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CBI VS CBI

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By Ananya Bhardwaj

The unprecedented churn in the Central Bureau of Investigation (CBI) over corruption allegations follows two years of hostilities between its top two officers, director Alok Verma and special director Rakesh Asthana.

As the officers trade allegations over who exactly colluded with meat exporter Moin Qureshi to extort money from suspects under investigation, ThePrint traces the genesis of the ugly battle and its various twists and turns.

 

Rakesh Asthana, a 1984-batch Gujarat cadre officer, is said to be close to BJP president Amit Shah and Prime Minister Narendra Modi as both of them belong to Gujarat.

In the CBI, he has been involved in investigating some high-profile cases, like the Sabarmati Express fire in Godhra in 2002. As superintendent of police in the CBI, he also arrested Rashtriya Janata Dal (RJD) chief Lalu Prasad Yadav in the fodder scam in 1997.

Sources point out how Asthana secured the special director’s post despite concerns about his alleged role in a case of money laundering involving Sterling Biotech, whose owners, the Sandesaras, are said to have fled India after allegedly defaulting on loans of Rs 5,000 crore.

Asthana is currently being probed in six cases of corruption, which include two FIRs related to the Sterling Biotech case, two related to the arrest of journalist Upendra Rai, and one stemming from the recent CBI searches on a caterer at the Palika Services Officers’ Institute (PSOI) in Delhi.

In 2016, after Anil Sinha retired as CBI director, the Modi government reportedly ignored several senior batches to appoint Asthana as the acting director for a few months, which reportedly came as a surprise to many.

Alok Verma

A 1979-batch UT cadre officer, Verma has served as Delhi Police commissioner and is said to be close to the Prime Minister and the government brass. This is believed to be the reason behind his selection as CBI director from among many contenders.

According to rules, the CBI director has to be compulsorily consulted before appointing any person above the rank of superintendent of police. However, in Asthana’s case, Verma’s objection was overruled.

The tiff between Asthana and Verma is, at its heart, an ego tussle. Asthana was the acting CBI director when Verma took office in 2016.
Once Verma stepped in, Asthana, an old CBI hand, is said to have started flexing his muscles and took decisions without keeping the director in the loop.

For instance, Asthana, investigating the IRCTC scam involving former Bihar chief minister Lalu Prasad Yadav, started carrying out raids without informing Verma, which irked him. Asthana also began to represent the CBI at meetings with the Central Vigilance Commission, a supervisory agency for the CBI.

When his appointment as special director came up for clearance before the Central Vigilance Commission, Alok Verma is said to have flagged his alleged role in the Sterling case but his objection was overlooked.

The selection committee that approved his appointment as special director over Verma’s objections included CVC K.V. Chowdary, who has himself been under the scanner since his name surfaced in the Sahara-Birla diaries.

The fight worsened when Asthana once compiled a preference list for CBI appointments and forwarded it to the chief vigilance commissioner (CVC), a task typically performed by the director.

Not pleased, Verma made it clear that the job was his to perform.

In July this year, the CBI wrote to the Central Vigilance Commission that Asthana could not represent director Verma in his absence as he was being probed in several cases of corruption.

The letter stated that several officers being considered for induction by Asthana were under investigation in criminal cases filed by the CBI. It was alleged that Asthana used his powers to bypass Verma’s authority to induct officers of questionable integrity.

The Qureshi case

Moin Qureshi, a meat exporter arrested in August 2016, allegedly extorted money from suspects on behalf of CBI directors on the promise of relief from prosecution.

In one case, Qureshi is accused of extorting Rs 5.75 crore from a businessman.

An income tax raid against Qureshi in February 2014 revealed message exchanges with the then CBI director A.P. Singh, which led to the latter’s resignation as a member of the Union Public Services Commission, to which he was appointed after his retirement from the CBI.

The case that put Asthana in a tight spot

On 4 October, a Hyderabad-based businessman named Sana Satish — one of the suspects in the Moin Qureshi corruption case – alleged that he paid a hefty sum to CBI officers to get the agency off his back.

In his statement to a magistrate, he named Asthana, Dubai-based businessman Manoj Prasad, and Prasad’s relative Somesh.

Satish alleged that he paid Rs 3 crore to the three men over 10 months to remain off the CBI’s radar. He said he paid Rs 25 lakh to a middleman as recently as 9 October last year, at Prasad’s behest, to avoid appearing for questioning before the CBI.

