IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH :: HYDERABAD
W.P. No. / 2010
Between :
1) Citizens for Protection of Constitution
Rep. by its Secretary, Thadi Bhimarao
s/o Hanumantharao, age 36 yrs,
Dist. Convener, Mala Mahanadu
E.G.Dt. residing in D.No. 1- 214
Madhuranagar,
Kakinada .. Petitioner
Versus
1. The Principal Secretary
Home Department
A.P. State Secretariat
Hyderabad
2. The Director General of Police
Lakadikapul, Hyderabad
3. Umash Kumar, D.G.,
Anti Corruption Bureau
Mozam Jhai Market
Hyderabad
4. The Director General of Police
Vigilance & Enforcement
B.R.K.Bhavan
Hyderabad . . . Respondents
AFFIDAVIT FILED BY THE PETITIONER
I, Thadi Bhimarao, s/o Hanumantharao, age 36 yrs, residing in D.No.
1- 214, Madhuranagar, Kakinada, do hereby solemnly affirm and state as
follows.
1. I humbly submit that I, as the Secretary, Citizens for Protection of
Constitution & Dist. Convener, Mala Mahaanadu, E.G.Dt. Kakinada, am filing
this writ petition only in the interest of public as the interest of the nation,
social security and the security of the public institutions are involved in the
matter.
2. I beg to submit that the recent insecure developments existed in
the Police Department of A.P. state and its routine news in media since
6th October 2010 in respect of rampant corruption, mall administration,
mismanagement of state properties, missing of material stored in the high
secured zones from the office of the head of the state police force in the A.P.
state capital, the simmering insatiable differences in the appointment of top
broses for the wings of police, are the causes of action for this public interest
litigation.
3. The routine news in the media raising a doubt in the mind of
general public that, could a common man, live in the society reposing
confidence in rule of law when the state security cover as a whole with its
property like bullet proof jackets, kits of constabulary, their uniform clothing
and lathes even were looted from the chief office stores in Hyderabad in the
premises of DGP office, in the in-house sabotage acts of individuals in the
department and which are said to have secured back with out bringing the
offenders involved in it to the court of justice for trail and punishment.
4. The most important state organ i.e, the State Anti Corruption Wing
and its given objectionlessness in re-appointing of the public servants (who
are involved in the graft cases) by the state, handling by a fresh appointee
whose offered integrities are questioned in the media also raising a
great doubt in the mind of every one that, can the erruption of corruption in
the public institutions today be controlled by him.
5. The ACB chief Shri Umesh Kumar Esq, till the other day, was in-
charge of P & L (Provisions and Logistics) and was responsible for the
purchase of stores to the police department to the tune of 200 crores per
annum. During his stewardship in P & L , various scams occurred and in
serials is being published in the various media – like purchasing without
tenders, hiking the prices much more than the DGS rate, the purchasing
substandard material all with the view to receive heavy kickbacks at the
expense of the State exchequer. For instance 1 lakh pairs of shoes were
ordered from a Noida based small firm on nomination basis at the rate of
750.00 per pair, when the DGS rate was 300.00 per pair. Further it may be
noted that the entire strength of police force is only 85,000. Further this
order was placed one day before he handed over the charge of the post of P
& L that too in the face of the High Court’s orders. As a result of substandard
material pertaining to Bullet proof jackets and riot gear the police
association also agitated over their safety because an IPS officer Hemanth
Karkare in Mumbai terrorist attacks was killed by a bullet which pierced
through his defective bullet proof jacket. So, the A.P. state protectors also
have to meet the same fate because of the available bullet proof jackets
purchased by the Gentleman who is now the head of the state A.C.B.Wing.
6. Apart from these series of charges another important angle reported
in SAAKSHI Telugu Daily dt. 7.10. 2010 which agitates every one of us is
these missing bullet proof jackets was to go in to the hands of Maoists as
they alone need them apart from the police and as they are not available in
open market. The staff working in the P & L wing under the supervision of
this Gentleman obviously resorted to this extreme antinational step of
negotiating with Maoists to sell this jackets for high Price obviously having
use to corruption in an unabated manner.
