Assam Complainant To Re-Approach Court On NRC Updation Scam
By
Nava Thakuria, New Age Islam
25 May 2023
The
complainant, whose case relating to National Register of Citizens (NRC)
updation scam in Assam was not entertained by Kamrup (metropolitan) chief
judicial magistrate’s court citing the reason that it lacks the jurisdiction to
investigate the allegations or direct the police to file a first information
report (FIR), decides to re-approach the court with a different jurisdiction. Luit Kumar Barman, a well known
Assamese entrepreneur turned acclaimed film producer, approached the court with
the plea to direct Paltan Bazar police station to register his FIR.
Barman, a
visible social media user, sued the former NRC Assam coordinator Prateek Hajela
(1995-batch IAS officer of Assam-Meghalaya cadre) along with the Wipro limited
(functioned as the system integrator in the process) and Integrated System
& Services (worked as a subcontractor and represented by proprietor Utpal
Hazarika) for their roles in Rs 155 crores money laundering during the updation
process (May 2014 to October 2019).
The CJM
court in its order on 18 May 2023 stated that it had ‘no jurisdiction to
investigate the matter’, ‘no jurisdiction to direct production of the accused’
and ‘no jurisdiction to punish the accused as per law’. So prayers of the
complainant were rejected, but it granted Barman the ‘liberty to approach the
appropriate forum with jurisdiction to redress’ his grievance.
It also
added that ‘there is no material on record to prove that a right in personam of
the accused has been violated’ and hence Barman does not have a locus standi to
file the case. The complainant introduced himself as a vigilant Indian citizen
against misappropriation of public funds and the court terms the allegation in
the nature of public interest litigation which the specific court ‘has no
jurisdiction to try’.
Barman in
his complaint argued that he has the locus standi to file it as an Indian
citizen pursuing social activities and remaining vigilant against corruption.
He also cited the Comptroller and Auditor General of India’s report for the
year ending on 31 March 2020. The highest national audit body in its report
recommended penal actions against Hajela and Wipro, an acclaimed IT company of
international repute. Hajela was appointed as NRC State coordinator to initiate
the process under monitorship of the Supreme Court of India.
Hajela,
without any due process of transparent tendering, offered the task of supplying
temporary data entry operators (DEOs) to Wipro, which later engaged one
sub-contractor illegally and paid the DEOs only Rs 5,500 to 9,100 per month
(per person) during 2015-2019, whereas it was sanctioned Rs 14,500 to 17,500
every month for one DEO by the NRC authority. Barman claims 6000 temporary
workers are yet to get their due amount under the provision of salaries as per
the country’s minimum wages act.
The CAG
report also stated that due to lack of proper planning during the NRC updation
hundreds of software utilities were added in a haphazard manner to the core
one. Asserting that highly secure and reliable software was necessary for the
exercise, but no due process was followed. While developing the important
software, a haphazard addition of over 200 software utilities to the primary
one was done. The CAG finally stated that the intended objective of preparing
an error-free NRC was not fulfilled, even though the government had to spend Rs
1,579 crore and around 50,000 Assam government servants were engaged in the
process.
The low
salary to DEOs (when the SC was supposedly monitoring the exercise) was
discussed in both mainstream media and digital outlets highlighting the State
government’s daily minimum wages for skilled, semi-skilled and unskilled
workers in various sectors. It was directed that even an unskilled worker can
legally claim Rs 240 per day (read Rs 7,200 per month), where the skilled one
should get minimum Rs 350 per day (Rs 10,500 per month) in Assam. Responsible
individuals, while commenting over the matter, pointed out three television scribes
as also being beneficiaries of money laundering in the NRC updation process.
Even some were named and shamed on social media, those anchor-journalists have
not reacted to the serious allegations.
Mentionable
is that the NRC updation process began in 2014 with an initial project cost of
around Rs 288 crore and was supposed to be completed by February 2015. But the
timeline for the project went on lingering and the final draft was published on
31 August 2019. Because of the time overruns, the project cost escalated up to
nearly Rs 1600 crore by 2022. Though claimed by Hajela the released NRC as the
final one, it’s yet to be notified by the Registrar General of India.
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Nava
Thakuria is a northeast India-based professional journalist who is an engineering
graduate
URL: https://newageislam.com/current-affairs/assam-complainant-court-nrc/d/129848
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