Following this complaint, the CBI registered a case against Asthana as accused number one and a deputy superintendent of police-rank CBI officer, Devender Kumar, as well as the Prasad duo. Kumar has also been arrested.

In a letter to the vigilance commission, meanwhile, Asthana listed 10 cases where he alleged Verma tried to influence the investigation.

Asthana said Sana claimed to have paid a bribe of Rs 2 crore to Alok Verma to avoid any action by the CBI. He also alleged that when Sana was called in for questioning in February 2018, Verma restricted Asthana from examining him. He added that Verma also tried to influence the investigation in the IRCTC scam involving former Bihar chief minister Lalu Prasad, saying searches in the cases were called off at the last moment.

Other cases listed by Asthana in which Verma allegedly interfered include the coal block

‘I am being framed,’ Asthana tells CVC

In another letter to the CVC, Asthana has alleged that attempts were underway to falsely implicate him in certain cases.

He has alleged that the CBI director sent teams to Vadodara, Surat and Ahmedabad to dig out information against him, without the government’s permission, as is mandated by the Prevention of Corruption Act for investigations against a public servant of his rank.

“These acts of Alok Verma are illegal and mischievous,” Asthana wrote.

He alleged that despite his name not featuring in the Sterling Biotech FIR, “an officer of doubtful integrity”, Ajay Bassi, had been keeping a watch over him.

“He is said to be reporting directly to Verma, carrying out his instructions,” Asthana alleged.

He said Bassi and other officers had been assigned the task of “somehow” finding evidence to link him to the Sandesaras.

It has been alleged that the Sandesaras hosted the wedding of Asthana’s daughter at their farmhouse, and that the CBI special director’s name featured in a diary listing suspicious transactions that was recovered from a Sterling factory in 2011.

“In this regard, Bassi and one Ashwani Gupta are examining people in Vadodara and have sent notices for production of documents pertaining to expenditure related to marriage of my daughter, which took place in 2016, along with his guest list,” Asthana said.

Saying he was being framed, Asthana claimed that while the wedding was in 2016, the allegations in the Sterling FIR pertained to 2011.
In the letter, Asthana requested the CVC to constitute an SIT for a fair investigation in the cases against him.

Theory about A.K. Sharma

Another party in this fight is the CBI No. 3 — A.K. Sharma, a 1987-batch Gujarat cadre officer who serves as joint director in the investigation agency and was earlier the inspector general (intelligence) in Gujarat. He, too, is said to be close to Narendra Modi and a friend of Alok Verma.

Verma has reportedly given him several important investigations, apart from appointing him the head of the anti-corruption division. Asthana and Sharma both worked together in Gujarat. While Asthana was elevated to the post of special director, Sharma’s promotion is still due.

One of the theories about the CBI faceoff suggests that Sharma and Asthana developed a hostile relationship over their individual bids to curry favour with PM Narendra Modi, with a full-blown ego clash ensuing after Asthana’s elevation. Sharma, this theory suggests, encouraged Verma to go lead the fight against Asthana.

(theprint.in)


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Opinion

Why EVMs must go

The Kashmir Monitor

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By G. Sampath

The recent Assembly elections — the last major polling exercise before the 2019 Lok Sabha polls — were not devoid of Electronic Voting Machine (EVM) malfunctions.

Though the discourse at present makes no distinction between a ‘malfunction’ (which suggests a technical defect) and ‘tampering’ (manipulation aimed at fraud), there were several reports of misbehaving EVMs. Alarmingly, in Madhya Pradesh alone, the number of votes polled did not match the number of votes counted in 204 out of the 230 constituencies. The Election Commission’s (EC) explanation is that the votes counted is the actual number of votes polled — a circular logic that precludes cross-verification.

 

A discrepancy of even one vote between votes polled and votes counted is unacceptable. This is not an unreasonably high standard but one followed by democracies worldwide. It might therefore be helpful to briefly look beyond the question that has hijacked the EVM debate — of how easy or tough it is to hack these machines — and consider the first principles of a free and fair election.

The reason a nation chooses to be a democracy is that it gives moral legitimacy to the government. The fount of this legitimacy is the people’s will. The people’s will is expressed through the vote, anonymously (the principle of secret ballot). Not only must this vote be recorded correctly and counted correctly, it must also be seen to be recorded correctly and counted correctly. The recording and counting process must be accessible to, and verifiable by, the public. So transparency, verifiability, and secrecy are the three pillars of a free and fair election.

