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Pressure, effects of politics delay CBI investigation

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Like the Federal Bureau of Investigation of America, the entire structure, rules, etc., of CBI should be made more effective.

 

New Delhi: Be it the recruitment scam of the Lalu Raj in the railways or the mining loot case of Hemant Soren in Jharkhand, leaders of parties on some TV news channels and some journalists also raise the question these days whether the Modi government of the BJP is responsible for the actions of the CBI. Is not choosing the time for your convenience and for putting pressure on opponents? But journalists like us who have covered the affairs of the CBI for four or five decades have been told by the directors of the CBI themselves that the leaders sitting in power or close to their alliance are guilty of corruption and other serious crimes. This delayed the investigation. Earlier, Joginder Singh, the most outspoken and transparent famous director in the investigation of Lalu Yadav’s fodder case, during the prime ministerships of Narasimha Rao, Inder Kumar Gujral, and H.D. Deve Gowda, told me about pressure being the reason for delay, etc. and later accepted it publicly as well. CBI Director Joginder Singhji, who gathered evidence during the investigation of leaders who had been enjoying power, was transferred by the Congress coalition government four months before retirement, that is, removed, and Lalu was jailed from the court after years. Even after this, Joginder Singh and some of his associate officials used to tell us that even during Manmohan Singh’s rule, legal action in the name of coalition compulsion slowed down and Lalu remained a minister at the Centre till 2009 and started new scams. The ruling coalition has had compulsions and impediments in its investigation into the 2G and mine distribution scams.
From this point of view, it should not come as a surprise that the investigation into the railway job recruitment scam, which began in 2021, continues till date. This fact should be kept in mind that whether it is a commission scandal or hawala scam, or coal mine distribution scandal, or 2G spectrum scam in Bofors purchase, it may take months and years to gather evidence from politicians, companies, brokers, relatives, or people close to the country and abroad. Some cases are also within the knowledge of the concerned minister not allowing legal action to reach the high court when a leader is in power. In fact, in 1972-76, when Devendra Sen used to be the director of the CBI, even in his annual report, the cases of corruption did not exceed from a few hundred rupees to a few thousand rupees. Public relations officer Bhishma Pal would sometimes give some information to a reporter like us and there would be more talk about art and culture. Then, in 1974, on my request, director Sen Saheb agreed to give an interview, and then the working of the CBI and the conversation with them appeared in details as a cover story in a leading weekly magazine, Dharmayug (Times Publications). Then director Devendra Sen told me, “The experience has been that, first of all, there is a demand to hand over a serious case to the CBI. But when the findings of the inquiry come to the fore as expected by the demanders, they begin to disbelieve it. Now tell me who will believe CBI if we start giving reports according to the demands of those who demand it? The CBI does not have either the budget or staff like the Federal Bureau of Investigation (FBI) of America, and the biggest problem is limited authority.
A few months later, we got a piece of important information about investigation into the smuggling of uranium from the Jharkhand mine. Then in the Janata Raj, the case of the destruction of the film of Kissa chair came to the CBI. But then the Congress and Indira Gandhi came to power. Due to increasing political turmoil, corruption, influence of criminals in politics, and the rise of money and muscle power in elections, the cases of scams, murders, etc., that the CBI dealt with increased in number as well as the scam amounts involved. Despite the lack of resources, the number of officers in the CBI has remained the same. In the last few years, the name of even the former director of CBI has come under controversy in the coal mine distribution scam. At present, about 182 such cases have been pending in court for 20 years. About 1,597 cases have been pending for 10 years.
With the passage of time, not only the politicians, pimps, and officials, but also the bribe givers, have become more and more clever. That’s why the CBI has to connect so many strings in collecting evidence of the railway recruitment scam. The hearing and legal action, punishment, or acquittal will be decided only after the investigation and evidence are produced in the court. But from the case registered in 2021, this serious fact came to the fore that no amount of land was given to Lalu Yadav’s family members immediately. For recruitment in the railway, two ordinary employees first took land in the name of themselves or any close ones. Then after a few years, land worth lakhs of rupees was donated to the members of the Lalu family, wife Rabri Devi, daughter Misa, Hema, etc. in charity or at a very low price. After the arrest of Lalu’s close aide Bhola Yadav and now the raids on the houses of Sunil Singh and others, the proceedings in the court will proceed with digital or other documents and any confession. Therefore, the argument of former CBI officials is correct that the Lalu family, being in power, has been adept at delaying such investigations. That’s why they feel that the BJP government and the Prime Minister are in a hurry to get the court’s punishment by speeding up the investigation by declaring a “decisive fight” against corruption. There is also a formula of defence that the leaders sitting in Opposition should make loud propaganda and the impression that they can come back to power soon. This means officers have to be careful. After all, most of the officers in the CBI come on deputation from the states. Union minister of State for Personnel Jitendra Singh had admitted in Parliament that the CBI has 5,944 sanctioned posts and 1,329 are lying vacant. The government called for names from the states and the central police force, which could be placed after the approval of the Public Service Commission. On the other hand, most of the states do not have single-party governments. The result is that eight non-BJP-ruled governments have imposed 10 restrictions on the CBI from coming to their area because their own ministers or families, or officials are being registered for being implicated in economic crimes.
However, this is not the only situation for the Lalu family. The CBI and Enforcement Directorate can continue the investigation of serious cases related to leaders like Rahul Gandhi, Chidambaram and his son Karthik, Hemant Soren family, Uddhav Thackeray, Sanjay Raut, Sharad Pawar family, Nawab Malik, Amit Deshmukh, Satyendar Jain. A lot of waiting will have to be done for justice, i.e., the verdict of punishment or innocence from the investigation and the court process. Therefore, the recommendation of many politicians and legalists should be accepted that special courts should be set up to try corruption or other types of offences related to political leaders and decide after a time-bound regular hearing.
On the other hand, like the FBI of America, the entire structure, rules, etc. of CBI should be made more effective. There is a need to bring police officers only from the states and change the ghastly law of 1960-70 empowering the Delhi Police.
Politicians who are proven innocent will get relief and punished leaders will be restrained from contesting elections to Parliament or Vidhan Sabha and coming to power.
The author is editorial director of ITV Network India News and Dainik Aaj Samaj.

