Tehelka Magazine, Vol 5, Issue 30, Dated Aug 02, 2008
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
were appointed by
Mulayam Singh Yadav
during his rule in
a committee finds
evidence of corruption, sexual
Mulayam and his
for CBI inquiry citing
Allahabad HC orders
CBI probe; appeal
pending in the SC
against HC order
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.
& turns: Cases pending against Mulayam are gathering
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
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.
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.
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
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
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.’’
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.
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.
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.
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
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