P.R. Dubhashi, former secretary to Government of India in the Prime Minister's Office:
The judgement has been more clear cut and decisive than expected. In this case what was involved was not just one individual's grievances but issues of public importance in a democracy. The issues of the transfer of civil servants, of the role played by them in public life and of the rationale of public administration have been vindicated through this judgement.The principles regarding postings of civil servants should not be taken arbitrarily, although the government may believe it is their prerogative to do so.
Civil servants are entitled to discharge their duty without fear or favour. They should not to be influenced by vested interest or be subject to the whims of the powers that be.
The government is meant to serve the people and the power given to the government officials is meant to be exercised in public interest. It was a momentous decision for public administration at a time when faith in governance has eroded.
I had been hopeful about the case from the very beginning. I had no doubt that if these issues were advanced forcefully there was no doubt that the judgement would be in our favour. When counsel for petitioners, Iqbal Chagla was asked why the case had been filed as a public interest litigation, he said that the case addressed issues of the highest importance. The government's stand can only be described as pusillanimous. It was fully aware that the transfer was made due to the blitzkrieg of demolitions ordered by Bhatia but had no moral courage to admit it.
In all this Pune has come across as an example of a living democracy. The citizens have played an unprecedented role in calling the government to account. The government's accountability to those it governs has been established.
Aroona Nafday, advocate:
I am very happy that the judgement has been in our favour. It is a positive sign for us. Of course, this makes Arun Bhatia's work even more difficult. He has higher expectations to live up to. The judiciary has brought out the essence of a democracy - of the people, by the people and for the people. It has shown that all acts of government must be transparent and in the public interest and not with malafide intent. The judgement has heavily underscored this fact. We were fortunate when ECF decided to challenge the order. We were able to move in fast. It was a tough battle and a tricky judgement. After all, the government does have rights. They do have the right to transfer government officials. But at the same time nothing is supreme. Any action can be questioned.
Our thanks to the judiciary. At least something still works! We had a wonderful Bench. The two judges heard us out patiently and then gave the judgement. They were completely unbiased throughout. It was an impeccable judgement. There was no bias toward either side at all and there was no indication at all of what they thought. It was only on Monday that we were able to glean the feelings of the court from the questions that were put to the defence counsel by the Bench. The problem was that the defence was over-precise in detail and that tended to blur the picture for the judges.
As ECF petitioners, our case was strong to begin with. Since we have already filed a few PILs in other issues before the High Court, we did not have to establish locus standi.
It is wonderful that the citizens protested. However, we cannot sit back now. Our work is just starting. There are many other issues we need to take up. Bhatia is just a face for these issues. We should not lose momentum. We should support anyone who does the same.
Shashikant Mehendale, businessman:
This victory of a citizen's movement should serve as inspiration for people elsewhere. Most importantly, the judgement has reiterated that the ECF is the real pressure group on behalf of the common man.
Though I could not be present in Mumbai on the day of this historic judgement, I was monitoring the chain of events from Pune. I was exhilarated when I got the news.
However, I must say that initially I was not too hopeful. I was in Mumbai in during the initial phase and things did not seem too good - we seemed to have only about 50 per cent chances of a win. But as the case proceeded, it seemed to only get better, especially on April 12, when the proceedings went on till evening. In the face of Justice Sabharwal's incisive probe, the government gradually seemed to have no defence at all, and then of course, came the landmark judgement.
Chandmal Parmar, businessman:
Puneites have shown that they can fight on the streets as well as in the courtroom. The High Court decision has clearly indicated that the government is not above the law.
Looking back at the short time between March 9, when the Chief Minister asked for an enquiry to be conducted and on March 13, when Bhatia was transferred out of his position as municipal commissioner it was obvious that demolitions of those structures which were owned by influential people was the main cause for his transfer. The demolitions were much needed and the PMC had already issued a notice to about 70 commercial establishments in connection with illegal construction on Karve Road, Jangli Maharaj Road and Fergusson College Road in 1993. While the PMC and successive municipal commissioners had put the notices in cold storage it was Arun Bhatia who decided to take action.
The judgement is a victory for the people's movement. This is the first time that the citizens of Pune from all sections of society have taken to the streets for a civic issue.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.