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Bangladesh: Rampant Police Abuse of Rohingya Refugees

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(Bangkok) – Bangladesh’s Armed Police Battalion (APBn) is committing extortion, arbitrary arrests, and harassment of Rohingya refugees already facing violence from criminal gangs and armed groups, Human Rights Watch said today. Donor governments should press the Bangladesh authorities to investigate alleged abuses against Rohingya living in refugee camps in Cox’s Bazar, ensure that victims have effective remedies, and develop measures to better protect refugees.

The Armed Police Battalion took over security in the Rohingya camps in July 2020. Refugees and humanitarian workers report that safety has deteriorated under the APBn’s oversight due to increased police abuses as well as criminal activity. Some refugees allege collusion between APBn officers and armed groups and gangs operating in the camps.

“Abuses by police in the Cox’s Bazar camps have left Rohingya refugees suffering at the hands of the very forces who are supposed to protect them,” said Shayna Bauchner, Asia researcher at Human Rights Watch. “Bangladesh authorities should immediately investigate allegations of widespread extortion and wrongful detention by Armed Police Battalion officers and hold all those responsible to account.”

Human Rights Watch interviewed more than 40 Rohingya refugees in October and November 2022 and reviewed police reports, documenting more than 16 cases of serious abuse by APBn officers. These included abuses against 10 refugees who were detained on apparently fabricated grounds for trafficking yaba, a methamphetamine drug, or for violence-related offenses. Human Rights Watch and others have long documented the common practice by Bangladesh security forces of framing suspects with drugs or weapons.

Almost every case Human Rights Watch investigated involved extortion either directly by APBn officers or communicated through majhis, the camp community leaders. Police generally demanded 10,000-40,000 taka (US$100-400) to avoid arrest, and 50,000-100,000 taka ($500-1,000) for the release of a detained family member. Families often had to sell gold jewelry or borrow money for bribes or legal costs. Many worried about the harm to their reputation.

Several refugees were seemingly targeted for information they had shared online regarding APBn harassment of Rohingya. Sayed Hossein, 27, who works as a health volunteer with an international organization and as a citizen journalist, said that on July 25, 2022, at about 10 p.m., around 30 APBn officers arrived at his house, handcuffed him, and confiscated his laptop and flash drive. (Pseudonyms are used to protect the security of interviewees.) He said they told him he was being arrested for posting on social media about an APBn officer harassing innocent Rohingya. They took him to the police camp and demanded a bribe. When his family could not pay 50,000 taka ($500), the APBn officers forcibly photographed him with yaba tablets and sent him to the nearby Ukhiya police station.

