An RTI activist from Pune, Col Suresh Patil (retd) remarked, “Dr Rajendra Prasad donated his land to Vinoba Bhave and here we have Pratibhatai Patil taking away the land for of her own men
Consider this: Eight hundred jawans of the Territorial Army (TA) are presently posted in Pune but there is residential accommodation for only 14. This being a family posting (a bonanza offered after a harsh field station posting), each jawan desires to bring his family, otherwise left behind in his hometown, when he is guarding the nation’s frontiers, often in a challenging geographical terrain. However, due to lack of official accommodation, a jawan is asked by his seniors to refrain from getting his family to Pune. Those jawans who decide to get their families to Pune nevertheless, live in slum-like conditions in one-room dwellings, near the Pune cantonment, with no drinking water facility. In addition, paucity of residential accommodation for hundreds of soldiers and officers in the Indian Armed Forces in Pune is causing great inconvenience to the families.
Now consider this: Pratibha Patil, president of India and the supreme commander of the armed forces is building a palatial home for herself on a whopping 261,000 sq ft of land in Khadki Cantonment in Pune (out of which the bungalow occupies about 4,500 sq ft). The land belongs to the defence. It will now have a fortified home, the construction of which is nearing completion.
The president is eligible for only 2,000 sq ft bungalow in any part of the country if he/she wants the government to hire a home for him/her, after retirement. Otherwise, he/she is entitled to a government-owned Class V bungalow (around 4,500 sq ft) if it is available. He/she is not eligible to build a home on government land. Some former defence personnel from Pune who are campaigning against this illegality are taking strong objections to the fact that Ms Patil is constructing her house on government land, when hundreds of jawans and officers are facing official accommodation crisis.
This revelation under the Right to Information (RTI) Act was procured by Col Suresh Patil (retd) and founder of Justice for Jawans (JFJ), RTI activist Anup Awasthi and Indian Ex-servicemen Movement (IESM) who are campaigning against Ms Patil’s ‘snatching’ away land meant for soldiers and officers.
The RTI application was sent to the president’s office. As per the reply, under the President’s Emoluments and Pension Act, 1951 and rules framed under the President’s Pension Rule, 1962, “where suitable government residence is not available for allotment to a retired president, the size of the residence to be taken on lease to be provided to a retired president shall have a living area not exceeding 2,000 sq ft”.
“A place where government-owned accommodation is allotted to a retired president, the size of the residence is comparable to a residence allotted to a minister in the Union council of ministers and if the highest type of government residence available as a particular place is less in size than a residence allotted to a minister in the Union council of ministers, the highest type of accommodation available at that place shall be allotted to the ex-president. At present, a minister is entitled to a plinth area of the bungalow as 4,498 sq ft”.
The reply under RTI also stated that she is eligible to drinking water and electricity supply, free of cost, throughout her life.
States commander Ravindra Pathak, member of the IESM and who invoked the RTI, “taking away more than 2.5 lakh sq ft of defence land is sheer looting by Ms Patil. We are sending a letter to the Chief Justice of the Supreme Court to take up the case suo moto. We have no money to pay for lawyers’ expenses.”
Col Suresh Patil (retd) elaborates, “Two defence bungalows have been pulled down to make way for Ms Patil’s bungalow and the vast expanse of land, over 2 lakh sq ft has been fortified for her. We are saying that let her keep the 2,000 sq ft she is entitled to and give away the remaining land for constructing official accommodation for soldiers and officers. Otherwise, there are numerous bungalows in the three cantonments of Pune and she could have been given accommodation in one of these.”
No other president has made such claims for personal gains, alleges Col Patil. He adds says, “Dr Rajendra Prasad donated his land to Vinoba Bhave and here we have Pratibhatai Patil taking away the land for of her own men—after all she is the supreme commander of the armed forces.”
RTI in this case provided information but who’s going to tie the proverbial bell round the cat? Hence, we need a strong anti-corruption law.
(Vinita Deshmukh is consulting editor of Moneylife. She is also an RTI activist and convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli Devi Jain award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book “To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte” with Vinita Kamte. She can be reached at firstname.lastname@example.org)
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Midas Touch moved an application stating that it should be allowed to be impleaded in the PIL as it has additional information relating to the case, following which orders were issued by bench of acting chief justice AK Sikri and justice Rajiv Sahai Endlaw.
In a press note, Midas Touch stated that, “it was one amongst the privileged eight unconnected organizations and individuals invited by the JPC (Joint Parliamentary Committee) for personal deposition before it. Therefore, impleading the applicant in the PIL would enable it to assist the Hon’ble Court in dispensing justice.”
A PIL was filed in October last year, by Delhi-based businessman Deepak Khosla challenging the SEBI’s 2007 circular enabling adjudicating officers (AOs) to issue consent orders without fixing guilt of parties involved. The plea also sought quashing of the circular and cancelling all consent orders passed by SEBI or by the AOs in pursuance of the circular.
The SEBI circular enables AOs to settle “administrative or civil actions” in cases where a person is prima facie found to have violated rules without fixing the guilt of the parties involved. Such cases also include those which are pending before the courts or appellate authority.
Virendra Jain, president, Midas Touch says that, “Such unfettered powers can be conferred in an authoritarian state and have no place in a democracy.”
The writ petition further said that there is no power with SEBI to frame such a “Super Amnesty” scheme, especially since the scheme is completely contrary to the SEBI Rules and Regulations Act.
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The apex court today asked SEBI to consider within three months the application of MCX-SX seeking permission to launch an equity trading platform, which has been previously rejected by the capital market regulator.
The shares of FTIL witnessed robust buying interest from investors soon after the court decision and settled for the day with a gain of 5.75% at Rs747.10. Prior to the court decision, the stock was trading nearly flat for most part of the trading session today.
Shares of Multi Commodity Exchange of India (MCX), the FTIL-promoted commodity bourse, also settled 0.9% higher at Rs1,268.40 on the BSE in an overall weak market.
Commenting on the development, an MCX-SX spokesperson said: "We always had full faith in our regulatory and judicial institutions and systems. "We remain committed to the growth and development of Indian capital market which has a significant role to play in the overall development of the economy," the spokesperson said in a statement.
SEBI had approached Supreme Court after the Bombay High Court set aside a SEBI order rejecting permission to MCX-SX.
The apex court passed the order on the basis of a consensus reached between SEBI and MCX-SX vis-a-vis amendment to the MIMPS (manner of increasing and maintaining public shareholding in recognised stock exchanges) rules which the stock exchange also agreed to adhere to.
SEBI's counsel told the bench that regulator was willing to amend the rules within three months and Mr Salve assured the court that the company was willing to abide by the proposed amended rules upon which the court passed the order.
Earlier the Bombay High Court had set aside the SEBI order rejecting permission to MCX-SX to launch an equity trading platform, asking the regulator to reconsider afresh the bourse's application within a month.
The SEBI had rejected MCX-SX' application on grounds, including violation of the MIMPS rules which mandates promoters to hold only 5% stake.