Nagpur: Chief minister Prithviraj Chavan on Thursday ruled out instituting the special investigation team (SIT) to probe the alleged irrigation scam under theCommissions of Inquiry Act, 1955, which would have given it more teeth. The opposition called the refusal an attempt to save deputy chief minister Ajit Pawar and water resources minister Sunil Tatkare, who are accused of being involved in the scam.
The government announced an SIT under Madhav Chitale, a well-known irrigation expert, on Monday after coming under pressure from opposition benches.
Speaking to TOI on Thursday, Chavan said that a panel under the Commissions of Inquiry Act has to be headed by a retired high court or Supreme Court judge. The government, he added, was not contemplating appointing such a person. “We are looking to include an expert from the finance field on the panel, whichwill probably havefour members,” he said. Chavan added that the SIT will be granted a deadline of six months, with a provision of extension if the members so demand. He maintained that he had proposed Chitale’s name as the panel head.
Reacting to Chavan’s assertions, lawyer Anil Kilor charged the government of misleading the public. Kilor is pleading the case for the NGO Jan Manch, which wants a judicial probe or a CBI inquiry into the multicrore scam. “There is no provision in the Commission of Inquiry Act that there should be a judicial member on the panel,” he said. Kilor explained that the government has to compulsorily give statements on oath to a panel formed under the COI Act.
“The panel becomes quasi-judicial, with judicial powers to summon bureaucrats, ministers and experts. There are regular hearings andthey are deemed judicial proceedings under Section 193 and 228 of the IPC. It is just like regular court hearings,” Kilor said, adding that anyone deliberately skipping hearings can be prosecuted.
The lawyer pointed out that the SIT, as instituted by the state, will have to seek appointments of officials. Moreover, it will not be binding on anyone to be present before it. “Such an inquiry into areas where thousands of crores of public money is involved cannot be relied upon. Even inquiries made by Nandkumar Vadnere and HT Mendgiri committees were not under the COI Act and therefore the government was not duty bound to act against the guilty,” Kilor said.
LEFT TOOTHLESS
The chief minister has refused to set up a probe into the irrigation scam under the Commissions of Inquiry Act. The law considerably empowers any panel instituted under it: Panel can summon officials, bureaucrats, ministers and experts It is mandatory for all those summoned by the panel to be present Panel becomes a quasi-judicial body with judicial powers All depositions to it are on oath; giving false information invites charge of perjury Initiating action against those held guilty is mandatory
VIDC admits to poor work in Gosikhurd project
The Vidarbha Irrigation Development Corporation (VIDC) has admitted before the Nagpur bench of the HC that the work on the left bank canal of the Gosikhurd project was of very poor quality and that the contractor, BJP MLC Mitesh Bangadia, was asked to do the relining afresh. The admission came in an affidavit in response to a PIL that alleges irregularities in VIDC. TNN
Courtesy:
Vaibhav Ganjapure | TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/12/21&PageLabel=7&EntityId=Ar00700&ViewMode=HTML
The government announced an SIT under Madhav Chitale, a well-known irrigation expert, on Monday after coming under pressure from opposition benches.
Speaking to TOI on Thursday, Chavan said that a panel under the Commissions of Inquiry Act has to be headed by a retired high court or Supreme Court judge. The government, he added, was not contemplating appointing such a person. “We are looking to include an expert from the finance field on the panel, whichwill probably havefour members,” he said. Chavan added that the SIT will be granted a deadline of six months, with a provision of extension if the members so demand. He maintained that he had proposed Chitale’s name as the panel head.
Reacting to Chavan’s assertions, lawyer Anil Kilor charged the government of misleading the public. Kilor is pleading the case for the NGO Jan Manch, which wants a judicial probe or a CBI inquiry into the multicrore scam. “There is no provision in the Commission of Inquiry Act that there should be a judicial member on the panel,” he said. Kilor explained that the government has to compulsorily give statements on oath to a panel formed under the COI Act.
“The panel becomes quasi-judicial, with judicial powers to summon bureaucrats, ministers and experts. There are regular hearings andthey are deemed judicial proceedings under Section 193 and 228 of the IPC. It is just like regular court hearings,” Kilor said, adding that anyone deliberately skipping hearings can be prosecuted.
The lawyer pointed out that the SIT, as instituted by the state, will have to seek appointments of officials. Moreover, it will not be binding on anyone to be present before it. “Such an inquiry into areas where thousands of crores of public money is involved cannot be relied upon. Even inquiries made by Nandkumar Vadnere and HT Mendgiri committees were not under the COI Act and therefore the government was not duty bound to act against the guilty,” Kilor said.
LEFT TOOTHLESS
The chief minister has refused to set up a probe into the irrigation scam under the Commissions of Inquiry Act. The law considerably empowers any panel instituted under it: Panel can summon officials, bureaucrats, ministers and experts It is mandatory for all those summoned by the panel to be present Panel becomes a quasi-judicial body with judicial powers All depositions to it are on oath; giving false information invites charge of perjury Initiating action against those held guilty is mandatory
VIDC admits to poor work in Gosikhurd project
The Vidarbha Irrigation Development Corporation (VIDC) has admitted before the Nagpur bench of the HC that the work on the left bank canal of the Gosikhurd project was of very poor quality and that the contractor, BJP MLC Mitesh Bangadia, was asked to do the relining afresh. The admission came in an affidavit in response to a PIL that alleges irregularities in VIDC. TNN
Courtesy:
Vaibhav Ganjapure | TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/12/21&PageLabel=7&EntityId=Ar00700&ViewMode=HTML
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