“I asked them not to take any photos since it would impact my job and future,” Sayed Hossein said. “They said that because I’m Rohingya, I don’t have any future.” APBn posted the photos on their social media accounts. He was detained on drug trafficking charges and spent 41 days in jail before making bail. He said most of his fellow inmates were Rohingya.

Many of the Rohingya victims work for nongovernmental organizations or as teachers. Humanitarian organizations have raised concerns regarding the impact of APBn harassment on their staff and operations. Another health volunteer paid APBn officers 6,000 taka ($60) after they confiscated his work cellphone and downloaded photos and videos related to armed groups to frame him. “I still remember them smiling when they gave my mobile back,” he said. “In Myanmar, the security forces used to charge us money for anything, any time they wanted. Now in the camps, Bangladesh law enforcement is doing the same thing.”

The APBn officers arrested Soyedul Hoque, 57, in his betel leaf shop on November 2, 2022, and demanded 100,000 taka ($1,000) for his release. “Because we have such little income from the shop, we couldn’t pay the police anything,” his daughter said. He was charged with possession of 2,000 yaba tablets and remains in jail. Human Rights Watch interviewed a witness named on the First Information Report, a formal complaint, who knew nothing of the case or why he was listed.

The APBn crackdown has compounded fear and vulnerability among the one million Rohingya refugees in Bangladesh, the majority of whom fled Myanmar military atrocities in late 2017. The police abuses have escalated amid increasingly coercive restrictions on livelihoods, movement, and education in the camps, including harassment at checkpoints and closing community schools and markets.

The refugees also face threats due to the growing presence of armed groups and gangs. Bangladesh authorities should develop and carry out a rights-respecting security policy, in consultation with refugees, to protect the camp population, Human Rights Watch said. This should include providing comprehensive access to education and livelihoods to reduce illegal and dangerous economic activity.

In late October, the APBn initiated “Operation Root Out” in response to a spike in targeted killings by armed groups. The police have arrested at least 900 Rohingya since mid-2022. But refugees allege that APBn corruption has allowed criminal activity to proliferate, while Rohingya not responsible for crimes have ended up targeted in police crackdowns.

Family members of three Rohingya arrested during Operation Root Out said that the cases against their relatives were fabricated. APBn officers arrested Ali Yusuf, 23, a teacher, on October 29, claiming he had ties to the Arakan Rohingya Salvation Army (ARSA) armed group. His mother met with him at the police camp the next day.

“My son said that a number of Rohingya had been falsely arrested, accused of hoarding weapons like machetes, knives, or firearms,” she said. “He said the police had weapons and drugs in their possession and forced anyone arrested to be photographed to spread rumors about them. He told me not to pay any bribe. The majhi told me that if I paid the police money, he would be released, but I listened to my son.” In the First Information Report, reviewed by Human Rights Watch, Ali Yusuf is accused of possessing homemade weapons. His mother has not yet been able to afford the legal fees.

Several refugees said that ABPn officers beat, slapped, kicked, or otherwise assaulted them, either in detention or at checkpoints. Two were arrested when the police arrived at their homes looking for family members who were not there. Officers arrested Kamal Ahmod, 18, a teacher, on November 2 when they were looking for his father, whom they accused of being an ARSA member.

Kamal Ahmod was sent to jail when his family was unable to pay the 100,000 taka ($1,000) bribe, and later sentenced to one month in prison. “We still don’t know why my brother was sentenced to prison,” his sister said. “My mother went to prison to meet with him yesterday and saw his face was swollen from police beatings. My brother said he was tortured mercilessly.”

Mohammad Alam, 36, an activist who had assembled a list of 149 refugees allegedly abused by APBn officers, was arrested in December 2021 after police found out about the list. “I was put in a single room that looks like an APBn torture cell with equipment like sticks, rods, and electric shock materials,” he said. “They kicked me with their boots every time someone came to interrogate me.” He was released on bail in February 2022.

In some cases, refugees paid bribes that were not honored. APBn arrested a 35-year-old Rohingya man in October 2021. Though his family paid a series of bribes for his release, he remains in jail. His brother, Abul Basher, 23, was arrested on June 27, 2022, and refused to pay the 100,000 taka ($1,000) that APBn officers demanded given his brother’s experience. He paid 30,000 taka ($300) for a lesser charge, which was not upheld, and spent 70 days in jail before securing bail.

