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Narain an engaging personality who claims to drive his entire motivation from an intense spirit of devotionalism knows there is no turning back. His persistence so far has opened up small cracks in the political edifice. Faced with a common threat, the political class could now close ranks and seek to shut out the prospects of public scrutiny.
                  Frontline, March 25, 1995
 
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Chief Justice of India's wife's land scam : CJI must explain
Lethal nexus of Legislature, Executive & Judiciary to help CJI's family
By Vineet Narain
Recently, a UNDP report on corruption ranked India the seventh most corrupt nation in the world and we are climbing up the ladder since then! Isn’t it a matter of concern ? - certainly yes, for the masses who pay their hard-earned money as taxes to the Government, not for the bureaucrats and politicians and certainly not for the hon’ble judiciary - who could have guided this nation to a corruption-free path. But what happens when all the three wings of the polity combine together and go all out to work against the state to provide illegal material benefits to someone so close to the head of one of the wings of the political system in the largest democracy of the world.

The story begins from a remote area of Madhya Pradesh, a village called Piprod in Guna district. The wife of hon’ble CJI Justice A.S.Anand, Mrs. Mala Anand originally belonged to Gwalior in M.P. Her father and grandfather were high ranked army officials and they had ancestral land in village Piprod. In the year 1951, her father Major General Yadunath Singh & grandfather Major General Girdhari Singh managed to get 47.847 hectares of govt. land allotted to them. After the death of these two gentlemen, their sole heir Mrs. Sushila Singh, mother-in-law of Dr. Anand was asked to pay the land revenue. When she failed to pay the revenue, the land was taken back by govt. on 25-7-1973 under the provisions of M.P. Land Revenue Code. Dr.Anand, her son-in-law was at that time a practising lawyer in Punjab & Haryana High Court. As Mrs. Singh held 62.24 acres of land in her name besides this 47.847 hectares and lawyer Anand being familiar with land ceiling laws, they didn’t oppose the reversion of this land to govt. because in any case, this land would have gone back to the govt. under the ceiling laws. Subsequently this land was allotted to M.P. Seed & Farm Development Corporation, a body owned by M.P. Govt. and it is still in possession of the Corporation.

Later on, Dr. A.S. Anand became a High Court Judge and was subsequently elevated to the hon’ble Supreme Court. All the lands under the name of Mrs. Singh were sold to her relatives in Guna district so that ceiling laws should not become a barrier in their future plans. Then in the year 1993, after almost 20 years, Mrs. Anand & Mrs. Singh instituted a civil suit (copy with Kalchakra) in the court of Civil Judge Class II at Chanderi in Guna district claiming the action of reversion of land to govt. on 25.7.73 as illegal. Their contention was that the action by govt. was done without their knowledge. Is it really possible that the owner of such a huge tract of land did not know that his land was being used by someone else since last 20 years ? They suppressed the fact that the revenue official deciding their case in 1973 (Naib-tehsildar) had informed them by registered letter and in fact, had given them opportunity to represent before actually taking over the land. The records contain the acknowledgment of registered letter as well as a reply from none other but Mrs. Singh herself requesting the naib-tehsildar to grant some time for payment of revenue.

Mysteriously, the Judge believed them and didn’t bother to look into the records though it had been presented to him. The claim of Mrs. Anand & her mother was that the revenue official did not try to inform them (para 7 of the civil suit). They further claimed that the institution of revenue case 18 B25/73-74 was not in their knowledge and they came to know about this case only on 25-3-89 when her mother actually saw the state possession (para 8, of the civil suit). The best option for the judge was to go through the revenue case mentioned above and the case file was before him. If he would have done that, he would certainly have found out the noting by Naib-tehsildar made on 12-1-72 (copy of the proceedings with Kalchakra) which says that registered letter should be sent at Murar (Gwalior) address or the noting on 1-3-73 which says that "letter issued, reply received as well. But the money (land revenue) has not been deposited so far". The land was subsequently reverted to govt. on 25-7-73. Why the Judge failed to notice these two notings or rather chose to overlook these two notings is inexplicable. But the suppression of fact regarding ignorance of the previous case in 1973 by the two ladies is obvious.

Another strange aspect of this case is a direction by the hon’ble High Court of M.P. issued on 12.1.95 (copy with Kalchakra). The order says that the case is an old one and hence should be decided within six months! The suit had been instituted on 27-2-93. It is a well known fact that the judicial process in our country is very slow and it takes years to decide a case. What prompted the hon’ble High Court to issue such directions for a case which was only two years old is another mystery !

The hearings afterwards were quite smooth. The court granted the two ladies special favour by recording their statements in their residence at 10, Tuglaq Road, New Delhi instead of the court room. The outcome of the case was obvious. The court adjudged the proceedings of the revenue official as null and void on the ground of non-information to the interested parties and violation of natural justice i.e. opportunity of hearing not given. The decree was granted on 17-9-96 directing the non-applicants i.e. the state govt. to either give equal amount of land or appropriate compensation (copy with Kalchakra).