7. In the audit check it was discovered that about 50% of the material
alleged to have been purchased is only on paper and booty was shared
between the higher-ups of P & L and the supplier. This has to be reckoned
was his style of functioning even when he was working in Greyhounds where,
with the same supplier (whom he has introduced in DGP’s office after he took
over in the P & L) he was showing 90% the rations and dry fruits meant for
constabulary on paper only.
8. So the above acts of the present DG of ACB of the state of A.P. gave
a new meaning to the Law of Logistics what his colleagues have to obey and
the public has to suffer.
9. I beg to submit that the loss of innocent citizens in
the terrific attacks in the GOKUL CHAT and LUMBINI PARK in the state
capital, Hyderabad, would repeat in future because of the present
addressing administration in the wings of state as well as the public
protection agencies. I beg to submit the above series of news published in
media prove the fact that the insecurity in the minds of the public is ensured
by the acts of malfeasance and malefic administration of different wings in
the A.P. state home department. The public servant who violates provisions
of law is not supposed to continue as public servant as the pubic cannot
expect a honest discharge of public duties from him in the above existed
state of affairs.
10. I humbly submit that the Times Of India Daily News Paper dt.
th
11 Oct., 2010 published in page No. 2 about Sri Umash Kumar,
the 3rd respondent herein, that “ Question mark on Umesh ? . . A scandal is
brewing in the police department what with fingers being pointed at the
dubious quality of the equipment purchased for the constabulary. At the
receiving end of allegations ( nothing is proven) is Director General of Anti
Corruption Bureau ( ACB) Umash Kumar who was Addl. Director General
incharge of Provisions and Logistics earlier. A little bird tells us that Umesh
Kumar rattled by the exposures went running to Chief Minister garu to
convince him that he was not the final authority on the matter when the
purchases were made. The files had been ratified by the then Director
General Girishkumar, he contended. We do not know how Rossaiah garu
reacted but the grapevine is that before trying to reach the Chief Minister,
Umesh ran to public adviser K.V.P.Ramachandrarao. KVP excused himself
saying that he could do nothing to help Umesh because he did not deal with
these matters atall. For those who came in late, Umesh’s appointment at ACB
Chief - less than two months ago - had surprised many with complaint
against him at Bureau. At that time SSP Yadav was ACB Chief a few years
ago, an intelligence report landed at the Bureau about the questionable
purchasers of some stuff for the elite greyhounds. The report, a little bird
tells, raised some questions about the role of Umesh. At that time, the intel
chief was present Director General of Police Aravindarao and Yadav averring
that batch rivalry is behind the report did not move forward. Aravindarao and
Umeshkumar are both form the 1977 batch of I.P.S.” In view of the above
publication, the respondent No.1 herein may be subpoenaed to this Hon’ble
Court to trace out the truth which must be the ultimate subject in the rule of
law.
11. I beg to submit that the news published in Saakshi page No. 12 on
13th of October 2010, revealed that the differences inferno among the top
brasses in the A.P. state police went up to the extent of complaining one
against another and circulating anonymous leaflets with the name and style
of A.P. IPS CADRE in the state of A.P. In this episode the explanation of
Mr.Clean that was offered to the public by the learned controversial
appointee to state ACB wing with his photo non-controversially proved a fact
that the present ACB wing of the state which is not competent body to
enquire and deal with the above issue as itself caught into shadow of
corruption. So the other only enquiry wing of the state which is V & E
(Vigilance & Enforcement) whose head is known for impeccable integrity and
who in the recent facts he done a wonderful job by un ear thing a sensational
scam in T. T. D. as reported in the press.
12. In view of the above facts and circumstances I submit that the
Hon’ble High Court may be pleased to take the matter above as Public
Interest Litigation (PIL) besides subpoenaing the personal of concerned
department involved in the matter reported before this Hon’ble Court with
relevant record. I am herewith enclosing the relevant papers for your
Lordships kind consideration.
I, therefore, pray that the Hon’ble High Court may be pleased to
appoint a commission to be headed by a sitting judge of this Honourable
court to conduct meticulous and thorough enquiry in the above scams and
report the same to this Hon’ble Court to facilitate the further action to be
taken by this Honourable court basing on the said report.
