| COURT: | Bombay High Court |
| CORAM: | A. B. Chaudhari J |
| SECTION(S): | Prevention of Corruption Act |
| GENRE: | Other Laws |
| CATCH WORDS: | corruption, strictures |
| COUNSEL: | O. D. Kakade |
| DATE: | January 27, 2016 (Date of pronouncement) |
| DATE: | February 5, 2016 (Date of publication) |
| AY: | - |
| FILE: | Click here to download the file in pdf format |
| CITATION: | |
| High Court Shocked At Loot Of Taxpayers Funds By Corrupt Babus. Calls For Non-Cooperation Movement By Taxpayers To Eradicate "Hydra Headed Monster" Of Corruption | |
Hon’ble Justice A. B. Chaudhari of the Nagpur Bench of the Bombay High Court has passed severe strictures against the Government for turning a blind eye to the rampant corruption in the Country. The learned Judge lamented that “It shocks one and all as to the manner in which the taxpayers’ money is being swindled, misappropriated and robbed by such unscrupulous holders of posts”.
He also pointed that corruption has become the order of the day over the past few decades and that taxpayers are helpless victims of the sordid state of affairs.
“Does the taxpayers pay the money to the Government for such kind of acrobatics being played” Justice Chaudhari asked in a rhetorical manner.
He also lamented that ethics and morals have taken a back seat in modern India’s scheme of things. He opined that to eradicate the “hydra headed monster” of corruption, citizens have to come together to tell their Governments that they have had enough. He also recommended that taxpayers’ may have to resort to refuse to pay taxes by a “non-cooperation movement“.
The learned Judge also found fault with the attitude of the employees’ unions who are otherwise very vigilant about their rights. He expressed surprise that the Unions do not “condemn, outcast or demonstrate against their counterpart bureaucracy indulging in corruption” and on the contrary support their misdeeds.
“The reply filed on behalf of the State shows misappropriation and embezzlement of amount to the tune of approximately Rs. 385 crores, which is stymieing. It shocks one and all as to the manner in which the taxpayers’ money is being swindled, misappropriated and robbed by such unscrupulous holders of posts. The money was meant for upliftment of the ‘Matang’ community and instead of that, the political appointee, the Chairman Ramesh Kadam, in league with the Managing Director and the Bank Officers of the Bank of Maharashtra, looted the tax payers’ money. How this huge amount of Rs. 385 crores will come back is a ‘million dollar question’.
For the last over two decades, this has become the order of the day and sordid state of affairs; whereas the taxpayers’ are merely looking at this grim situation.
Does the taxpayers pay the money to the Government for such kind of acrobatics being played.
Ethics and morals have taken a back seat in modern India’s scheme of things. In my considered opinion, corruption can be beaten if all work together.
To eradicate the cancer of corruption the “hydra headed monster”, it is now a high time for the citizens to come together to tell their Governments that they have had enough. That is this miasma of corruption. If the same continues, taxpayers’ may resort to refuse to pay taxes by ‘non-cooperation movement’. It is surprising that the Unions of Central or State Government employees, whether politically affiliated or otherwise, make demonstrations for demanding the application of VII Pay Commission, but they do not condemn, outcast or demonstrate against their counterpart bureaucracy indulging in corruption. On the contrary, they provide support.
There has been a report in the recent point of time that there are some more Corporations of the
State of Maharashtra who have indulged into huge misappropriation of the taxpayers’ money in the alike fashion.Therefore, this Court expects the Director General of Police, MS, Mumbai and rather requests him to take up such cases and find out the veracity of such a claim made in newspapers, and if there is substance, to immediately proceed to take action in all such cases as the taxpayers are in deep anguish. Let the Government as well as mandarins in the corridors of power understand the excruciating pain and anguish of the tax payers, who have been suffering for over two decades in the State of Maharashtra. There is a onerous responsibility on those who govern to prove to the taxpayers that eradication of corruption would not prove for them a “forlorn hope”.
Public have come to the conclusion that bureacrats can never be changed as a result politics. when this sort of incidents are taking place, and influencing the economy , common man can RBI openly give definition what it thinks of REGULATED ECONOMY.
CORRUPTION IS NOW RULE OF LAW.REMAIN NON CORRUPT AND GO TO HELL.TRY TO REMAIN CLEAN,GET YOURSELF IN CORRUPT CO.
