Live: PIL filed in SC against suspension of Durga Nagpal

1.33 pm: PIL filed in SC against suspension of Durga Shakti Nagpal A PIL has been filed against the suspension of IAS officer Durga Shakti Nagpal in the Supreme Court, seeking an ex parte stay on all proceedings against her. The PIL comes even as the Samajwadi Party digs in its heels over the suspension, refusing to revoke it despite overwhelming evidence that the action was both unwarranted and unjust. More details are awaited. 10.57 am: Durga Nagpal was not the person who demolished wall: report Sub Divisional Magistrate (SDM) Zevar and not suspended IAS officer Durga Shakti Nagpal, who was SDM Sadar of Noida, razed the boundary wall of an under construction mosque, said a report from the local intelligence unit (LIU) that pushed the Uttar Pradesh government to the back foot Tuesday. The report was submitted to the state government on 27 July, the day that Durga Shakti Nagpal was given marching orders. In the detailed intelligence report, the LIU team says that a mosque was being constructed in Kadalpur village along with a 10 foot high wall. When the report reached the district administration that the mosque was being built on government land, without requisite permission, SDM Zevar and station house officer of Raghupura reached the construction site at 1 pm. and after inspection of the construction, ordered the demolition of the wall. This means that at the time of the demolition, the suspended IAS officer was nowhere near the mosque construction site. The district magistrate of Noida had earlier given a clean chit to Nagpal in the matter and the chief minister had then cited “other reports” including that of the LIU as the reason for suspending the IAS official. The LIU report goes on to add that in the predominantly Muslim village, the Samajwadi Party (SP) Lok Sabha candidate and minister rank holder Narendra Bhati had inaugurated the mosque three months back, work on which was started with a Rs.51,000 donation from him. Bhati, chairman of UP Agro, has however been denying the monetary contribution towards the construction of the mosque. 10.00 am: BSP to bring up Durga Nagpal in Parliament The Durga Nagpal suspension is likely to debut in Parliament today, with CNN-IBN reporting that the BSP was planning to bring up the issue. On Monday, party supremo Mayawati condemned Nagpal’s suspension and said that it was a prime example of the SP ‘Goonda Raj’ that had led to a breakdown of law and order in the state. Mayawati and her party have repeatedly asked for President’s rule in the state, citing lawlessness. 8.45 am: No sand mining without prior permission, says Green Tribunal The National Green Tribunal (NGT) has taken a tough stance on illegal sand mining, and has ruled that no sand mining will be allowed from any river across the country without permission from the State Environment Impact Assessment Authority. The ruling was passed based on a petition filed by the NGC bar association which alleged that people like Durga Shakti Nagpal who opposed such activities, were being victimised. The body has also sought answers from state and central authorities by 14 August, noting that besides violating the law, such activities caused state revenue loss that could run into lakhs of crores of rupees. 8.00 am: Don’t use Islam to shield sand mafia, say UP Muslim groups While the Akhilesh Yadav government insists that its suspension of IAS officer Durga Shakti Nagpal was to preserve religious harmony and prevent the outbreak of communal violence, Muslim religious groups in the state are not impressed. Today’s Economic Times carries a report quoting prominent Muslim leaders in the state who have all slammed the government’s decision. “It is wrong to use Islam and a mosque as a shield for doing this. There is a clear attempt at implicating the Muslim community in this issue”, the report quoted Salim Engineer, the national secretary of Jamaat-e-Islami-Hind as saying. It also quoted the President of the Rashtriya Ulama Council National, Aamir Rashadi Madni as saying that the ‘demolition of the wall was as per the lekhpal’s report and the SP government is trying to make it into a Muslim issue" You can check out the whole story in the e-paper here 7.42 am: Intelligence report vindicates Durga Nagpal’s actions An intelligence report accessed by CNN-IBN vindicates Durga Shakti Nagpal even as a defiant Samajwadi party refuses to revoke the IAS officer’s suspension, the channel said. The report says Durga Nagpal who was the SDM of  Sadar was not present at the site when the mosque wall was demolished and it was demolished in the presence of the Circle officer, SDM of Jewar. Remember Durga was suspended  on 27 July 27 ostensibly for ordering the demolition of the wall allegedly without following due process. This issue is likely to be raised today in the Parliament by the Bahujan Samaj Party. Meanwhile, a team from the environment Ministry will go to Greater Noida today to check if sand mining is taking place there illegally. 