Irrigation Scam : Ajit Pawar ‘pushed for SIT probe’, got his way

Pawar Sr Wanted Judicial Probe, CM A Shorter Deadline
Water resources minister Sunil Tatkare on Monday said the special investigation team (SIT) that will probe the alleged irrigation scam “will certainly go beyond what the white paper (on state irrigation projects) established. But how much and how far is something yet to be decided”.

The announcement of the probe in the legislative assembly followed hectic backchannel negotiations between chief minister Prithviraj Chavan and Nationalist Congress Party (NCP) chief Sharad Pawar. Sources said the two were in constant touch since Friday night, trying to shape an agreeable solution for the opposition as well as Pawar’s nephew and deputy chief minister Ajit Pawar, who has been at the centre of the irrigation scam row.

Sharad Pawar, sources said, wanted a judicial probe, while Ajit Pawar insisted on an SIT headed by a former civil servant. A judicial probe would have “meant an open invitation for anyone to file an affidavit with a complaint or allegation. Moreover, it would have dragged on at its own pace,” explained a senior NCP functionary. So, for Ajit Pawar, an SIT was considered preferable.

Meanwhile, Chavan sought a three month deadline for the probe, but Ajit Pawar was adamant on a six-month time limit. “Ajit felt that by appointing an SIT and a head of his choice, it would be easier to stay away from the judiciary,” said a senior minister.

The parleys between the parties crested on Monday, with a long closeddoor meeting attended by Chavan, Ajit Pawar and Tatkare. The coalition partners agreed that an announcement must be made before the courts take notice of the issue. Public interest litigations in the matter are likely to come up before the judiciary soon. “The government was of the opinion that someone must break the ice and end the deadlock in the assembly. What has happened over the last week (disorder in the two Houses of the legislature) has hurt our image,” said a top Congress minister.

Though at this point an SIT seems like an eyewash, given that it is unlikely to receive any powers to take punitive or other action, the opposition is hoping the judiciary will take note of the investigation. “If the judiciary decides to monitor the SIT at the behest of the petitioners, it could still spell trouble for Ajit Pawar and Sunil Tatkare,” said a BJP leader.

While welcoming the government decision to set up an SIT, several opposition leaders demanded that either Ajit Pawar resign from the deputy CM’s post or be denied other portfolios. “For the sake of a fair probe, I request the chief minister to not give any portfolios to Ajit Pawar until it is over,” said leader of the opposition Eknath Khadse.
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SITUATION NOW ON IRRIGATION SCAM
IN EXPERT HANDS
Madhavrao Chitale, the SIT chief, has served as secretary, Union ministry of water resources, and chairman of the Central Water Commission, besides heading other panels on irrigation. He’s considered an expert on the subject. “Every year the irrigation department publishes a status report. I feel it’s obvious for the state to provide water from irrigation schemes to industries and urban areas,” he said. Sharad Pawar had defended Ajit Pawar on similar lines. Even before the panel has been finalized, activist Medha Patkar’s group criticized Chitale’s appointment. “It would have been appropriate to have a retired judge as SIT head,” said Patkar’s aide Suniti Su Ra.

POWER POINTS GOVT-ORDERED SIT VS COURT-APPOINTED SIT
Both discharge similar functions, but the first will file a report to the govt and the second to the judiciary

A court-appointed SIT has a high degree of credibility as its investigations are monitored by the court and it is unlikely to come under any pressure. In the past, court-appointed SITs have been able to book high-ranking state officials and police officers

One of the best examples is the Bombay HC-appointed SIT headed by retired director-general of police SS Puri that probed the multi-crore Telgi fake stamp paper scam in 2003. It went on to arrest top IPS officers and politicians

The govt, in case the report is not to its taste, can put it away in cold storage or even reject it

Much of an SIT’s efficacy depends on its terms and references, yet to be announced for the irrigation probe. Also crucial is whether the investigation team will comprise a police officer, who can register a criminal complaint and arrest the accused

In the irrigation scam, the govt has appointed a retired bureaucrat, Chitale, to head the SIT. He has no criminal investigation background and it is feared he may not be able to probe the conspiracy

STATUS OF EARLIER INVESTIGATIONS
Vadnere Committee - One-man panel probed hike in tender cost of Gosikhurd and other Vidarbha Irrigation Devpt Corp (VIDC) projects.
Action Taken: Departmental inquiries against 45 VIDC engineers and officers. D P Shirke, who was executive director of VIDC, sent on leave.