DRAFTERS OF LAW ARE IN THEIR COMPANY.YOU ELECT THE COMPANY.DON’T BLAME ANYBODY,WE ARE GROSSLY RESPONSIBLE FOR THIS MESS.
The bureaucrats have to run and hide their face.The day is not far off when mob fury will turn towards the bureaucrats for all fingers point to their I efficiency
Kudos Justicesab.
Myself being an advocate of Bombay high court, i would be an Amicus to help the court in its appraoach to the DGP MS to track down these Politician and public servant sharks to mend, the public servants and public service politicians, to build a good governance in the state.
Though i may be be near about 75, yet i would like to work, to support the honorable court and help the public, as high courts being the custodians of the constitution of india, in its onerous public service.
I do not need any big compensation as such but just some accommodation and food wherever i would be asked to stay and help the state of maharashtra through its DG of P.
I would be a kind of special public prosecutor for the task with some like minded seniors and juniors to assist the task.
It is my duty to ensure the people need to be happy in a state without any corruption of any kind. That way only Rama Rajya could be possible, not just building some Ram temples, but people need to follow his footsteps very properly.
I felt so bad how that great worthy in Mr. Ramesh Kadam – though his name sounds with some rama dwani he just misused very rama nam, while Sri Rama really went out of the way to help poor boatmen families; here this great ‘ramesh’ just looted with his great political workers as also public servants who already live shamelessly with a the tax payers moneys as salaries and remuneration ,facilities and so so.
I would say in all government posts do not employ so called highly ill-qualified corrupt men; better keep the government posts for very minimum qualified persons who would be at least feel they are answerable to their own conscience but what I see here all these are ‘perverted’ persons with no learning at all but some kind of robbers and decoit type persons.
Every one who lived at the munificence of tax payers’ moneys need to feel that it is right opportunity to bring these uncouth individuals to justice.
we need to send these worthies to penitentiaries if proved of their crimes, even the court might think of awarding punishments like USA kind sentences for 200 years or 500 years concurrently that means one convicted these persons shall die in the jail itself might be most ignominy.Their own children would spit on these criminals once confirmed as the worst kind of criminals, yea these men are worse than cold blooded murderers. sorry
Interpretation software programming in the judges at the courts do help proper expansion of the statute.
That way justice Mr. Choudhary rightly handled the case.
I just explain down below what is an interpretation of a statute is all about:
INTERPRETATION OF STATUTES
Dr.Gurubalachrishnan Pandieddhi (pen name)
Interpretation of Statutes:
It is like what Ada Lovelace and Alan Turing envisioned , ‘A real computer should be able to perform, seemlessly and quickly, any logical operation’, by programming.
Machines’ operations were determined not just by the hardware but by the ‘software’, the programmes they could run.
Alan Turing rightly laid out the concept clearly, ‘We do not need to have an infinity of different machines doing different jobs’, he wrote in 1948. ‘A single one is suffice. The engineering problem of producing various machines for various jobs is replaced by the office work of ‘programming’ the universal machine to do these jobs’.
Similarly, a statute, is like some universal machine for particular area of activity, as some kind of hardware.
‘Lawmaker’ as a legislator group is some human machine components function together to make a statute supposed to be some comprehensive statute to meet all the relevant needs in that particular area of activity, like some machine, like hardware.
You cannot make too many statutes under some one act only, if you do , you would end up to be a maze of confusion of words only. You need to have a software programming that way ‘logic’ surfaced in the forms of advocacy. When two opponents question a particular thing called a fact in terms of some ‘accepted’ position before an observer nominated for the purpose of evaluating the arguments in terms of the statute, his thinking process turns out to be some programming language called a software.
That software programme package is called the interpretation software programming. This programming helps to evaluate a particular position in a most meaningful way, compatible to the needs of anti–directional opposing forces of expressions more meaningfully; else it would become some absurd situation, that way the the observer modifies within the framework of the said statute or the said section;
if it (the arguments of opponents on some set of facts under contests) does not sit comfortably within the relevant section of the statute, the judge tries his programing software called ‘interpretation software’ of his mind, as he has experience of similar such issues he might have faced in several occasions .
