Satyendra Dubey
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Satyendra Kumar Dubey (1973 - 2003) was project director at the National Highways Authority of India (NHAI). He was assassinated in Gaya, Bihar for fighting corruption in the Golden Quadrilateral highway construction project.
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[edit] Early life
Satyendra K. Dubey, the son of Bageshwari Dubey and Phulamati Devi, was born at the village of Shahpur in the Sewan district of Bihar, India. The family of five girls and two boys subsisted on a small piece of land, and Bageshwari also held a low-paying clerical position in a nearby sugar mill.
Until the age of 15 he studied at the Gang Baksh Kannaudi High School and joined junior college at Allahabad, about three hundred kilometers away. Living away from home was a considerable drain on the meager resources of his family. However, he pursued his dream of becoming an engineer, and was admitted to the Civil Engineering Department of IIT Kanpur in 1990, the first person from his village to achieve this feat.
He graduated with an excellent academic record in 1994. He graduated with an M. Tech (Civil Engineering) degree from IT-BHU in 1996.
[edit] Exposing Corruption
During planning,designing and execution of the project he found deficiency and corruption in every stage. He termed the project as "Great Loot Of Public Money" in the subject of confidential letter addressed to then Prime Minister.
{A dream project of unparalleled importance to the Nation but in reality a great loot of public money because of very poor implementation at every state.}
The GQ project had strict controls to ensure that the construction work would be carried on by experienced firms with proper systems. A second independent contract was given for supervision of the project. However, Dubey discovered that the contracted firm had been quietly subcontracting the actual work to smaller low-technology groups, controlled by the local mafia. When he wrote to his boss, NHAI Project Director SK Soni, and to Brig Satish Kapoor, engineer overlooking the supervision, there was no action.
According to the case file after his murder (FIR), Dubey had been facing several threats following his action against corruption at Koderma. A subsequent FIR filed by the Central Bureau of Investigation (CBI) named both Soni and Kapoor.
In August 2003 when he was transferred to Gaya, a transfer which he opposed since he felt that it did not serve the interests of NHAI.
At Gaya, he exposed large-scale flouting of NHAI rules regarding sub-contracting and quality control. At this time he took a departmental test and was promoted as deputy general manager, which made him eligible to take charge as project director. Since there was no project director's post in Gaya, he was likely to be posted to Koderma soon.
There was widespread sentiment (based on their pattern of operation), that the criminal nexus, opposed to having him as director, may have been behind his murder.
[edit] Letter to the Prime Minister
Meanwhile, faced with the possibility of high-level corruption within the NHAI, Dubey wrote directly to the Prime Minister, Atal Bihari Vajpayee, detailing the financial and contractual irregularities in the project. While the letter was not signed, he attached a separate bio-data so that the matter would be taken more seriously. Despite a direct request that his identity be kept secret and its sensitive content that pointed fingers at some of his superiors, the letter along with bio-data was forwarded immediately to the Ministry for Road Transport. Dubey also sent the same letter to the Chairman, NHAI.
Soon Dubey received a reprimand: the vigilance office of NHAI officially "cautioned" Dubey for the impropriety of writing a letter directly to the Prime minister. In the process, through connections in the NHAI and the Ministry, it is likely that the letter may have reached the criminal nexus running the highway construction projects in Bihar.
Following the event, pressure is mounting in India to incorporate a Whistleblower Law.
[edit] Contents of the Letter
The letter said the NHAI officials showed a great hurry in giving mobilisation advance to selected contractors for financial consideration. "In some cases the contractors have been given mobilisation advance just a day after signing the contract agreement."
"The entire mobilisation advance of 10 per cent of contract value, which goes up to Rs 40 crore (USD 10 million) in certain cases, are paid to contractors within a few weeks of award of work but there is little follow up to ensure that they are actually mobilised at the site with the same pace, and the result is that the advance remains lying with contractors or gets diverted to their other activities," it said.
Dubey also highlighted the problems of sub-contracting by the primary contractors.
[But in reality, they are getting most of the work done through numerous small petty contractors (main contractors are supplying only a few critical equipment & materials) at 50-60 per cent of the price quoted by them and the rest 40 per cent of contract price is being pocketed by them without much effort. In the process, the main contractors are working just like commission agents.] – Letter of S.K. Dubey addressed to Prime Minister Of India.
"Though the NHAI is going for international competitive bidding to procure the most competent civil contractors for execution of its projects, when it comes to actual execution, it is found that most of the works, sometimes even up to 100 per cent are subcontracted to petty contractors incapable of executing such big projects," he said. Everyone in the NHAI is aware of the phenomenon of subcontracting but turned the other way.
"I have written all these in my individual capacity. However, I will keep on addressing these issues in my official capacity in the limited domain within the powers delegated to me," the letter said.
[edit] Assassination
On November 27, 2003, Dubey was returning from a wedding in Varanasi, and called his driver to meet him at the station. He reached Gaya railway station at three in the morning, and found that the his car was not able to come because of a battery malfunction.
It appears that at this point Dubey decided to take a rickshaw home. When he didn’t reach home, his driver went to look for him and found him dead by the side of the road in the suburb of A.P. Colony. He had been shot.
