Saturday, December 24, 2011

Veekays Newsletter 2009

VEEKAYS NEWSLETTER – 2009

Dear Friends,

Another year has gone. So much has happened. I am now a senior citizen, having completed 65 years in June. A few months back, I finally got the arrears of pension, a princely sum of one lakh rupees. Strangely enough, it did not give the same sense of ‘richness’ as when I got five thousand rupees arrears in 1973 or whereabouts. At that time, it was truly a windfall.

Coming to more serious stuff, the case filed against me by the CBI at the behest of RAW is still on. They filed a charge sheet in April. After that I withdrew my application for anticipatory bail that was still pending and applied for regular bail, which fortunately was granted. The case will now probably be transferred to the Sessions Court. Meanwhile, the case that I had filed a case in the High Court for quashing the FIR and charge sheet is still to be decided. Then there are many cases which I have filed in the court of the Chief Metropolitan Magistrate under CrPC 156 (3), asking that the CBI be directed to register FIRs and investigate the complaints I have made to them. One relates to the instances of corruption that I have reported to them and the CVC. There are four other applications, asking for investigation of disclosures in other books written about RAW and several articles, some of which I have used as reference material.

In addition, I have filed RTI applications with several departments, such as the Cabinet Secretariat, NSCS, MHA, Law Ministry, PIB, National Archives, CBI and the CIC itself. Since most of them refuse to give the information requested, these have now reached the CIC. Some have produced interesting results. In a case involving the NSCS, which was asked to give me copy of the GOM Report on National Security, they ‘arranged’ another hearing at short notice, about which I was not informed, and obtained an order which was favourable to them. Using the RTI route, when I asked the CIC for proof of the intimation sent to me, they could not do so. They claimed to have sent it on Fax to a couple of others (Praveen Swami of Frontline and Swati Chaturvedi of Hindustan Times who had published extracts from the Report, which NSCS says is classified). The Fax numbers were tried and found to be wrong. When I confronted the CIC, Mr Wajahat Habibullah with this, he agreed that there had been a slip up in his office. I filed for review in April, but the case has still not been heard. It probably never will, since the CIC’s staff is involved.

In another case involving corruption in RAW, I was not allowed to attend the hearing, on the ground that classified documents were being produced. The case was decided in my absence, based on submissions by a lawyer (I wonder how he was allowed to attend and not I). In response to an RTI application filed by the correspondent from Outlook, who was also not allowed to attend, the CIC informed that as per their records I had attended the hearing. They sent a photo copy of the attendance sheet, in which my name was written. The only problem was that it was not in my handwriting. It just shows that our intelligence agencies have subverted almost every organ of the government, including judicial bodies.

There is another very interesting case concerning the PIB (Press Information Bureau). They issued a press release about the GOM Report on 23 May 2001, the day it was released by LK Advani, the then Home Minister. It gives details from the chapter on intelligence which was deleted. When I asked them to tell me the name of the officer who authorised the release and the ministry or department from where they received it, they said that they have no records! I have filed complaints with the CIC and the hearings are still on.

Of course, the most interesting case relates to the AWHO. After taking over a flat in Sector 56 in Gurgaon in 2002, I measured the size of the rooms and discovered that the area was less than what was claimed by the AWHO. I had filed a complaint in State Consumer Commission in Delhi in 2003. After about four years I noticed that my case is always listed in the end and is thus never heard. A little amateur detective work revealed that the lawyer employed by the AWHO has ‘arranged’ this, through the subordinate staff. I put this in writing and gave it to the Registrar. At the next hearing, I also mentioned this to the Chairman, Justice JD Kapoor, who assured me that he would decide it in the next hearing. Using the RTI route again, I got a copy of the building plan from HUDA, which had approved the construction of the project. According to HUDA, the super area of the flat was 1269 sq ft, whereas the AWHO had been claiming that it was 1412 sq ft. Vide an order passed on 20 Jan 2009, the AWHO was asked to pay me Rs 75,000 within one month. Copies of the order were given on 18/3/2009.

