: आईपीएस संजीव भट्ट पर कार्यवाही हेतु चुनाव आयोग को प्रत्यावेदन : यूपी कैडर आईपीएस अधिकारी अमिताभ ठाकुर की पत्नी सामाजिक कार्यकर्ता नूतन ठाकुर ने चुनाव आयोग, सचिव, गृह मंत्रालय, भारत सरकार तथा मुख्य सचिव, गुजरात को गुजरात कैडर आईपीएस अधिकारी संजीव भट्ट और उनकी पत्नी श्वेता के सम्बन्ध में शिकायती प्रार्थनापत्र भेजा है. नूतन ने कहा है कि संजीव ने अपनी पत्नी के नामांकन प्रक्रिया में खुल कर सहभागिता की और साथ ही गुजरात के मुख्यमंत्री नरेंद्र मोदी के खिलाफ अपनी पत्नी के पक्ष में वोट करने का आह्वान किया है.
उनका कहना है कि भट्ट दंपत्ति का यह कार्य और आचरण विभिन्न चुनावी, प्रशासनिक और आपराधिक विधियों का उल्लंघन हैं. जन प्रतिनिधित्व अधिनियम 1951 की धारा 123 (7)(ए) and 123(7)(डी) के अनुसार किसी भी राजपत्रित अधिकारी अथवा पुलिस अधिकारी द्वारा किसी प्रत्याशी के चुनाव में सहयोग करना “भ्रष्ट आचरण” की श्रेणी में आता है. इस अधिनियम की धारा 129 (2) में किसी पुलिस अधिकारी द्वारा चुनाव में सहयोग करना आपराधिक कृत्य है जिसमे छह माह तक की सजा हो सकती है. अखिल भारतीय सेवा आचरण नियमावली 1968 के नियम 5 के अनुसार आईएएस तथा आईपीएस अधिकारी किसी राजनैतिक गतिविधि में कोई मदद या सहयोग नहीं कर सकते, ना ही किसी के पक्ष में प्रचार कर सकते हैं.
नूतन ने कहा है कि भट्ट दंपत्ति का यह आचरण प्रथमद्रष्टया इस कानूनों का सीधा उल्लंघन जान पड़ता है. अतः उन्होंने चुनाव आयोग और गृह विभाग को इस सम्बन्ध में एफआईआर दर्ज करने, विभागीय कार्यवाही करने समेत सभी संभव आपराधिक, चुनावी तथा प्रशासनिक कार्यवाही करने का निवेदन किया है. उन्होंने कहा है की यदि इस मामले में कार्यवाही नहीं की गयी तो सेवाओं में अराजकता और भारी अनुशासनहीनता बढ़ेगी और इन संस्थाओं की साख में भारी कमी आएगी.
प्रत्यावेदन ये है…
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To,
The Hon’ble Chief Election Commissioner,
Election Commission of India,
Nirvachan Sadan,
New Delhi-110003
Subject- About the alleged gross misconduct by Mr Sanjeev Bhatt, an IPS officer from Gujarat
Sir,
Yesterday (30/11/2012) Ms Shweta Bhatt filed her nomination papers as a Congress candidate from the Maninagar Assembly seat in Ahmedabad. Ms Shweta Bhatt is the wife of Mr Sanjeev Bhatt, a Gujarat cadre IPS officer of 1988 batch. Among many of her supposed opponents is Mr Narendra Modi, the present Chief Minister of Gujarat and a BJP candidate. There is nothing unusual or noteworthy about this news, if it were not accompanied with a highly disturbing fact.