The news ignited tremendous public hue and cry. The matter was raised in Parliament, and the Prime Minister shifted the onus of investigation from the Bihar Police (who might themselves be implicated), to the CBI.
A foundation, SK Dubey foundation, was set up to fight corruption in India.
The CBI registered a case against unknown persons under 120-B (criminal conspiracy) and 302 (murder) of Indian Penal Code and various provision under Arms Act on December 14 2003.
[edit] The Investigation
In early investigations, the CBI interrogated the rickshaw puller Pradeep Kumar who was caught using Dubey's stolen cell phone. The mobile phone was switched off for about a fortnight after the murder, but then Kumar called his 'second wife' in Kolkata, following which the CBI traced the rickshaw puller to his slum in Gaya. Although Kumar had a criminal history in similar cases of robbery, it appears he was released after interrogation, and could not be traced a month later.
Two other suspects, Sheonath Sah and Mukendra Paswan, were questioned by the CBI. They were found dead from poisoning on February 1, 2004, within within 25 hours of the CBI questioning. Sah's father lodged an FIR against the CBI with the Bihar Police, but CBI Director Umashanker Mishra called their deaths a suicide in a press meeting a few days later.
The CBI concluded its investigations and four persons were charge-sheeted on September 3, 2004. Based on testimony by Pradeep Kumar, who was his rickshaw puller, the event was presented as an attempted robbery. Because Satyendra put up a fight about giving up his briefcase, he was shot.
The person accused of actually shooting Dubey with a country-made pistol was Mantu Kumar, son of Lachhu Singh, of Village Katari, Gaya district. Accomplices with him included Uday Kumar, Pinku Ravidas and Shravan Kumar.
[edit] Murderer Escapes
On September 19, 2005, while the case was being heard in Patna, Bihar in the court of Addl. Session Judge, J M Sharma, Mantu Kumar escaped from the court premises, leading to widespread allegations of police complicity. While Mantu was being held at the high security Beur Jail, the invigilation can be lax during such court appearances, and it is a common tactic of the mafia to organize a few policemen to make it possible for the criminal to escape.
It was felt that the escape was engineered by higher-ups who may have executed the murder through Mantu Kumar.
The CBI announced a cash reward of Rs. 1 Lakh for apprehending Mantu.
A month later, Mantu Kumar was arrested from near his home in Panchayatee Akhada in Gaya. He had apparently been living in Gaya town and working as a rickshawpuller.
[edit] Who ordered the murder
Now, it is quite possible that Dubey may have been the victim of a simple robbery during which Mantu Kumar shot him, as alleged in the case filed by CBI. However, given the death and disappearance of several witnesses and the startling escape of the prime accused, there is wide-spread speculation that vested interests may have engaged the criminals who actually pulled the trigger.
As for the GQ project, the Supreme Court is currently overlooking investigations into the corruption charges initially raised by the Dubey letter. Several official have been indited and a technical team is overseeing the actual construction.
Also, as of September 2005, news reports indicated that the law ministry was about to introduce legislation to protect whistleblowers.
Meanwhile, on February 10, 2006, a 600 meter stretch of the highway connecting Kolkata to Chennai subsided into the ground, opening up ten meter gorges near Bally, West Bengal 2. This stretch had been completed a year back by a multinational firm, selected after global tendering.
[edit] Fighting Corruption
It is a testimony to fickleness of public memory that there was little hue and cry about Mantu Kumar's escape. Fortunately he was re-arrested.
However, even if it establishes these men as the actual perpetrators of the murder, the motives for the murder remain to be clarified...
However, the fight against corruption in India continues. Unfortunately it continues to claim lives.
A kindred spirit of Dubey, Manjunath Shanmugam, was a graduate of the prestigious IIM Lucknow, 2003 batch. Manju was working as a Sales Manager with Indian Oil Corporation Ltd (IOCL), and refused bribes and ignored threats in his drive to check rampant adulteration of petrol in the pumps owned by the erstwhile monopoly Indianoil. On November 19, 2005, he was shot dead in Lakhimpur Kheri, allegedly by a petrol pump owner and his gang.
[edit] Legacy
Dubey's murder drew several protests in India and abroad, especially by the media. Student and Alumni bodies of IITs took the lead in raising this issue. S. K. Dubey Foundation for Fight Against Corruption in India was launched to systematically fight against corruption [1]. IIT Kanpur instituted an annual award in his name, Satyendra K Dubey Memorial Award, to be given to an IIT alumnus [2] for displaying highest professional integrity in upholding human values. Arvind Kejriwal, a recipient of this award, went on to receive the Ramon Magsaysay Award as well. Indian Express had also announced a fellowship in the name of Dubey [3].
Satyendra Dubey was recognised posthumously by several awards, which included the Whistleblower of the year award from the London-based Index on Censorship [4], the Transparency International's Annual integrity award and the Service Excellence award from the All India Management Association. [5]
[edit] See also
- Shanmughan Manjunath: Indian Institute of Management Lucknow graduate and Indian Oil Corporation employee Manjunath was brutally murdered by the oil mafia in 2005 when he tried to check petrol adulteration in Lakhimpur Kheri, Uttar Pradesh.
