SC/ST panel directs Chattisgarh Govt.to verify Jogi's ST status

By Our Special Correspondent

NEW DELHI, OCT. 22. In a significant order which is bound to embarrass the Congress Party, the National Commission for Scheduled Castes and Scheduled Tribes has asked the Chattisgarh Government to verify the ``genuineness of ST status'' of its Chief Minister, Mr. Ajit Jogi.

The order, signed on October 16 and released by the commission Chairman, Mr. Dileep Singh Bhuria, here today categorically stated that Mr. Jogi ``does not belong to the Scheduled Tribe'' but has been fraudulently claiming so, for the purpose of obtaining the ST certificate and deriving all the benefits that come along with it.

The commission has given the State Government a month's time to submit its action taken report. It has also asked for ``urgent and necessary action'' for cancellation of Mr. Jogi's ST certificate and initiation of criminal action as provided under the law.

The commission's order is on a petition filed by Mr. Sant Kumar Netam of Uslapur in Bilaspur district claiming that Mr. Jogi and his ancestors belonged to Satnami caste which is included in the Scheduled Castes list in the State.

``Taking into consideration the available evidence, the Commission is of the considered view that Mr. Ajit P.K Jogi has been fraudulently claiming to belong to `Kanwar' community for the purpose of getting an ST certificate,'' Mr. Bhuria, a former Congress MP, said in his order.

When contacted by this correspondent, Mr. Bhuria was emphatic that Mr. Jogi ``should resign immediately.'' ``The truth is that he is not a tribe but has taken advantage of all the benefits while taking the civil services examination or while fighting for Parliamentary elections from a reserved constituency.''

Asked about the legal implication of his order, Mr. Bhuria said it could be challenged in the High Court and the Supreme Court and it depended on Mr. Jogi what recourse he preferred. As far as the powers of the commission go, it was constituted under Article 338 of the Constitution and has been conferred powers of a civil court, he added.

The ruling notes that Mr. Jogi managed to obtain a ST community certificate in 1967 from the Additional Tehsildar, Pendra Road, Bilaspur District. In 1977, he applied claiming to belong to the `Kanwar' community and attached the 1967 certificate. But Mr.Jogi failed to produce any document in support of his claim, forcing the Additional Tehsildar to seek necessary information from the Patwari. It was discovered that Mr. Jogi is a Christian and belonged to the Satnami caste like all other Jogis in his village. On further verification, it was found that Mr. Jogi's community certificate was not registered in the revenue records and was thus declared a legally invalid document. Subsequently, his application was cancelled in April 1977.

However, the ruling notes that Mr. Jogi, who subsequently joined the IPS and IAS, ``used his influence to get the ST certificate'' and contested the Parliamentary and Assembly elections from constituencies reserved for STs.

The commission is of the view that following reconfirmation that Mr. Jogi's community certificate was false, the Divisional Commissioner or the Collector is authorised to initiate disciplinary and criminal action against the person who has obtained such a false certificate.

The commission's inquiry into the petitioner's complaint has, however, been objected to by Mr. Jogi stating that it has no jurisdiction to entertain a false, malicious and motivated complaint and that similar allegations were made in the past and the High Court had pronounced its judgment dismissing such petitions and imposing a fine on the petitioner.

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