Adarsh Housing Society Scam

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Coordinates: 18.9093°N 72.8167°EThe Adarsh Housing Society is a cooperative society in the

city of Mumbai in India. The origins of the scam go back to February 2002 when a request was made to the Chief Minister ofMaharashtra to allot land in the heart of Mumbai for the construction of a housing complex for "the welfare of serving and retired personnel of the Defence Services." Over a period of ten years, top politicians, bureaucrats and military officers proceeded to bend several rules and commit various acts of omission and commission in order to have the building constructed and then got themselves allotted flats in this premier property at artificially lowered prices. As the report of the Comptroller and Auditor General of India to the President of India in 2011 put it, "The episode of Adarsh Co-operative Housing Society reveals how a group of select officials, placed in key posts, could subvert rules and regulations in order to grab prime government land- a public property- for personal benefit."[1] The Central Bureau of Investigation(CBI), the Income Tax Department and the Enforcement Directorate(ED) are in the process of investigating allegations that three former chief ministers, Sushilkumar Shinde, Vilasrao Deshmukh and Ashok Chavan of the state of Maharashtra were also involved in the scam. [2][3] In an interview to The Hindu published on 26 March 2012, General VK Singh, the Chief of Army Staff ascribed many of the attempts to malign him during his tenure to, amongst others, those he described as "the Adarsh lobby", those directly connected to the scam, as well as those who were affected by his efforts to rid the army of corruption.
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Alleged violations
The Adarsh society high-rise was constructed in the Colaba locality of Mumbai, which is considered a sensitive coastal area by the Indian Defence forces and houses various Indian Defense establishments.[5] The society is also alleged to have violated the Indian environment ministry rules.[6] The scam is notable for the fact that it was enacted over a period of ten years and required the active involvement of successive officials in many crucial posts. Rules and regulations across many departments and ministries, both at the Centre and the state of Maharashtra, were flouted or bent to allow for the construction of this edifice. Some of the more blatant transgressions included obtaining a No Objection Certificate from the Army towards construction of the building in a sensitive zone, getting the MMRDA development plan modified and obtaining another NOC for residential development in Coastal Regulation Zone, often through manipulation of records and misrepresentation of facts. Efforts by honest officers to bring this to the notice of top officials were ignored.[7]

it was again raised by various newspapers and TV channels. 36 of 2010 by Mahendra Singh and others. The petitions are Criminal PIL No. denying allegations that they were allotted flats because they influenced or helped. Ashok Chavan.[12] Current state of investigation Several inquiries have been ordered by the army and the Government to probe into the irregularities.The issue was first raised in a newspaper report in 2003 but did not evoke any official reaction.[11] Some of the current allottees of the flats in the Adarsh co-operative society building have offered to return their flats. It reflects a sorry state of affairs. Questions were raised about the manner in which apartments in the building were allocated to bureaucrats. ED has not moved an inch. Expressing its unhappiness the court observed. Bombay High Court severely castigated Enforcement Directorate for its failure to initiate any probe in the matter on 28 February 2012. "It is unfortunate that ED has remained a mute spectator. There is a serious lapse on the agency's part for not probing into money laundering offence. politicians and army personnel who had nothing to do with the Kargil War and the way in which clearances were obtained for the construction of the building of the Adarsh Society.[8] In 2010.[15][18] ED having registered a case under Prevention of Money Laundering Act. Criminal Writ Petition No." The Court also rapped the CBI for the tardiness in its investigations (begun in January 2011). the construction of the society by violating the rules. We are summoning the director as there has been no assistance from his department to the court. has decided to launch attachment proceedings of the flats after going through the latest chargesheet filed by CBI. again on 12 March 2012.[9][10] It had led to the resignation of the then Chief Minister. 3359 of 2010 by Simpreet Singh and Criminal PIL No. severely castigated the CBI for not arresting any of the accused in spite of having evidence and ordered it to take action without fear or favour.[14] [16][17] The HC. 20 of 2011 by Pravin Wategaonkar. in some manner.[19] Arrests .[13] Bombay High Court monitoring of CBI investigation See also: Public-interest litigation (India) There was a spate of petitions filed in Bombay High Court seeking to monitor CBI investigation.[14][15] Reacting to these petitions and based on the slow pace of the investigation in the last two years.

