08-17-2006, 12:40 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin--><b>How many times must I clear my name? </b>
<i>CBI being misused for political vendetta against me, writes Maneka Gandhi</i>
Misusing the CBI to witch hunt political opponents indicates a weak, vindictive and unscrupulous Govern- ment. This is not the first time I have been targeted. In a recently published book, the <b>former director of RAW, MK Kao, has revealed how the Congress party 'high command' had earlier too illegally and improperly misused Government funds and agencies to act against me.</b>
This time too, bureaucrats and CBI officials confess they have received directives from the very top. The case they have brought is laughable. It has been filed as a PIL by a first cousin who is a Congress party member, who stood against me in the last election and lost his deposit and has been in land litigation cases with my family for the last 15 years. Â
Five years after I demitted the office of MOS of Social Justice and Empowerment, the CBI started investigating on the basis of this PIL. I am not an accused in the PIL, which is against the Ministry itself and charges the Ministry's organisation Maulana Azad Foundation of having sanctioned funds meant for schools for minority communities.
The CBI filed an affidavit in the High Court in 2004, which is on the Court's record saying that there was no crim- inality at all. The Ministry of Social Justice and Empowerment also filed an affidavit saying that they had looked into the matter and they did not found any evidence of wrongdoing when they investigated the allegations. It is noteworthy that the PIL was filed and the clearances were given long after I had demitted the office of Minister for Social Justice and Empowerment.
The Government changed in 2004 and the UPA came into power in May 2004. Soon after, the new Ministry of Social Justice and Empowerment made a request asking the court for a reinvestigation by the CBI. The CBI again exonerated me.
In October 2005, the Ministry of Social Justice and Empowerment sent a formal request to the CBI asking for a reinvestigation. The CBI refused to reinvestigate the matter. Then, before a new bench, the Ministry of Social Justice and Empowerment asked the court in October 2005 to instruct the CBI to investigate the matter again. If the Government is suddenly seized of some new information, why doesn't it investigate again as is supposed to be the procedure? It is highly improper for the Government to ask the court to coerce the CBI - which is the investigative agency of the Government and it is being asked to investigate a department of the Union Ministry. However, the new bench of Justice Vijendra Jain obliged and the CBI went for a third inquiry to investigate Maulana Azad Foundation. Between the first two inquiries based on detailed evidence, which are on the files, and the third one, what new material has suddenly appeared? On October 19, High Court Judge Jain asked the CBI to reinvestigate "alleged irregularities" during Maneka Gandhi's tenure as minister in the NDA Government even when the Centre's counsel said in the court that CBI was not ready to reinvestigate the matter despite the formal request.
I am not a party to the High Court case, which is against Maulana Azad Foundation so I could not defend myself or have a lawyer or get any occasion to say anything. The court itself monitored the investigation. And yet the CBI has informed the court that an FIR is being filed against me. I was informed by a very senior member of the Government that, at a meeting on Monday, August 7, 2006, CBI officials were told that the UPA president desired that criminal prosecution be filed against me.
Accordingly on Thursday, August 10, the CBI moved court saying that they want to file a case against me under Section 420 of the IPC dealing with cheating and conspiracy.
<b>Cheating whom? The Government?</b>
Maulana Azad Foundation is an independent organisation under the Ministry of Social Justice and Empowerment. It has its own board and is headed by the then Minister of the Ministry. At the time the Maulana Azad Foundation, which have in its a board eminent people, including the President of India and the ex-Cabinet Secretary, sanctioned funds for 385 educational and vocational institutions for minorities in India. As Minister, 5 years ago, I was also on the board of the foundation. Of the entire investigation done on the 385 educational institutions, the CBI found nothing wrong in 383 and has honed in on two in Pilibhit out of the 40 given to Pilibhit.
<b>Do they claim that these schools were not made? </b>
No, they say that not only have they been made but they are also the leading schools in their areas.
<b>What is the total allocation to these two NGOs?</b>
Rs 30 lakhs or even less.
<b>Did Maneka Gandhi release the monies to them? </b>
No, they were released by the board after she had demitted the office of the Ministry.
<b>Did the district administrations certify that the NGOs were bona fide? </b>
Yes
<b>Did the district administrations certify that the monies had been fully utilised? </b>
Yes
<b>Did Maneka Gandhi have anything to do with these institutions or any other to whom funds were given? </b>
No.
<b>Were the funds released in installments, each time after investigations were done on the utilisation of earlier tranches? </b>
Yes.
<b>Are these schools providing education and training to minority community students?</b>
Yes.
