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November 2015

Cancerous Corruption

By Narayan Varma Chartered Accountant
Reading Time 5 mins
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SRA Scam
An RTI request sent in July this year by the High Court Advocate Manoj O. Singh has revealed what could possibly be another big scam in the already chequered history of the Slum Redevelopment Authority.

Singh, who represents Samala Narsaiyya Ramulu and Narsavva Konka, who live in a slum near Worli Naka, wanted to check with the SRA as to why certain names had been included in a massive redevelopment project when the list was revised in 2012.

The SRA’s response said that in 2013, they had received a letter from the Brihanmumbai Electrical Supply and Transport Undertaking (BEST), saying that many of those who had been included in the second list had electric supply to their homes and establishments dating before 1995 turned out to be based on a forged letter.

Now, the state housing minister Prakash Mehta has ordered an inquiry into the matter.

The mystery letter
This particular SRA project concerns three slum pockets now merged into one — Shiv Ganesh and Shiv Sainath Cooperative Housing Societies — near Worli Naka with 753 residents. Singh claims that the builder, Om Omega Shelters, falsely hiked the number of dwellers eligible under Development Control Rule 33 (10), in order to claim a larger building area. As per rules, the more the number of slum dwellers a builder rehabilitates in a new construction for free, the greater the FSI he gets to build a new building on the same land, which he is allowed to sell in the open market. Singh estimates that, in this case, Om Omega Shelters has managed to get somewhere close to 10,000 square feet extra, by including names of nearly 100 dwellers in the revised list.

Showing Sunday Mid-day the RT I responses he received, Singh states that the SRA revised its original 2009 list prepared by BMC (which included nearly 500 eligible slum dwellers from the above mentioned co-operative societies), based on a letter from the BEST, which said that the new names were eligible.

Corruption Charge:
A government official cannot be convicted under corruption charges merely on the basis of recovery of bribe money and it is essential to prove that he had demanded money, the Supreme Court has ruled.

A bench of Chief Justice H. L. Dattu and Justices V. Gopala Gowda and Amitava Roy said the proof of demand is an “indispensable essentiality” for establishing an offence of bribe and acquitted an assistant director of technical education department of Andhra Pradesh despite allegedly being caught red-handed for taking Rs. 500 bribe in 1996.

“The proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1) (d) (i) & (ii) of the Act and in absence thereof, unmistakably the charge therefore, would fail. Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof …… would thus not be sufficient to bring home the charge under these two sections of the Act,” it said.

The court said mere recovery of money would not prove the charge and it has to be proved that the accused had demanded the bribe and had voluntarily accepted the money.

“Mere possession and recovery of currency notes from an accused without proof of demand would not establish the offence. It has been propounded that in the absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage cannot be held to be proved,” the court said.

Preventing Corruption etc. at BCCI:
Mr. Shashank Manohar, after taking charge as the president of Board of Control for Cricket in India (BCCI) listed out the issues that he would take up immediately and carry out certain reforms within the next 2 months. One of them is prevention of corruption.

Preventing corruption:
BCCI will lay down norms and take forward measures to prevent corruption. There will be programmes to educate players. Board will meet govt. officials to see if it can get certain investigative agencies.

Accountability:
Accounts of all state associations, have their own internal auditors. A system to be introduced by which accounts of all affiliated units would be reviewed by an independent auditor appointed by BCCI, after which further money would be released to these associations.

Transparency:
There is grievance that the Board is not transparent and everything is kept under wraps. For this, BCCI will put the constitution and all rules on its website and expenditure beyond Rs.25 lakh will be listed so that people are aware of the spending. There are two powers vested with the president. At the AGM, there is a chairman’s vote and a casting vote. Manohar will not exercise the right of the chairman’s vote at the AGM till the constitution is amended.

Criminals in Bihar Polls:
First phase:
22% candidates face serious criminal charges.
130 candidates have serious criminal cases pending against them.
174 candidates have criminal cases.

Second phase:
142 candidates declare criminal charges.

Third phase:
27% candidates have criminal cases.
Of 808 candidates, 215 have criminal record.

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