the CBI carried out eight arrests including two retired Major Generals TK Kaul and AR Kumar. Brig (retd) M M Wanchu. a special CBI court granted bail to seven of the nine arrested accused in the Adarsh scam since the CBI failed to file a chargesheet within the stipulated 60 days from the time it took them in custody. Mr. the then city collector and currently. The petty cash books maintained by Jagiasi helped unearth the conspiracy. to pay a bribe of Rs 50 lakh in exchange for diluting charges levelled against him. former Defence Estate officer R C Thakur. the tainted AI official approached the CBI for dilution of the case filed against him. many of the arrested hold more than one flat in the society in fictitious names.Prithviraj Chavan announced in the legislative assembly that the two IAS officers whose names have figured in the scam. Accordingly on 22 March 2012. Union Minister and former Chief Minister of Maharashtra contended that land was allotted to the housing society after getting clearance from the Revenue Department. In a further twist to the case. IAS officer and former Mumbai collector Pradeep Vyas. J K Jagiasi and Mandar Goswami.[20][21] According to newspaper reports. of Maharashtra. According to CBI sources. Jagiasi allegedly asked an Air India (AI) official. the Chief Minister of Maharashtra. for their alleged involvement in receiving illegal gratification in the Adarsh Housing Society Scam. They have been directed to attend the CBI office every Tuesday and Thursday between 10 am and 12 pm. The court also told the accused to deposit their passports and not tamper with evidence. while deposing before the two member panel probing the scam.100).Following the Court's criticism. one of the accused in the case.[22] Gidwani and his son had been earlier arrested on 6 March 2012. finance secretary(expenditure) in the Govt. retired brigadier MM Wanchoo. by the CBI for trying to influence CBI officials investigating their alleged involvement in the Adarsh scam. former General Officer Commanding(GOC) of Maharashtra. The bail was set at 5 lakh (US$9. He was the Special Counsel in the Ministry of Law and Justice and at present is working as Retainer Counsel for CBI. Adarsh promoter Kanhaiyalal Gidwani and Pradeep Vyas. IAS officer P V Deshmukh and former Congress member of the Legislative Council Kanhaiyalal Gidwani (the chief promoter of Adarsh). Those granted bail include Maj Gen (retd) A R Kumar.[23] Jairaj Phatak and Ramanand Tiwari were arrested by the Central Bureau of Investigation on 3 April 2012. which he had bought on behalf of top politicians. the CBI officers arrested their own lawyers. Vilasrao Deshmukh.[26] . Former Congress MLC Kanhaiyalal Gidwani was reported to have as many as ten flats. Maj Gen (retd) T K Kaul. passing the buck to his successor. In addition. Pradeep Vyas and Jairaj Phatak have been suspended from government service. Rs 25 lakh was allegedly paid to Goswami. Ashok Chavan who headed the department then.[25] On 27 June 2012.[24] Bail On 29 May 2012. Gujarat and Goa.

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[4] and "the study of government decision making. state [mental health] directors..[7] However. censusmanagers. holds that rational bureaucrats only maximize the part of their budget that they spend on their own agency's operations or give to contractors and interest groups. If we refer back to Reagan once again. [edit]Dunleavy's bureau-shaping The bureau-shaping model. regional. budgeted expenditures and the growing deficit during the Reagan administration is evidence of a different reality. is to advance management and policies so that government can function. and ethics Niskanen's budget-maximizing In 1971. at all levels of government. county. He claimed that rational bureaucrats will universally seek to increase the budgets of their units (to enhance their stature). human resources (H. the analysis of the policies themselves. and cabinet secretaries."[8] The field is multidisciplinary in character. and the inputs necessary to produce alternative policies.. Groups that are able to organize a "flowback" of benefits to senior officials would. the various inputs that have produced them.[4] In the US. including heads of city.[1] As a "field of inquiry with a diverse scope" its "fundamental goal. A range of pluralist authors have critiqued Niskanen's universalist approach.R. including human resources. "until the mid-20th century and the dissemination of the German sociologist Max Weber's theory of bureaucracy" there was not "much interest in a theory of public administration. one might instead expect a jurisdiction to seek budget increases for defense and security purposes in place programming."[5] Public administration is "centrally concerned with the organization of government policies and programmes as well as the behavior of officials (usually non-elected) formally responsible for their conduct"[6] Many unelected public servants can be considered to be public administrators. organizational theory. These scholars have argued that officials tend also to be motivated by considerations of the public interest. However. state and federal departments such as municipal budget directors. thereby contributing to state growth and increased public expenditure. Dunleavy's bureau shaping model accounts for the alleged . rational officials will get no benefit from paying out larger welfare checks to millions of low-income citizens because this does not serve a bureaucrats' goals."[2] Some of the various definitions which have been offered for the term are: "the management of public programs". according to this theory. Accordingly. city managers. For instance. his model underpinned what has been touted as curtailed public spending and increased privatization.[4] Public administrators are public servants working in public departments and agencies. Professor William Niskanen proposed a rational choice variation which he called the "budget-maximizing model". policy analysis and statistics.[3] the "translation of politics into the reality that citizens see every day". civil servants and academics such as Woodrow Wilson promoted American civil service reform in the 1880s. budgeting.Public administration houses the implementation of government policy and an academic discipline that studies this implementation and that prepares civil servants for this work. a modification of Niskanen. receive increased budgetary attention. moving public administration intoacademia. Niskanen served on President Reagan's Council of Economic Advisors.) administrators. one of the various proposals for public administration's sub-fields sets out six pillars.

