The decision of the Supreme Court Collegium to transfer Orissa High Court Chief Justice, S Muralidhar to the Madras High Court has been kept pending by the Centre bringing, the move under heavy criticism.

Former Supreme Court Judge Justice Madan Lokur, who has been very vocal about recent legal developments in the country, has today stated that the Centre is not entitled to selectively pick and choose from decisions made by the Collegium of the SC. That aside, if the last time the Centre sat on the Collegium’s decision on Justice Akhil Kureishi[1] this time it is conspicuously excluding Justice Muralidhar. Why? Justice Muralidhar’s tenure has been remarkable, marked both by compassionate jurisprudence and a desire to make efficient the access to justice and overall judicial accountability. Again, then as now, the Centre, flexing its muscles over the judiciary, refusing to yield to the Collegium’s recommendation.

In June 2022, as Chief Justice of the Orissa High Court, Justice Muralidhar oversaw a unique experiment in judicial accountability. The Orissa High Court published a 312-page annual report evaluating its own performance, for the year 2021. This report addressed the crucial question of the digital divide over access to justice, managing the docket explosion (increasing number of cases), listing important judgments of each of its 18 judges to remembering staff who succumbed to the Covid-19 pandemic. Under the stewardship and vision of Chief Justice S Muralidhar who took office on January 4, 2021, the report is a pioneering document that showcases a practice that every court in the country needs to evaluate: it outlines the performance of the High Court and the district-level judiciary in the state.

“For any institution, introspection is necessary to overcome the drawbacks and to enhance efficiency,” the report stated in a chapter titled ‘Introspection and Challenges’. A detailed report on this initiative may be read here.

Apart from this report, his leadership in the Orissa High Court is recognised to have improved and launched e-services at Orissa High Court as its Chief Justice such as the launching of a mobile app, online payment system of court fees in the lower courts, live streaming of  cases on trial basis, e-filing portal for cases, video conference cabins in district courts as well as e-sewa  Kendras in  Taluka courts.

Justice Muralidhar was appointed as judge of Delhi High Court in 2006 before which he was a practicing advocate at the Supreme Court.

February 2020, Delhi Riots Cases: Hate Speech

But it was his sudden transfer from Delhi High Court to Punjab and Haryana High Court in the midst of hearing of the case against BJP politicians Anurag Thakur, Parvesh Verma, Abhay Verma and Kapil Mishra over hate speeches which sparked the North East Delhi riots of February 2020 that had come under strong opposition from within the Delhi Bar itself. This was in 2020.

Midnight hearing during Delhi riots 2020

The intervening night between February 25 and 26, 2020 ambulances were prevented from entering minority neighbourhoods to help injured people in Mustafabad area of Delhi thus preventing people suffering from critical injuries, some of them bullet wounds, from getting urgent medical attention.

Around midnight, activist Rahul Roy moved Delhi High Court leading to a two-judge bench convening a special hearing late at night at the home of Justice S Muralidhar. He and Justice AJ Bhambhani heard the phone testimony of Dr Anwar of Al Hind Hospital who informed the court that 2 people were dead and 22 injured were at the hospital. The court then directed Deepak Gupta, DCP East Delhi to reach the hospital and ensure safe passage for the injured so that they may be transferred to GTB Hospital, LNJP Hospital, Maulana Azad Hospital or any other hospital where they can get the care they deserve. 

Pulling up Delhi Police during 2020 riots

While the  bench headed by Chief Justice D N Patel was on leave, plea seeking judicial enquiry and registration of FIR against three BJP leaders Anurag Thakur, Parvesh Sahib Singh, and Kapil Mishra and others for making provocative statements leading to multiple riots was mentioned for urgent hearing before the bench headed by Justice Muralidhar.

Stating that “police do not have to wait for a court’s order” and “it should take action on its own”, the Delhi High Court sought the police’s stand by 12:30 pm. The bench then asked solicitor-general Tushar Mehta to advice the police commissioner on lodging of FIRs against the perpetrators. The court also asked Mehta and deputy commissioner of police (crime branch) if they have seen the video clip of BJP leader Kapil Mishra making alleged hate speech after which the video was even played in the court room.

