Covid Scam: Action on panel report after cabinet approval, says Siddaramaiah
Bengaluru/Hubballi, Nov 10: Karnataka Chief Minister Siddaramaiah on Sunday said the investigation into the COVID-19 pandemic related irregularities will start after the cabinet approval.
He said the sub-committee was examining the report given by the Justice Michael D' Cunha Commission of Inquiry which investigated alleged irregularities in the purchase of equipment and medicines during the Covid 19 pandemic when the BJP was in power.
"It has not come before the cabinet. The sub-committee is examining the report. Once the sub-committee submits its report, we will discuss that in the cabinet," Siddaramaiah told reporters in Hubballi.
Karnataka Health Minister Dinesh Gundu Rao had said on Saturday that the Commission has recommended for the prosecution of Yediyurappa and former minister B Sriramulu in connection with the alleged irregularities in purchase of equipment and medicines during the pandemic.
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The Karnataka government on October 11 decided to constitute a Special Investigation Team (SIT) and a Cabinet sub-committee to take further action on the D' Cunha commission report. In the "partial" report submitted on August 31 in 11 volumes, the Commission examined the expenditure to the tune of Rs 7,223.64 crore.
Yediyurappa had said there was no question of getting scared by "these threats".
The government was trying to create confusion by digging into the past and this will not serve any purpose, he added.
Reacting to Yediyurappa's comments, Siddaramaiah said, "These are not empty threats. We have formed a Commission headed by Justice Michal D'Cunha. Based on his report criminal action will be taken."
"Let's see what he (Yediyurappa) will do after the criminal action is initiated," Siddaramaiah added.
"Judiciary is meant for delivering justice. Isn't it for punishing those who have committed wrong," he sked.
Home Minister G Parameshwara too hinted at prosecuting former Yediyurappa and others based on the report. He too said the state cabinet will decide the next course of action.
"It has been said (in the report) that in this (PPE kit) purchase alone there was a loss of almost Rs 15 - Rs 16 crore. Naturally, the government will take the next steps. The cabinet will decide on it," Parameshwara told reporters.
Meanwhile, Karnataka Information Technology Minister Priyank Kharge alleged that the PPE kits that were locally available at Rs 333.40 apiece during the COVID-19 pandemic were purchased from a Chinese firm and a Hong Kong firm at Rs 2,100 per kit.
Addressing reporters, Kharge said that on March 17, 2020 the then BJP government in Karnataka approved the purchase of drugs, chemicals, medical equipment, and consumables for Rs 416.48 crore.
The Need Assessment Committee of the health department had decided to purchase 12 lakh PPE kits. This was at a time when 18 lakh kits were available in the state, he explained.
To purchase 12 lakh PPE kits, a rate of Rs 2,117.53 was fixed based on an email from the Commerce and Industry Department, the Minister said. He cited the email to state that there were names of two companies: a Chinese one and a Hong Kong firm.
The government did not negotiate with the vendor, did not invite tender nor did verify the prevailing market rate but whatever rate the vendor had proposed was agreed upon, the Minister alleged.
He added that the officials told Yediyurappa and the then Health Minister that three quotations had come and asked them to call for a short-term tender.
"But the Chief Minister and Health Minister termed that to be an emergency situation and asked the officials to prepare the files and they would look into them," Kharge alleged.
On April 2, 2020, the file was submitted to the government. The CM gave a direct order to purchase one lakh PPE kits and this cost the government approximately Rs 21.18 crore, he said. In all, the PPE kits were purchased for a total cost of Rs 62.57 crore.
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Supreme Court condemns 'bulldozer justice,' says executive cannot replace judiciary
Issues guidelines against demolition of properties over criminal allegations
New Delhi: In a significant judgement on Wednesday, 13 November, the Supreme Court emphasised that properties cannot be demolished solely based on criminal accusations or convictions. The Court asserted that such actions contravene the rule of law and infringe upon the principle of separation of powers, as only the judiciary has the authority to determine a person's guilt.
"The executive cannot pronounce a person guilty. If the executive demolishes the property of the person merely on the basis of accusation, it will strike at the rule of law. The chilling sight of a bulldozer demolishing a building reminds one of lawlessness, where might was right. Such high-handed and arbitrary actions have no place in a constitutional democracy. Our constitutional ethos do not permit such a course of action," the Court stated.
The judgement, delivered by a bench comprising Justices BR Gavai and KV Viswanathan, came in response to a series of petitions, including one filed by Jamiat Ulema-i-Hind, seeking to halt the use of demolitions as a punitive measure against those accused of crimes. The Court directed that public officials who engage in such actions be held accountable.
"Public officials who take the law into their own hands and act in a high-handed manner must be held accountable," the Court observed, underlining the importance of respecting due process.
Further, the Court noted that demolitions often impose "collective punishment" on the families of the accused or convicted, and therefore outlined specific guidelines to prevent misuse of such actions. Key directives included:
Authorities must issue a show-cause notice before proceeding with demolitions, giving owners at least 15 days to respond.
Property owners should be notified via registered post, and the notice must detail the nature of the unauthorised construction and grounds for demolition.
The designated authority must allow for a personal hearing, with proceedings duly recorded.
Demolition actions should be videographed, with reports sent to the Municipal Commissioner.
Even after issuing a demolition order, affected parties should be given time to challenge it legally. In cases where individuals do not wish to contest, adequate time must be allowed for vacating the premises.
The Court highlighted the adverse impact of such demolitions on vulnerable groups, observing, "It is not a happy sight to see women, children, and aged persons dragged to the street overnight. Heavens will not fall on the authorities if they hold their hands for some period."
However, the Court clarified that these guidelines would not apply to cases of unauthorised structures on public land, such as roads, footpaths, railway lines, or water bodies, or where a Court order for demolition exists.
This judgement builds upon previous stays on demolitions, including an interim order on 17 September, which prohibited demolitions across the country without Court permission except in cases of public encroachments.
