From Our Correspondent
TURA, Aug 26: A day after the Special Inquiry Committee (SIC) went to the media with a statement hinting that BJP MDC from Tura, Bernard Marak, had refused to appear before it or respond in writing to the allegations he raised, the MDC has now questioned the composition of the SIC probing his charges of corruption.
It is pertinent to note that the SIC was formed by the Executive Committee of the Garo Hills Autonomous District Council (GHADC) to investigate allegations raised by Bernard over the appointment of tax consultant, Sumit Kumar Jain Borah.
“How can a thief judge a thief? They don’t seem to understand the meaning of the term Nemo Judex in Sua Causa: which means no one should be a judge in his own case. It emphasises that a person cannot serve as both a party and a judge in the same matter.
My objection is precisely to the appointment of Grahambell Sangma and Ashahel Shira, the two MDCs who are signatories (witnesses) of the MoU with Bohra. They cannot lead the inquiry as they would be biased,” asserted Bernard in a press statement on Tuesday evening.
Earlier today, he had also written to the Secretary of the GHADC to reiterate his objections, something he had first raised on July 10.
“I wrote to the EC on July 10, informing them of the unacceptability on formation of the SIC as it is but a desperate attempt to save Jain. How could they send any notice when GHADC is closed? Why such notice at such a crucial time when GHADC employees are protesting for their pending salaries. The EC is more concerned about Jain than thousands of employees? They are exposing their heartlessness. How can they pay Jain Rs 8 crores when Rs 6.3 crores could have paid off one month’s salary,” he asked.
Bernard alleged that Jain was hired by the Executive Committee to siphon off huge amounts from the GHADC while it was facing a financial crisis.
“The MoU stated Rs 8 crore would be paid as consultant fee and another 3 installments to follow. Now they are trying to protect him when I pointed out that Jain does not even have TNT which is a mandatory document,” stated Bernard.
The Tura MDC further alleged that Jain was a close aide of Shira while Grahambell had claimed that no money was paid to Jain.
“When I showed him the sanction order from his own office, he was speechless. I refuse to bow down to such a Committee which is against any judgment in Higher Court. Instead, I shall open up the manipulations and irregularities in their departments which is no less than cheating the people in general,” he said.
In his letter to the Secretary, Marak also wrote, “The Supreme Court of India has consistently and unequivocally affirmed this doctrine to safeguard impartiality and procedural fairness in judicial and quasi-judicial forums. The composition and appointment of the SIC, if involving members of the EC or individuals directly interested in the matter, not only undermines this principle but also constitutes a serious procedural impropriety.”
He added that, as currently constituted, the SIC lacked the independence and credibility required under law and precedent.
“This action by the EC exposes the Council to judicial scrutiny and risks invalidating its findings ab initio. I urge the EC to immediately reconsider and annul the present constitution of the SIC; constitute a new Inquiry Committee comprising MDCs who are neutral, non-interested individuals with no prior involvement; or refer the matter to an independent judicial authority or competent external body to ensure compliance with established principles,” he added.
“Let the GHADC demonstrate commitment to fairness, transparency and the rule of law — virtues inseparable from its constitutional mandate under the Sixth Schedule. I ask you to brief the EC at the earliest so that I need not take legal steps against the Executive Committee members, signatories of the MoU and SIC,” said the Tura MDC.