are often added. in fact. and participatory democracy. In the period before public administration existed as its own independent discipline. administrative law. Master's degrees The Knapp-Sanders Building. administrative law. The Doctor of Public Administration (DPA) is an appliedresearch doctoral degree in the field of public administration. public policy. The DPA requires a dissertation and significant coursework beyond the Masters level. Canada). Carleton University in Ottawa. [edit]Notable scholars Notable scholars of public administration have come from a range of fields. other related fields. The MPA is related to similar graduate level government studies including MA programs in public affairs.. problems of governance and power.decrease in the "size" of government while spending did not.D. For a longer list of academics and theorists. and political science. public administration can be compared to business administration. An MPA often emphasizes substantially different ethical and sociological criteria that are traditionally secondary to that of profit for business administrators. and the master of public administration (MPA) viewed as similar to a master of business administration (MBA) for those wishing to pursue governmental or non-profit careers[citation needed].D. Domestic entitlement programming was financially de-emphasized for military research and personnel. Differences often include program emphases on policy analysis techniques or other topical focuses such as the study of international affairs as opposed to focuses on constitutional issues such as separation of powers. . political science. and.P. see the List of notable public administration scholars article. sociology. focusing on practice. Upon successful completion of the doctoral requirements. the title of "Doctor" is awarded and the post-nominals of D. decrease. As a field. as their doctoral degree in public administration (e. [edit]Doctoral degrees There are two types of doctoral degrees in public administration: the Doctor of Public Administration and the Ph. in Public Administration. management. Some universities use the Ph. More recently. scholars from public administration and public policy have contributed important studies and theories. scholars contributing to the field came from economics.g. the home of the School of Government at the University of North Carolina.A.

[36] These organizations have helped to create the fundamental establishment of modern public administration. the country is generally not regarded as a human rights concern. It has more than 49 members from top research schools in various countries throughout the hemisphere. APSA.[1] Based on these considerations. and its history as a former colonial territory. although human rights problems do exist in India. HUMAN RIGHTS he situation of human rights in India is a complex one.[30] Also the International Committee of the US-based National Association of School of Public Affairs and Administration (NASPAA) has developed a number of relationships around the world. They include sub regional and National forums like CLAD. earning it the highest possible rating of free[2] In its report on human rights in India during 2010. unlike other countries in South Asia. as a result of the country's large size and tremendous diversity. According to the United States Library of Congress. ASPA. It is the only worldwide scholarly association in the field of public management. Venezuela. Belgium. Clauses also provide for Freedom of Speech. including the Russian Federation and the Caucasus and Central Asia. Created in 2000. scholars and practitioners who work in the field of public administration in Central and Eastern Europe. The activities of its members include education and training of administrators and managers. and torture" as major problems. based in Caracas. which includefreedom of religion. Based in Brussels. An independent United Nationsexpert in 2011 expressed concern that she found human rights workers .[31] The Center for Latin American Administration for Development (CLAD). IASIA is an association of organizations and individuals whose activities and interests focus on public administration and management. as well as separation of executive and judiciary and freedom of movement within the country and abroad. and a civil liberties rating of 3.[33] NISPAcee is a network of experts. its status as a developing country and asovereign.International public administration There are several organizations that are active. American Political Science Association (APSA)[35] and American Society of Public Administration (ASPA). Human Rights Watch stated India had "significant human rights problems". INPAE and NISPAcee. democratic republic.[32] The Institute is a founding member and played a central role in organizing the Inter-American Network of Public Administration Education (INPAE).[34] The US public administration and political science associations like NASPA.[3] They identified lack of accountability for security forces and impunity for abusive policing including "police brutality. The oldest is the International Association of Schools and Institutes of Administration (IASIA). secular. the 2010 report of Freedom in the World by Freedom House gave India a political rights rating of 2. extrajudicial killings. The Constitution of India provides for Fundamental rights. this regional network of schools of public administration set up by the governments in Latin America is the oldest in the region. this regional network of schools is unique in that it is the only organization to be composed of institutions from North and Latin America and the Caribbean working in public administration and policy analysis.