The bench had also asked SG Mehta and Deputy Commissioner of Police (crime branch) if they had seen the videos and when the bench was informed that they didn’t come across the video of Mishra’s speech, Justice Muralidhar had said, “There are so many TVs in your office, how can a police officer say that he hasn’t watched the videos? I’m really appalled by the state of affairs of Delhi Police”, reported LiveLaw.

Justice S Muralidhar had questioned the police as to why there had been no FIRs lodged against leaders of the ruling party for their inflammatory speeches. He had said, “You showed alacrity in lodging FIRs for arson, why aren’t you showing the same for registering FIR for these speeches?” He had asked Delhi Police to take a “conscious decision” to register an FIR in 24 hours and expressed “anguish” that the city is burning and questioned the Delhi Police on the delay and its lack of acknowledgment of the speeches themselves as crimes.

After this hearing, Justice Muralidhar was hurriedly transferred to Punjab and Haryana High Court.

Here’s a look at several other such important decisions and orders of Justice Muralidhar which are revelatory and could have a bearing on the recent conduct of the Central government that has come in for strong criticism.

Gautam Navlakha transit remand

In 2018 when Pune Police obtained Navlakha’s transit remand from Chief Metropolitan magistrate Court in Delhi, a bench comprising Justice Muralidhar pulled up the court for the same stating that there was “non application of mind” and that the court did not even bother to understand the offence against him; since the document of grounds of arrest produced before the court was in Marathi language.

Sajjan Kumar conviction-1984 riots case

In 2018, the bench of Justices S Muralidhar and Vinod Goel of Delhi High Court convicted Congress leader and former MP Sajjan Kumar for playing a role in the murder of five family members residing in Raj Nagar in Delhi and sentenced him to life imprisonment overturning his acquittal by a lower court.

Hashimpura targeted killings of 1987

In November 2018, Justices Muralidhar and Goel convicted 16 PAC personnel holding it a case of targeted custodial killing, 31 years after they shot down in cold blood more than 40 males of the Muslim minority. On May 21, 2015 a trial court had, while not disputing that the killings had taken place, had acquitted the accused for lack of evidence. The court had held that “the compensation paid and conviction after 31 years is still a miscarriage of justice for the victims. There is clear evidence of prior meeting of minds.”

Decriminalizing homosexuality

In 2009 in the Naz Foundation case, Justice Muralidhar was junior member of the bench headed by then Chief Justice AP Shah, which legalised homosexual acts among consenting adults. “We declare section 377 of Indian Penal Code in so far as it criminalises consensual sexual acts of adults in private is violative of Articles 21, 14, and 15 of the Constitution,” the bench had declared.

Kathua rape convict parole denied

IN November 2020, the division bench of Justice S. Muralidhar and Justice Avneesh Jhingan of  Punjab and Haryana High Court rejected parole to Sanji Ram, convicted in the Kathua rape and murder case stating, “Given the genuine apprehension expressed as regards the possible law and order consequences if the petitioner’s prayer for parole is granted, the Court is not inclined to accept such prayer at this stage.”

Sanji Ram had prayed for parole for a period of 8 weeks in order to attend his son’s marriage.

Compensation for negligent custodial death

IN February 2021, Orissa High Court bench headed by Chief Justice S Muralidhar and comprising Justice Biswajit Mohanty  directed the state government to pay compensation of Rs. 5 lakhs to the parents of a man who died while in police custody, 15 years ago while holding that the police failed to immediately rush the deceased for medical treatment and that amounted to criminal negligence under constitutional tort.

Direction for prison visits

In March 2021, Bench of Chief Justice S. Muralidhar and Justice B. P. Routray while hearing two petitions highlighting the various issues concerning the jails, noted the absence of jail visits by the District Magistrates and the medical teams and directed District Magistrates of various districts to make surprise visits to jails within their jurisdiction. The bench also submitted a joint report to the court “on the conditions of the jails, condition of the prisoners, issues of overcrowding, the status of facilities within the jails including provisions for food and shelter, recreation etc.” The Bench emphasised that these visits should be “unannounced.”

