SC QUASHES DISQUALIFICATION!  

SUPREME COURTS SEVERE INDICTMENT, SPEAKERS ACTION MALAFIDE 

 The Supreme Court has delivered the final Judgement in the ‘MLAs Disqualification’ case. While quashing the orders of Speaker KG Bopaiah to disqualify five Independent and eleven BJP MLAs hours before the confidence vote, the SC had termed the action of the Speaker as Malafide! It is no secret that Bopaiah has acted more as a loyal servant of then Chief Minister Yeddyurappa than as a Speaker. The SC order has come as a major relief to the people who regard the parliamentary democracy as the only way. It is time Bopaiah who has been severely indicted by the SC, resign... 

People were shocked and surprised when the Speaker K G Bopaiah disqualified 16 MLAs - five independent and eleven rebel BJP MLAs in the early hours of October 10th, 2010. Being a Speaker, he should be impartial and in fact, has to resign his party membership once he gets elected as the Speaker! 

 But Bopaiah continued as a loyal party worker and rushed to the rescue of Yedurappa whose leadership was challenged by 20 MLAs of his own party including five independents who submitted a memorandum to the Governor withdrawing support to Yedurappa. The moment 20 MLAs withdrew the support, Yedurappa had lost the majority. In a house of 224, Yedurappa’s strength came down to 105. The Governor directed Yedurappa to prove his majority in the house on 10th October. There was no way Yedurappa could get majority and the only option was to reduce the strength of the house itself. The Speaker Bopaiah’s services were freely used and he was petitioned to disqualify 16 MLAs of which five were independent and the rest were ‘rebel’ BJP MLAs. Eventually, Bopaiah issued notices to the 16 MLAs and asked them to submit their reply within three days. Even though the Anti-defection law provides a clear seven days notice which can be extendable, Bopaiah gave only three days time to the MLAs. 

 Despite the short time, the MLAs submitted their interim reply and sought time to submit the detailed reply. The deadline expired on 9.10.2010 and Bopaiah simply signed the order disqualifying all the 16 MLAs. Curiously, the order was issued around 5 AM on 10th October, the day fixed by the Governor for Yedurappa to prove his majority. 

 The disqualification order was pasted on the gates of the Vidhana Soudha and the police were in full force to prevent the disqualified MLAs entering the Assembly Hall. Amidst the commotion inside the hall, the Speaker asked Yedurappa to move the confidence motion. Within minutes, the Speaker announced Yedurappa having won the confidence vote! With the disqualification of 16 MLAs the strength of the house had come down from 224 to 208 and Bopaiah announced Yedurappa having the support of 105 MLAs! 

 The ‘disqualified’ MLAs challenged their disqualification in the High Court. The Division Bench gave a split verdict and the Chief Justice upheld the order of the Speaker. Later, the matter was referred to another judge who also upheld the disqualification. This was further challenged in the Supreme Court by the disqualified MLAs. 

 The Supreme Court too witnessed heated arguments by the country’s top lawyers in the matter. After a long drawn arguments etc., the Supreme Court struck down the disqualification. The other day, the SC delivered a final judgement over the issue. It snubbed KG Bopaiah and described his ‘disqualification’ orders as a malafide one to allow Yedurappa to hold on to the CM post. In fact, the SC was harsh on Bopaiah’s disqualification of five independent MLAs who cannot be disqualified as they had neither joined nor deserted any political party. The SC quashed the High Court Order upholding the decision of the Speaker. 

 On the face of it, as the disqualification is now quashed, it simply means that the 16 disqualified MLA’s had their voting rights during the Confidence vote on 10th October, 2010. This further means that they were against Yedurappa and therefore it can rightfully be assumed that Yedurappa would have lost the majority and should have been ousted on 10th October, 2010 itself. However, he continued as CM and that is a mockery of democracy. 

 What one can say about Bopaiah who mortgaged the prestige, dignity and independence of the Speaker’s post to save Yedurappa? The SC had termed Bopaiah’s action as malafide. And it is time that Bopaiah whose actions are criticised in strong words by the SC, resign immediately at least to protect the dignity of the Speaker’s chair. 

That is all.