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Bail for Union Carbide chief challenged

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NK SINGH Bhopal: A local lawyer has moved the court seeking cancellation of the absolute bail granted to Mr. Warren Ander son, chairman of the Union Carbide Corporation, whose Bhopal pesticide plant killed over 2,000 persons last December. Mr. Anderson, who was arrested here in a dramatic manner on December 7 on several charges including the non-bailable Section 304 IPC (culpable homicide not amounting to murder), was released in an even more dramatic manner and later secretly whisked away to Delhi in a state aircraft. The local lawyer, Mr. Quamerud-din Quamer, has contended in his petition to the district and sessions judge of Bhopal, Mr. V. S. Yadav, that the police had neither authority nor jurisdiction to release an accused involved in a heinous crime of mass slaughter. If Mr. Quamer's petition succeeds, it may lead to several complications, including diplomatic problems. The United States Government had not taken kindly to the arrest of the head of one of its most powerful mul...

Men whom spoils of offices cannot buy

NK SINGH


God give us men. A time like this demands
Strong minds, great hearts, true faith, and ready hands;
Men whom the lust of office does not kill;
Men whom the spoils of office cannot buy;
Men who possess opinions and a will;
Men who have honour; men who will not lie;

The poem, by Josiah Gilbert Holland, a 19th century journalist and writer, also seeks men who can stand before demagogues. In January 2017 it appeared as a display picture, popularly known as DP, on the WhatsApp profile of Katni SP Gaurav Tiwari. The young police officer was in news recently because he was transferred after his investigation into Rs 500 crore hawala racket threatened to ensnare high and mighty. As a public servant, bound by conduct rules of service, he cannot speak about his unceremonious transfer, his second in six months. But the poem pretty well sums up not only his feelings but also of those honest officers who fulfil their public duty with integrity.

As the 34-year-old IPS officer has admitted, the mass outpouring of support for him, demanding his reinstatement, is something that he can “forever wear and flaunt as a badge of honour”. Katni is on the boil since January 9, when Tiwari was transferred. The town observed a complete bandh. Shops and establishments closed for two consecutive days. Protestors, wearing black badges, took out rallies and offered dharna not only at the district headquarters but in several parts of the district.

The main square of the town was converted into a protest centre even as administration clamped down upon protestors, declaring it out of bounds. Yet citizens, including a large number of women, continued to defy the ban and court mass arrests. Large groups of people travelled from rural areas to the district headquarters to express their support for the man who had “restored” their faith in police. How popular Tiwari had become during his short stint can be gauged by the fact that among the first to come out in his support were auto rickshaw drivers who had earlier staged protest against him because of a police drive to discipline them.

The protestors allege that Tiwari was shunted from Katni under political pressure to derail the investigation into the hawala scam that was heading towards questioning some bigwigs of the ruling party. BJP has denied the charge. So has the Government. But facts speak otherwise. On January 4, the Special Investigation Team constituted to inquire into the case zeroed upon a businessman whose farmhouse was a centre of BJP leaders’ activities. A day later, the accountant of the firm recorded his confession under Section 164 of CrPC. The same night police intercepted a vehicle full of incriminating documents packed in 27 gunny bags. The accountant’s wife told media persons that their employer was threatening them and flaunting their connections with a minister. (A day later she rescinded her statement.)

Apparently, noose was tightening. Strings were pulled. Next day MP Police Headquarters sent a fax to Katni police, summoning the case diary, a vital piece of evidence. Two days later Tiwari was shunted out. He was replaced by an officer who was part of the chief minister’s detail for a long time.

The case came to light in March 2016. Three BPL card holders had received income tax department notices for payment of tax on nearly Rs 25 crore deposited in their bank accounts. They complained to police that bogus bank account had been opened in their names. The police sat on the complaint. It moved only after Gaurav Tiwari took over as Katni SP on July 5. Within a week, on July 12, police registered an FIR and set up a SIT.

Income tax department got vigorously involved in the case after demonetisation and subsequent drive against black money. Till date it has identified about 150 of the 300 persons who had received large sums of money from about 100 bogus accounts opened in Axis Bank and some other banks. The ramifications were mind-boggling. The racket was spread over a dozen States, including MP, Punjab, Gujarat, Maharashtra and Andhra. Transactions amounting to more than Rs 102 crore were traced in accounts of several shell companies.

The case has apparently reached this stage due to Gaurav Tiwari, who was described by DGP Rishi Kumar Shukla, as the “pride of MP”. IITian Tiwari, who joined the IPS in 2010, has a record of acting against the law-breakers who are close to powers that be. Six months ago he was transferred from Balaghat district after an inquiry into timber smuggling stumbled upon the possible involvement of an IAS officer. He moves on a bicycle, freely distributes his mobile number, asking people to contact him directly if they come across any wrong doing.

MP Government has asked Enforcement Directorate to take over the case. ED can inquire into money laundering. But since there are complaints of fraud, impersonation, cheating and other criminal acts with inter-state ramifications, should not the CBI be asked to take over criminal side of investigation? The minister whose name has surfaced in connection with the case has himself been demanding an impartial probe. Should not he be given a chance to prove his innocence? For what could be more thorough or impartial than a CBI under present circumstances?

Powers That Be, my column in DB Post of 15 Jan 2017

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