7.30 am: Why the SP stance on the IAS and Nagpal is unconstitutional  In this piece, Firstpost editor Sanjay Singh explains why the increasingly arrogant statements made by SP leaders like Ramgopal Yadav and party chief Mulayam Singh Yadav about the IAS and Durga Nagpal are unconstitutional. In widely reported comments on Monday, Ramgopal Yadav said, ““If the Centre intervenes in the suspension of Durga Shakti Nagpal, then the UP government will write to it saying the state does not need the services of IAS officers and it can withdraw all IAS officers from UP. We will run the state administration with our own officers.” However Singh points out that these statements are in violation of article 312 of the constitution. Read the entire article here End of updates for 5 August 9.22 pm: Nitish stays mum on Durga Shakti Nagpal suspension Bihar Chief Minister Nitish Kumar on Monday refused to make any comment on suspension and chargesheeting of an IAS officer Durga Shakti Nagpal by the Uttar Pradesh government and said that if any allegation is made against an official then it should be probed. “I have nothing to say on the matter (suspension and chargesheeting of the IAS officer),” he told reporters after the Janata Durbar at his official residence. After a brief pause, Kumar apparently took cognisance of the question about Nagpal’s suspension and chargesheeting and said that if an allegation has been made against an official then it should be probed. 9.03 pm: Bureaucrats shouldn’t face injustice, says Cong Amid hardening of SP’s stand on IAS officer Durga Sakthi Nagpal’s suspension issue, Congress today reminded the party that any government functions taking judiciary, legislature and executive together. Party spokesperson Meem Afzal said injustice to any bureaucrat should not be done and insisted that Nagpal was not suspended because of the demolition of any mosque wall but due to taking actions against the sand mafia. At the same, he dismissed suggestions that Jaisalmer Superintendent of Police Pankaj Choudhary was transferred because he had reopened history-sheets against Gazi Fakir, 78-year-old father of Pokhran Congress MLA Saleh Mohammed. “This is absolutely wrong and a lie to say that the police officer was transferred because of re-opening a case against Fakir. It was a Rajasthan government order that cases against history-sheeters won’t be closed. “The Gazi Fakir case was 48 years old case… This was an entirely routine transfer and Chowdhary was transferred along with 29 officers,” Afzal said. 8.55 pm: Report says Durga Nagpal wasn’t present during wall demolition A Local Intelligence Unit (LIU) report sent to Uttar Pradesh government has claimed that the wall of an under-construction mosque was demolished in Gautam Budh Nagar in the presence of Circle officer/SDM Jewar and that the suspended IAS officer was not present at the spot. Durga Shakti Nagpal, the 28-year-old SDM of G B Nagar, who led the crackdown on sand mining mafia in her district, was suspended on July 27 ostensibly for ordering the demolition of the wall allegedly without following the due process. As per the LIU report, which did not state name of any officer, SDM (Jewar) was present at the spot and not SDM (Sadar), the post held by Nagpal. Both Jewar and Sadar fall under G B Nagar. The District Magistrate, GB Nagar has already stated in his report to the state government that Nagpal had not got the wall of any religious place demolished. 5.21 pm: Akhilesh Yadav’s move is disgraceful, says Ram Jethmalani Slamming the UP government for cornering an honest officer, Ram Jethmalani called Akhilesh Yadav’s stand on the issue disgraceful. According to DNA , Jethmalani lauded Durga Shakti Nagpal for her courage and said that the government should have backed her. “This is a disgraceful thing. The young CM should never have done such a thing,” DNA quotes Jethmalani. “This girl has through her bravery increased the pride of the feminine gender. As a citizen of the country, it is my right to help her,” he added offering to fight for her without charging any fee. 4.50 pm: Former cabinet secretary TSR Subramanian says charges against Nagpal aren’t serious The state government has charged Nagpal of not following laid down procedure in demolishing the wall of a religious structure in Gautam Budh Nagar, according to a Times of India report. She has been given 15 days to respond to the charges. Speaking about the charges on the officer, Subramanian said, “It is not a very serious chargesheet. The maximum punishment in this can be an ‘adverse entry’ or a ‘recorded warning.’ A reduction in rank will be considered very serious action and cannot be justified in this case.” Read the complete story here . 2.49 pm: Nagpal’s suspension won’t be revoked, says Mulayam The Samajwadi Party has literally dug its heels in on the Durga Shakti Nagpal issue, with party chief Mulayam Singh Yadav firmly ruling out any possibility of her suspension being revoked. Speaking to reporters outside Parliament, the SP leader said that Akhilesh’s decision to suspend Nagpal was ‘final and correct’ and added that the suspension would not be revoked. This is the latest in a series of defiant statements by the Samajwadi Party who have consistently maintained that they acted correctly and within their rights in deciding to suspend the IAS officer. Earlier Ram Gopal Yadav said that they could run UP without IAS officers, and Chief Minister Akhilesh Yadav said that punishing errant officers was the government’s duty. On Sunday, SP leader Naresh Aggarwal reacted angrily to a letter written by Congress President Sonia Gandhi to the Prime Minister in which she had asked him to ensure that Nagpal was treated fairly. He asked her to also write letters about Robert Vadra and shortly afterwards said that the party would vote against the food security bill. 12.54 pm: We can run state without bureaucrats, says SP SP leader Ram Gopal Yadav has defiantly said that the party was ready to run Uttar Pradesh without bureaucrats, if necessary. The comment comes amid intense media speculation and focus on the fate of IAS officer Durga Sgakti Nagpal. 