Mendhegiri Committee - Panel probing cracks in Gosikhurd canal built by BJP MLC’s firm says shoddy work.
Action Taken: Over a year later, rebuilding has begun.

Kulkarni Committee - Panel found 11 barrages under Godavari Marathwada Irrigation Devpt Corp being built beyond storage capacity, would cause Rs 2,452-cr loss.

Action Taken: Report with government, no action yet.

Upase Committee - Panel found faulty design at VIDC’s Lower Penganga project. Though aquaductcum-barrage was not required, it was sanctioned and work order issued
Action Taken: Tenders cancelled

CAG on water resources dept
Improper planning and change in design resulted in cost escalation of Rs 7,126.52 crore in 49 projects between 1997 and 1999
Action Taken: State PAC discussed it, no action taken

CAG on VIDC
Unsatisfactory project management
Action Taken: Discussed by PAC, no action taken
White Paper on Irrigation
Stated status of projects and blamed cost escalation on delay in land acquisition
Action Taken: Tabled in legislature. Opposition slammed it. Attempted whitewash led to SIT.

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MINISTERS UNDER COURT SCANNER

In the irrigation scam, the government has ordered an SIT probe by a retired bureaucrat, a move that many are describing as an eyewash because it is unlikely to receive any powers to take punitive action. A far more damaging scrutiny is likely of allegations against some minister against whom cases are pending with courts across the state. TOI takes a look.

VIJAYKUMAR GAVIT - MEDICAL EDUCATION MINISTER (MINISTER OF INFORMATION AND PUBLIC RELATIONS THEN)

ALLEGATION | 2002 scam in pension scheme for widows, destitutes and farm labourers.

COURT STATUS | Aurangabad bench of Bombay high court has issued a notice asking why the state is yet to respond to an anti-corruption bureau request for sanction to prosecute Gavit


SUNIL TATKARE - WATER RESOURCES MINISTER

ALLEGATIONS | BJP leader Kirit Somaiya claims Tatkare and his family members have amassed disproportionate assets totalling several crores. A multi-crore scam in the irrigation department

COURT STATUS | Somaiya has moved PIL in Bombay HC. PILs filed before the Nagpur and Aurangabad benches of the HC on irrigation

TATKARE SAYS | PILs are politically motivated


CHHAGAN BHUJBAL - PWD MINISTER

ALLEGATIONS | PIL claims Bhujbal’s trust MET, which runs the Bhujbal Knowledge City in Nashik, defrauded students and government into paying excess fees to the tune of Rs 8 crore in two years since 2010. BJP leader Kirit Somaiya alleges Bhujbal allegedly received kickbacks for favours granted by his ministry, particularly for Maharashtra Sadan in Delhi


COURT STATUS |PILs pending


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ACB seeks nod to probe irrigation minister in irrigation scam

Mumbai: The Anti-Corruption Bureau has sought the state government’s okay to launch an “open inquiry” against irrigation minister Sunil Tatkare over allegations of land grab and disproportionate assets.

A “discreet inquiry” against the senior NCP leader, sources said, is already complete. The ACB now wants authorization for the second stage of the investigation—“open inquiry” —so that it can call for official files and, if required, summon Tatkare for questioning.
“We have forwarded the request to the general administration department. It will follow the usual course (to the concerned department and chief secretary) before landing up at the CM’s table for the final nod,” said a home official.

