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indian corruption: axe on lalu prasad: will system change?


 


Indian Corruption: Axe on Lalu Prasad: Will system change?

-BY DR. ABDUL RUFF COLACHAL [Educationist, Specialist on State Terrorism; Chronicler of Foreign occupations & Freedom movements (Palestine, Kashmir, Iraq, Afghanistan, Pakistan, Xinjiang, Chechnya, etc.) Chancellor-Founder of Centor for International Affairs(CIA);  Commentator  on world affairs & sport fixings, Expert on Mideast Affairs,Former university Teacher;  Editor:INTERNATIONAL OPINION; Editor: FOREIGN POLICY ISSUES;  Palestine Times: RANDOM THOUGHTS; Author of many books;(http://abdulrubb.wordpress.com) website: http://abdulruff.wordpress.com/ mail: abdulruff_jnu@yahoo.com]

_____________________

 

 

Indian Corruption: Axe on Lalu Prasad: Will system change?

Indian system provides the powerful persons and multinational groups with sumptuous opportunities to loot nation’s resources without caring for legal or moral aspects and most politicians, among others, make fullest use of the faulty systemic arrangement for the promotion of rampant corruption and they thrive – rather  shine too much at the cost of the rest of the populations.

The regime graciously promotes corruption, shielding the corrupt criminals as its duty. . .

Since escape routes provided and available are so convenient, the greedy people continue their onslaught on nation’s resources. A few routine court cases against them do not end dangerously grown up rampant corruption eating away the people’s resources all by themselves, there is a strong belief that everything is perfectly alright for India where rich and powerful ones take away everything and nothing will change in the country.

There is no party which stands for  corruption free  society- not even the so-called patriotic  minded Hindutva political outfits deeply engaged in corrupt practices, including illegal mine looting.

Courts in India are flooded with corruption-criminal cases and every powerful person involved only tries to use their prowess to  avoid punishment and stay in  political power by manipulating  evidences because courts  go by evidence- sadly more than the truth..

And finally, a special CBI court in Ranchi has convicted, , along with 44 others, RJD chief Lalu Prasad Yadav MP, former chief minister of Bihar, where the Buddha lived, in the Rs. 37.70 crore fodder scam case. Lalu has also been disqualified as MP, a Lok Sabha member. The quantum of punishment to Lalu, and the other 44 convicts, will be decided on October 3. Lalu is likely to face three to seven years in jail. Judgement on the other five cases is awaited. Around 54 of the 61 cases were transferred to Jharkhand, after it was created as a separate state from Bihar in November 2000. 

The court has found Lalu Yadav guilty in just one of the 6 cases against him – that of criminal conspiracy, corruption and cheating. Judge P.K. Singh had fixed July 15 as the date of verdict, and asked the remaining 45 accused to be present in the court.  

Socialist Lalu Prasad has been taken into custody and is now in Ranchi jail. Lalu had been in jail before and during the unpopular Emergency era saw him in jail too.


Lalu was instrumental in promoting and extending service to scam kingpins and AHD officials, Late Dr Ram Raj Ram and Late Dr SB Sinha. Lalu and former MLA and chairman of the public accounts committee (PAC) Jagdish Sharma with a view to protecting and patronizing the scamsters worked in tandem to get enquirers scuttled and stalled whenever such issues were raised. Huge withdrawal was made in 1994-95. Against the budgetary allocation of Rs. 74 crore for AHD, about Rs. 245 crore was withdrawn.

Persons who were accused in original FIR were made witnesses after filing of chargesheet. Supplier Deepesh Chandak who lapped about Rs. 300 crore out of the total Rs. 550 crore scam money, was made prime witness by CBI. CBI made the wrongdoers the approvers (witnesses), while making whistleblower (Lalu) accused.

Lalu has close associations with accused suppliers DN Kashyap, among others. Being the CM, Lalu never initiated any action to find out the cause of such alarming excess withdrawals from AHD and thus actively connived with -- finance minister, Chandra Prasad Verma; Vidya Sagar Nishad, Late Bhola Ram Toofani, cabinet ministers of AHD; Beck Julius, Mahesh Prasad, K Arumugam, Phool Chand Singh, AHD Secretaries -- to facilitate the fraud.  20% of the billed amount goes to suppliers and 80% goes to AHD officials, government officials, ministers, CM and other politicians.


