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This is an archive article published on September 4, 2004

Robbery charge in, PIL asks SC: probe Dubey’s complaint

The CBI may crow over the robbery chargesheet it filed in the Satyendra Dubey case in Patna today delinking his murder from his whistleblowi...

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The CBI may crow over the robbery chargesheet it filed in the Satyendra Dubey case in Patna today delinking his murder from his whistleblowing but a PIL being heard in the Supreme Court is set to focus attention on the engineer’s complaint of corruption.

This PIL, filed by the Satyendra Dubey Foundation and Parivartan, an NGO, based on reports in The Indian Express, got the apex court to prod the Government to commit to a whistleblower law. Now an affidavit filed last month details Dubey’s complaints in his letter to the Prime Minister’s Office and calls for a probe by a special investigative team, monitored by the apex court.

At least two of Dubey’s charges stand vindicated in more ways than one. As reported in The Indian Express last month, the National Highway Authority of India recently terminated two Golden Quadrilateral contracts and blacklisted 14 contractors for shoddy implementation. It now transpires that many of these companies are those about whom Dubey had filed written complaints and against whom specific allegations have been listed in the affidavit.

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Incidentally, the CBI, during its murder probe, had admitted that Dubey’s complaint had enough evidence to file a clutch of cases against NHAI officials and private contractors working on the NH-2 stretch where Dubey was employed.

Curiously, while the NHAI has chosen to give a token denial on many of the allegations made by Dubey, its legal action against 17 contractors nails its own version. The contracts whom Dubey had named and against whom the NHAI has now taken stringent action include M/S China Coal Construction Group Corporation and M/S Centrodorstoy of Russia which has been declared a ‘‘nor-performing’’ contractor.

Dubey’s complaints of corruption and mismanagement fall under five heads: mobilising advance to contractors; misuse of excise duty and excise duty exemptions; procurement of civil contractors; selection of consultants and preparation of Detailed Project Reports.

While all this appears general, the fine print has details:

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Advances were given to contractors in a great hurry, sometimes just a day after the contract was signed.

Diversion of funds meant as ‘‘equipment advance.’’ Instances where equipment was procured and shifted to other sites

Contractors submitting ‘‘forged’’ documents to claim excise exemptions.

Contracts, sometimes even up to 100%, sublet or subcontracted to small petty contractors.

NHAI officials did not ask for documentary proof in support of claims.

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Said counsel for the petitioner Prashant Bhushan: ‘‘The NHAI has as yet stonewalled all this and that is why we have demanded a special investigating team be set up to examine the corruption issues raised by Dubey.’’

ENS adds from Patna: According to the CBI chargesheet filed against Manto Kumar, Uday Kumar and Pinku Ravidas—all in judicial custody now—Dubey was killed by the gang after he resisted an attempt to rob him. Manto pulled the trigger, says the chargesheet filed before CBI Special Judge Sanjay Kumar Singh.

According to the CBI, Dubey was returning from Varanasi where he had gone to seek a match for his sister. But Dhananjay Dubey, Satyendra’s brother, told The Indian Express that he still didn’t believe it was a mere case of robbery. ‘‘The CBI is not consistent in what they are saying. Initially, they said bhaiya had money in the suitcase, now they are not sure. I don’t think he would have tried to resist a gang which outnumbered him.’’

Ritu Sarin is Executive Editor (News and Investigations) at The Indian Express group. Her areas of specialisation include internal security, money laundering and corruption. Sarin is one of India’s most renowned reporters and has a career in journalism of over four decades. She is a member of the International Consortium of Investigative Journalists (ICIJ) since 1999 and since early 2023, a member of its Board of Directors. She has also been a founder member of the ICIJ Network Committee (INC). She has, to begin with, alone, and later led teams which have worked on ICIJ’s Offshore Leaks, Swiss Leaks, the Pulitzer Prize winning Panama Papers, Paradise Papers, Implant Files, Fincen Files, Pandora Papers, the Uber Files and Deforestation Inc. She has conducted investigative journalism workshops and addressed investigative journalism conferences with a specialisation on collaborative journalism in several countries. ... Read More

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