12.23 pm: Akhilesh defends UP action on Durga Nagpal Uttar Pradesh Chief Minister Akhilesh Yadav is not showing any signs of repentance or remorse at the suspension of IAS officer Durga Shakti Nagpal that has caused so much political strife over the last few days. Speaking at a rally in the state, Yadav said, “If an officer makes a mistake, he/she is punished. This is how a government works”, adding that his government had acted appropriately. He also demanded to know why the media was so much prominence to the suspension of Nagpal, and cited the case of many other officials who were suspended across the country. Referring to the action against Nagpal, the former sub-divisional magistrate (SDM) of Noida, he said in life “many of us” would have been reprimanded by parents and class teachers. So no relief seems to be coming Nagpal’s way from that quarter at least! 11.22 am: Mayawati backs Durga Shakti Nagpal Former UP Chief Minister and head of the BSP, Mayawati, has come out in support of Durga Shakti Nagpal, saying that her suspension was yet another example of how the UP government has failed. Speaking to media in Delhi where she has come to attend Parliament, Mayawati said, “This case of Durga Shakti Nagpal shows that there is ‘goonda raj’ in UP under the Samajwadi Party government”. 10.30 am: Environment Ministry to send team to Noida The Environmental Ministry is reportedly planning to send a team to Noida to ascertain reports of illegal sand mining in Uttar Pradesh, reports Times Now. The report comes amid heightened tension between the Samajwadi Party and the Congress, following a letter sent by Sonia Gandhi to the Prime Minister asking him to ensure that she was not treated unfairly. Apart from saying that they would not support the food bill in Parliament, SP leader Naresh Aggarwal said that she should also send letters to the PM about Robert Vadra. 10.19 am: ‘Rules will be followed”, says PM on Nagpal Prime Minister Manmohan Singh, speaking to reporters outside Parliament before the start of the Monsoon session, said that the rules would be followed in dealing with the suspension of IAS officer Durga Shakti Nagpal. “There are rules laid down, the rules will be followed. We are in touch with the state government to get all the details”, said the Prime Minister in response to questions by reporters. He did not however, comment further. The Prime Minister’s statement comes even as the Samajwadi Party hinted that it may vote against the food bill in Parliament, a day after Congress President Sonia Gandhi wrote a letter to Singh, expressing hope that Nagpal would not be ’treated unfairly’. Both the SP and Congress have insisted that the decision has nothing to do with the letter or Nagpal, but this opinion is not shared by political analysts and commentators. 9.30 am: Don’t confuse politics with admin, says Congress The Congress has said that there is absolutely no connection between the centre’s stand on Durga Shakti Nagpal and the SP statement that it would not support the food bill when Parliament begins later today. “I think you are confusing the two issues. We do not need to confuse the political under governance paradigm. there are certain issues which are in the administrative state and they are dealt with administratively acc to the rules. the bureaucracy in the state functions under  the state government but since they are All india service officers , the department of personnel does have a role to play. and since they have asked for a report, they should await for the outcome of the report”, said Minister of Information and Broadcasting, Manish Tewari, to CNN-IBN. 9.00 am: Was Akhilesh goaded into chargesheeting Nagpal? New reports coming in, say that the UP government had decided to chargesheet Durga Shakti Nagpal because it had been angered by what it perceived to be constant pressure from the centre. Times Now reported that the decision had been taken because the centre had sent it three letters with regards to the suspension, which the Akhilesh Yadav led government had seen as interference. Speaking to the television channel, MoS personnel, public grievances and pension, V Narayanasamy said that according to procedure, a state government who suspended an IAS official had to give the centre an explanation for its actions within a week. “Up to date we have not received anything so we sent two reminders. We are hoping for a reply today”, he said. He however denied that there was any connection between the letters and the SP announcement that they would not support the food bill. “Political issue is different, administrative decision is different. Don’t connect these things. The food bill will benefit 70 percent of the population. We will persuade them to cooperate with us in passing the bill”, he said. 8.30 am: SP chargesheets Durga Shakti Nagpal The Samajwadi Patry mantra these days seems to be, ‘public opinion be damned, we will do what we want’. The party has reacted to the outrage over the suspension of IAS officer Durga Shakti Nagpal