This highly disturbing and objectionable fact is that Ms Shweta Bhatt was accompanied by her husband Mr Sanjeev Bhatt while she went to file in her nomination before the Returning Officer as a Congress candidate. As stated in The Indian Express- “He (Mr Bhatt) accompanied Shweta on Friday as she went to the Sabarmati Ashram before proceeding to file her nomination papers.” (http://www.indianexpress.com/news/cong-fields-sanjiv-bhatt-s-wife-against-modi/1038624/) The photographs of the the husband-wife couple, while going to file the nomination paper and while filing the nomination papers, flashed all through the day, 30/11/2012 and was also published in many newspapers the next day. For instance, the Hindu published the couple’s photo saying- “TAKING ON A TITAN: Shweta Bhatt, wife of the suspended IPS officer, Sanjiv Bhatt (to her left), filing her nomination papers as a Congress candidate from the Maninagar Assembly seat in Ahmedabad on Friday” (http://www.thehindu.com/news/states/other-states/sanjiv-bhatts-wife-to-take-on-modi/article4149896.ece ) as did Amar Ujala with the caption- मणिनगर विधानसभा क्षेत्र से शुक्रवार को नामांकन भरने के बाद गुजरात के मुख्यमंत्री नरेंद्र मोदी और संजीव भट्ट व श्वेता भट्ट) Similarly, the Times of India said- “Suspended IPS officer Sanjiv Bhatt played the "encouraging" husband by being wife Shweta's side as she filed her nomination from Maninagar constituency in Ahmedabad on Friday, but the couple seems to have risked disciplinary and legal troubles in the process.” (http://m.timesofindia.com/articleshow/17434365.cms) The Headlines today carried the video of the nomination- “Shweta Bhatt files her nomination papers” dated 30/11/2012 (http://indiatoday.intoday.in/video/shweta-bhatt-narendra-modi-maninagar-constituency-gujarat-assembly-elections-congress-bjp/1/235394.html).
As if this was not enough, Mr Sanjeev Bhatt joined his wife Ms Shweta Bhatt on 30/11/2012 night (at around 9-9.30 PM) in a program being aired by Headlines Today news channel before anchor Mr Rahil Kanwal where he was openly asking the people to vote for her wife. The program can be viewed on internet as tile “Sanjiv Bhatt's wife Shweta to contest Gujarat polls against Narendra Modi” at http://indiatoday.intoday.in/video/gujarat-polls-narendra-modi-shweta-sanjiv-bhatt-congress/1/235494.html.
That it is these acts of Mr and Ms Bhatt that has forced the petitioner, a Lucknow based social activist working in the field of Human Rights and transparency in governance, to approach you. She clearly declares that she is presently not affiliated with any political party and this representation has nothing to do with any political motivation but is solely based on the voice of her inner conscience. The petitioner also finds it pertinent to note that once upon a time she was an admirer of Mr and Ms Bhatt. She had always felt proud of the struggle that this couple was taking in their supposed endeavour to bring truth and justice before the people of this Nation. She herself being the wife of an IPS officer, Mr Amitabh Thakur, a 1992 batch IPS officer from Uttar Pradesh cadre, who is himself at odds with the powers-that-be and has personally suffered because of his non-confirmatory views, had openly praised Mr Bhatt for his personal grit and courage in taking on the Chief Minister of the State and standing erect despite all kinds of personal hardships. In fact, the petitioner had staged a Dharna (protest) in Meerut in favour of Mr Sanjeev Bhatt when he was arrested by the Gujarat government for some alleged criminal misconduct. She had also personally talked to Ms Shweta Bhatt saying that she stood by her in all possible ways.
Yet, now the petitioner presents this complaint petition before your august office and the reason is quite simple. In the above act and conduct of Mr and Ms Bhatt, there has been a huge and clear-cut violation of all possible rules and laws. While there have been open violations of Service Conduct Rules by which Mr Sanjeev Bhatt is governed and regarding which the petitioner is separately approaching the competent authorities, there is also the gross and clear-cut violation of various election related laws about which the petitioner would request you to take all the appropriate legal measures.
To begin with, there is section 123 (7)(a) and 123(7)(d) of the Representation of the People Act, 1951 related with Corrupt practices which says- “The following shall be deemed to be corrupt practices for the purposes of this Act-The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government and belonging to any of the following classes, namely (a) gazetted officers or (d) members of the police forces. The acts of Mr and Ms Bhatt clearly comes under the category of corrupt practices under section 123 because Mr Sanjeev Bhatt is both a gazetted officer and a member of the police force.
In addition, the conduct of Mr Bhatt is also an electoral offence under section 129 (2) which says- “No such person as aforesaid, and no member of a police force, shall endeavour—(a) to persuade any person to give his vote at an election, or (b) to dissuade any person from giving his vote at an election, or (c) to influence the voting of any person at an election in any manner.”