Compensation to manual scavengers’ family

In April 2021, in a suo moto case, Bench comprising Chief Justice Dr. S Muralidhar and Justice BP Routray took cognizance of deaths of two young men in Cuttack where they entered the sewer line, which was over 15 feet deep and died due to asphyxiation. The court then directed Rs. 10 lakh compensation to manual scavengers’ family and asked the state to file an affidavit before the next date of hearing, listing out the steps it has taken thus far to implement, in letter and spirit, the various provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

As a follow through, the bench, in June 2021 sought proof of payment of compensation to those families as well.

COVID vaccine for prisoners

Justice Muralidhar ensured, as Chief Justice of Orissa High Court, that no prisoner in the state is denied COVID vaccination for not registering on COWIN portal and directed the State to make alternate arrangements to ensure that prisoners are vaccinated. This direction came after the bench was informed that with respect to vaccination in jails, many prison inmates may not have identity documents for registration on the COWIN portal.e

Disappearance of JNU student Najeeb

Najeeb (27), a student of M.Sc Biotechnology, had gone missing from the Mahi-Mandvi Hostel of the Jawaharlal Nehru University (JNU) on October 15, 2016, following an alleged scuffle with students associated with the Akhil Bharatiya Vidyarthi Parishad (ABVP). The case was transferred to the CBI in 2017 and there were some demonstration outside the CBI headquarters alleging that the agency was not doing enough to trace Najeeb. When the CBI raised this issue before the bench comprising Justices S Muralidhar and IS Mehta, the bench said this was a “democratic expression of the anxiety of the people” since the case had dragged on for so long. The bench had also pulled up the CBI  for its “complete lack of interest” and not showing any result in its probe into the disappearance of Najeeb, five months after being handed over the investigation.

Justice Muralidhar’s hasty transfer from Delhi High Court in 2020 saw many members of the Bar celebrating his tenure. Additional Solicitor General Maninder Acharya had said, “I have seen common people blessing you while leaving your court”. While this decision to transfer him (clearly showing the influence of the executive) did not go down well with the Delhi Bar and was condemned quite vocally, he nevertheless received an overwhelming farewell from members of the Bar who called him a beacon of hope.

In his public addresses as well, Justice Muralidhar has spoken for the marginalised. Speaking at the Ambedkar Jayanti lecture organised by Community for the Eradication of Discrimination in Education and Employment and telecast on LiveLaw on April 14, he said laws are structured to discriminate against the poor and that the system works unequally for the poor and the rich. Structured discrimination has ensured 21 % of undertrial population is SC, 17.4 % Muslim and 34.3 % are OBCs, he had pointed out.

Related:

Structured discrimination has ensured 21 % of undertrial population is SC, 17.4 % Muslim and 34.3 % are OBCs; Justice Muralidhar
Centre must not segregate collegium resolutions, Supreme Court should be firm against the executive for sitting over proposals: Justice MB Lokur
Delhi violence calculated attempt to disrupt normal life: HC

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After the dramatic discovery of Electronic Voting Machines (EVM) being whisked away, allegedly in a clandestine manner, in Uttar Pradesh on the evening of March 8, questions are being raised about the alleged complicity of the district administration in the exercise.

Opposition parties are not buying the Varanasi District Magistrate Kaushal Raj Sharma’s explanation that the machines were not used in elections, but were instead used for training purposes. Interestingly, even the Election Commission has backed the DM’s claims.

But calls for the DM’s transfer have been growing, as Opposition parties feel the process of vote counting could get compromised if authorities are unable to remain impartial due to their alleged proximity to the ruling regime.  

Who is the Varanasi DM?

Kaushal Raj Sharma, a 2006 batch Indian Administrative Services (IAS) officer, who originally hails from Haryana is the current DM of Varanasi. He holds an M.Tech degree in Textile Engineering and an M.A in Public Policy.

Late night on October 31, 2019, UP Chief Minister Yogi Adityanath, in a major statewide reshuffle, transferred as many as 22 IAS officers, 22 Indian Police Service (IPS) officers and three police commissioners. One of the officials transferred was Kaushal Raj Sharma.

