After the coalition government came into
power in Maharashtra they dissolved the Executive Committees of the Anna
Bhau Sathe Backward Community Development Corporation, Vasantrao Naik Scheduled
Caste and Scheduled Tribes Development Corporation and Mahatma Phule Backward
Community Development Corporation. All the three Corporations came under
the direct charge of the Minister for Social Welfare, Shri Baban Gholap.
It was after Shri Gholap took charge that several malpractices were reported
in the purchase of equipment for the Vasantrao Naik Development
Corporation. The Government asked the
Anti Corruption Bureau to conduct an inquiry regarding this matter. The
ACB did indeed find that misappropriation of funds had taken place.
Anna's imprisonment is the fallout of the defamation case filed by Shri Baban Gholap, Minister for Social Welfare, Government of Maharashtra in the Bombay Metropolitan Court on November 4th 1997. In an issue of Daily Navakal, a local Marathi newspaper dated 22nd September 1997, an interview of Anna was published in which he allegedly stated that an Anti Corruption Bureau inquiry had found Shri Baban Gholap guilty of misappropriation of funds. The Additional Metropolitan Magistrate, Mr. K.H. Holambe Patil passed a verdict that Anna was guilty of the charges leveled against him, that no inquiry was conducted by the Anti Corruption Bureau against Mr. Gholap, thus Anna's statement was derogatory and had spoilt Gholap's reputation.
While the case was being heard, Mr. Gholap's
lawyer produced as evidence a letter dated 22nd Oct. 1997 from Mr. Gyanchand
Verma, Chief Director, ACB, stating that no inquiry had been made against
Mr. Gholap. However, an
earlier letter dated 26th Sept. 1997 written
by the then Chief Director ACB, Shri Arvind Inamdar to Baban Gholap states
that the ACB was making investigations regarding Vasantrao Naik Scheduled
Caste and Scheduled Tribes Corporation. In response to this letter, Shri
Gholap requested the Chief Director ACB to issue another letter without
the remark regarding
Vasantrao Naik Corporation and only stating
whether the ACB had found Shri Gholap guilty.
In the mean time the charge of ACB was
taken over by Mr. Gyanchand Verma who issued the letter dated 22nd Oct.
1997 which was produced as evidence. From the correspondence between Mr.
Gholap and the ACB, it appears as if the Minister obtained from the ACB
a letter in the form that he wanted.
Another significant point which came up
during the hearing was that an Income Tax inquiry of Mrs. Gholap was going
on. Shri Gholap admitted that, "I know that Income Tax Department did make
inquiries regarding balance in the account of my wife. However, I do not
know how much amount was found in her account. I am not aware if she is
facing Income Tax inquiries. My wife is living with me and our relations
are cordial." It appears from ShriGholap's statement that he did not want
to admit the truth about the Income Tax inquiry. In fact Mr. Gholap purchased
36 acres of land in the name of
his wife after he became Minister, and
a balance of Rs. 25 lakh was found in his wife's account in Janalaxmi Bank
in Nasik for which an Income Tax inquiry is going on.
The Additional Metropolitan Magistrate
convicted Shri. Anna Hazare "under Section 255 of the Code of the Criminal
Procedure for the Commission of the offence punishable under Section 500
of the Indian Penal Code and sentenced
to suffer simple imprisonment for three
months. However, instead of executing the sentence, he be relieved on bond
of Rs. 5000/- of good behaviour under Section 4 (1) of P.O. Act r/w. Section
360 of the code of criminal procedure for 2 years. If he commits any breach
of bond, he shall appear and receive the sentence when called upon during
such period. Within
that period he shall keep good behaviour
as far as defamatory interviews and statements in respect of any other
responsible persons are concerned."
(Taken from the judgement issued on 9th
Sept. 1998)
In response to this judgement, Anna prefered
to accept imprisonment because he believed that corruption had taken place
in Vasantrao Naik Scheduled Caste and Scheduled Tribes Development Corporation.
Even in the judgement
the magistrate has mentioned that irregularities
were found by the ACB in their inquiry regarding the Corporation. As Minister
directly incharge of the Corporation Shri. Gholap cannot shrug off his
responsibilities regarding these gross irregularities. Regarding the bond
of good behaviour, Anna felt that in his fight against corruption he would
be asking questions about public figures if irregularities were brought
to his notice by the public. As an anti-corruption crusader he could not
sign such a statement.