Jodhpur: Five years after being arrested for having raped a minor on pretext of exorcism, Jodhpur Scheduled Caste and Scheduled Tribe Court, gave a landmark judgment by sentencing Asaram, a self-styled Godman, for lifetime. His associates, Shilpi and Sharad, will now have to spend 20 years in jail, as they have been awarded 20 years of imprisonment.
PM Modi, when 19 cr becomes 100 cr, its either magic or fantasy!
[dropcap]P[/dropcap]rime Minister Narendra Modi, it appears, lives in his own fantasy world. He fantasises something about his achievements and then starts believing it to be true. The latest example is the claim, he made during his recent interaction with the Indian diaspora in London. He said that he, as the Chief Minister of Gujarat, had been receiving gifts which he had auctioned over Rs 100 crore. He said that he spent this amount on girl education. Following which people started giving him cheques for girls’ education. In his own words: —
फिर मैं उसका valuation करवाने लगा, फिर मैंने उसका ऑक्शन करवाना शुरू किया। हम लोग जानते हैं हिंदुस्तान में राजनेताओं के साथ ऐसी बातें, सब सच होती हैं ऐसा भी मैं नहीं कहता हूं, झूठ होती हैं ये भी मैं नहीं कह सकता। लेकिन ये तो होता कि यार वो फलाना था, कितना ले गया। लेकिन मैं गर्व से कहता हूं कि जब मैंने गुजरात छोड़ा था तो ये जो मुझे मिलती थीं चीजें, मैं उसका लगातार ऑक्शन करता था पब्लिक में। और ऑक्शन करके उससे जो पैसा आता था वो मैं girl child education के लिए सरकार में donate कर देता था। और करीब-करीब 100 करोड़ से ज्यादा रुपए ऑक्शन से और फिर लोग मुझे चैक भी देने लगे। किसी फंक्शन में जाता था तो चीज देने के बजाय girl child education के लिए चैक देने लगे। ये amount करीब-करीब 100 करोड़ से ज्यादा था, जो मैं बच्चियों की शिक्षा के लिए दे देता था।
But in reality, all that Narendra Modi had received from the auction of the gifts during his 12-year tenure was only Rs 19 crore. Indian Express, Ahmedabad edition, had reported it on January 2, 2014: ‘In the 12 years of being at the helm in Gujarat, Chief Minister Narendra Modi has been able to contribute about Rs 19 crore to the Kanya Kelavani, a programme floated by his government for girls’ education in the state. Modi contributed the money to the state treasury after auctioning 18,000-plus gifts, that he had received by him, in a public auctions, stated an official release here on Wednesday”.
With so much zeal displayed by Modi towards improving the life of girls, it will not be out of place to have a look at the state of girls’ education in Gujarat when he left the State to become the Prime Minister. In June 2014, the then Human Resource Development (HRD) Minister Smriti Irani was invited to Gujarat to participate in a school function. There she promptly announced that she would replicate the Gujarat school education model to other States. She was, however, stopped by the officials of her own Ministry from making any move. She was then said to have been given a report prepared by the HRD Ministry around the same time.
The report titled ‘Elementary Education in India: Progress towards Universal Elementary Education’ had found that the average dropout rate of girls in the upper primary level in Gujarat was 8.19 per cent, which was higher than all States except Madhya Pradesh (10.27 per cent). The all-India average dropout rate for girls at the higher primary level was 4.01 percent only. Obviously the Gujarat government’s ‘Kanya Kelavani’ drive for ensuring girl child participation in education had failed. The dropout rate for the boys, too, at the upper primary level was quite high – 2.75 per cent, whereas the all-India average was 2.30 per cent.
The enrollment rate for children was also far below the objective set in the Right to Education Act of 2009. The all-India average was 88.05 per cent at the lower primary level and 70.20 per cent at the upper primary level. Gujarat lagged behind all-India average here also, with 82.92 per cent at the lower primary level and 68.39 per cent at the upper primary level. Figures of enrolment at the lower primary level for some other States were: Bihar 91.66 per cent, Chhattisgarh 93.79 per cent, Jharkhand 96.49 per cent, Madhya Pradesh 93.66 per cent, Odisha 89.05 per cent, and Uttar Pradesh 87.03 per cent.
SC judgement in Mishra case, a blow to MP Chief Minister Shivraj Singh Chouhan
The recent judgement of the Supreme Court in the K K Mishra case is a blow to Madhya Pradesh Chief Minister Shivraj Singh Chouhan. It may haunt the ruling BJP, particularly the Chief Minister, through the Assembly elections due in November this year. The apex court judgement is also a sad reflection on the session judge of Bhopal who had tried the case initially.
The case in nutshell is like this. K K Mishra, who is the chief spokesperson of the State Congress, had made the following observations at a press conference he had convened at the PCC office in June 2014: as many as 19 among the transport inspectors appointed by the State government were from Gondia (in Maharashtra) which is Chouhan’s sasural; Chouhan’s cousin Sanjay Singh had been talking on mobile to the accused in the mega-scam now known as Vyapam; and Chouhan’s wife, Sadhna Singh, had made 139 calls from the CM’s residence to the top Vyapam operators, Nitin Mahendra, Pankaj Trivedi and Laxmikant Sharma.
Chouhan took offence and filed, as Chief Minister, a defamation case against Mishra in the court of the Special Judge, Prevention of Corruption Act, Bhopal. After the sessions trial, the Judge, by its order of November 17, 2017, sentenced K K Mishra to undergo a simple imprisonment for two years with fine of Rs 25,000. Having failed to get a relief from the High Court, Mishra went in an appeal before the Supreme Court where the case was heard by a division bench comprising Justices Ranjan Gogoi, R Banumathi and Mohan M Shantanagoudar.
The bench, in its judgement delivered on April 13, observed that ‘none of the said statements, even if admitted to have been made by the appellant (Mishra), can be said to have any reasonable connection with the discharge of public duties by or the office of the Hon’ble Chief Minister. The appointment of persons from the area/place to which the wife of the Hon’ble Chief Minister belongs and the making of phone calls by the relatives of the Hon’ble Chief Minister have no reasonable nexus with the discharge of public duties by or the office of the Hon’ble Chief Minister’.
The bench pointed out that such statements may be defamatory but in the absence of nexus between the same and the discharge of public duties of the office, the remedy provided for public servants under provisions of the Cr.P.C. would not be available. Chouhan, as individual, and not as Chief Minister, should have gone before the ordinary court (the court of the magistrate).
The bench said: The press meet was convened by the appellant (Mishra) on June 21, 2014. The government accorded sanction to the public prosecutor to file complaint under Section 500 IPC against the appellant on June 24, 2014. The complaint was filed by the public prosecutor against the appellant on the very same day, i.e. June 24, 2014. The haste with which the complaint was filed prima facie indicates that the public prosecutor may not have applied his mind to the materials placed before him. ‘We, therefore, take the view that the complaint is not maintainable on the very face of it and would deserve our interference.’
The apex court allowed Mishra’s appeal and quashed all proceedings in the trial court. Desperate State BJP has been trying to argue that the trial court order has been quashed by the Supreme Court only on technical grounds and that nothing has changed substantially. This is an utterly erroneous assertion. After the Supreme Court judgement, the situation now is the same as it was before Chouhan had filed the complaint against Mishra in the special court. If he still feels defamed by Mishra’s allegations, he will have to file a fresh complaint like an ordinary person in the court of judicial magistrate.