for purportedly taking on the sand mafia in Uttar Pradesh, by if anything, becoming more brazen and obtuse. [caption id=“attachment_1009673” align=“alignleft” width=“380”] Suspended IAS officer Durga Shakti Nagpal. IBNLive[/caption] A day after Congress President Sonia Gandhi wrote a letter to Prime Minister Manmohan Singh, asking him to ensure that Nagpal was not treated unfairly, the Samajwadi Party announced that it would not support the food security bill in Parliament. And although insisting that the decision had nothing to do with the letter, senior SP leader Naresh Aggarwal reiterated that the suspension was a state affair and had nothing to do with the centre. And now, the party has served a chargesheet to Nagpal. According to the Times of India, the chargesheet reportedly blames Nagpal for not following laid down procedure in demolishing the wall of a mosque in Gautam Budh Nagar and gives her 15 days to reply. “An inquiry officer will be appointed to probe the charges and to decide further disciplinary action against her if the state government is not satisfied with the reply”, a UP government official told the Hindustan Times . It has also responded to a request from the central ministry of personnel and training by saying her actions were “untimely, lacking in vision and reflected poor administrative acumen.” The behaviour of the UP government is clearly dictated by a belief that they are in firm possession of all the trump cards, given the precarious position that the UPA government finds itself in. Without the support of the party which has 22 seats in the Lok Sabha, the passage of the food security bill is in danger. This of course, leaves the Congress party, already battling damaging perceptions that it actively supports corruption, in an uncomfortable position. Will it be forced to climb down from its stance and plead helplessness to help Nagpal, or will it be able to swing the numbers for the food security bill so that it can have its cake and eat it too? Either way Parliamentary affairs minister Kamal Nath will have his work cut out for him in the monsoon session which begins today. 8.00 am: SP says it will not support food bill in Parliament The Samajwadi Party has said that it will not support the food security bill in the upcoming monsoon session of Parliament. Speaking to Times Now, senior SP leader Naresh Aggarwal said that the party had decided against supporting the bill. However he insisted that the decision had nothing to do with Congress President Sonia Gandhi‘s letter to the Prime Minister where she had expressed concern over the suspension of IAS officer Durga Shakti Nagpal. The Samajwadi Party had reacted angrily to the letter in which Sonia Gandhi had told the Prime Minister to ensure that Nagpal was ‘treated fairly’. 7.30 am: Full text of Sonia Gandhi’s letter to the Prime Minister Dear Prime Minister, It is reported that Ms  Durga Shakti Nagpal , a young IAS officer of UP has been hastily suspended for unsubstantiated reasons. There is widespread concern because the officer, in the course of her public duty, was seen to be standing upto vested interests engaging in illegal activity. We must ensure that the officer is not unfairly treated. At the same time, this particular instance has highlighted the need to assess whether there are adequate safeguards in place to protect executive functionaries working beyond the average call of duty to uphold the law. The implementation machinery must feel that the conditions are conducive to the delivery of public services without fear or favour. I know that some good beginnings have been made towards administrative reforms, but the issues that have come to be profiled in Ms Nagpal’s case also need focus. With regards, Yours sincerely, Sonia Gandhi Background to the Durga Nagpal case: Durga Shakti Nagpal, the feisty, young officer, was used to veiled threats from the quarrying mafia in western Uttar Pradesh, but what she had not bargained on while taking them on, was punitive action from the government against her. Surely, she had stepped on big toes. After ordering her suspension, the government justified the action citing that Nagpal’s actions could have caused communal tensions. However, not many in the state are ready to buy it. After being posted at Gautam Buddha Nagar – her first posting – she had launched an extensive drive against the illegal quarrying of sand and soil, which is rampant on the Yamuna and Hindon river beds. Every day, contractors dig tonnes of sand and mud worth lakhs of rupees without legal sanction. The loss from these activities to the revenue department is huge. A month ago, she had got cases registered against more than 20 people involved in illegal quarrying and over 10 had been arrested in less than a fortnight. She also ensured about two dozen JCB machines involved in illegal quarrying were seized. She had also threatened that there would be no let-up in the fight against unauthorized dredgers. “The entire district has been affected and illegal mining has become a huge problem. The stakes are too high and those involved get huge monetary returns. The act could lead to serious environmental issues and, therefore, needs to be stopped,” a PTI report quoted her saying. The contractors are known for their alliances with and affinities to the high and mighty of the ruling parties, irrespective of who was in power. ( Read more )