It is noteworthy that Sharma had taken charge as the DM of Lucknow shortly after Adityanath became CM. But in 2019, Adityanath cited displeasure at the law-and-order situation in Varanasi, and transferred Sharma there to take charge. It is also noteworthy that Sharma was the DM of Muzaffarnagar at the time of the communal violence that broke out in the region in 2013.

Opposition parties have alleged that Sharma is close to Adityanath. While this might just be a perception, the Election Commission has in the past acted on similar perceptions and shunted out such officials during elections.

EC’s transfer orders during West Bengal Assembly Elections

Take the example of West Bengal. It is noteworthy, that on March 14, 2021, the Election Commission of India (ECI) in an unprecedented move either suspended or transferred some of the top most Indian Administrative Service (IAS) and Indian Police Service (IPS) officers in the state of West Bengal, purportedly for their failure to prevent the injury caused to Chief Minister Mamata Banerjee on March 10 in Nandigram. The most high-profile suspension was that of Vivek Sahay IPS, Director Security. The ADG rank officer was highly respected in Bengal’s police establishment, and his suspension raised eyebrows. 

At that time, the EC had also shunted out two top cops Virendra and Javed Shamim, purportedly due to their perceived closeness to Mamata Banerjee. Interestingly, shortly after taking oath as Chief Minister, Banerjee brought back Virendra as Director General of Police (DGP) and Javed Shamim as Additional Director General (ADG) Law and Order.

In fact, many political parties had also made a representation to the EC to remove Surajit Kar Purakayastha from the post of State Security Adviser (SSA). It is noteworthy that the 1985-batch IPS officer was previously (2016-2018) the Director General of Police in the state, and before that the Police Commissioner of Kolkata. Perhaps because of this he was perceived to be close to Mamata Banerjee. After all, the position of the SSA was created especially for the retired IPS officer in 2018. However, though it was clearly a political appointment, SSA is an apolitical post.

Therefore, one cannot be blamed to perceive the EC’s reluctance to shunt out Sharma as DM of Varanasi as an example of a curious double standard.

Related:

EVM security: Whose responsibility is it anyway?
UP Assembly Elections: Webcam company official found dead

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In her first action after taking oath on May 5, Mamata Banerjee transferred as many as 29 IPS officers and one IAS officer. Banerjee also brought back Virendra as Director General of Police (DGP) and Javed Shamim as Additional Director General (ADG) Law and Order. Both men had been shunted out by the EC. They replaced Nirajnayan who was DGP and has now been moved as DG (Fire Services) and Jagmohan who is now DG (Civil Defence).  

On Wednesday, the MHA had written to the West Bengal government accusing it of failure to maintain law and order. But the newly elected administration under Mamata Banerjee refuted the Centre’s claims saying that law and order had deteriorated when the elections were underway and the Election Commission (EC) was incharge. Moreover, most instances were reported from BJP strongholds.

Meanwhile, the Ministry of Home Affairs (MHA) has deputed a team of four bureaucrats to investigate instances of post-poll violence in Bengal. The team left on Thursday morning and is supposed to carry out a fact-finding operation in the next 48 hours.

At least 14 people were reported killed including members of the Bharatiya Janata Party (BJP), Communist Party of India – Marxist (CPIM) and even the newly elected Trinamool Congress (TMC) that romped home with a landslide victory in the recently concluded assembly elections. 

But as it was discovered, there were also several instances of fake news being deliberately spread to spark violent conflagration. Fact-checking websites and even the West Bengal police had revealed such instances of fake and hate-inducing content spread using social media.

Incidents of violence continued with TMC leader Udayan Guha getting injured in an attack in Dinhata in North Bengal. Guha whose arm was broken in the attack and is recuperating in a hospital blamed the BJP for assaulting him and his security guard.

Meanwhile, the convoy of Union Minister of State for Home Affairs and BJP leader V Muraleedharan was attacked while passing through the Panchkhudi area of West Midnapore. He shared a video of some people throwing sticks and stones and chasing his car and alleged that the attackers were “TMC goons”.