When a particular section of a statute is inappropriately applied , naturally it creates tensions in the minds of opponents that ‘tension’ only creates conflicts between parties resulting in serious contests between them;
that conflict(s) need (s) resolution for which purpose, the petitioner approaches the public court(s) relevant;
Like in ‘Prahalad s/o of Pratab Tanabji Pawar decided on 27 January 2016 at Nagpur High Court Bench pronounced on February 5, 2016, on ‘Corruption issues’ of Maharashtra State government agency practised; Court rightly felt terribly disturbed as the public sevants and public service politicians in collusion just looted about 385 crores of public funds(taxpayers’ moneys), allocated for a downtrodden ‘Matung’ community of Maharashtra.
Here the judge commented under ‘prevention of corruption Act’, by his software of interpretative programming, while interpreting the ‘prevention of corruption Act’:
Hon’ble Justice A. B. Chaudhari of the Nagpur Bench of the Bombay High Court has passed severe strictures against the Government for turning a blind eye to the rampant corruption in the Country. The learned Judge lamented that “It shocks one and all as to the manner in which the taxpayers’ money is being swindled, misappropriated and robbed by such unscrupulous holders of posts”.
The Honorable Court interpreted the Act and found that the politician and public servants nexus really swindled the tax payers’ moneys while supposed to distributing the said funds to the ‘Matung ‘ community.
Always it is vital, the Judiciary has to interpret the statute.
Without interpreting the statute how would the judge say the moneys was corruptly swallowed or swindled.
Therefore, most important component of judging is by interpretation mechanism
As far as corruption is concerned Deptt. Sr.Officials r calling “A”and ask for favour. If not agreeing ,giving threat to open previous assessments. May suggest to Govt. to laydown specific grounds to initiate action u/sec.148,263 etc.No doubt it is easy to say action can be challenged.But when vindictive asstt. is made by addition, “A” is compelled to deposit or attachment of bank A/C takes place and “A” suffers.May like to take up with CBDT.
Regds
With Regards,
B.R.MITTAL
the very statute itself is confusion syndrome of the government of india. Taxation has per se must e simple and direct under taxation jurisprudence.
why art 265 in he constitution says procedure laid by law, meaning it has to be per the constitutional ideas not under so called indian taxation conceived since 1922, or 1961 these acts are just some Statutes of some so called governments in place.
Milton Friedman a Nobel Laureate clearly stated, there shall be minimum governance possible ad he said clearly the governments should see some excuse to ensure the tax payers burden is reduced at every conceivable opportunity, after all government cannot increase one’s ability of earning power without that person’s premium capability.
But the government might bring some policies like the one cited in Prahalad case, what happened you see, the so called chairman of the state board in nexus with some public servants ensured to take away the 385 crores meant for Matang community. the hon court passed real good strictures.
so it is obvious governments are really not capable of governance except corruption of all kinds, when so what Milton Friedman said is indeed tenable concept.
see so called ‘Power to the people’ talked by political parties is just some ‘romantic lie’ as said by Stewart Brand in 1960 .
The fact is The fact is ‘the freaks who design computer science’ would wrest power from the rich and powerful institutions..like governments, corporate, when Brand says ‘ready or not computers are coming (have already in place) to the people…see i am now at Boston MA, USA, and seeing yr comment and responding clearly to your views as also to the Nagpur high court bench views means i am able to over see the whole indian governance system…’that’s a good news, may be the best since psychedelics like the forefathers of the computer science such as Norbert weiner, JCR Licklider, John von Neuman and Vannevar Bush….
So sooner or later, you do not need the governments run by politicians, as you can directly rule the public servants and as people like Athenian democracy we can run our countries however big they are, it is just a matter of time.
therefore, even the courts have to mend to the advantage of citizens there would be certainly days are counted in a very fast momentum for all the political parties…and all kinds of statutes would face very serious questions from the public and need to be mended, if sooner the courts gear not with interpretation of statutes, after all courts are the custodians of public interest so also all kinds of public servants…
problems are galore, when the separation of powers are strictly not maintained ,though the idea of separation of powers were dispensed duly not dispensed with but politics did by mangling the constitution of the country since 1951 in India.
After all this shows individual as a citizen is much more powerful when there is technohuman revolution is since cybernatics took over.
