Full text of a memorandum submitted to President of India by Gujarat Congress today
New Delhi, 28 June, 2013
A delegation of Gujarat Congress today submitted a memorandum before the President of India and sought to depose Gujarat minister Babubhai Bokhiria from his office. Following is the full text of memorandum:
28th June, 2013
Hon’ble President of India,
New Delhi-110 004.
Subject: To depose Mr. Babubhai Bokhiriya, Cabinet Minister and Member of Gujarat Legislative Assembly from his office who has been convicted with 3 years sentence in an offence of minerals theft.
H.E. the President Sir,
With reference to the above subject, this is to state that Mr. Babubhai Bokhiriya, Member of Gujarat Legislative Assembly elected from Porbandar Legislative Assembly constituency who has been holding his office as Cabinet Minister in Government of Gujarat at present, has been sentenced with 3 years rigorous imprisonment in an offence of theft of public property. As per provisions of the Representation of the People’s Act, 1951, wherever any person is sentenced with imprisonment of not less than two years, provision of disqualification attracts in case of any elected Member of Legislative Assembly or the Member of Parliament.
Elected Legislative Assembly Member is considered to be a Trustee of public property. In spite of this responsibility, he has been convicted for three years imprisonment by considering the case of mineral theft of Rs.54 crores as proved. It has been a standard practice being followed in our democratic system uptil now that immediately after any criminal case i.e. F.I.R. is lodged against any Minister or his near and dear ones alleging any offence of corruption or any other offence, resignation is to be tendered on the ground of morality.
The public servant once ordered to be sentenced, cannot continue as a public servant. There is specific provision made in our laws. In the history of our democratic system, it has never happened that any person convicted has continued as a public servant or Minister even for a minute. Mr. Bokhiriya has been sentenced with three years imprisonment in case of offence of theft of public property. Mr. Bokhiriya was taken into court custody after he was declared convicted and thereafter, he has been granted temporary bail by the trial court to go for appeal. The trial court has not stayed its order of conviction and the sentence. Mr. Bokhiriya has thereafter, preferred appeal before the Sessions Court and prayed for staying the order of conviction and sentence passed by the trial court. However, ld. Sessions Court has not stayed the trial court’s order of conviction and sentence. Thus, the order of conviction and sentence passed by the trial court against Mr. Bokhiriya holding the charge of theft of minerals of public property against Mr. Bokhiriya, as proved and the said order is in vogue. Still, however, Mr. Bokhiriya has been continued as a member of Council of Ministers of Government of Gujarat. Your Honor is the Constitutional head and therefore, it is prayed that appropriate action be taken by Your Honor since Chief Minister of Gujarat is not removing from office said Mr.Bokhiriya in spite of statutory provisions that a person convicted as per law cannot continue to serve as a public servant.
Mr. Babubhai Bokhiriya has been arraigned as an accused by the local court in case of murder of Mr. Mulubhai Modhwadia and the said case is pending trial. Further, Hon’ble High Court of Gujarat has recently issued directives theft of 4 lakh liters per day from the Government water supply line meant for supply of potable water to Porbandar city when the Hon’ble High Court of Gujarat was approached since the State Government did not lend ears to the complaints of theft of potable water. In spite of the Collector, Porbandar having issued decree for recovery in respect of thefts worth Rs.250 crores committed by various companies owned by Mr. Babubhai Bokhiriya, the State Government has neither recovered money nor has lodged any police complaint in this regard. In case of Mr. Bhima Dula, the co-accused in this case and business partner and a distant brother-in-law of Mr. Babubhai Bokhiriya, who has been languishing in jail for the last 5 years, Mrs. Jagrutiben Pandya widow of late Mr. Haren Pandya has demanded for narco-analysis test of said Mr. Bhima Dula alleging his involved in murder of her late husband Mr. Haren Pandya, Ex-Home Minister and the then rival of Mr. Narendra Modi in Bhartiya Janta Party. Thus, Mr. Babubhai Bokhiriya is not being removed from his office by the Chief Minister since he is heavily obliged by Mr. Bokhiriya.