I, therefore, pray that the Hon’ble High Court may be pleased to
recommend the removal of 3 rd respondent from the wing of ACB, A.P. State
in view of the public interest.
I, further pray that the Hon’ble High Court may be pleased to grant
interim stay, staying functioning of 3rd respondent as the D.G. for A.C.B. of
A.P. Hyderbad, pending disposal of the above writ petition, in the interests of
justice.
Be pleased to consider
Deponent :
I, Thadi Bhimarao, s/o Hanumantharao, age 36 yrs, residing in D.No.
1- 214, Madhuranagar, Kakinada, temporarily came down to Hyderabad and
submitted the above facts in the above petition, do hereby declare that they
are true to the best of my knowledge, belief; I hereunder signed on this day
of Oct., 2010 after verification.
Attesting Officer.
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Subject: please peruse and finalise
To:
[email protected]Date: Thursday, 14 October, 2010, 8:31 PM
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insatiable differences in the appointment of top bosses for the wings
of police made me to write this letter with a fond of hope and belief
that unless judicial intervention in to the matter is there, the said
issues cannot be settled.
3. The routine news in the media is raising a doubt in the
minds of the general public that, whether a common man like me,
could live in the society, reposing confidence in the rule of law when
the state
security cover as whole with its property like bullet proof jackets,
kits and riot-gear of constabulary, their uniform clothing and
lathees even were looted from the chief office stores in Hyderabad in
the premises of DGP office , in the in-house sabotage acts of
individuals in the department and which are said to have secured
back without bringing the offenders involved in it to the court
of justice for trail and punishment.
4. The most important state organ i.e, the State Anti-
Corruption Wing with its given silence in the re-appointing of the
public servants involved in the graft cases, by the state, handling by
an afresh appointee whose offered integrities are questioned in the
media also are raising a great doubt in the mind of every one that,
can the corruption in the public institutions today, be
controlled by him.
5. The ACB chief Shri Umesh Kumar Esq., till the other
day, was in-charge of P & L (Provisions and Logistics) and was
responsible for the purchase of stores to the police department to a
tune of 200 crores per annum. During his stewardship
various scams occurred in P&L and serials is being published in the
various media – like purchasing without tenders that too when
theHigh
Court has issued orders in W.P. No. 4507/ 2010 passed by
Hon’ble Justice C.V.Nagarjunareddy saying “ not to go for any more
purchases
“ , hiking the prices much more than the DGS rate, purchasing
substandard material all with an eye on the heavy kickbacks at
the expense of the State exchequer. For instance 1 lakh pair of
shoes was ordered on a small Noida based firm on nomination basis
at
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corruption.Further the fact that Hon.CM hmself posted him to ACB
inspite of having been kept in innocuous posts all these years
because
of his notorious ill- reputation, clearly indicates rank nepotism and CM
is not
inclined to take any action against him. Further DGP instead of
suspending the store DSP and registering a case against him who is
was
responsible for the loss bullet proof jackets simply
transferred him and wetting down the whole issue by giving press
statements obviously under pressure. Even after police association
afraid of using defective riot gear represented to order action DG is
unmoved. His intentions are clear. So the other only enquiry wing of
the state which is V & E (Vigilance & Enforcement) whose head is
known
for impeccable integrity and who in the recent past has done a
wonderful job by unearthing a sensational scam in T. T. D. as
reported
in the press. We are helpless in these circumstances because CM
and DGP
are both not interested to go ahead for reasons best known and
tainted
AC chief himself is involved in this scam which has bearing on
National Security,safety of constabulary and Inspectorate apart
causing huge loss to public money.
12. In view of the above facts and circumstances I
submit that the Hon’ble High Court may be pleased to take the
matter above as Public Interest Litigation (PIL) besides subpoenaing
the personal of concerned department involved in the matter reported
before this Hon’ble Court with relevant record. I am herewith
enclosing the relevant papers for your Lordships kind consideration.
I, therefore, pray that the Hon’ble High Court may be
pleased to issue a writ most particularly in the nature of writ of
mandamus directing the 4th respondent herein to conduct meticulous
and
thorough enquiry in the above matter and report the same to this
Hon’ble Court.
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