PUDR Statement on Yakub Memon’s Hanging

On 15th July, the Maharashtra government announced that it has initiated the process for hanging Yakub Memon. On 30th July, 2015 ‘he is to be hung by the neck till dead’. The announcement seemed inevitable after the Supreme Court had rejected his review petition on 10th April this year. Except that Yakub Memon has still not exhausted all legal remedies as he has a curative petition due to be heard in the Supreme Court on 21st July. While the state government is treating the matter as already dried and dusted and making a mockery of the justice system, there are some very valid reasons for drawing attention to Yakub’s case for upholding our faith in the judicial process:

1. Controversial arrest: The police claimed to pick Yakub up from the New Delhi Railway Station on 5th August 1994. In a letter written to the Supreme Court in 1999, Yakub stated that he came to India on 28th July 1994. He had been detained on 24th July at Kathmandu airport and then handed over to the Indian agencies.

2. Implicated and sentenced for trying to help: Yakub has maintained all along that he had no foreknowledge of and had no hand in the conspiracy leading to the Mumbai blasts of 1993. He was working towards voluntarily returning to India to clear his name. He co-operated with the investigating agencies and provided vital leads which have been acknowledged. However, the Court never regarded these as mitigating factors.

3. No justice under TADA: The Supreme Court in its 2013 judgement confirming death sentence awarded by the TADA court in 2007, held that Yakub officiated for Tiger Memon in Mumbai in the planning of the attacks in the latter’s absence. The Court accepted that Yakub was nowhere directly involved in the execution of the blasts, but his responsibility was greater as he was one of the planners. It said that he “was constantly present at the Al Husseini building, where the major part of the plan was made and executed”, interacted with ‘Tiger’s men’, managed Tiger’s “ill-gotten money,” arranged for air tickets to Dubai and vehicles which were used in the attacks. He was convicted under TADA (now lapsed), IPC, Arms Act, Prevention of Damage to Public Property Act, and under sections of the Explosive Substances Act on retracted confessions, on the statements of approvers and on the confession of co-accused.

4. “Special Stigmatizing”: Yakub had returned in 1994 believing that there would be a fair trial. He was proved wrong. The judgement decreed capital punishment for him because of his “position of dominance” and the “gravity of the crime”. Significantly, the Court commuted the sentences of the 10 others who had been awarded capital punishment by the trial court.

5. Rejection of mitigating factors: The Supreme Court deliberated on the aggravating and mitigating circumstances while awarding the quantum of punishment to all the death row convicts. Notably, in Yakub’s case, the Court noted none other than the fact that he did not have a prior criminal record. However, in the case of the other 10 others sentenced to death, the Court noted several other mitigating factors like lengthy incarceration, good behaviour, co-operating in the investigation, dependent family members etc. which were equally applicable to him. In Yakub’s case, the beginning and end of his being awarded death penalty then is clearly his relationship with Tiger Memon.

6. A discriminated convict: While confirming the death sentence on Yakub, the Court disregarded the fact that he suffered from depression from 1996. Ironically, a year later, while commuting the death penalty of 15 death row convicts in 2014, the same Court noted: “incarceration, in addition to the reasonable time necessary for adjudication of mercy petitions and preparation for execution, flouts the due process guaranteed to the convict under Article 21 which inheres in every prisoner till his last breath.”

7. Incarcerated for 21 years: For 21 years Yakub has lived with the “brooding horror” which “haunts” a condemned prisoner. To hang him now is neither fair nor just as it is punishing him twice over. It is plain vengeance which the state shows towards a condemned and defenceless man.

8. Denial of reform: A chartered accountant by profession, Yakub was known to be a silent observer during court proceedings. In 21 years of which he has spent 8 years in the death row, he has completed two MAs, one in English and the other in Political Science from IGNOU. Several recent judgments have emphasised the importance of reform and rehabilitation based on conduct. However, Yakub’s efforts have never been recognized.

9. A political hanging: The judicial process through which Yakub has been pronounced guilty and deserving of capital punishment has failed to bring to justice the main perpetrators of anti-Muslim carnage in December 1992 and January 1993, despite the Srikrishna Commission of Inquiry identifying a host of police officers and politicians belonging to Shiv Sena for their role. In the last one year, a similar trend is observable in the investigations into attacks committed by Hindu terror groups. 15 witnesses have turned hostile in the Ajmer Dargah blast (2007), the NIA has closed the Modasa case (2008) and has pressured the special prosecutor to ‘go soft’ on the investigations into the Malegeon blasts (2008).

The impending hanging of Yakub Memon raises certain very significant concerns regarding the role of the state and rights of people. As the above points illustrate, Yakub’s ‘crime’ is that of guilt by association and he is a scapegoat who has been conveniently caught and convicted as ‘most guilty’. Yakub Memon returned as a conscientious Indian citizen, albeit with a ‘criminal’ family background. If he is now hanged, the government must take responsibility for sending out the message that a Muslim cannot be a good citizen.

