Pune Mirror ; Tanaji Khot; Oct 26, 2010
The PMC’s legal department has given different replies to the same RTI question: In how many cases has municipal prosecutor represented the PMC personally? Ans No1: 150 cases; Ans No 2: 1,520 cases
Even as the Pune Municipal Corporation’s (PMC) fact-finding committee conducts its probe into the summary dismissal of cases by the municipal court because there was no lawyer to represent PMC, two replies to RTI queries by an activist contradict each other on how many cases have been personally represented by the appointed municipal prosecutors.
The RTI queries were filed on August 3 and August 17 by Sudhir Kulkarni, president, Nagari Hakka Samiti. The first query wished to know how many cases were pending and how many were represented by municipal prosecutor personally since 2003 till date.
It also sought information on the strength of the PMC’s legal department’s panel, and how much has been paid to them as fees since 2003. It also sought clarification on the procedure to grant extension of tenure to panel members.
The second RTI query by Kulkarni sought to know how current municipal prosecutor Manjusha Indhate’s assistant, Javed Khan, was appointed with the prior approval of the Standing Committee.
In the reply to the first query, given by the PMC legal department’s Public Information Officer (PIO) and senior clerk A M Jagtap on September 2, from 2003-10, PMC has been involved in 2,833 cases, which include cases from all departments.
The reply stated that 150 cases, which included those pertaining to the octroi, vehicle depot and garden department, were represented by the municipal prosecutor personally.
However, in the reply to the second query on September 16, PIO Jagtap stated that municipal prosecutor represent 1,520 cases on the behalf of the PMC.
Kulkarni alleged, “There is contradiction in the answers given by the legal advisory department. If municipal prosecutor Manjusha Idhate represent 1,520 cases out of 2,833 cases, then there are only 1,313 cases which have been represented by the other 21 panel advocates, on whom the PMC has spent approximately Rs 44,10,000 aproximately.
This is the cumulative amount of Rs 1,75,000 paid to each of the 21 panel lawyers for 12 months. The municipal prosecutor’s yearly fee is Rs 6 lakh, while the administrative expenditure on the municipal court stands at Rs 1.03 crore annually.
Recent appointments in Question
Amidst the controversy surrounding the office of the legal adviser in-charge, who is also the municipal prosecutor, the municipal commissioner appointed two new panel lawyers - Advs Suhas S Choudhari and Prashant Yadav - on October 20.
However, their date of joining the panel is in December, when the tenure of the current panel will end. This early appointment is without precedent, says Kulkarni.
According to this order, these lawyers have been given the job of representing the PMC in criminal and civil matters in various courts, which by the municipal prosecutor’s appointment order, is her job. Last month, when 10 lawyers were appointed to the panel, this clause was absent.
Kulakarni alleged, “Two different parameters were applied for appointing panel lawyers. If panel lawyers will look into the criminal and civil cases, then there is no need for the post of municipal prosecutor. It is difficult to understand why PMC is protecting irregularities by the municipal prosecutor.
On October 22, Kulkarni raised objections to the appointment of these lawyers with the municipal commissioner and applying different parameters to appointments. Kulkarni has also written a letter regarding these alleged irregularities to Chief minister Ashok Chavan and principal secretary for urban development Manukumar Srivastav.
No reply to court’s question
After the dismissal of cases because of not being represented by the municipal prosecutor was brought to light, the municipal prosecutor wrote to the district court and blamed the municipal court for the dismissal of the cases.
After the dismissal of 102 cases, the municipal prosecutor is still not representing the PMC.
On September 9, the court sought clarification from the PMC, asking whether the post of municipal prosecutor really exists? If not, is there any legal provision to hand over the charge of this post to any other person? Till date, the PMC has not replied to the letter.
High number of pending cases
There are 1,053 pending cases in Municipal court. No processing fee was paid or vakalatnama filed in the court. Till date, only 102 cases have been dismissed.
Total advocates on Panel: 21
Fees paid for 1 year: Rs 44,10,000
One Panel lawyer’s fees per month: Rs 1,75,000
Municipal prosecuter’s annual fee: Rs 6 lakh
PMC’s annual administrative expense on court: Rs 1.03 crore
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