With the latest appeal, the pending ACB requests for investigating sitting ministers has risen to three.

Discreet inquiry against Congress min nearly over Mumbai: As the Anti-Corruption Bureau sought the state’s nod to probe Sunil Tatkare, the total tally of pending ACB requests for investigating sitting ministers rose to three. The bureau sought a goahead to probe public works minister Chhagan Bhujbal three months ago and medical education minister Vijaykumar Gavit three years ago.

ACB sources said the agency is about to complete a discreet inquiry against a fourth minister: a Congress leader facing allegations for his role in the Coalgate scam. “A requestfor a fourthopen inquiry will be forwarded to the state soon,” said an ACB official.

A close aide of former deputy chief minister Ajit Pawar, Tatkare is accused of cornering 7,500 acres of farmland by creating front companies. He is accused of misusing his power and authority, as the statewater resources andirrigation minister, to grant arbitrary sanctions for irrigation projects. “I do not want to speak on the matter (either the inquiry or allegations) right now since it is in court,” Tatkare told TOI.

The request on Tatkare is bound to add to the worries of the government as it dithers on the previous two appeals. ACB sleuths said the prolonged official inaction shows lack of political will in the government. As it is, a sanction file needs to travel through a long, winding route—first through the home department to the general administration department to secretaries of the departments concerned to the chief secretary and finally to the chief minister. Worst of all, thereis noindependent mechanism to expedite or assist in the process.

“We expect the government’s nod to ideally come in less than two months, which is enough for the government to study a case properly. Beyond this, if the government takes time, it only shows a deliberate attempt to sit on the inquiry application,” said a senior ACB official.

The permission for a probe against Gavit, sources pointed out, is pending before the state since May 14, 2009. In the case of Bhujbal, the ACB filed the request letter on July 18, 2012, and it is said to have reached the chief minister’s table. “The departments (including the PWD, home and chief secretary) have given their view. It is now awaiting the CM’s green signal,” said an official.
UNDER THE SCANNER
Sunil Tatkare | The NCP leader faces allegations of land grab and disproportionate assets. The opposition says Tatkare and his family cornered 7,500 acres of farmland by creating front companies. The irrigation minister, he is also accused of granting arbitrary sanctions for irrigation projects

Vijaykumar Gavit | The state medical education minister is alleged to have amassed assets beyond his means of income. The properties were bought, it is claimed, in the name of his family members. The ACB sought permission for inquiry on May 14, 2009

Chhagan Bhujbal | The PWD minister is accused of receiving ‘favours’ when he gave out a contract for the construction of Maharashtra Sadan in New Delhi. The ACB sought permission for an open inquiry on July 18, 2012

STEP BY STEP | Rules mandate that the ACB follow these steps while investigating a government official (class I) or minister

Discreet Inquiry | The ACB, upon receipt of a complaint or allegation, conducts a discreet inquiry. It verifies documents without informing the accused person or department. A decision is then taken on whether to further probe the case. All cases do not necessarily undergo a discreet inquiry

Open Inquiry | Once the discreet inquiry is over (or if it is eschewed), an open inquiry is set up. In this, files can be sought from a department and the accused persons asked to present their side. For officials, rules are clear. But for ministers, ambiguity persists on who takes a final call
Sanction For Prosecution | Once an open inquiry is okayed, the ACB can proceed with a full probe, registering an offence and filing of charges. But during this process, it needs a sanction for prosecution from the government

WINDING ROUTE | At present, the power to accord sanction for prosecution of a sitting minister lies only with the chief minister and the governor. A sanction file needs to travel first through the home department to the general administration department to secretaries of the departments concerned, to the chief secretary, and finally to the chief minister. There, however, exists no independent mechanism to assist the process.

Courtecy:
Sharad Vyas TNN http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/10/06&EntityId=Ar00106&AppName=1&ViewMode=HTML