Regardless of whether one is for or against EVMs, there is no getting away from the fact that any polling method must pass these three tests to claim legitimacy. Paper ballots obviously do. The voter can visually confirm that her selection has been registered, the voting happens in secret, and the counting happens in front of her representative’s eyes.

EVMs, however, fail on all three, as established by a definitive judgment of the German constitutional court in 2009. The court’s ruling forced the country to scrap EVMs and return to paper ballot. Other technologically advanced nations such as the Netherlands and Ireland have also abandoned EVMs.

If we take the first two criteria, EVMs are neither transparent nor verifiable. Neither can the voter see her vote being recorded, nor can it be verified later whether the vote was recorded correctly. What is verifiable is the total number of votes cast, not the choice expressed in each vote. An electronic display of the voter’s selection may not be the same as the vote stored electronically in the machine’s memory. This gap was why the Voter Verifiable Paper Audit Trail (VVPAT) was introduced.

But VVPATs solve only one-half of the EVMs’ transparency/verifiability problem: the voting part. The counting part remains an opaque operation. If anyone suspects a counting error, there is no recourse, for an electronic recount is, by definition, absurd. Some believe the VVPATs can solve this problem too, through statistics.

At present, the EC’s VVPAT auditing is restricted to one randomly chosen polling booth per constituency. In a recent essay, K. Ashok Vardhan Shetty, a former IAS officer, demonstrates that this sample size will fail to detect faulty EVMs 98-99% of the time. He also shows that VVPATs can be an effective deterrent to fraud only on the condition that the detection of even one faulty EVM in a constituency must entail the VVPAT hand-counting of all the EVMs in that constituency. Without this proviso, VVPATs would merely provide the sheen of integrity without its substance.

The third criterion is secrecy. Here too, EVMs disappoint. With the paper ballot, the EC could mix ballot papers from different booths before counting, so that voting preferences could not be connected to a given locality. But with EVMs, we are back to booth-wise counting, which allows one to discern voting patterns and renders marginalised communities vulnerable to pressure. Totaliser machines can remedy this, but the EC has shown no intent to adopt them.

So, on all three counts — transparency, verifiability and secrecy — EVMs are flawed. VVPATs are not the answer either, given the sheer magnitude of the logistical challenges. The recent track record of EVMs indicates that the number of malfunctions in a national election will be high. For that very reason, the EC is unlikely to adopt a policy of hand-counting all EVMs in constituencies where faulty machines are reported, as this might entail hand-counting on a scale that defeats the very purpose of EVMs. And yet, this is a principle without which the use of VVPATs is meaningless.

Despite these issues, EVMs continue to enjoy the confidence of the EC, which insists that Indian EVMs, unlike the Western ones, are tamper-proof. But this is a matter of trust. Even if the software has been burnt into the microchip, neither the EC nor the voter knows for sure what software is running in a particular EVM. One has to simply trust the manufacturer and the EC. But as the German court observed, the precondition of this trust is the verifiability of election events, whereas in the case of EVMs, “the calculation of the election result is based on a calculation act which cannot be examined from outside”.

While it is true that the results come quicker and the process is cheaper with EVMs as compared to paper ballot, both these considerations are undeniably secondary to the integrity of the election. Another argument made in favour of the EVM is that it eliminates malpractices such as booth-capturing and ballot-box stuffing. In the age of the smartphone, however, the opportunity costs of ballot-box-stuffing and the risk of exposure are prohibitively high. In contrast, tampering with code could accomplish rigging on a scale unimaginable for booth-capturers. Moreover, it is nearly impossible to detect EVM-tampering. As a result, suspicions of tampering in the tallying of votes — as opposed to malfunction in registering the votes, which alone is detectable — are destined to remain in the realm of speculation. The absence of proven fraud might save the EVM for now, but its survival comes at a dangerous cost — the corrosion of people’s faith in the electoral process.

Yet there doesn’t have to be incontrovertible evidence of EVM-tampering for a nation to return to paper ballot. Suspicion is enough, and there is enough of it already. As the German court put it, “The democratic legitimacy of the election demands that the election events be controllable so that… unjustified suspicion can be refuted.” The phrase “unjustified suspicion” is pertinent. The EC has always maintained that suspicions against EVMs are unjustified. Clearly, the solution is not to dismiss EVM-sceptics as ignorant technophobes. Rather, the EC is obliged to provide the people of India a polling process capable of refuting unjustified suspicion, as this is a basic requirement for democratic legitimacy, not an optional accessory.