TMC goons attacked my convoy in West Midnapore, broken windows, attacked personal staff. Cutting short my trip. #BengalBurning @BJP4Bengal @BJP4India @narendramodi @JPNadda @AmitShah @DilipGhoshBJP @RahulSinhaBJP pic.twitter.com/b0HKhhx0L1

— V Muraleedharan (@VMBJP) May 6, 2021

Muraleedharan was visiting Bengal to look into the instances of post-poll violence being reported from across the state.

Related:

Battleground Bengal: Blame game, fake news aplenty amidst reports of post-poll violence
Battleground Bengal: TMC decimates BJP’s communal agenda

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A day after the Election Commission of India (ECI) barred Assam minister Himanta Biswa Sarma from campaigning for 48 hours, Sarma has responded to the ECI’s notice.

Trouble began shortly after it became known that Himanta Biswa Sarma had allegedly threatened Hagrama Molihary. Sarma was quoted by the media as having allegedly said that Molihary, a Bodoland People’s Front (BPF) leader will go to jail if he engages in extremist activity, and that the case was being given to the National Investigation Agency (NIA).

It is noteworthy that the BPF was an ally of the BJP until they were unceremoniously dumped when the BJP allied with the newly formed United People’s Party Liberal (UPPL) in the Bodoland Territorial Council (BTC) elections that were held in December last year. For the Assembly Elections, the BPF has fielded 12 candidates, and is one of the partners of the Grand Alliance, led by the Congress.

After Sarma, who is a powerful minister presiding over ministries of health and finance in Assam, allegedly issued the threat, the Congress complained to the ECI. The ECI then issued Sarma a show-cause notice, giving him time till 5 P.M on April 2. The notice also obtained from the Chief Electoral Officer of Assam, the portion of Sarma’s media interview where he issued the threat and the excerpt was included in the ECI notice.

Sarma had said, “If Hagrama does extremism with Batha he will go to jail. This is a straight talk. If Hagrama encourages Batha, he will go to jail. Already got lot of evidence. This case is being given to NIA.  The recovery of arms at Kokrajhar in a car, that case is being given to NIA. Nobody will be allowed to do unrest in BTR, even if he is Hagrama or any one.” 

The show-cause notice may be read here: 

On April 2, the ECI barred him from campaigning for 48 hours. Sarma, accordingly suspended campaigning:

I am asked by ECI to stop campaigning for next 48 hours. Therefore all my meetings scheduled for tomorrow stand cancelled.

— Himanta Biswa Sarma (@himantabiswa) April 2, 2021

But, has now responded to the ECI notice:

1/2 My reply to the notice issued by the Election Commission of India pic.twitter.com/kENqDYkG1o

— Himanta Biswa Sarma (@himantabiswa) April 3, 2021

2/2 My reply to the notice issued by the Election Commission of India pic.twitter.com/bK1WCAQnOW

— Himanta Biswa Sarma (@himantabiswa) April 3, 2021

Sarma gave details of the weapon’s seizure mentioned in his media interview and claimed that investigations into the case so far have “indicated close connection and nexus of Shri Hagrama Malihary and his party with the nabbed accused persons” and asked the ECI to take a deeper look into the matter. He also claimed his comment had been “distorted” in the report by a local publication that was used as the source of the transcript of Sarma’s alleged threat. Also, since the complaint was lodged by the Congress and not the BPF, Sarma has questioned the Congress’s locus standi.

However, Sarma clarified he has not challenged the ECI’s order in court:

I have not challenged the order of the Election Commission of India before any Court of Law.

— Himanta Biswa Sarma (@himantabiswa) April 3, 2021

The restrictions on campaigning come even as Assam heads into the third and final phase of Assembly elections on April 6. Campaigning for this phase ends on the evening of April 4.

Meanwhile, Himanta’s brother Sushanta Biswa Sarma was transferred out of Goalpara. Veera Venkata Rakesh Reddy has taken over charge as the Superintendent of Police with immediate effect.