It is also imperative to ask as to what justice will be served through such an execution? Such regressive judicial pronouncement yet again convinces us that death penalty is not only prejudiced but also irrational. Fraught with the possibility of judicial error, the irreversibility of the punishment makes it totally condemnable. Globally, there is a move within countries to progressively do away with this regressive form of punishment. PUDR therefore urges the authorities including the judiciary in this case that in the interests of justice to commute his sentence, and in light of his 21 year-long incarceration to release him.

Megha Bahl, Sharmila Purkayastha 

Secretaries, PUDR

20th July 2015

After Chikki Scam, Another Rs 125 Crore Maharashtra Farm Machinery Scam Stares at CM Fadnavis

MUMBAI: A scam pertaining to the purchase of Raised Bed Planter, also known as Broad Bed Furrow (BBF) machines, used for planting seeds in farmlands, has hit the Maharashtra government.

Maharashtra’s chief minister Devendra Fadnavis speaks to his staff at his official residence in Mumbai. | (File Photo/Reuters)

Officials have roughly estimated that machines worth Rs 125 to Rs 150 crore have been sold so far in the State, though there is no data yet on how many machines were sold. The figures may rise after compilation of the complete data.

The Maharashtra government had undertaken the initiative to provide machinery to farmers in rain-fed areas under the Centre’s Farm Mechanisation Mission. The State Agriculture Department had categorised the BBF as a useful tool for farming and advertised it on a large scale especially in the regions of Marathwada and Vidarbha, where the agrarian crisis is at its worst. Nearly 1,500 farmers have committed suicides in these regions since January.

Papers available with Express show that the Agriculture Department purchased the BBF machines at a higher cost by neglecting the lowest bidder, Sagar International Pvt Ltd. The tender said Sagar had quoted a price of Rs 21,120 per piece. However, the contract was awarded to five other companies which had quoted higher rates.

An Agriculture Department official said that according to procedure, district-level agriculture officials register their demand for machinery with the state-run Maharashtra Agriculture and Industrial Development Corporation (MAIDC). The MAIDC decides the supplier. The rules also stipulate that a supplier must have done a quality check by Punjabrao Deshmukh Agriculture University. In this case, the suppliers procured the certificate from Hyderabad-based Central Research Institute for Dryland Agriculture (CRIDA). The Punjabrao Deshmukh Agriculture University had suggested changes in its design but they were overlooked.

Senior BJP legislator Sunil Deshmukh, a victim of the scam, confirmed to Express that he felt cheated after purchasing the BBF machine. “There was no manual with the machines. It took me four hours to assemble it. Shockingly, I found the machine useless as it leaves the seeds open and not under the soil. No crop can be grown using this technique,” he said.

Deshmukh’s close aide revealed to Express that the BBF machine supplier approached the legislator from Amravati after his complaint and “requested” a “compromise”. Deshmukh, however, declined. He also refused to comment on the supplier’s request. However, he said he was determined to take the issue to its logical end. “One BBF machine directly causes a loss of Rs 13,500 to a farmer and Rs 34,000 to the exchequer. The farmers are already debt ridden. They can’t withstand more financial loss. The Agriculture Department did not even bother to obtain feedback from the farmers on whether they were satisfied with the machine,” he said.A former bureaucrat said, “It is mandatory to make the machines only in the State. However, the suppliers got the machines from Rajkot, Gujarat. It is a serious breach if the design of the BBF machines was not up to the mark.”

By Kiran Tare

http://www.newindianexpress.com/nation/After-Chikki-Scam-Another-Rs-125-Crore-Maharashtra-Farm-Machinery-Scam-Stares-at-CM-Fadnavis/2015/07/20/article2929551.ece

PM Modi’s degrees – Appeal authority too declines RTI application

Less than a fortnight after his RTI request for the PM Modi’s educational qualification was turned down, a Gujarat based activist filed an appeal against the decision. But the appellate body’s decision has ‘shocked’ him ‘even more.’

The RTI activist told jantakareporter.com, “I don’t know what was more amusing, the original response or the response I’ve now received from the appellate authority. The original decision had declined to entertain my request and instead asked me to appeal. And now that I’ve taken the trouble of appealing, the appellate body has advised me to file an RTI all over again.”

Last week jantakareporter.com reported how the Gujarat-based activist’s request for PM Modi’s educational qualification had been declined both by the PMO and the Election Commission.

In the reply, the appellate body headed by SE Rizvi, said, “A public authority is obliged to provide information, which is held in its records and, in the matter in hand where the requisite information does not form part of office records, the contention that the PMO should provide the same is not correct.”

In his request, the RTI activist had also asked for the details of PM Modi’s “class 10th and 12th and MA (political science).” To which the appellate authority asked him to file the RTI request all over again as it didn’t form his jurisdiction.

Modi government has drawn flak for diluting the purpose of the Right To Information Act by constantly refusing to divulge information in response to RTI requests. Be it the request to obtain his educational qualification or how often his businessman friend Gautam Adani visited him at his offical residence 7 RCR, the PMO has refused to provide favourable responses to RTI requests.

