Meanwhile,
faced with the possibility of high-level corruption within the NHAI, Dubey
wrote directly to the Prime Minister, Atal Bihari Vajpayee, detailing the
financial and contractual irregularities in the project. While the letter was
not signed, he attached a separate bio-data so that the matter would be taken
more seriously. Despite a direct request that his identity be kept secret and
despite the letter’s sensitive content, accusing some of Dubey’s superiors, the
letter along with bio-data was forwarded immediately to the Ministry of Road
Transport and Highways. Dubey also sent the same letter to the Chairman of the
NHAI. Soon Dubey received a reprimand: the vigilance office of NHAI officially
cautioned Dubey for the impropriety of writing a letter directly to the Prime
minister. In the process, through connections in the NHAI and the Ministry, it
is likely that the letter may have reached the criminal nexus running the
highway construction projects in Bihar. Following the event, pressure is
mounting in India to incorporate a Whistleblower Law.
The
letter said the NHAI officials showed a great hurry in giving mobilisation
advance to selected contractors for financial consideration. “In some cases the
contractors have been given mobilisation advance just a day after signing the
contract agreement.”
“The
entire mobilisation advance of 10 per cent of contract value, which goes up to
Rs 40 crore (USD 10 million) in certain cases, are paid to contractors within a
few weeks of award of work but there is little follow up to ensure that they
are actually mobilised at the site with the same pace, and the result is that
the advance remains lying with contractors or gets diverted to their other
activities,” it said.
Dubey
also highlighted the problems of sub-contracting by the primary contractors
like Larsen and Toubro.
“Though
the NHAI is going for international competitive bidding to procure the most
competent civil contractors for execution of its projects, when it comes to
actual execution, it is found that most of the works, sometimes even up to 100
per cent are subcontracted to petty contractors incapable of executing such big
projects,” he said. Everyone in the NHAI is aware of the phenomenon of
subcontracting but looked the other way. “A dream project of unparalleled
importance to the Nation but in reality a great loot of public money because of
very poor implementation at every state.” wrote Dubey. Finally, he ends: “I
have written all these in my individual capacity. However, I will keep on
addressing these issues in my official capacity in the limited domain within
the powers delegated to me,” the letter said.
it
is rather ‘Shameful loot of public money’. Why are we still standing as a moot
spectator? Why cant we just come out of out homes and start the revolution of
change and go home only when it is through? but first we have to pledge with
ourselves that we will not get involved in any unsocial activity and who is
gonna do it, nobody, cause all of us are very thickly involved in it, everybody
wants his own aish and aaram. only a gang of sarfiras can change this
society…who carry batons and beat the shit out of the culprits publicly.
On
November 27, 2003, Dubey was returning from a wedding in Varanasi, and called
his driver to meet him at the station. He reached Gaya railway station at three
in the morning, and found that the car was not able to come because of a
battery malfunction. It appears that at this point Dubey decided to take a
rickshaw home. When he didn’t reach home, his driver went to look for him and
found him dead by the side of the road in the suburb of A.P. Colony. He had
been shot. The news ignited tremendous public hue and cry. The matter was
raised in Parliament, and the Prime Minister shifted the onus of investigation
from the Bihar Police (who might themselves be implicated), to the CBI. The CBI
registered a case against unknown persons under 120-B (criminal conspiracy) and
302 (murder) of Indian Penal Code and various provision under the Arms Act on
December 14, 2003.
In
early investigations, the CBI interrogated the rickshaw puller Pradeep Kumar
who was caught using Dubey’s stolen cell phone. The mobile phone had been
switched off for about a fortnight after the murder, but then Kumar called his
‘second wife’ in Kolkata, following which the CBI traced the rickshaw puller to
his slum in Gaya. Although Kumar had a criminal history in similar cases of
robbery, it appears he was released after interrogation, and could not be
traced a month later. Two other suspects, Sheonath Sah and Mukendra Paswan,
were questioned by the CBI. They were found dead from poisoning on February 1,
2004, within 25 hours of the CBI questioning. Sah’s father lodged an FIR
against the CBI with the Bihar Police, but CBI Director Umashanker Mishra
called their deaths a suicide in a press meeting a few days later. The CBI
later arrested four persons, Uday Mallah, Mantu Kumar, Tutu Kumar and Babloo,
all belonging to Katari village of Gaya on June 6, 2004. On June 13, the CBI
arrested another accused Sarvan Paswan. In conclusion of its investigations,
CBI arraigned four persons on September 3, 2004. Based on testimony by Pradeep
Kumar, who was his rickshaw puller, the event was presented as an attempted
robbery. Because Satyendra put up a fight about giving up his briefcase, he was
shot. The person accused of actually shooting Dubey with a country-made pistol
was Mantu Kumar, son of Lachhu Singh, of Village Katari, Gaya district.
Accomplices with him included Uday Kumar, Pinku Ravidas and Shravan Kumar.
Read further story with Investigation, murder escape, who ordered the murder, ETC.. In next session.. to be cont..
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