The acts of Mr Bhatt in accompanying Ms Shweta Bhatt during nomination procession, remaining seated with during the nomination process and even more blatantly asking everyone to vote against Mr Narendra Modi and vote in favour of Ms Shweta Bhatt is clearly an offence under the above-mentioned section because this section applies to a “member of a police force” which Mr Bhatt is, despite his present status of being in suspension.
With the above facts, I would request you the following-
Take cognizance of the above-mentioned facts and in case, the law stands as has been specified in section 123 and section 129(2) of the RP Act 1951 and no recent amendments have been made in the legal position by the Indian Parliament, the Government of India or the Election Commission, then all appropriate legal actions, including registration of a First Information Report, disqualification for voting and taking part in electoral process etc. shall be taken against those found guilty of such electoral and criminal misconduct
I would like to make it clear that if no action is taken in such a clear-cut case of utter disregard and violation of laws and your office also chooses to keep its eyes closed, then it would adversely affect people’s faith in the neutrality of the Election Commission. If appropriate action is not taken, it will lead to huge indiscipline in services and will adversely affect the reputation of this organization.
Lt No- NRF/Bhatt/ECI/01 Yours,
Dated-01/12/2012
Dr Nutan Thakur,
5/426, Viram Khand,
Gomti Nagar,
Lucknow
# 94155-34525
[email protected]
Copy to- 1. Chief Electoral Officer, Government of Gujarat, Gandhinagar
2. Chief Secretary of Gujarat, Gujarat Government, Gandhinagar
To,
The Secretary,
Ministry of Home,
Government of India,
North Block,
New Delhi-110001
Subject- About the alleged gross misconduct by Mr Sanjeev Bhatt, an IPS officer from Gujarat
Sir,
Yesterday (30/11/2012) Ms Shweta Bhatt filed her nomination papers as a Congress candidate from the Maninagar Assembly seat in Ahmedabad. Ms Shweta Bhatt is the wife of Mr Sanjeev Bhatt, a Gujarat cadre IPS officer of 1988 batch. Among many of her supposed opponents is Mr Narendra Modi, the present Chief Minister of Gujarat and a BJP candidate. There is nothing unusual or noteworthy about this news, if it were not accompanied with a highly disturbing fact.
This highly disturbing and objectionable fact is that Ms Shweta Bhatt was accompanied by her husband Mr Sanjeev Bhatt while she went to file in her nomination before the Returning Officer as a Congress candidate. As stated in The Indian Express- “He (Mr Bhatt) accompanied Shweta on Friday as she went to the Sabarmati Ashram before proceeding to file her nomination papers.” (http://www.indianexpress.com/news/cong-fields-sanjiv-bhatt-s-wife-against-modi/1038624/) The photographs of the the husband-wife couple, while going to file the nomination paper and while filing the nomination papers, flashed all through the day, 30/11/2012 and was also published in many newspapers the next day. For instance, the Hindu published the couple’s photo saying- “TAKING ON A TITAN: Shweta Bhatt, wife of the suspended IPS officer, Sanjiv Bhatt (to her left), filing her nomination papers as a Congress candidate from the Maninagar Assembly seat in Ahmedabad on Friday” (http://www.thehindu.com/news/states/other-states/sanjiv-bhatts-wife-to-take-on-modi/article4149896.ece ) as did Amar Ujala with the caption- मणिनगर विधानसभा क्षेत्र से शुक्रवार को नामांकन भरने के बाद गुजरात के मुख्यमंत्री नरेंद्र मोदी और संजीव भट्ट व श्वेता भट्ट) Similarly, the Times of India said- “Suspended IPS officer Sanjiv Bhatt played the "encouraging" husband by being wife Shweta's side as she filed her nomination from Maninagar constituency in Ahmedabad on Friday, but the couple seems to have risked disciplinary and legal troubles in the process.” (http://m.timesofindia.com/articleshow/17434365.cms) The Headlines today carried the video of the nomination- “Shweta Bhatt files her nomination papers” dated 30/11/2012 (http://indiatoday.intoday.in/video/shweta-bhatt-narendra-modi-maninagar-constituency-gujarat-assembly-elections-congress-bjp/1/235394.html).
