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This is an archive article published on January 20, 2007

Secrets of Nithari

It is evident now that children were being killed right under the nose of the police top brass in the heart of Noida, ironically projected as an international city by the UP government.

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It is evident now that children were being killed right under the nose of the police top brass in the heart of Noida, ironically projected as an international city by the UP government. Now that the case is with the CBI, it must not reject the human organ smuggling theory while investigating the motive behind the killings of children. The main accused, Moninder Singh Pandher, is known to have been friendly with people who were earlier arrested in connection with a kidney racket. In fact, Pandher was caught by the Noida police a year ago but was inexplicably released by Inspector R.P.S. Yadav, purportedly under recommendation of someone at a higher level. The CBI must ferret out from Inspector Yadav the identity of the person whose recommendation was heeded and how much money was paid to the Noida police for letting off Pandher.

The disclosures might just further confirm suspicions about the deliberate delaying tactics of the UP government in handing the inquiry to the CBI. There seemed to be a clear motive to destroy evidence and do a quick cover-up.

It is gross insensitivity on the part of the Mulayam Singh government that it blows its own trumpet for having given plots measuring 26 yards each to families of the victims of Nithari. The much-publicised dole is little more than a formality; in fact it is humiliation for the families. Ironically, the government that doled hundreds of thousands of acres of land worth several thousand crores to industrialists at throwaway prices finds it impossible to give plots any bigger than 26 yards to victims’ families. What can one say of Mulayam Singh Yadav, who has not had the courage to go to Nithari, reportedly because he is superstitious that visiting Noida will make him lose his chief minister’s seat.

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It is a matter of concern that in lucrative cities like Meerut, Ghaziabad and Noida the entire police setup from the inspector general to constable — barring the superintendent of police — belongs to a single caste. Even an inspector of this caste realises the power of his proximity to the chief minister and is not afraid to abuse it. The caste factor is perhaps the biggest reason for the brazenness of the UP police, so much so that senior IPS officers of other castes are scared of taking to task even sub-inspectors belonging to this caste.

Fair justice

It is a good sign that the new chief justice, K.G. Balakrishnan, has been candid in his initial remarks that he wants to come down heavily on corrupt elements in the judiciary. That the lower judiciary is reeling under corruption is hardly a revelation. But the endeavour has been to protect and safeguard the sanctity of the higher judiciary.

Nobody has forgotten the case of Shamit Mukherjee, justice in Delhi High Court, who was removed for reasons of corruption. The situation is so precarious that after his transfer by the CJI, a judge in Gujarat High Court has openly contended that he would rather tender his resignation than get transferred. The judge had literally come to blows with another HC judge, reportedly over allegations of vested interests of the son of one of the two, who is a practicing lawyer. Sons as lawyers have indeed become an issue in the judiciary. Perhaps a code of conduct should be formulated for lawyer sons coming face to face with judge fathers.

A recent statement of the young justice Chandrachud is also heartening. He has pleaded for weeding out corrupt elements from the judiciary. Our system entrusts the judiciary with huge responsibility. The judiciary may have the authority to make or destroy the lives of people, but it unquestionably lacks a suitable system of accountability. I therefore applaud Balakrishnan’s taking a stand in correcting the image of judiciary and drawing a fine line between the judiciary and executive.

The writer is a Congress MP in Rajya Sabha

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