 1929 – Child Marriage Restraint Act. with one-third of the seats reserved for women.Hashimpura massacre during communal riots in Meerut. 1958-[5]  1973 – Supreme Court of India rules in Kesavananda Bharati case that the basic structure of the Constitution (including many fundamental rights) is unalterable by a constitutional amendment.  1950 – The Constitution of India establishes a sovereign democratic republic with universal adult franchise. desecrating Hindu temples. Reservations were provided for scheduled castes and tribes as well. tortured. . prohibiting marriage of minors under 14 years of age is passed.[4] [edit]Chronology of events regarding human rights in India  1829 – The practice of sati was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movements such as theBrahmo Samaj of Ram Mohan Roy against this orthodox Hindu funeral custom of self-immolation of widows after the death of their husbands.  1989–present – Kashmiri insurgency sees ethnic cleansing of Kashmiri Pandits. To nullify the decision of the Supreme Court. where the Supreme Court recognised the Muslim woman's right to maintenance upon divorce.and their families who "have been killed. 1989 is passed. the Rajiv Gandhi government enacted The Muslim Women (Protection of Rights on Divorce) Act 1986  1987 . threatened. Part 3 of the Constitution contains a Bill of Fundamental Rights enforceable by the Supreme Court and the High Courts. killing of Hindus and Sikhs. ill-treated. 1958 -Armed Forces (Special Powers) Act. Union of India that the right to life under Article 21 of the Constitution cannot be suspended even in an emergency.  1952 – Criminal Tribes Acts repealed by government. sparks protests from Muslim clergy.   1955 – Reform of family law concerning Hindus gives more rights to Hindu women. 1978 [6][7] 1984 – Operation Blue Star and the subsequent 1984 Anti-Sikh riots  1985-6 – The Shah Bano case. It also provides for reservations for previously disadvantaged sections in education.  1975–77 – State of Emergency in India – extensive rights violations take place.  1978 – SC rules in Menaka Gandhi v.  1989 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.  1947 – India achieves political independence from the British Raj. disappeared. falsely charged and under surveillance because of their legitimate work in upholding human rights and fundamental freedoms. employment and political representation. former "criminal tribes" categorized as "denotified" and Habitual Offenders Act (1952) enacted. arbitrarily arrested and detained.   1978-Jammu and Kashmir Public Safety Act. and abductions of foreign tourists and government functionaries.  1992 – A constitutional amendment establishes Local Self-Government (Panchayati Raj) as a third tier of governance at the village level.

while not mentioning the word "press". 1992 – Babri Masjid demolished by Hindu mobs. claims many lives.[11] See also: Homosexuality in India [edit]Use of torture by police The Asian Centre for Human Rights estimated that between 2002 and 2008. provides for "the right to freedom of speech and expression" (Article 19(1) a).75 in 2010 (29. The press freedom index for India is 38. chiefly targeting its Muslim minority. effectively decriminalising homosexual relationships in India. Under POTA.   2001 – Supreme Court passes extensive orders to implement the right to food.[24][25] The Indian Constitution. resulting in riots across the country. which outlaws a range of unspecified "unnatural" sex acts. preserving morality. or incitement to an offence". defamation. public order. friendly relations with foreign States.[8] 2002 – Violence in Gujarat. in relation to contempt of court. but was replaced by amendments to UAPA. with "hundreds" of those deaths being due to police use of torture.[27] The Official Secrets Act 1923 is abolished after right to information act 2005 . However this right is subject to restrictions under subclause (2). the security of the State. India ranks 122nd worldwide in 2010 on the press freedom index (down from 105th in 2009). is unconstitutional when applied to homosexual acts between private consenting individuals. person could be detained for up to six months before the police were required to bring charges on allegations for terrorism-related offenses. up to 50% of police officers in the state have used physical or mental abuse on prisoners.  2006 – Supreme Court orders police reforms in response to the poor human rights record of Indian police. such as through a lack of sanitation. Freedom of expression Main article: Freedom of expression in India According to the estimates of Reporters Without Borders. space.[13]Instances of torture.33 for 2009) on a scale that runs from 0 (most free) to 105 (least free). preserving decency.[10]  2009 – Delhi High Court delcares that Section 377 of the Indian Penal Code.  2005 – A powerful Right to Information Act is passed to give citizen's access to information held by public authorities.[9]  2005 – National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment. [12] According to a report written by the Institute of Correctional Administration in Punjab. POTA was repealed in 2004.  1993 – National Human Rights Commission is established under the Protection of Human Rights Act. whereby this freedom can be restricted for reasons of "sovereignty and integrity of India. or water have been documented in West Bengal as well. Laws such as the Official Secrets Act and Prevention of Terrorism Act [26] (POTA) have been used to limit press freedom. over four people per day died while in police custody.

