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those who had not worked were also included in the Muster Roll and the money would be pocketed by the contractor in collusion with corrupt officials and others. The workers would also be paid less at the rate of Rs.90/- instead of Rs. 120 and that too payment would be made after a long time. Some of the villagers were acting as contractors or their agents and were against her deceased brother. Her deceased brother Niyamat Ansari protested against such acts of corruption along with one Bhukhan Kharwar and other members of Gram Swaraj. Mossamat Saida Beebe further added that her deceased brother also took up the cases of such persons who had constructed huts on the forest land and had been living there for long time. Regarding the incident, she said, on the day of the occurrence some 12-15 individuals, some of them armed with guns came very quietly. One of them pointed a gun at her and asked her the location of the deceased Niyamat Ansari to which she replied that he was not at home. The assailants told her that they had been informed of his presence on mobile and they knew that he was there in the house. The deceased Niyamat Ansari hid under a bundle of a stalks of maize but was detected by the assailants who forcibly dragged him out of his house and tied his hands. The deceased Niyamat Ansari pleaded that he only works for the poor and he was not at fault but they paid no heed to his pleas. She tried to follow him but they threatened to shoot her and she had to return. The assailants then beat up the deceased with lathis and his cries could be heard for a long time. When the cries subsided and the assailants had left she reached the spot with the wife of the deceased and other family members and found him lying unconscious. The deceased expired before he could be taken to hospital. 11. Mossamat Nuroosha Bibi, wife of the deceased Niyamat Ansari aged about 35 years stated that on the day of the incident her deceased husband Niyamat came home, changed his shirt pant and started teaching their son. Suddenly in the evening somebody came to our house and said “Kiwari kholo, garjion ko nikalo. She supported the statements of Hadeesh Mian and Mossamat Saida Bibi. She further stated that the deceased had inherited some landed property from his in-laws who had only daughters and had sold off the same. He had undertaken construction of a one room house at Latehar which was incomplete for want of resources. She also stated that her son was studying at DAV Latehar. 12. Ms Shyama Singh of Mahatma Gandhi NREGA Sahayata Kendra which functioned under the aegis of Gram Swaraj Abhiyan, a nation-wide movement for empowerment stated that she had been associated with the Gram Swaraj Abhiyan since 2001 along with the deceased Niyamat Ansari. She is a resident of Village Sadhawadih of Manika Block, a 12 th Pass and has been working in around 22 villages. Ms Shyama Singh alleged widespread corruption in implementation of Mahatma Gandhi NREGA Programmes as also other Programmes of the Government in the District namely, fudging of muster rolls, fake works (only on papers), withdrawal of money under fake signatures in Post Office etc. She said that prior to start of MGNREGA scheme, there was less threat to work for her in that area mainly arising from the Social Security Scheme and PDS shopkeepers. However, since the inception of NREGA, the threats have increased manifold. She said that Arun Singh is one of the contractors who used to operate 2-3 years back in that area. Once he had taken contracts of three MGNREGA works, one under his name and the other two in the name of his wife and son. She also mentioned that a fraud has taken place in the Scheme of pond construction in Banerchaunn, Village Lanka of Gram Panchayat, Rankikala, no actual work has been done against that scheme and payment of around Rs. 1.58 lakhs has been withdrawn. They came to know when few labourers of another area also called Banerchaun in Koyli Village of the same Gram Panchayat came to her and said that there have been no payments given to them for six months. She took up the matter to BPO office. The then BPO said that the last BDO has embezzled a sum of around Rs. 14 lakh, so he was unable to make this payment. Then they took up the matter to DC, Latehar and finally a Joint Audit Committee was constituted 4
to enquire into the case. The deceased Niyamat Ansari was also made a member of that Committee. 13. The Committee found that there is no such place called “Banerchaun” in Lanka village and there was no such work as well. Instead, there is another place called “Banerchaun” in Koyli village of the same Panchayat where another work of pond construction was sanctioned and some Rs. 98,000 has been sanctioned and spent separately. And the labourers who had been denied with payments of wages for six months were from this worksite. The Committee finalised the Audit Report on 23.2.2011 and the murder took place on 2.3.2011. The Mate who worked on the above fraudulent worksite was daughter-inlaw (Putahu) of Shankar Dubey who was the known contractor in that area. For the past 2-3 years the deceased Niyamat Ansari and other members of the Mahatma Gandhi NREGA Sahayata Kendra had been taking up issues in corruption in implementation of Mahatma Gandhi NREGA Programme and other development programmes including the forest related issues along with Bhukhan Ji (Bhukhan Kharwar) and others. That is the reason why the vested interest groups had been annoyed with the deceased Niyamat Ansari and Bhukhan Ji. 14. Ms Shyama Singh, further alleged connivance of the Administration with such vested interest and harassment of genuine workers at their hand. She further alleged that the Naxalite elements were also at times in league with such corrupt officials and other vested interest groups and were now trying to confuse the issue. 15. The statement of Ms Shyama Singh was supported by Shri James of the Mahatma Gandhi NREGA Sahayata Kendra and other activists. He stated that on 24 th October 2010, the Maoists had locked the door of Niyamat Ansari house. A fraud that had taken place in pond construction in Banerchaun of Lanka village of Rankikala Panchayat. No muster rolls has been maintained, the cheque was issued on 6.10.2010. Rakesh Tiwari, the Postmaster of the local Post Office was also involved in the fraud. In the above case, FIR was also lodged on 1 st March 2011 by the Block Programme Officer (BPO) and Niyamat was killed on the following day ie 2.3.11 as retaliation for his unearthing the fraud in NREGA. Shri James stated that the deceased Niyamat Ansari was aware of the threat to his life and yet he worked to expose the fraud. He further stated that such acts of embezzlement are common and that criminal and lumpen elements are operating in the names of Naxalites in league with corrupt officialdom and contractors. Shri James apprehended danger to his own life and to that of Dr Jean Dreze but would continue raising the issues related to corruption and malpractices in Mahatma Gandhi NREGA and other development programmes of the Government. 16. Shri Rahul Purwar, Deputy Commissioner, Latehar stated that the deceased Niyamat Ansari had no ostensible means of livelihood and was in habit of living on extortion from officials and others. There were many criminal cases filed against him and he was killed because of his antecedents. He expressed that the District Administration had been very prompt in taking action against the errant ex-BDO Kailash Prasad Sahu and the Panchayat Sevak Basudeo Nagesia. The Deputy Commissioner had not visited the village after the incident. The Superintendent of Police Shri Kuldeep Dwivedi by and large supported the statement of the Deputy Commissioner and admitted that no arrest has been made in the case. Facts-in-Issue 17. The following are the facts-in-issue in this enquiry: i. Whether it is a fact that there is rampant corruption in the implementation of the Mahatma Gandhi NREGA programme in the district? 5
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