Mulayam In Maya's Jaal?

A panel appointed by Mayawati to probe the UP police recruitment scam finds evidence against Mulayam Singh Yadav and his brother Shivpal Yadav

SRAWAN SHUKLA
Lucknow

POLITICS IN Uttar Pradesh is getting murkier as charges and countercharges fly. Chief Minister Mayawati has accused the Samajwadi Party and the Congress of using the CBI as a political tool. While the SP and the Congress deny the charge, the war of words has sparked a fresh bout of political bitterness and acrimony in the state.

Twists & turns: Cases pending against Mulayam are gathering dust Photo: Shailendra Pandey

Mayawati has not taken kindly to the CBI leak to the media on her Disproportionate Assets (DA) case. She is out to pay the CBI, and Samajwadi Party President Mulayam Singh Yadav, back in the same coin.

The BSP government has sought legal advice on whether it could file cases against Mulayam Singh Yadav, his brother Shivpal Yadav and others on the basis of the findings of the three-member, high-powered committee, which probed corruption and other charges against senior UP politicians and bureaucrats in the infamous UP Police recruitment scam.

About 18,884 appointments of constables made during the three-and-a-half year rule of Mulayam Singh Yadav were annulled by Mayawati on the recommendations of a Committee, headed by ADG Shailja Kant Mishra. The Committee found grave irregularities in the recruitment process, including instances of extortion of money and sexual favours. However, the SK Mishra Committee was abruptly scrapped after a furore was raised by the Samajwadi Party and the female candidates over charges of sexual exploitation.

A dozen senior IPS officers — one IG, nine DIGs and two SPs — were placed under suspension after the Mishra Committee concluded its preliminary inquiry. In addition, disciplinary proceedings were also initiated against 58 other police officers implicated in the scam.

On October 4, 2007 the SK Mishra Committee was replaced by a high-powered panel headed by the then Chief Secretary, PK Mishra. DGP Vikram Singh and Lucknow Commissioner VS Pandey were made members. After probing the scam for four months, the panel submitted its report in the last week of January, 2008.

The two-page conclusion of the panel report, a copy of which is with TEHELKA, held the former UP Chief Minister Mulayam Singh Yadav, his younger brother Shivpal Singh Yadav, two ex-DGPs and others responsible prima facie in the UP Police recruitment scam.

“Prima facie evidence was found against the then Chief Minister Mulayam Singh Yadav for exerting pressure on bureaucrats to sanction large numbers of posts of constables despite serious objections raised by the finance department,” says the report.

“The then chief minister had directly influenced the recruitment process and allowed large number of recruitments without clear vacancies,” charges the report.

“Fake vacancies were created on non-existing and cancelled posts; against promotions and on ad hoc basis. They were approved by the former chief minister in clear violation of established laws,” it adds.

Serious corruption charges are levelled against Shivpal Singh Yadav. “Prima facie, the then PWD Minister Shivpal Singh Yadav appears involved in illegally collecting money from recruiters,” charges the report. Two former DGPs, Yashpal Singh and Bua Singh, and the then Special Secretary Chandra Prasad were hand-in-glove with Shivpal, it adds.

The Panel also ratified the findings of the SK Mishra Committee. “Sexual exploitation was alleged by several female candidates in the recruitment of female constables to the Police Radio Department,” states the Panel’s report.

On the basis of these revelations , Mayawati recommended a CBI inquiry into the recruitment scam as a step towards the prosecution of Mulayam, Shivpal and top police and administrative officers involved in the scam.

The Centre turned down the request for a CBI inquiry on April 21, 2008, citing inadequacy of staff. Subsequently, however, in June 5, 2008, the Allahabad High Court, hearing a petition filed by candidates for police recruitment, ordered a CBI probe into the scam. An appeal is pending in the Supreme Court against the order of the High Court.

Several top IAS and IPS officers deposed before the PK Mishra panel. “We have clinching evidence to prove corruption, sexual exploitation and misuse of political power by politicians and officials,” claims an officer close to Mayawati.

Once loyal to Mulayam, a few officers gave statements against him and his brother before the panel. “The findings of the panel are confirmed by technical evidence and the recorded statements of officers, eye-witnesses and candidates,” asserts an officer.

During the inquiry, the government had approved a sting operation but it was dropped as the panel had collected adequate evidence. The report was to be made public but this was postponed on the insistence of Mayawati for she didn’t want to be accused of indulging in political vendetta. However, panel members DGP Vikram Singh and Lucknow Commissioner VS Pandey refused to comment on the move.

But the accused in the recruitment scam, Shivpal Yadav, remains defiant. While talking to TEHELKA, he said: ‘‘We have done nothing wrong. If providing jobs to some 20,000 people of the state is a crime, we will commit this crime again when we come to power. She can’t make a case against us merely on the basis of the findings of a panel comprising officers loyal to her. If there was an iota of truth in the charges, why were police officers found guilty in the panel report reinstated?

Under wraps for the last five months, the findings of the Panel came in handy for the Mayawati government to use as a tool to tame Mulayam and counter the CBI.

“The BSP cadre will not take the CBI charges lying down. Mulayam is facing two CBI inquiries — one in a DA case and another in

Brother bother : Shivpal Yadav, state working president, SP Photo: Ajay Singh

the police recruitment scam. Despite this, behenji is being targeted. Why is the CBI not filing chargesheets in these cases against Mulayam?” asks BSP spokesman Swami Prasad Maurya.

But when asked what could have prompted Mayawati to take up the cases after 5 years, Shivpal Yadav had this to say: ‘‘Mayawati is facing a CBI chargesheet in the DA case. The CBI findings are enough to put her behind bars. The move to register cases against us is an attempt to divert voters’ attention from her DA case.’’

Mayawati’s lieutenants, led by her close confidant Satish Chandra Mishra, are burning the midnight oil to take the CBI head-on in the DA case. “We have already challenged the CBI for taking up the DA case on its own. We will challenge it again when the case comes up for hearing in the Supreme Court,” says Jyotindra Mishra, Advocate-General, UP.

MAYAWATI’S LAWYERS are of the opinion that the CBI has no powers to take up any inquiry on its own, unless so recommended. They claim that the DA case has not been recommended by anyone but that it was initiated during the course of the inquiry into the Taj Corridor case. Second, the Income Tax Appellate Authority has already endorsed her income, which is being investigated by the CBI, in its verdict and has denied a stay when an appeal was filed.

“The CBI was investigating the Taj Corridor scam. The case is closed now. During the inquiry, the CBI had told the apex court that it had no intentions of filing any chargesheet in the DA case. Then why seek permission and leak the affidavit to the media before it even reaches us?” fumes SK Dwivedi, Additional Advocate-General.

However, Mayawati’s legal advisors seem to be at fault for the CBI seeking permission to file a chargesheet in the DA case. On May 9, 2008, Mayawati’s lawyers filed an application before the SC seeking the quashing of the DA case. Instead, the apex court asked the CBI to file a status report. Taking advantage of this, the CBI quickly filed a counter affidavit and allegedly leaked it to the media to turn the tables on Mayawati.

“The CBI’s move is politically motivated to pressurise behenji to abstain from the trust vote on the nuclear deal in order to save the Congress government at the Centre. We’ll fight it in court as well as on the floor of the House,” says a BSP functionary who doesn’t wish to be quoted.

The impartiality of the CBI is under the scanner once again. On the one hand is Mayawati’s DA case and, on the other, the two inquiries that Mulayam is facing. Whereas the CBI is vigorously pursuing the inquiry against Mayawati, the two inquiries pending against Mulayam gather dust. This vindicates Mayawati’s charges.

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