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Opinion

Doctor to serve the Humanity but ……….

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By Sheikh Umar Ahmad

Doctors profession is regarded as a noble profession world over and is given due dignity and honor in global community for their selfless service to humankind.Every educated person aims to become a doctor in order to serve humanity in best and better of their capacities, but as it is, everybody can’t become a doctor and there are other professions as well to serve the humanity in general. Among all other professions, the medicine is regarded as one of the coveted both in terms of requirement of its service as well in terms of monetary benefits. This profession is only among existing ones that cater to global community involvement as well as service dissemination. Every person has expectations from doctors to deliver in close coordination anytime, rather 24*7 when the need arises without any internal or external excuses, including personal ones. There is a deeper dissatisfaction & grudges when any person from medicine community refuses any other person of consultation when it is time for them to serve. If they are unable to deliver to society with utmost satisfaction, then their purpose of serving the society through this profession only does not hold any merit. A similar kind of episode some days before than happened at state’s premier maternity hospital, so called as Lal Ded has shaken the whole Kashmiriyat that is otherwise known world over for their hospitality and generous behavior but some doctors who in literal sense are there to grab the greater public shearing and for their mere monetary benefits, have deceived and decimated the expectations of one of economically, socially and educationally backward section of our society who yet hold equal weightage at the measures table when it comes to Kashmir diversity and harmonious ethnicity.

Their refusal to admit a women in labor pain and then her parturition at a roadside, has shackled the immediate conscience of whole educated lot of Kashmir who now think that there should be a humanity course for every doctor before only he is allowed to practice medicine. A doctor in true essence should be ready to work in any society, with any person, and to serve any other person in need irrespective of his caste, creed, colour, religion, sect and above all ethnicity. If a doctor is unable to work in any multi-cultural society, he loses his position in the eyes of society to be called as a doctor. This person dashes the hopes of weaker section of society as they think that such persons can never pay attention towards them being economically and culturally senile. The death of a newborn on the roadside at Srinagar area speak volumes about those gross irregularities that still exist in best of our essential & emergency services. This should not have been the case and nothing such things happen in world over but are common in Kashmir only and there is a greater need to overhaul the whole system so to debug these bogus and nefarious elements in society that tarnish the whole image.

 

There should have been a commission in place to look at those gross malicious activities thatdiscord the whole organisational setup. Now as we know, the enquiry will be put in place and at the end what will be seen, nothing but the ball will be put in the court of victim by falsifying & negating the whole episode. The little one has gone now and no one on earth can bring him back. This episode brings this message forth, that doctor being the representative guardian of life our earth, protect lives every day in every part of world and there is a greater sense of satisfaction and this dealing makes the person feel happy internally & eternally for this greatest benefit to mankind. But for us, it is high time now, that we repent of our past sins and relook at our duties to disseminate it properly at every time it is required. Every person will be suitably rewarded for his good deeds and kind gestures that he has done on humanity and doctors are none as exception.

They are the best representatives of selfless service and moral attitude, and kind reflection of ultimate hope. State administration in Kashmir at the helm of affairs need to reaffirm their responsibilities and duties, so that utmost discipline is maintained in hospitals both from public & doctors end. If public outrages over anything that may be the reflection and agony of intermix of pain and grief. It is the responsibility of doctors on duty to deal with those situations quite humbly and morally, so that the professionals deliver their duties in its true essence and totally error free. There should be limited biasness in dealing with culturally and economically down-centric groups of society. We need to be first ambassadors of humanity before guardians of life through practising medicine to protect the lives of people. We need to safeguard the hopes and expectations of our ethnic groups before we deliver our best to save the lives.

These episodes nevertheless should be repeated in the times to come, else this profession will loseits dignity and honor world over for not withstanding with the requirements of and fulfilling the criteria of being a doctor humanely. There are doctors who treat animals even, this never mean that we need to make an animal human first to be treated by a human doctor as animals are animals, rather we need to be real doctors to understand the physiology of animals before only we can treat them. This is the only message I can conclude with… ! Hence a change is imperative.

(The author is Doctoral Research Scholar, currently working as DST INSPIRE Fellow at CSIR Indian Institute of Integrative Medicine Jammu)

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Opinion

The angry Pakistani

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By Arifa Noor

IT takes an outsider to point out the anger within us. Last week, a former US ambassador to Pakistan, Cameron Munter, spoke at an event, arguing that our anger prevents us from telling the good story about Pakistan to the world.

