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| Justice TL Venkatarama Iyer |
NK SINGH
If it helps Bihar regain its soul to any extent it shall have served its purpose.” Justice TL Venkatarama Aiyer concludes thus his much-awaited report of the Commission of Enquiry against six former Congress ministers, confirming the worst suspicion of the public.
The Commission has questioned the integrity of all and his actually sustained a charge of bribe-taking against one, Mahesh Sinha, who has received the severest condemnation.
The Commission was appointed by the former United Front ministry, headed by Mahamaya Sinha on October 10, 1967 to inquire into charges of corruption, favouritism and abuse of power by Messrs KB Sahay, Mahesh Sinha, Satyendra Narayan Sinha, Ambika Sharan Singh, Raghavendra Narayan Singh and RLS Yadav.
Yadav is the general secretary of Bihar Congress. All others are in Congress(O).
Justice Aiyer, a retired judge of the Supreme Court, constituted the one-man Commission. The hearing began on August 7, 1969 and concluded on August 7, 1969. On February 5, 1970 Aiyar submitted his 1,332-page report to the Governor.
KB Sahay
Former chief minister KB Sahay has been found guilty of enriching his sons and relatives at the cost of state exchequer. His assets have also been found disproportionate to his income.
Mahesh Sinha
Former minister and now vice president of Congress (O), Mahesh Sinha, 70, has received the severest condemnation for accepting bribes totalling ₹ 1.75 lakh from a contractor and showering undue favours at the cost of the State.
Satyendra Narayan Sinha
Ambika Sharan Singh
Raghavendra Narayan Singh
Raghavendra Narayan Singh, says the report, was intent on making petty gains and was guilty of behaviour unbecoming of a person occupying the exalted position of a minister. His net income during the period of his office was only ₹ 68,000, the acquisitions had reached ₹ 2.35 lakh.
RLS Yadav
Five charges relating to purchase and supply of stores materials, appointments, transfer and promotions and protection to criminals have been established against RLS Yadav.
After the mid-term poll in 1969, the accused Congress bosses, who occupy important positions in political life, installed Sardar Harihar Singh as chief minister. He appointed a briefing committee for the proceedings before the Aiyar Commission, but to retreat in the face of stiff opposition.
Excerpts from Now 20 February 1970
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| Now 20 February 1970 |
Sir,
ReplyDeleteYou have reported and I quote- ‘Former chief minister K.B. Sahay been found guilty of enriching his sons and relatives at the cost of state exchequer. His assets have also been found disproportionate to his income’.
Justice Aiyer did NOT write that ‘K.B. Sahay’s assets have also been found disproportionate to his income.’ What he actually said about K.B. Sahay’s asset was that - ‘I have observed that though no specific charge of bribery has been established against the first respondent, his acquisitions are a bit on a higher side.’
To change the word from ‘bit on a higher side’ to ‘disproportionate’ amounted to twisting the facts out of context and certainly not a piece of fair journalism. Fair journalism demanded that you ought to have put K.B. Sahay’s views on the Aiyer Commission Report, and left the rest for the wisdom of the reader to judge K.B. Sahay instead of indoctrinating his minds with your views. No wonder K.B. Sahay had challenged ‘The Indian Nation’ on that occasion as well as he declared ‘I leave it to the public to judge the soundness of this logic.’ K.B. Sahay knew the then Press would never be kind to him. Hence he left the matter, including the charges of corruption to be decided by the people. (K.B. Sahay regrets report on assets’, ‘The Indian Nation, February 12, 1970, (Courtesy: Sachchidanand Sinha Library, Patna-1)
Further, though Justice T.L. Venkatarama Aiyar considered his to be a fact-finding mission, his report nonetheless was based not only on documentary evidence but on an examination of several witnesses who submitted their statements before the Commission. However, the requirement of law affording the opportunity to the respondents to impeach the credit of a witness by cross-examination was not complied with in this case. It is an established principle that ‘once a party, even by mistake, comes to the witness box and swears and is examined about a document he would become a witness and will be liable to be cross-examined by his opponents.’ (AIR 1957, Madh A, 135) This doctrine of natural justice was denied to K.B. Sahay who rested his case for a wiser decision in the People’s Court.
The vindictiveness of the opposition and the contemporary Press was clearly exposed by the people who vindicated K.B. Sahay in the 1974 elections and rightly so which unfortunately became his last electoral battle. K.B. sahay was as energetic and cheerful despite his advancing age. “Now I can die in peace. People’s Court has given me the verdict of NOT GUILTY’- K.B. Sahay announced his return to active politics, in an interview to ‘The Searchlight’ on May 30, 1974. Then, as if a premonition of his imminent end, he added, ‘I started my political career in 1923 by entering the Bihar Legislative Council as a representative of Hazaribagh, and now I am here ending my political career by entering the Council once again as a representative of Hazaribagh and Giridih. I thank the people of Hazaribagh and Giridih for having reposed so much confidence and trust in me. (K. B. Sahay thanks electorate’, ‘The Searchlight’, May 31, 1974, Courtesy- Sachchidanand Sinha Library, Patna-1).
No wonder the opposing forces engineered another accident – a second one in his life which was fatal. K.B. Sahay was killed in a car accident on June 3, 1974, just a week after winning the elections and vindicated in the People’s Court.