PIL Filed In Supreme Court Seeking An Urgent LokPal Monitored Probe Into Unholy Criminal-Political Nexus Reported In 1993 Vohra Commission Report

(Judicial Quest News Network)

In an important development BJP Leader and Senior Advocate Ashwini Kumar Upadhyay has filed a PIL in Supreme Court seeking an urgent Lokpal Monitored investigation into “Criminal Political nexus “as flagged in the Vohra Committee report.

The plea submits that “Democracy is on the threshold of completing 70 years of existence. Milestones such as this have traditionally been occasions to embark upon wide ranging assessments to survey the achievements and failures, highpoints and pitfalls, as well as the future prospects of the institution concerned. It is acknowledged that democracy in India has not risen up to the high expectations which heralded its conception and the root cause of the failure is the nexus among politicians-criminals-public servants.  Criminalization of politics is the root causes of the malaise which have incapacitated the Indian democracy in particular and Indian society in general”

Petitioner requests the Court to direct the Centre to handover the complete report with annexures, memorials and written evidence (that were placed before Vohra Committee) to the Director NIA, CBI, ED, IB, SFIO, RAW, CBDT, NCB for comprehensive investigation.

Only setting-up Nodal Agency would serve no purpose for it would be as prone to failure as the agencies it sought to supervise had proven themselves to be. Therefore, the Court may setup a Judicial Commission consisting of retired Judge(s) of the Apex Court with sufficient experience of criminal matters to monitor the probe by NIA, CBI, ED, IB, SFIO, RAW, CBDT, NCB into the disclosures that would be made consequent to the directions and further legal action could be pursued by the Court once the Commission submits its complete report.

Alternatively, the Court may direct the Lokpal of India to monitor the investigation by NIA, CBI, ED, IB, SFIO, RAW, CBDT, NCB. The Court may empower Lokpal to exercise statutory powers under the CrPC and declare that it would be able to launch prosecutions against politicians-bureaucrats-criminals on the basis of evidence collected for offences under the IPC and other laws.

The Court may direct to setup Special Courts to expeditiously try all such cases referred in Report as did in petitioner’s PIL[WP(C)699/2016].”

Former Union Home Secretary N.N. Vohra headed the Committee formed to study the problem of criminalization of politics and the nexus between criminals, politicians and bureaucrats in India. The report was submitted in October,1993.

The 27 years old Vohra Committee report should be implemented in its letter and spirit in which it is alleged that under-world Don Dawood Ibrahim still has an extensive hold in Indian Politics as well as Bureaucrats.

Pointing out that report had recommended a Nodal Cell to be set up with powers to take stringent action against crime syndicates, Upadhyay alleged that no follow-up action has been taken in the last 27 years

It is also submitted that the report is speeded over 100 pages but only 11 pages of report is available in public domain leading to doubts upon its geniuses.

The Report recommended that an efficient Nodal Cell be set up with powers to take stringent action against crime syndicates, while ensuring that it would be immune from being influenced. However, no follow-up action on the findings of Vohra Committee Report had been initiated in last 27 years. In July 1995, a young political activist Naina Sahni was brutally murdered and the main accused happened to be an active politician who had held important political positions. Newspaper published a series of articles on the criminalisation of politics within the country, and the growing links among criminals’ politicians and public servants. The attention of the masses was drawn towards the existence of Vohra Report and Centre’s inaction. It was suspected that the contents of Vohra Report were such that the Centre was reluctant to make it public. As a consequence of the resulting controversy, incomplete report was placed in parliament.

The petitioner in its prayer says that

direct the Home Secretary to handover the true copy of the Vohra Committee Report with annexures and notes to the Director- NIA, Director- CBI, Director- ED, Director- IB, Director- SFIO, Director- RAW, Director- NCB, Chairman- CBDT and Chairperson- Lokpal;

b)      direct the Director – NIA, Director – CBI, Director – ED, Director – IB, Director – SFIO, Director – RAW, Director – NCB and the Chairman CBDT to take appropriate steps for comprehensive investigation of criminals-politicians nexus referred to in Vohra Committee Report;

c)       direct the Chairperson-Lokpal to monitor the investigation involving the nexus referred to in Vohra Committee Report and take steps to carry out the objectives described in Dinesh Trivedi Case[Annex P-1] 

d)      In the alternative, being custodian of the Constitution and protector of fundamental rights; constitute a Judicial Commission to monitor the investigation by NIA, CBI, ED, IB, SFIO, RAW, NCB and CBDT;