Abul Basher said the harassment and extortion has not stopped. “APBn officers keep coming to me and my family asking for bribes,” he said. “They think we are some sort of money machine. How could we pay so much money? There is no way to earn cash. There is no work. We already lost all of our gold to get my bail. We are helpless.”

Rohingya refugees in Bangladesh lack recognized legal status, which puts them on a precarious footing under domestic law and makes them vulnerable to rights violations. The Bangladesh government has a responsibility under international human rights law to ensure that the rights of everyone in its jurisdiction, including refugees, are protected, and to investigate allegations of abuses by government security forces and hold those responsible to account. Restrictions on rights cannot be imposed on a discriminatory basis, including by country of origin.

The authorities should consult refugees and humanitarian groups to improve training and monitoring of APBn units operating in the camps, Human Rights Watch said. Each camp should task and train non-APBn personnel to receive complaints against police officers filed by refugees.

The 2022 Joint Response Plan for the Rohingya humanitarian crisis received less than half of the US$881 million needed for the year. Donors, including the US, United Kingdom, European Union, and Australia, should increase funding to meet the massive protection needs of the Rohingya refugee population.

“The US, UK, and other donors should support projects to promote Rohingya refugees’ safety and protection, while pressing the Bangladesh authorities to end police abuses in the camps,” Bauchner said. “Bangladesh should do what Myanmar never has – hold those responsible for abuses against Rohingya to account.”
 

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Vietnam Dismisses Two Deputy PMS Amid Corruption Probes

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(Bloomberg) — Vietnam dismissed two deputy prime ministers — the most senior officials to be relieved of duties since 2017 — amid lengthy investigations driven by a campaign to clean up corruption and protect the Communist Party’s legitimacy.

The National Assembly voted to dismiss Deputy Prime Minister Vu Duc Dam from office during a four-day special session that began today. Pham Binh Minh, who has held the position since late 2013, was also voted out.

The parliament didn’t provide reasons for the dismissals. Prime Minister Pham Minh Chinh earlier today asked the National Assembly to dismiss Minh and Dam at their requests, VnExpress news website reported.

Of the 484 delegates who voted, 476 approved the dismissals and three didn’t vote, according to a tally provided by the National Assembly.

Delegates also voted to approve Minister of Natural Resources and Environment Tran Hong Ha, 59, and Tran Luu Quang, 55, head of the Haiphong provincial Communist Party, to replace Dam and Minh.

Party officials in September stepped up efforts to prod officials to resign if they have been reprimanded, disciplined and are deemed to have low competency. Party Chief Nguyen Phu Trong has also urged “timely” dismissals of officials who haven’t been effective in their roles or have committed wrongdoings.

The dismissals come as authorities aggressively tackle graft as part of a years-long campaign that has ensnared hundreds of officials and businessmen. The probes have defined Trong’s legacy as he serves a rare third five-year term.

There were signs this was coming for the two top ranking officials. Late last month the two were dismissed from the powerful party Central Committee. Minh, a former foreign minister, was also dismissed from the Politburo, which plays a leading role in the country’s governance. The dismissals came at their requests, Thanh Nien newspaper reported earlier. 

Police recently detained Dam’s assistant on alleged abuse of power amid investigations involving Viet A Technology JSC., a maker of Covid-19 test kits. Authorities in September also detained Nguyen Quang Linh, an assistant of Minh’s, and Nguyen Thanh Hai, director of the department of international relations under the government’s coordinating office, for alleged bribery tied to the organization of repatriation flights for Vietnamese abroad during the pandemic. Authorities have begun criminal proceedings against 39 individuals tied to the case.

Criminal proceedings have been initiated against 102 individuals tied to the Viet A Technology case. In June, police detained former health minister Nguyen Thanh Long, former Hanoi Mayor Chu Ngoc Anh, and a former deputy minister of science and technology for alleged ties to bribery and abuse of power in investigations involving the test kit maker.

Trong has warned that corruption could put the party’s legitimacy at risk as the public grows more intolerant of graft — echoing President Xi Jinping in neighboring, communist China. In one of the biggest cases to date, former Vietnam politburo member Dinh La Thang was sentenced in 2018 to 18 years in prison for violating state regulations.