By: Janta Ka Reporter

Appeal authority too declines RTI application on PM Modi’s degrees

Corruption In Raj Bhawan: The Saga Of Governor Yadav, The BJP And The Vyapam Scam

Ram Naresh Yadav, one of the first Governors appointed by the Congress to call on Prime Minister

NEW DELHI: Over 25 murders, 46 deaths, seven years later, a bunch of petitions have been filed before the Supreme Court on issues related to the Vyapam scandal where a mafia seems to be following the witnesses, steadily but surely, and eliminating one after the other. One petition is by a group of lawyers from Gwalior for the removal of the Madhya Pradesh Governor Ram Naresh Yadav to ensure a fair enquiry.

Who then is Governor Ram Naresh Yadav? And what is the clout he enjoys that has kept him in office, even while men and women taller than him have been shunted out of Raj Bhawans across the country by Prime Minister Narenda Modi?

The answer probably lies in the extent of his involvement in the massive recruitment fraud where impersonations, forgeries were used to bring in recruits without any qualification whatsoever in health, education and other crucial sectors of the state government. And his clearly close relations that have developed with the BJP in the state, and with Chief Minister Shivraj Singh Chauhan in particular.

Chauhan, is finally feeling the heat, but with the backing of Prime MInister Narendra Modi and his government has dug in his heels, insisting he will not ask for either a CBI probe, or move the Supreme Court for an enquiry. Matters might well be taken out of his hand, and that of the government at the centre on July 9, when the SC takes note of the petitions before it.

In the midst of the storm is the Governor, an otherwise, quiet non-descript man who not many remember from his political days. He was with the Janata party, and was Chief Minister of Uttar Pradesh from 1977-1979 in the days after the Emergency. He brought little to the job, at least nothing of any significance that could serve memory. He went on to join the Congress, at best a lacklustre politician with of course excellent networking skills. As this landed him the job of the Governor, under then President of India Pratibha Patil who also was a Congress functionary. This was in 2011, four years after the recruitments that constitute the major part of the Vyapam scam took place, and two years after the first hints of the fraud started emerging.

Significantly, Ram Naresh Yadav has established himself as the great survivor with Governors in most states being changed under the Modi dispensation. In fact in the first year of his rule, Prime Minister Narendra Modi set about the business of replacing Congress appointees with Governors closer to him and his government. Governor Yadav despite having spent his life in the Janata party and the Congress survived. This raised eyebrows all across the political field, with Congress leaders admitting that he had networked into the BJP echelons of power.

The Governor instead of ensuring a probe seemed to have become part of it, in a rather short span of time with allegations against him and his son flying around. His son Shailesh Yadav became an ‘accused’ in the Vyapam scam and was found dead, again in mysterious circumstances, on March 25 this year. He ostensibly died of a brain hemorrhage and while speculation again ran high in political circles about his death, neither did the Governor nor his family raise any questions. Instead the cremation took place quietly and the controversy was buried with Shailesh Yadav. The domestic staff told reporters that Shailesh Yadav had died the night before, while his death was confirmed by the family only the next day.

Media reports at the time wrote of the involvement of Raj Bhawan in the Vyapam scam, with officials within reported to have been part of the mafia that was manipulating the recruitment. The Governor was asked finally to step down by the Union Home Ministry, but clearly the ‘request’ has not been complied with. There has been no larger move against him, and nor has the demand for his resignation been pressed by the BJP at the state or the centre. His former Officer on Special Duty Dhanraj Yadav was arrested by the Special Task Force in what was a clear hit on Raj Bhawan. The investigating agency filed an FIR against the Governor for conspiracy and forgery under the Information Technology Act and the Prevention of Corruption Act. The SIT claimed to have confirmation that he had recommended at least five names for recruitment as forest guards. The High Court, with famous lawyer and BJP member Ram Jethmalani arguing the case for the Governor, finally ruled that he enjoyed constitutional immunity, and hence could not be included in the FIR.

The Governor has stayed on, claiming immunity of office, and refusing to step down despite the trail leading directly to the Raj Bhawan.The centre is waiting for him to retire in September, to replace him. The question being asked by senior politicians in New Delhi now is: why is the central government being so accommodating? And why has it not insisted on proceeding against him as per the provisions of the Constitution? More so, when other serving Governors were summarily removed long before their terms ended, just because they were Congress appointees such as MK Narayanan, Sheila Dikshit, Shivraj Patil and others?

So as a senior MP of the Congress said only two questions need to be asked, and will be repeated in Parliament by the Opposition: Why is the government silent on Governor Ram Naresh Yadav? Is it because he is sitting on information that can implicate the powerful BJP and RSS figures reportedly involved in the scam?

Meanwhile the Governor, basically a politician who reached high places more on connections than merit, is sitting pretty even while the murky and gory facts of the Vyapam scam are finally exploding around him and the government of Uttar Pradesh.

By: THE CITIZEN BUREAU
Courtesy: THE CITIZEN