As if this was not enough, Mr Sanjeev Bhatt joined his wife Ms Shweta Bhatt on 30/11/2012 night (at around 9-9.30 PM) in a program being aired by Headlines Today news channel before anchor Mr Rahil Kanwal where he was openly asking the people to vote for her wife. The program can be viewed on internet as tile “Sanjiv Bhatt's wife Shweta to contest Gujarat polls against Narendra Modi” at http://indiatoday.intoday.in/video/gujarat-polls-narendra-modi-shweta-sanjiv-bhatt-congress/1/235494.html.
That it is these acts of Mr and Ms Bhatt that has forced the petitioner, a Lucknow based social activist working in the field of Human Rights and transparency in governance, to approach you. She clearly declares that she is presently not affiliated with any political party and this representation has nothing to do with any political motivation but is solely based on the voice of her inner conscience. The petitioner also finds it pertinent to note that once upon a time she was an admirer of Mr and Ms Bhatt. She had always felt proud of the struggle that this couple was taking in their supposed endeavour to bring truth and justice before the people of this Nation. She herself being the wife of an IPS officer, Mr Amitabh Thakur, a 1992 batch IPS officer from Uttar Pradesh cadre, who is himself at odds with the powers-that-be and has personally suffered because of his non-confirmatory views, had openly praised Mr Bhatt for his personal grit and courage in taking on the Chief Minister of the State and standing erect despite all kinds of personal hardships. In fact, the petitioner had staged a Dharna (protest) in Meerut in favour of Mr Sanjeev Bhatt when he was arrested by the Gujarat government for some alleged criminal misconduct. She had also personally talked to Ms Shweta Bhatt saying that she stood by her in all possible ways.
Yet, now the petitioner presents this complaint petition before your august office and the reason is quite simple. In the above act and conduct of Mr and Ms Bhatt, there has been a huge and clear-cut violation of all possible rules and laws. There have been open violations of Service Conduct Rules by which Mr Sanjeev Bhatt is governed and there is also the gross and clear-cut violation of various election related laws.
To begin with, there is section 123 (7)(a) and 123(7)(d) of the Representation of the People Act, 1951 related with Corrupt practices and electoral offence under section 129 (2). The acts of Mr Bhatt in accompanying Ms Shweta Bhatt during nomination procession, remaining seated with during the nomination process and even more blatantly asking everyone to vote against Mr Narendra Modi and vote in favour of Ms Shweta Bhatt is clearly an offence under the above-mentioned sections.
in addition, there is Rule 5 of the All India Services (Conduct) Rules 1968 which says- “5(1) No member of the Service shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics, nor shall he take part in, or subscribe in aid of, or assist in any other manner, any political movement or political activity” Rule 5(4) which says- “No member of the Service shall canvass or otherwise interfere with, or use his influence in connection with, or take part in, an election to any legislature or local authority.”
With the above facts, I would request you the following-
Take cognizance of the above-mentioned facts and in case, the law stands as has been specified in section 123 and section 129(2) of the RP Act 1951 and Rule 5 of AIS (Conduct) Rules 1968 and no recent amendments have been made in the legal position by the Indian Parliament, the Government of India or the Election Commission, then all appropriate legal actions, including registration of a First Information Report and administrative action under the disciplinary rules shall be taken against those found guilty of such criminal and administrative misconduct
I would like to make it clear that if no action is taken in such a clear-cut case of utter disregard and violation of laws and your office also chooses to keep its eyes closed, then it would adversely affect people’s faith in the neutrality of the Government of India. If appropriate action is not taken, it will lead to huge indiscipline in services and will adversely affect the reputation of this organization.
Lt No- NRF/Bhatt/MHA/01
Dated-01/12/2012
Yours,
Dr Nutan Thakur,
5/426, Viram Khand,
Gomti Nagar,
Lucknow
# 94155-34525
Copy to-
1. Secretary, Department of Personnel and Training, Government of India, New Delhi
2. Chief Secretary, Government of Gujarat, Ahmedabad