Vietnam, a country of roughly 100 million people, also has much to gain economically if it can bolster its image as place to do business. 

During a corruption standing committee meeting on Nov. 18, Trong pointed to slow progress in handling some major graft cases and called for stronger actions to be taken, according to his speech posted on the government’s website.  

Authorities last year initiated criminal investigations of at least 4,646 individuals in about 2,474 cases for alleged violations tied to corruption, abuse of power and economic wrongdoings. Since early 2021, the Politburo and the party have disciplined at least 67 officials under the management of the Politburo and the Secretariat, including 5 ministers and former ministers, 13 provincial chairs and former chairs and 20 lower level officers.

In April of this year, police detained Deputy Foreign Affairs Minister To Anh Dung over alleged bribery while he organized repatriation flights for Vietnamese abroad during the pandemic.

–With assistance from Philip J. Heijmans.

(Updates the story with new deputy prime ministers in the fifth paragraph.)

©2023 Bloomberg L.P.



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Peru roadblocks resume as president urges ‘peace, calm, unity’ | Protests News

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Protests reignite in Peru after holiday pause, with many demonstrators demanding removal of new President Dina Boluarte.

Anti-government demonstrations and roadblocks have resumed in Peru after a two-week pause as the South American nation continues to reel from last month’s impeachment, arrest and detention of former President Pedro Castillo.

Peruvian protesters on Wednesday used stones and burning tyres to barricade main routes in the southern regions of Puno, Cusco, Apurimac and Arequipa, as well as in Junin, a department in the centre of the country.

The crowds chanted for the removal of President Dina Boluarte, who took over on December 7 after the country’s opposition-held Congress overwhelmingly voted to remove Castillo.

Castillo, a former rural school teacher and union leader who took office in July 2021, was impeached after he tried to dissolve the legislature and rule by decree – a move widely condemned as an attempted coup.

He was arrested shortly after the impeachment vote and has been ordered to remain in pretrial detention for 18 months on charges of rebellion and conspiracy, which Castillo has denied.

The left-wing leader’s removal followed months of escalating tensions with Peru’s Congress over allegations of corruption. It spurred demonstrations across the country, particularly in rural regions where Castillo garners much of his support.

In addition to Boluarte’s removal, the protesters also are demanding the closure of Congress — which has a high disapproval rate — along with changes to the Constitution and Castillo’s release from prison.

The new government has agreed to bring forward elections set for 2026 to April next year — another key demand of the demonstrators — but many want the vote to happen even sooner.

While the demonstrations died down over the holiday period, representatives of civil groups and unions from 10 historically left-wing regions in southern Peru announced their resumption on Wednesday.

“There are 10 blockades, mainly around Puno,” government spokesman Alberto Otarola told reporters in the capital, Lima, where a crisis centre was set up.

As a precaution, train services between the town of Cusco and the Machu Picchu historical site were suspended indefinitely on Tuesday. Some 2,000 were tourists escorted from the tourist destination. During the first wave of protests, thousands were stranded in the area after transportation was disrupted.

Soldiers and police stand guard at an airport in Peru
Soldiers and police stand guard inside an airport to keep protesters out in Arequipa, Peru, on January 4, 2023 [Jose Sotomayor/AP Photo]

In mid-December, Boluarte’s administration declared a 30-day, nationwide state of emergency, suspending certain civil liberties and authorising the police and military to be deployed in a bid to stop the demonstrations.

Television footage on Wednesday showed police and the army guarding the headquarters of public institutions in areas where protests were announced, including Ayacucho, which has been a centre of the recent unrest.

In a speech from Lima, Boluarte again called for a return to calm.

She blamed the protests for “delays, pain, economic losses” and urged “peace, calm, unity to promote development of the homeland”.

But in the mountainous Apurimac region, protest leader Milan Knezvich said the struggle will continue. “No one will want to talk to her. As long as Mrs Dina Boluarte does not resign, this will continue,” he told Exitosa radio.

On Tuesday, thousands of people marched in Lima and elsewhere demanding “peace and tranquillity”. The country’s human rights ombudsman has said 22 people were killed in protest-related clashes and more than 600 were injured so far.

People march during a rally for peace in Lima, Peru
People walk during a march asking for peace, in Lima, January 3, 2023 [Sebastian Castaneda/Reuters]

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