representative was the killing of five people in Mau. [edit]Religious violence Main article: Religious violence in India Communal conflicts between religious groups (mostly between Hindus and Muslims) have been prevalent in India since around the time of its independence from British Rule. which was .000–25.000 women and children are trafficked from Bangladesh. Communal riots took place during the partition of India between Hindus/Sikhs and Muslims where large numbers of people were killed in large-scale violence. more than 100 Muslims[34]were killed following a militant Islamist attack on a train full of Hindu pilgrims in the Godhra Train Burning. The 1984 Anti-Sikh Riots was a four-day period during which Sikhs were massacred by members of the secular-centrist Congress Party of India.000 were killed. this law was very rarely enforced. in bringing about the resignation of powerful Haryana minister Venod Sharma.[35] Lesser incidents plague many towns and villages.000 Nepali women are brought to India annually for commercial sexual exploitation.g. In addition. some estimates state that more than 2." [28] With the liberalization starting in the 1990s.[30] [edit]Human trafficking Main articles: Human trafficking in India and Child trafficking in India Human trafficking is a $8 million illegal business in India. media control by the state was the major constraint on press freedom. it is going to remain a Government organ. 2009. and such criminalising is violative of Articles 21.. where 58 Hindus were killed. Organizations like Tehelka and NDTV have been particularly influential.. Around 10. [edit]LGBT rights Main article: Homosexuality in India Until the Delhi High Court decriminalised consensual private sexual acts between consenting adults on July 2. e.[31] Each year 20. Indira Gandhi famously stated in 1975 that All India Radio is "a Government organ.[29] In its ruling decriminalising homosexuality. 14 and 15 of the Constitution. 1992 Bombay Riots and the 2002 Gujarat violence —in the latter.[11] homosexuality was considered criminal as per interpretations of the ambiguous Section 377 of the 150 year old Indian Penal Code (IPC). Uttar Pradesh during Hindu-Muslim rioting.For the first half-century of independence. private control of media has burgeoned. the Delhi High Court noted that existed law conflicted with the fundamental rights guaranteed by the Constitution of India. However. when Militant Islamists massacred Hindus in Kerala. a law passed by the colonial British authorities. leading to increasing independence and greater scrutiny of government. Among the oldest incidences of communal violence in India was the Moplah rebellion. laws likePrasar Bharati act passed in recent years contribute significantly to reducing the control of the press by the government.[32] Babubhai Khimabhai Katara was a Member of Parliament when arrested for smuggling a child to Canada.[33] Other incidents include the 1987 Hashimpura massacre during communal riots in Meerut.

Caste politics in India. which was carried out by the militant Islamist group National Development Front. and Caste-related violence in India According to a report by Human Rights Watch.[35] Other such communal incidents include the 2002 Marad massacre.[37] Amnesty International says "it is the responsibility of the Indian government to fully enact and apply its legal provisions against discrimination on the basis of caste and descent. exclusion.triggered by the proposed celebration of a Hindu festival. ST or OBC status. . along with many nomadic tribes collectively 60 million in population. was repealed by the government in 1952 and replaced by Habitual Offenders Act (HOA) (1952). continue to face social stigma and economic hardships. despite the fact Criminal Tribes Act 1871. is expected to ratify draft principles which recognises the scale of persecution suffered by 65 million 'untouchables' or 'Dalits' who carry out the most menial and degrading work. as these former "criminalized" tribes continue to suffer oppression and social ostracization at large and many have been denied SC. "Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination."[36] The UN stated in 2011 that the caste system of India will be declared a human rights abuse. and acts of communal violence. meeting in Geneva. National Human Rights Commission and UN’s anti-discrimination body Committee on the Elimination of Racial Discrimination (CERD) have asked the government to repeal this law as well. as effectively it only created a new list out of the old list of so-called "criminal tribes. but are not being faithfully implemented by local authorities. which only adds to their everyday struggle for existence as most of them live below poverty line. denying them access to reservations which would elevated their economic and social status.[38] Denotified tribes of India. These tribes even today face the consequences of the 'Prevention of Anti-Social Activity Act' (PASA). [edit]Caste related issues Main articles: Caste system in India. Laws and policies adopted by the Indian government provide a strong basis for protection. The UN's Human Rights Council. as well as communal riots in Tamil Nadu executed by the IslamistTamil Nadu Muslim Munnetra Kazagham against Hindus.