People shd take back all powers of the politicians as they dd not account properly to the people of the country.
Laws are sociological conception, what the society needs is a must not what the politics needs.
Technology is a tool for expression that could expand the boundaries of creativity and like drugs and rock, be rebellious.
None could take an individual for granted if he proclaims war against all these sinister forces.
If these politicians do not mend they dig their own graves more faster than expected, is the Oracle.
Sir, the Hon. judge has rightly exposed the nefarious activities of the unions/ associations in GOVT functioning. I give an instance when Chief Commissioner Parathasarathy and Commissioner Nambiar were virtually coerced by associations/ unions in administrative matters. Their resolutions will show how they have become super Chief Commissioners without any accountability but all powers.I reproduce extracts:-“UNIONS ASSOCIATIONS KARNATAKA
The Karnataka Income Tax Employees Association( Karnatka & Goa)
Circular No. 4/91-92
“3. ORGANIZATION MATTERS:- Your Office Bearers visited Hubli,Belgaum,Panaji,Margao and Karwar and held general meetings in these places and appraised of the latest developments. In Hubli the relationship between the local administration and our members was not cordial.in this connection, the Association Office Bearers along with CCIT visited Hubli and had marathon discussion with Administration Hubli. With this, we hope the relationship between local administration( Hubli) and our members will become cordial hereafterwards.”
The Karnataka And Goa Gazetted Services Association
Circular No. 5/91 dated 19-8-1991
” 3. Administration at Hubli Range
After hearing the grievances of our members regarding undesirable harassment by the Range administration at Hubli, the matter was discussed at length by your association representatives with the Chief Commissioner. The Chief Ommissioner camped at Hubli to have a personal knowledge of the state of affairs at Hubli. You may be aware that as a consequence of all the efforts of our Association and that of KITES , the DC ( ADMN) of Hubli Range has been transferred in a recent order by the Chief Commissioner.
IRS ASSOCIATION , Bangalore
Proceedings of the IRS Association , Bangalore
The General Body of the IRS Association , Bangalore Branch, has met on 13.9.1991 at 6.00 pm in the conference Hall at Central Revenue Building. The meeting discussed the various problems faced by the members and unanimously passed the following resolution:
“While recognising and respecting the prerogative of the Administration to transfer and deploy the Officers in any manner, the Members feel that no change should be brought about under pressure of any Association as it appears to have happened in respect of recent changes in Hubli.”
Sd/-
(LAKSHMI H. PURI )
Secretary
IRS Association
Copy forwarded to :- for information
All Members of the IRS Association, Bangalore
The CCIT( Admn), Bangalore
Lakshmi H. Puri
Secretary ” even in Delhi I found the unions/association leader slapping a contingent paid staff for not joining a strike in mayur bhawan. At another time raising slogans in office premises was fairly normal affair and the ultimate was when they pressurised in administrative vigilance matters. Rules are there to govern bad behaviour of unions but who will support you if you implement them. Maybe after this judgment there will be some rethinking at highest level in GOVT. This is my earnest prayer and hope.
even judiciary has to take the blame as they have not delivered the judgements in case of corruptions in time frame , they have all the time to take up sanjay dutt’s case of payroll but they do not have time to finish corruption cases
Bombay High Court’s suggestion for “noncooperation movement”: rhetoric or anarchy?
Hon’ble Justice A. B. Chaudhari of the Nagpur Bench of the Bombay High Court while rejecting the anticipatory bail application [Pralhad Pawar v/s. State of Maharashtra, Criminal Application (ABA) No. 642/2015, order dated 27-January-2016] of one economic offender accused of misappropriation of funds has passed severe strictures against the Government for turning a blind eye to the rampant corruption in the Country. The learned Judge lamented that “It shocks one and all as to the manner in which the taxpayers’ money is being swindled, misappropriated and robbed by such unscrupulous holders of posts”.
The learned Judge also observed that corruption has become the order of the day over the past few decades and that taxpayers are helpless victims of the sordid state of affairs.
“Do the taxpayers pay the money to the Government for such kind of acrobatics being played” Justice Chaudhari asked in a rhetorical manner……….
((Read More))
http://www.frontlinetoday.net/21253/171934/a/bombay-high-courts-suggestion-for-noncooperation-movement-rhetoric-or-anarchy