<b>Were any undue favours given? </b>
No
<b>Did the Ministers who succeeded me release the monies to the same institutions? </b>
Yes
<b>If I were to use undue influence, would I not have had monies released to all the applicants in Pilibhit? Did I?</b>
No, according to the records of the Maulana Azad Foundation.
<b>Did I alone make the decision or was the entire board present each time?</b>
They were present each time
<b>Were procedures followed? </b>
Yes
<b>Was any wrongdoing found in any of the other 385 institutions given money including those in Pilibhit? </b>
No
<b>Who is the complainant? </b>
An estranged relative who is fighting land cases against the family and has stood against me for over 10 years and now fought an election as the Congress candidate against me
<b>So how does 420 apply as cheating and conspiracy? Cheating whom, and conspiring with whom?</b>
In 2005, two years after the PIL was filed, the charges were changed midstream after it was found that none of the charges made against the first 9 institutions were tenable or true. Four NGOs were added: Gandhi Rural Welfare Trust, Nidhi Education Society, GS Memorial Education Society and New Modern Dayal Shiksha Samiti.
The board made procedures to benefit educational facilities for backward and minority communities.
<b>What were the procedures that were changed for all NGOs? </b>
That new institutions could also apply provided they passed all the checks instituted by the local Government administration and the Maulana Azad Foundation
<b>So what is the crime according to CBI? </b>
They haven't yet made up their mind. The truth is that they are being pressurised to persecute me as part of a political and personal vendetta.
With ministers of this Government involved in criminal cases, including rape, and corruption cases running into hundreds of crores, thereby setting an example that encourages the whole country to cheat and indulge in scams, it is shameful that the nation's premier investigative agency CBI should be diverted from its duty to pursue the UPA chairperson's political ends.
Rather than catching criminals, it is going after someone for discharging a job honestly and efficiently. Maybe for this Government that is a crime!
Twice over, the CBI has investigated in this same case and both times returned the finding that there was no wrongdoing on my part. I have never before even been mentioned as a party in this case. It is revealing that only after the Congress has taken office that the CBI suddenly and mysteriously changed its own finding to try and implicate me in the matter.
<b>It is clear that this action is motivated by political considerations and I strongly condemn the CBI for allowing itself to be exploited by the party in power </b>
<!--QuoteEnd--><!--QuoteEEnd-->
<i>CBI being misused for political vendetta against me, writes Maneka Gandhi</i>
Misusing the CBI to witch hunt political opponents indicates a weak, vindictive and unscrupulous Govern- ment. This is not the first time I have been targeted. In a recently published book, the <b>former director of RAW, MK Kao, has revealed how the Congress party 'high command' had earlier too illegally and improperly misused Government funds and agencies to act against me.</b>
This time too, bureaucrats and CBI officials confess they have received directives from the very top. The case they have brought is laughable. It has been filed as a PIL by a first cousin who is a Congress party member, who stood against me in the last election and lost his deposit and has been in land litigation cases with my family for the last 15 years. Â
Five years after I demitted the office of MOS of Social Justice and Empowerment, the CBI started investigating on the basis of this PIL. I am not an accused in the PIL, which is against the Ministry itself and charges the Ministry's organisation Maulana Azad Foundation of having sanctioned funds meant for schools for minority communities.
The CBI filed an affidavit in the High Court in 2004, which is on the Court's record saying that there was no crim- inality at all. The Ministry of Social Justice and Empowerment also filed an affidavit saying that they had looked into the matter and they did not found any evidence of wrongdoing when they investigated the allegations. It is noteworthy that the PIL was filed and the clearances were given long after I had demitted the office of Minister for Social Justice and Empowerment.
The Government changed in 2004 and the UPA came into power in May 2004. Soon after, the new Ministry of Social Justice and Empowerment made a request asking the court for a reinvestigation by the CBI. The CBI again exonerated me.
In October 2005, the Ministry of Social Justice and Empowerment sent a formal request to the CBI asking for a reinvestigation. The CBI refused to reinvestigate the matter. Then, before a new bench, the Ministry of Social Justice and Empowerment asked the court in October 2005 to instruct the CBI to investigate the matter again. If the Government is suddenly seized of some new information, why doesn't it investigate again as is supposed to be the procedure? It is highly improper for the Government to ask the court to coerce the CBI - which is the investigative agency of the Government and it is being asked to investigate a department of the Union Ministry. However, the new bench of Justice Vijendra Jain obliged and the CBI went for a third inquiry to investigate Maulana Azad Foundation. Between the first two inquiries based on detailed evidence, which are on the files, and the third one, what new material has suddenly appeared? On October 19, High Court Judge Jain asked the CBI to reinvestigate "alleged irregularities" during Maneka Gandhi's tenure as minister in the NDA Government even when the Centre's counsel said in the court that CBI was not ready to reinvestigate the matter despite the formal request.
