CASE BRIEF

 Satyendra Dubey, an IIT civil engineer, was the Project Director of

National Highway Authority of India (NHAI).

 Golden Quadrilateral Project – the US$ 12 billion project was to build

a 6000 km highway network linking India’s four major cities. It was
the dream project of the then PM of India, Shri Atal Bihari Vajpayee
and was launched in the year 1999.

 Dubey wrote a letter to the PMO citing the various corruptions that
were on going in the GQ project.

 As a whistle blower, his identity was not concealed and consequently

he was murdered.
 SEQUENCE OF EVENTS THAT LED TO
THE MURDER OF S.K.DUBEY
 In November 2002, Satyendra Dubey sent a letter to the PMO
detailing systemic corruption in the National Highway Authority of
India. He named four contractors and gave details of their misdeeds.
In order to protect himself, he also made a special request that his
name be kept secret when the PMO investigated the matter.

 Satyendra's name was not protected and the file containing his
complaint was circulated to various offices. This was like issuing a
public contract for his life.

 A year later, on 27, November 2003, Satyendra was murdered in

Gaya, the town where he lived and worked for NHAI.
 Continued…
 News reports about Satyendra's murder stirred the nation and unleashed a
storm of outrage.

 Within days the Prime Minister's Office and NHAI issued statements
defending themselves and trivializing Satyendra's death.

 On December 14th, 2003 , the case was handed over to the CBI.
 
 By 26 th December, the CBI said that according to the evidence given by
rickshaw puller Pradeep Kumar, Satyendra had been killed when resisting
thieves who were trying to rob him. Most people refused to believe this and
the CBI's explanation further intensified the public outrage. 
 Continued…
 In mid-January, 2004 key witness, Pradeep Kumar, "disappeared".

 Two other witnesses, who were interrogated by the CBI in this case,
allegedly committed suicide within a day in the end of January.

 There was no investigation of these murky happenings or the CBI's role in

these suspicious deaths. After keeping quiet for about six months, the CBI
again repeated the earlier story in June 2004.

 There has been no public investigation of the alleged corruption within

the NHAI and thus no attempt to set things right.
 SATYENDRA DUBEY’S KEY COMPLAINTS
IN THE LETTER
 Detail Project Reports (DPR) by design consultants are in ‘‘very poor shape
and cannot be implemented in the field without major modifications...The
result is that the DPRs on the basis of which tenders have been called are like
garbage.’’

 Process of procurement ‘‘completely manipulated and hijacked’’ by the big

contractors. Many contractors are ‘‘submitting forged documents to justify
their technical and financial capabilities.’’

 The ‘‘big contractors have been able to get all sorts of help from the officials
in NHAI and even the note sheets carrying approval of Chairman have been
leaked outside.’’
 Continued…
 NHAI officials have shown great hurry in giving ‘‘mobilisation
advance to selected contractors... No surprise as the commission to
officials for award of work are linked to the contractors getting their
first mobilisation advance.’’

 The entire mobilisation advance of 10% of contract value (which

goes up to Rs 40 crore in certain cases) has been paid to the
contractors ‘‘within a few weeks of award of work’’ without follow-
up to ensure they are ‘‘actually mobilised at site with the same
pace.’’
 Continued…

 ‘‘Diversion or idling of funds... in case of equipment advances to the

contractors, another 10 per cent of the contract value.’’

 NHAI is going for international competitive bidding to procure the

most competent civil contractor for execution of its projects. When
it comes to the actual execution, it is found that most of the works
(sometimes even upto 100 per cent) are being sublet or sub-
contracted to small petty contractors who are not at all capable to
execute such projects and ensure the quality of construction
 ALL THAT THE GOVERNMENT SAYS
 Bihar DGP D P Ojha: ‘‘The criminalisation of contractors is an unfortunate but true
fact...Most of the contracts go to the mafia. I am shocked to hear how an honest
man died. I will take personal interest and ensure that we book the culprits.’’

 Dubey’s Boss Union Minister B C Khanduri: ‘‘I’m not aware of the letter.’’ When
told that Dubey’s letter shows his initials, he said: ‘‘I can’t recall it. The NHAI
chairman has been asked to compile all letters.’’ Asked why Dubey’s request for
secrecy was ignored, Khanduri said: ‘‘It’s neither possible nor appropriate for me to
comment. I have talked to his brother and the Bihar Chief Minister.’’

 PMO spokesman: ‘‘Numerous letters come in everyday and it is very difficult to

trace each and every letter. If you have a copy and send it to me, I can then find
out.’’
 
 Whistle Blower…

The Actual Reward!!!

 Law to protect
Whistleblower
 the proposed law -The Public Interest Disclosure (Protection of
Informers) Bill, 2009 was prepared by the department of personnel
and training (DoPT). As per the draft law, any person can make a
complaint of corruption or disclosure against any central
government employee or central government-backed institution to
the CVC. The CVC, which would be designated as the competent
authority for complaints, would have the powers of a civil court,
including powers to summon anybody, order police investigation
and provide security to the whistleblower.
 Why this law in needed?

 People like Satyendra nath dubey could have

been saved
 Several definitions of public corruption exist.
World Bank's description of it as “abuse of
public office for private gain” is a popular one.
 Recent cases

 Manjunath Shanmugham, an IIM graduate and a sales manager of the IOC,

was murdered on Nov 19, 2005 for exposing the racket of adulteration of
petrol and the mafia behind it.
 Puducherry Madras High Court Justice R Reghupathy’s claim that a Union
Minister tried to pressure him in a case involving alleged forgery of mark
sheets in an MBBS exam has given fresh lease of life to a murder case that
lies at the heart of the scandal.The man who blew the lid off the mark sheet
forgery racket in Pondicherry University was found murdered on May 20,
2008.
 Mumbai: In a shocking incident, Additional District Collector of Nashik,
Yashwant Sonawane, was burnt alive on 25th january’11 for cracking down on
the oil mafia operating in the vicinity of Panewadi oil depot near Manmad
town, 75 kilometres from the district headquarters.