The transfer order may be viewed here: 

Related:

Don’t need Miya Muslim vote: Himanta Biswa Sarma
BJP’s election manifesto in Assam promises “corrected” NRC, end of “Love Jihad”

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The Uttar Pradesh Government has transferred the District Magistrate (DM) of Hathras Praveen Kumar Laxkar, and sixteen other IAS officers. The DM had hit headlines after the gangrape and murder of a 19-year-old Dalit girl. She died on September 29 at Safdarjung Hospital.  

According to media reports, Praveen Kumar will now be the new District Magistrate of Mirzapur, and Uttar Pradesh’s Jal Nigam Additional Managing Director Ramesh Ranjan will be replacing him in Hathras.

This administrative reshuffle comes days after the Allahabad High Court expressed its dilemma over the DM stationed at Hathras. The court wondered if it was ‘fair and reasonable’ to allow the District Magistrate to continue at Hathras during the pendency of the investigation and other proceedings regarding illegal cremation etc.

In court, the DM had accepted that the forceful cremation of the victim in the middle of the night without the family’s consent was imperative to maintain law and order. At this defence, the court noted that the victim was entitled to a dignified cremation and observed, “We do not at this stage find any good reason on behalf of the administration as to why they could not hand over the body to the family members for some time, say for even half an hour, to enable them to perform their rituals at home and thereafter to cremate it either in the night or next day.”

In November, the State of Uttar Pradesh had apprised the court that the Government would not be transferring him because the State believed that it was all a “political game” allegedly played by political parties with “oblique motives to exert political pressure” and that there was no question of the DM to tamper with the evidence relevant to the investigation.

The State had also submitted before the Allahabad High Court that since the investigation itself is being conducted by the Central Bureau of Investigation (CBI), the State Government does not have any role to play. The court however found the State counsel to have “attempted to justify the cremation of the victim in the night by narrating the facts and to contend that the District Magistrate did not commit any wrong in this regard.”

The victim’s family has also alleged that the DM had given in writing to them about acceptance of their demands of housing and employment based on their conversation with the Chief Minister of U.P. through video conferencing, however, except for the compensation part no other demand had been fulfilled.

The father of the victim also expressed to the court his grief over the conduct of the DM and wondered if his complaint against the DM had been recorded by the Special Investigation Team. To this, the court has directed the State to file a first or interim report of the SIT.

Among other transfers, Gonda District Magistrate Nitin Bansal has been sent to Pratapgarh and Additional CEO of Noida, Shruti, has been made the DM of Balrampur, replacing Krishna Karunesh, who has now become the vice-chairman of the Ghaziabad Development Authority, as reported by The Print.

Related:

Hathras case: UP State & DM deny accepting house and job requests of the victim’s family
State Counsel appears to justify the hasty cremation of Hathras Victim: HC
BREAKING: A’bad HC summons suspended SP, Hathras on November 2, Victim was Entitled to Dignified Cremation    

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The Supreme Court on Thursday reserved orders with respect to a plea that the case be moved out of Uttar Pradesh and that the investigation be monitored by the apex court itself. A bench comprising Chief Justice SA Bobde, as well as Justices AS Bopanna and V Ramasubramanium was hearing the matter.

The proceedings began with Solicitor General Tushar Mehta addressing the court on the kind of protection that has been given to the Valmiki Dalit family of the victim. He informed the court that apart from deployment of security personnel to guard the family, CCTV cameras have been installed. He also informed the court that the family is being represented by Advocate Seema Kushwaha.  

The SG then raised an important concern regarding the name of the victim being revealed in the Allahabad High Court orders. To this the SC responded that it can be deleted suo motu.

Next, Advocate Seema Kushwaha appearing for the family pleaded for the transfer of the trial after investigation out of Uttar Pradesh as the family fears that a fair trial cannot be conducted in the state.

She also pleaded that the CBI Investigation Report should be submitted to the SC and not the state government. To this SG Tushar Mehta conceded that the report by CBI on completion of investigation will be submitted to jurisdictional court and also conceded that the SC should supervise.