The Corporation went in appeal before the Additional District Judge (ADJ). The ADJ was very prompt in deciding the case as he dismissed the appeal in just 14 months on 15-12-97 (copy with Kalchakra). The state govt. presented the second appeal on 9-1-98 in the hon’ble High Court, but the hon’ble High Court was even more prompt in deciding this case. Mr.Justice AS Tripathi dismissed the second appeal on 18-3-98 through a cryptic order within two months. Sh R.A. Raman was the govt. advocate while Sh. KK Lahoti advocate represented Mrs.Anand !!
The State govt. presented an SLP in the hon’ble Supreme Court. This was a bit tricky as the matter could have gone to any hon’ble Judge and knowledge to other hon’ble Judges of the Apex Court might have created problems. So pressure was put on State govt. through the Principal Secretary, Law & Legal Affairs, Govt. of M.P. who happened to be an officer from Judicial Service. On his recommendations, the SLP was withdrawn from the Supreme Court on 18-8-98 !!!

Thus the wife of the hon’ble CJI was able so far to get a final order in her favour. Once the order became final, she claimed for a compensation at the rate of Rs.2,58,372/- per hectare. The total compensation claimed is Rs. 1.24 crore.
The matter didn’t end here. As the state govt. was not coming forward to pay the compensation and the lady didn’t want to claim through the judicial procedure because it would have given a wide publicity to this case, again pressure was created through the Principal Secretary (law), Mr.S.S.Sarraf to pay the compensation. A meeting was called by none other but the Chief Minister of M.P. himself on 10-2-99. It was attended by the high officials of the state including the Chief Secretary. The decision was made in the meeting to give equivalent amount of land to the two ladies - the wife & the mother-in-law of the hon’ble CJI. The process of land transfer is on through the Collector of Guna.

Thus the wife and the Mother-in-law of the hon’ble CJI has so far been able to get orders in their favour by suppressing the facts known to them. Certain facts of the case are a definite indication of misuse of power for personal gains. The questions which create substantial doubts are -
1.)
Why did Mrs. Anand wait for 20 long years to file a suit in civil court when her mother was well informed in 1973 regarding the revenue proceedings? Was she waiting for the appropriate time when she could influence the decisions?
2.)
Why did Mrs. Anand and her mother Mrs. Singh suppressed the fact in the court that the later had been informed about the revenue proceedings in 1973? In other words, why did the two ladies lie on oath that they didn’t have the knowledge of revenue proceedings in 1973 ?
3.)
Why did the civil judge at Chanderi overlooked the facts on record regarding intimation by the revenue official to Mrs. Singh and the reply sent by Mrs. Singh to the naib-tehsildar and accepted the plea of the two ladies that they had not been informed of the proceedings by revenue court ?
4.)
Why did the civil judge or the appellate courts not pay attention to the fact that as per the law of adverse possession also, the two ladies were not entitled to get the land back as the land was in possession of the Corporation for more than 12 years ? Was there any pressure from somewhere to overlook the most obvious legal aspects ?
5.)
Why did the civil judge order the statements of two ladies to be recorded at 10, Tuglaq Road, New Delhi in stead of his court room? The ladies were petitioners and it was their duty to be present in the court room to give their statements. Can any govt. advocate freely cross-examine the wife and the mother-in-law of a Supreme Court Judge at his residence ?
6.)
What compelled the hon’ble High Court of M.P. to give direction to the lower court to dispose a two-year old case within six months when there are so many cases pending in the civil courts for much longer time and no such directions are being issued in those cases ?
7.)
What are the reasons behind quick disposal of this case in first & second appeal when there are huge pendencies in the civil courts and it takes years to dispose a case at each level? In this case, the ADJ took a little over a year while the hon’ble High Court took just two months to decide the case!
8.) What were the compelling factors behind withdrawal of SLP from the hon’ble Supreme Court ?
9.) What forced the Chief Minister and the Chief Secretary of a state to take interest in a case which does not bear any significance in the working of a state govt. directly ?
The recent trend of judicial activism did certainly generate a lot of faith among the common masses towards judiciary and people have started looking towards judiciary as an active agent and a saviour from the widespread net of corruption. But if the judiciary adopts such behaviour, then it is bound to generate a lot of frustration in the masses and a complete loss of faith towards democracy. Can the persons responcible for their unprecedented show of favour plead innocence in the eyes of public by answering the above questions ? If not, at least the honest parliamentarians, social activists, journalists, jurists and members of the SCBA should activate themselves and take further action so that such stories are not repeated. As usual, Kalchakra team has performed its obligation and now the ball is in the court of the so-called 'saviours of the democracy' & 'Rule of Law' in the country.
 
 
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