It reminded me of an interaction that took place nearly 20 years ago. Back in 2000, a soft-spoken Indian professor from Delhi had asked why the Pakistani people were always so pessimistic about their country — present and future — despite the fact that till the 1990s, Pakistan had always enjoyed better social and economic indicators (including a higher growth rate) than India. It was a question I had no answer to. The hostile questions about Kargil and military rule were easier to answer during that trip to India than this gentle insight and a sense of bewilderment about our state of being.

 

But since that morning in New Delhi, there have been so many moments when the professor’s question has come back to mind. Countless memories that came spilling out echoed what former ambassador Munter said. Some as clear as the question asked by the Indian professor; some a little less sharp. But each one testifies to our despair, anger or lack of confidence in what is known as Pakistan.

We have been living in an age of anger, decades before Pankaj Mishra wrote about it.

Fast forward from 2000 to the last months of 2007 or the beginning of 2008: a faded memory, I am unsure of the exact month, but it was during the days of that heady yet difficult transition from dictatorship to democracy. Musharraf was fighting for his survival. Benazir Bhutto and the Sharifs were clawing their way back to relevance (followed by the devastating assassination of the former). A lawyers’ movement had caught Pakistan’s imagination. And there were terrorist attacks galore.

In the midst of these trying yet hopeful times, an op-ed had discussed Pakistan as a possible failed state. I was told that the writer had gotten a call from an amused friend in Afghanistan who said that despite all that had happened in and to Afghanistan, no Afghan would ever call his country a ‘failed state’.

We, of course, have used this term so often for the country that many of us believe it is a failed state — despite the term’s problematic origins as one used by Washington to describe countries it ‘disapproved’ of rather than an empirically established concept.

Then there are jumbled up memories of various track II dialogues. Each such seminar or conference is coupled with at least one discussion (on the sidelines) of how the Indians (and more recently the Afghans) present a united stand unlike Pakistanis. There is always a sense of frustration at how we end up helping ‘their’ cause rather than supporting our interest.

Why do we do this, as the professor asked?

Perhaps it stems from our long bouts of dictatorships. Denied their due and rightful say in policymaking has made entire swathes of the populace angry, hostile and critical of the state. They are angry at being left out: it’s an anger that is accompanied by a sense of helplessness at the direction that the country and society have taken. And in recent times, too, there is a sense of outrage because course correction (if there is any in their opinion) has not included their input. Hence, many refuse to believe that there has been any course correction, or criticise it for moving too slowly.

This is why perhaps the anger is most palpable when it comes to foreign policy, especially relations with India, and the radicalism that has engulfed state and society.

Being denied a voice, there is little left to do but express rage at the state, what it has come to stand for and to also conclude that there can be little hope for the future. (Pakistan has not just been at the crossroads ever since I can remember, it has also forever been in danger of being torn apart).

The rage has gotten worse post-2008, for the hope that accompanied the transition then has turned bitter. We thought that the worst was over, that ‘true’ democracy had returned to Pakistan and politicians would now rule — fixing all that had gone wrong. The 10 years of exile and powerlessness had also given the politicos a sheen of competence and maturity. But it was yet another shab gazida sahar (night-bitten dawn).

Ten years later, the anger has grown for it seems that decision making was never transferred. But because the hope this time was greater, so has the rage been too. And perhaps because the urban middle class fought for this transition in greater numbers than before, the disappointment is greater. They are angry for they cannot see the change they had fought for or protested against.

The judiciary turned out to have feet of clay. The military didn’t really share as much as they had promised. And the politicians didn’t deliver the reform or show any inclination for democratic norms once in power. And we continue to rail, against all of them or the one we had placed most hope in, or the one we hated most.

In addition, the rage has turned into hatred of the institution that has disappointed us the most. Indeed, the anger is expressed with malicious glee at times: the Sahiwal incident is a case in point, as was the controversial statement by a former high court judge, Shaukat Aziz Siddiqui, or any terrorist attack which reveals chinks in the armour of the security forces. And, of course, the various JITs revealing the shenanigans of our political ruling class.

It is as if we have no option but to express our rage, so all energy is poured into it.

But expressing outrage, however cathartic it may be, is not a strategy, which is what Cameron Munter was trying to say.

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