As expected, the AWHO did not pay up. After a month had passed and they did not appeal in the National Commission, I filed an application for execution of the order. Suddenly in October I received a notice for a hearing to be held in January from the National Commission. I discovered that the AWHO had filed an appeal. I wondered how this was possible, since the time limit was one month. When I went through the copy of the order that had been attached to appeal by the AWHO, I discovered that the date was different from what was given in my copy. The date of issue written in hand in my copy was 18/3/2009. In the copy submitted by AWHO, it was 18/8/2009. The figure 3 had been altered to look like 8! I brought this to the notice of the Registrar, who was shocked. He promptly raised a query with the State Commission which confirmed that copies had been given to both parties on 18/3/2009. It was a clear case of forgery. It would be interesting to hear what the judges have to say when they hear the case next week.

As you can imagine, these hearings in various courts and commission keep me busy. Just for the record, in 2009 I had to attend 4 hearings in the High Court, 20 in the CMM’s court, 12 in the consumer forum/commission, and 6 in the CIC. Then there are meetings held in lawyers’ chambers. When I get some respite from the court cases I work on the Corps History, which I expect to complete by the end if not the middle of 2010. It has to be released during the Reunion in 2011. A major problem is lack of material. Even the after action reports of 1971 are not available, with the units, CSOs or DG Sigs. I found some in the most unlikely place - the Corps Museum in Jabalpur. The same goes for Liaison Notes. Nobody has anything before 1980 or so. I do not know why we are so meticulous about destroying old records. In the National Archives, I have found military records even 200 years old, including routine correspondence. I think the whole concept of destruction of records is flawed. In times bygone there may have been short of cupboards or storage space. Today, everything can be digitised. Then why destroy anything?

Of course, I have managed to get my passport back, on the condition that I obtain permission of the court if I wish to travel abroad. I am happy, but not as much as Sukesh Jain Hopefully we will be able to resume our trips abroad this year.

This summer we decided to go to a new place in the hills. There were 16 of us (10 adults and six kids) in three cars - an Innova, a Captiva and a Swift. We spent two days in Uttarkashi, four days in Raithal (it is short of Harsil, on the road to Gangotri) and one day in Rishikesh. The major activity was trekking. My youngest grandchildren, just five years old, walked 4-5 km a day without complaining. And they insisted on carrying their own small rucksacks and water bottles! At Rishikesh we did some river rafting. It was a wonderful holiday, which made us feel at least ten years younger.

We are still staying in Gurgaon, in Palam Vihar. My son Abhimanyu and his wife Jasmine stay the first floor, with their two children, Bhuvanyu (7) and Khushi (5). My daughter Mauravi has recently shifted to Ikon Tower opposite the DLF Golf Course, to be closer to the children’s school. Her two daughters, Mriggya (7) and Eshaana (5) go to the American Excelsior School which is located nearby. Her hubby, Vaibhav is in the merchant navy and is presently at sea.

The DSOI is very close to our house and Kumud and I are regulars at the Gym. The Ansal Plaza has also come up, and we go there once in a while to watch movies. Sometimes, there are just the two of us, but they sportingly run it nonetheless. It has a Reliance Fresh outlet so I don’t have to go very far to buy vegetables.

Incidentally, my latest book (it was the result of a USI project) The Contribution of the Armed Forces to the Freedom Movement in India has been published by Knowledge World. You may be surprised to know that the main reason behind the British decision to quit India in 1947 was the realization that they could no longer trust the Indian Army. And you know who was responsible for this – the Signals mutiny in Jabalpur in 1946. If anyone interested, I can send them the relevant chapters on e mail. .

Wishing all of you a Merry Christmas and a Very Happy and Prosperous New Year.


Vinay and Kumud Singh
G-31, Palam Vihar, Gurgaon – 122017
Tele: 0124- 4074077, 9873494521, 9810618599

25thDecember2009

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