The Chief Minister of Gujarat who is claiming through publicity media that he assures clean administration, covers up hooligans in his Council of Ministers in Gujarat. Hon’ble High Court of Gujarat has, holding the scandal of Rs.420 crores as proved against Mr. Purushottambhai Solanki, Minister of Gujarat, issued directives to lodge criminal case against him and in spite of criminal case having been lodged against him, he has not been dropped from the present Council of Ministers. Said Minister Mr. Purushottam Solanki is facing various cases of serious offences where charges have been framed for the offences punishable under sections 331, 395, 397, 398, 325, 324, 323, 504, 506(2) etc. of Indian Penal Code which include Case No.99/05, no.3295/99, no.797/2008, no.62/2006. Another case being CR No.27/2012 has been lodged against him under sections 419, 420, 465, 467 and 477 of I.P.C. Thus, a hardcore criminal Mr. Purushottambhai Solanki is one of the members of Council of Ministers of Government of Gujarat.
Mr. Nitinbhai Patel, holding number two position in the Council of Ministers of Gujarat, is facing five (5) different cases of offences recorded as CR- No.92/91 for the offences punishable under sections 143, 341, 504 and 426 of IPC; CR No.45/1997 for the offences under sections 323, 504, 506(1) and 114 of IPC. Similarly, CR No.68/1997 is lodged for offence under sections 143, 342, 332, 504 of IPC. CR No.213/07 is for the offence under section 188 whereas CR No.268/05 is for the offence under section 501(A), 502(B) and 114 of the IPC. Another Minister Mr. Pradipsinh Jadeja is facing trial pending before the Metropolitan Magistrate Court for the offence punishable under sections 127 (A)(1) and 127(2) of the R. P. Act.
In Gujarat, elected Members of Legislative Assembly from Bhartiya Janta Party are also having serious criminal background. 32 MLAs of Bhartiya Janta Party are facing various cases. One of the ex-Minister of the present Chief Minister, i.e. Mayaben Kodnani is behind the bars in case of mass killing and rioting in Gujarat. Another Minister Mr.Amit Shah had been to jail as an accused of fake encounter case and the trial is pending against him.
There is Lok Ayukta Act in existence in Gujarat. In the past, no Chief Minister interfered with appointment of Lok Ayukta, however, the present Chief Minister has not allowed appointment of Lok Ayukta for the last ten years though there is Lok Ayukta Act in force in Gujarat. Large volume of corruption has taken place in Gujarat by the present Chief Minister and his cabinet colleagues. Report of the C.A.G. also suggested serious allegations of corruptions, however, no investigation is being carried out in cases of corruption since there is no Lok Ayukta in the office. Earlier, Gujarat Congress submitted before Hon’ble President detailed information with evidences in respect of 1 different scandals involving corruption worth Rs.1 lakh crores. So as to prevent any independent inquiry in this corruption, the Chief Minister of Gujarat himself appointed a Commission to inquire into these allegations which has been done following principle of “thief himself acts as police as well as the judge to try his own case”. He appointed the Commission of his own choice and made provision to submit his report to him only. From the terms of reference of the said Commission, it is evident that the corruption made by him is very huge and the Chief Minister of Gujarat himself prevents to get same exposed.
Bhartiya Janta Party Government which is holding power in Gujarat for last several years on the basis of false promises of eradication of fear, hunger and corruption, has been badly exposed once again before people of Gujarat with evidence. Not only this, MLA Mr. Madhubhai Shrivastav, Minister Mr. Purushottambhai Solanki, Member of Parliament Mr. Dinubhai Solanki and Mr. Babubhai Katara, Minister Mr. Amit Shah, MLA Dr. Mayaben Kodnani – all are having criminal record. Lastly, conviction of Irrigation Minister Mr. Babubhai Bokhiriya has added a feather to the cap of shame for the present Bhartiya Janta Party Government in Gujarat.
Recently, immediately after case of corruption was lodged against nephew of Union Minister Mr.Pawan Bansal, he resigned as a Union Minister. Bhartiya Janta Party whose official candidate is Mr. Babubhai Bokhiriya, had an uproar in entire country in the name of morality demanding that Mr. Bansal cannot continue as Union Minister since his nephew is facing allegations. Here, in this case, the court has convicted and sentenced Mr. Bokhiriya himself, and not any of his relatives, holding the case of offence of theft of public property worth Rs.54 crores proved against him. Since this sentence is for more than 2 years, Mr. Babubhai Bokhiriya cannot continue in the office as a Member of Legislative Assembly or Member of Council of Ministers. Therefore, we demand that Your Honor may kindly take appropriate action immediately for protection of the best democratic tradition of Gujarat and the Constitution of India.
(1) (Shankarsinhji Vaghela) Leader of Opposition
(2) (Arjun Modhwadia) President
(3) (Shaktisinhji Gohil) Ex.Leader of Opposition
(4) (Siddharthbhai Patel) Ex. President, Gujarat Congress Pradesh Committee
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