Morung Express News
Dimapur | December 20
The Supreme Court of India has constituted another Special Investigation Team (SIT) to look into various allegations including those of rampant corruption prevailing in the National Rural Health Mission (for short ‘NRHM’).
Disposing a special leave petition (SLP) regarding the issue, the apex court further directed the SIT to submit a supplementary charge-sheet, if “any substance in such allegations is found” during the investigation.
“The SIT, so constituted, shall look into all the allegations and will further consider the CAG Report, and make an endeavour to conclude the further investigation as early as possible and preferably within six months,” stated an SC order issued on December 6.
Thereafter, the SIT shall submit its report to the “Court of competent jurisdiction whereupon, the law will take its own course,” stated the order issued by the two-Bench judges comprising of Justice Surya Kant and Justice JK Maheshwari.
The 3-member SIT, as per the order, comprised of Roopa M, DIG (HR/SJ) Nagaland as Chairperson with Sanmeet Kaur, DIGP (Planning and Development) Nagaland and Amit Nigam, SP (Org Crime), Nagaland as members.
Background
As per the Court’s record, the SLP relates to a ‘Writ Petition in public interest’ filed by a social activist, before the Gauhati High Court, Kohima Bench in 2013, “seeking a fair and independent probe into various allegations including the alleged rampant corruption prevailing” in NRHM and consequential “embezzlement and misuse of funds provided by the Government of India to the officials in Nagaland State for the implementation of various programmes under NRHM.”
“It appears that after the Technical Verification and the Inquiry Report dated 07th July, 2013, a formal F.I.R. No. 04/2014 dated 30th July, 2014 on the complaint dated 02.06.2012 was lodged,” the order read.
“The High Court, on perusal of these reports etc. felt satisfied with the action taken by the respondent-authorities towards investigation of the allegations and disposed of the said Writ Petition on 16th June, 2014,” it said.
The petitioner then, among others, had requested the HC Bench for a CBI inquiry into the issue alleging ‘embezzlement and siphoning of funds amounting to crores of rupees.’
Accordingly, ‘dissatisfied’ with the outcome of the petition, the activist approached the Supreme Court in 2015 with the SLP.
For & Against
Among others, the SLP alleged that “Engineering Division of NRHM made bulk advances in cash against various fictitious works and kick-backs were allegedly paid to high ranking NRHM officials,” as per the December 6 order.
“Instead of extending helping hand to pregnant women or lactating mothers and little children at the public health centres, the funds provided by the Government of India were allegedly spent on purchasing of high and luxury vehicles,” it was further submitted.
The Advocate General Nagaland, on the other hand, denied the allegation (s) and contended that a “thorough probe has been conducted and not only a part of the allegations were turned down by the Comptroller and Auditor General of India” and even rest of the allegations have also “been thoroughly probed and a charge-sheet has been filed” after completion of investigation by a SIT.
The senior counsel for the petitioner, on the other hand, “heavily” relied upon the CAG report, noting that most allegations were substantiated.
After considering the submissions by both the parties, the Judges opined that the Court was not the “correct forum for the investigation or to reach any logical conclusion with respect to the veracity of the allegations levelled by the appellant.”
Similarly, the impartiality, objectivity and fairness of the investigation carried out by the SIT will be considered by the Court of competent jurisdiction in due course of time, they said, adding: “It is inappropriate for this Court to make any expression on these issues as it might unwittingly prejudice any of the parties.”
Accordingly, the order from the two bench Judges stated that the “most appropriate recourse, to which there is no serious objection from both sides also, would be to constitute another SIT comprising three senior IPS officers of IPS Cadre, preferably direct recruits, to further investigate the allegations.”
