PIL seeks Kalmadi’s removal

Retired IAS officer Arun Bhatia and 10 other citizens of Pune filed a public interest litigation (PIL) in the Supreme Court today, seeking immediate removal of Congress MP Suresh Kalmadi as chairman of the organising committee of the Commonwealth Games. They have also demanded replacement of the committee with a new one to be appointed by the apex court.

Besides Bhatia, the petitioners include Abhijit Tumne, Warje, Indra Bhatnagar, Parade Ground Road, Sachin Pethkar, Paud Road, Akash Jain, Pimple Saudagar, Narender Chugh, Pimpri Colony, Aarti Thacker, Eden Garden, Group Capt D Parulkar (retd), Varsha Park, Major RS Bhatnagar (retd), Parade Ground, Nikhil Joshi, Rajendra Nagar and Akhilesh Yadav, Wakad.

The petitioners have pleaded that a physical audit by an independent agency of the work should commence immediately. “Work measurement and checking compliance to contracted specifications should be done by private engineers and not by those in government employment or retired. This is separate from the voucher audit done by the auditor-general,” they said. The petitioners demanded that records pertaining to tenders, work measurements and expenses about Rs 1 lakh be sealed and placed in safe custody.

The PIL said the scale of corruption, the status of those indicted and their political linkages call for the intervention of the highest judicial body of the land. “In the absence of urgent specific directions by the court to remove Kalmadi from the post of chairman of the committee, not only will investigation be compromised, but India will advertise to the world the invincibility of the corrupt public functionaries,” it said.

They argued that there was no time or rationality in petitioning and pleading with a government to remove its trusted lieutenant before approaching the judiciary. The petitioners and the people of this country have no option, but to knock at the Supreme Court door.

The petitioners pointed out that corruption pertains to lack of transparency in calling tenders, violation of basic tender procedure, established firms not being allowed to bid even after expression of interest on their part, contracts for payment of commission of firms for services in obtaining funds even when the funding came from public sector units and so on. “The physical audit done by Central Vigilance Commissioner showed work was below specifications. Cement strength, for example, failed to meet the prescribed standards. The physical audit is far more effective in such cases than the voucher audit done by the auditor general. Both are necessary,” said the PIL. The petitioners said the contention of Kalmadi that he was innocent because he has no financial powers was quite irrelevant. “What has to be seen is the actual process he set up in the office regarding obtaining and sanctioning of tenders. If he has made notes on files, approved rates and suppliers, it means he is a member of the conspiracy to rob the public treasury,” alleged the PIL.