I am not a party to the High Court case, which is against Maulana Azad Foundation so I could not defend myself or have a lawyer or get any occasion to say anything. The court itself monitored the investigation. And yet the CBI has informed the court that an FIR is being filed against me. I was informed by a very senior member of the Government that, at a meeting on Monday, August 7, 2006, CBI officials were told that the UPA president desired that criminal prosecution be filed against me.
Accordingly on Thursday, August 10, the CBI moved court saying that they want to file a case against me under Section 420 of the IPC dealing with cheating and conspiracy.
<b>Cheating whom? The Government?</b>
Maulana Azad Foundation is an independent organisation under the Ministry of Social Justice and Empowerment. It has its own board and is headed by the then Minister of the Ministry. At the time the Maulana Azad Foundation, which have in its a board eminent people, including the President of India and the ex-Cabinet Secretary, sanctioned funds for 385 educational and vocational institutions for minorities in India. As Minister, 5 years ago, I was also on the board of the foundation. Of the entire investigation done on the 385 educational institutions, the CBI found nothing wrong in 383 and has honed in on two in Pilibhit out of the 40 given to Pilibhit.
<b>Do they claim that these schools were not made? </b>
No, they say that not only have they been made but they are also the leading schools in their areas.
<b>What is the total allocation to these two NGOs?</b>
Rs 30 lakhs or even less.
<b>Did Maneka Gandhi release the monies to them? </b>
No, they were released by the board after she had demitted the office of the Ministry.
<b>Did the district administrations certify that the NGOs were bona fide? </b>
Yes
<b>Did the district administrations certify that the monies had been fully utilised? </b>
Yes
<b>Did Maneka Gandhi have anything to do with these institutions or any other to whom funds were given? </b>
No.
<b>Were the funds released in installments, each time after investigations were done on the utilisation of earlier tranches? </b>
Yes.
<b>Are these schools providing education and training to minority community students?</b>
Yes.
<b>Were any undue favours given? </b>
No
<b>Did the Ministers who succeeded me release the monies to the same institutions? </b>
Yes
<b>If I were to use undue influence, would I not have had monies released to all the applicants in Pilibhit? Did I?</b>
No, according to the records of the Maulana Azad Foundation.
<b>Did I alone make the decision or was the entire board present each time?</b>
They were present each time
<b>Were procedures followed? </b>
Yes
<b>Was any wrongdoing found in any of the other 385 institutions given money including those in Pilibhit? </b>
No
<b>Who is the complainant? </b>
An estranged relative who is fighting land cases against the family and has stood against me for over 10 years and now fought an election as the Congress candidate against me
<b>So how does 420 apply as cheating and conspiracy? Cheating whom, and conspiring with whom?</b>
In 2005, two years after the PIL was filed, the charges were changed midstream after it was found that none of the charges made against the first 9 institutions were tenable or true. Four NGOs were added: Gandhi Rural Welfare Trust, Nidhi Education Society, GS Memorial Education Society and New Modern Dayal Shiksha Samiti.
The board made procedures to benefit educational facilities for backward and minority communities.
<b>What were the procedures that were changed for all NGOs? </b>
That new institutions could also apply provided they passed all the checks instituted by the local Government administration and the Maulana Azad Foundation
<b>So what is the crime according to CBI? </b>
They haven't yet made up their mind. The truth is that they are being pressurised to persecute me as part of a political and personal vendetta.
With ministers of this Government involved in criminal cases, including rape, and corruption cases running into hundreds of crores, thereby setting an example that encourages the whole country to cheat and indulge in scams, it is shameful that the nation's premier investigative agency CBI should be diverted from its duty to pursue the UPA chairperson's political ends.
Rather than catching criminals, it is going after someone for discharging a job honestly and efficiently. Maybe for this Government that is a crime!
Twice over, the CBI has investigated in this same case and both times returned the finding that there was no wrongdoing on my part. I have never before even been mentioned as a party in this case. It is revealing that only after the Congress has taken office that the CBI suddenly and mysteriously changed its own finding to try and implicate me in the matter.
<b>It is clear that this action is motivated by political considerations and I strongly condemn the CBI for allowing itself to be exploited by the party in power </b>
<!--QuoteEnd--><!--QuoteEEnd-->