Advocate Indira Jaisingh also appealed for intensive monitoring by a Constitutional court and the appointment of a special Public Prosecutor. Additionally, Advocate Kushwaha said that the family was not satisfied by the witness protection granted by the Uttar Pradesh government and requested that they be provided security by the Central Reserve Police Force (CRPF).

It is noteworthy that Citizens for Justice and Peace (CJP) has moved an Intervention Application (IA) in the Supreme Court demanding:

• A Supreme Court monitored investigation
• Protection be provided to witnesses by Central Paramilitary Forces
• A judicial inquiry by a retired Supreme Court judge on the circumstances that led to the cremation of the victim’s body in the middle of the night in an open field, allegedly without the family’s consent.

The Supreme Court has reserved its order in the case.

Related:

CJP moves Supreme Court in Hathras case
Hathras victim knew rape accused: UP Police start blaming the victim!
UP Police now claim that Hathras Dalit victim was not raped! 

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IAS officer Rohini Sindhuri, 35, was removed from her position as the secretary of the Karnataka Building and Other Construction Workers Welfare Board for resisting attempts of possible misuse of funds meant for the upliftment of labourers.

Transferred on September 20, just when the Board was set to launch mobile creches for children of construction workers, Sindhuri has not been assigned a new posting. Labour Commissioner K G Shantaram has been given simultaneous charge of the board.

The Board currently sits on a corpus of around Rs. 8,000 crores, mostly acquired through the labour cess of 1% levied on all construction projects – government or private. Taking sight of the fact that only Rs. 800 crores were spent in the last eight years, Sindhuri was trying to streamline the Board’s expenditure. According to sources, she was put under immense pressure to allocate the funds in a way that could have led to pilferage.

Sources also claim that Sindhuri was directed by a senior IAS officer to discard the official tendering process and award various works of the Board to the state-run Karnataka State Electronics Development Corporation (KEONICS). Sindhuri was aware that KEONICS had a poor track record with implementation of projects and had decided on choosing service providers from the open market through a proper tendering process.

Sindhuri was also allegedly pressurized to divert a portion of the Board’s funds towards flood relief. She was first asked to part with Rs. 3,000 crores and then Rs, 1,000 crores for the distribution of food packets, furniture and lighting in flood-hit areas. She wanted proper procedures to be followed for this allocation since the Supreme Court monitored and laid clear guidelines on how the cess money was to be spent. She was worried that without adhering to the proper rules, the money for flood relief could be misused.

Past Instances
For the past two years, Sindhuri has been having a tryst with transfers. In 2018, JD(S) Supremo H D Deve Gowda condemned her transfer as the Deputy Commissioner (Hassan). Calling it an instance of ‘high handedness’ on part of then chief minister, Siddaramaiah’s cabinet colleague, A Manju, Deve Gowda said that the minister had demanded her transfer as she was trying to curb financial irregularities in the Mahamastakabhisheka works at Shravanabelagola.

(Source – The Hindu)
 
Similar Ousters from across the country
Rohini’s transfer is just one among the slew of officers of the IAS and IPS cadre that the government has transferred in the past years.

IAS officer and a whistle-blower, Ashok Khemka has been in the headlines for stopping a land deal between Robert Vadra and DLF. He recently faced his 52^nd transfer in his 27-year career as a price for his honesty. Due to frequent run-ins with bigwigs of real estate and political circuits, he earned disfavour within government ranks and even his own colleagues.

Also, in lieu of being transferred 27 times in a decade for exposing a scam, Karnataka Officer K Mathai registered a case in May 2019 with the Karnataka State Human Rights Commission (KSHRC) against Chief Secretary of Karnataka Vijay Bhaskar over alleged human rights violation. The case, registered under Article 14, 15 and 16 of the Constitution, states that his transfers were a result of vindictive action and he suffered mental agony due to this war against corruption.

A high-risk career
The post of an IAS officer still holds a place of pride in the country. Hearing of the expulsion and transfer of honest IAS officers like Rohini Sindhuri and others for expressing their dissent or being booked by investigating agencies for standing up against corruption, really makes one wonder if there is any place for honesty in our ‘democracy’?
 

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