Lalu Prasad quit the chief minister's post in 1997 when his name figured in the CBI investigations in the scam, which surfaced in 1996. After handing over state power to his house wife, Lalu Prasad moved the Jharkhand High Court and later the Supreme Court, seeking change of the judge in the case. Both the courts dismissed his petition, and directed him to complete argument in the case before the CBI court. 

 

The multi-million animal husbandry department scam, popularly known as the fodder scam, accuses Lalu Prasad and Jagannath Mishra, both former chief ministers of Bihar, ministers from the department, two IAS officials and others, of fraudulent withdrawal of Rs.37.70 crore from Chaibasa district treasury of Jharkhand. Special CBI Judge P.K. Singh will pronounce the judgment in the case No. RC 20 A/96. Lalu Prasad's lawyer completed arguments in the case Sep 17.

There were a total of 56 accused in the case. But during the trial, seven accused died, two turned approver, one admitted to the crime and one was discharged. Around 54 of the 61 cases were transferred to Jharkhand, after it was created as a separate state from Bihar in November 2000. Different CBI courts have passed judgments in more than 43 cases. Lalu Prasad and Jagannath Mishra are accused in five cases.

 

 

Judgment 

A judgment has been delivered after a long time. There were a total of 56 accused in the case. But during the trial, seven accused died, two turned approver, one admitted to the crime and one was discharged.

The "Kumbakonam" verdict is crucial for Lalu Prasad and his future as a political leader since the central government ordinance that would have shielded tainted and convicted parliamentarians and legislators from disqualification has been put under scanner and is likely to be withdrawn.

Maybe, it is  a good beginning for the nation where greedy politicians and others use religion and castes to loot nation’s resources according to some hidden formula.

. The verdict is crucial for Lalu Prasad and his future as a political leader since the central government ordinance that would have shielded tainted and convicted parliamentarians and legislators from disqualification has been put under scanner and is likely to be withdrawn. 


Lalu's contentions as usual are interesting enough. He charged others with vengeance. He said he has been targeted. “None of the prosecution witnesses (350) ever mentioned my involvement in their testimony."

Having been convicted, Lalu Prasad has lost power for life and disqualified as MP.

The issue here is obvious: will India, Indian politics  be corruption free in future?

 

 

 


 
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Practicing Advocate since 1986

Conviction of  Shri. Lalu Prasad, or Mr. Rasheed Masood M.P. Rajya Sabha  does not deter corruption in India. I do not want to go into Fodder Scam which was started in the year 1977-78 and as per Shri. Lalu Prasad  proved that when he was the Chief Minister of Bihar ordered for investigation of Fodder Scam, but he himself fell as victim. There is Prevention of Corruption Act, 1988 Premier  Investigating Agency Central Bureau of Investigation to with regard to Central Government Employees has power to take cognizance of offence under the Prevention of Corruption Act, 1988 but  C.B.I. directly  had not taken cognizance of offence against Central Government Employees, majority cases basing on complaint only C.B.I. acted. There are two types of offences under Prevention of Corruption Act, 1988 one is Trap case, when Government Employee demand  Bribe money for doing official favour the person whom he demanded money will go to C.B.I. and makes complaint. Second one is Disproportionate Assets case C.B.I. has power to take cognizance offence without there being complaint basing on information received. In case of State Government Employees Anti Corruption Bureau has power under the Prevention of Corruption Act, 1988.  There must be strong will  of Executive, Legislature, Judiciary,  Bureaucracy to  Prevent  corruption from all Institutions and C.B.I. & A.C.B. must be given free hand to catch corrupt officials, Politicians etc., then Corruption will be curtained. Important Legislation that has been pending for enactment is Lokpal, Lokayuktha must be enacted by the Parliament of India so that Corruption of High Offices will be curtailed. I suggested earlier writings that the Parliament of  India is constitutional power to enact Lokpal and Lokyukatha.  The Prliament enact Lokyuktha there will be uniform Legislation all States so that controversy con be avoided. The  Present Gujarath State Government amendment of Gujarath Lokyuktha Act, power to appoint Lokyuktha etc., has been Politicized and lead to murky state of  controversy arose. Conviction of two three Politicians under Prevention of corruption Act,  will not automatically  corruption will b e arrested. FOUR  PILLARS OF INDIAN CONSTITUTION THAT IS EXECUTIVE, LEGISLATURE, JUDICIARY, BUREAUCRACY  MUST HAVE WILL TO PREVENT CORRUPTION IN INDIA. 

 
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