SOS e Clarion Of Dalit

November 27, 2016

Mr. Modi – Big Generators of Black Money

Filed under: dalit human rights — Nagaraja M R @ 8:18 am

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Editor: NAGARAJA.M.R… VOL.10 issue.48…… . 07 / 12 / 2016

Editorial :  Mr. Modi  – Big Generators of Black Money

Mr.Modi  since decades  black money is generated by corporate crimes , illegal trading & Real estate deals.  This  is  also feeding terrorists , anti nationals & mafia.  We  appreciate your first step in curbing black money.

If you are sincere Why not  curb corporate crimes , illegal commercial  trading  & Real estate deals ?

Read :  https://evoiceofhumanrightswatch.wordpress.com/2016/11/16/mr-modi-corporate-criminals/

Promoters , Controlling share holders of corporations are  big time criminals swindling crores of public money. While it is a herculean task for  common man to get Rs 10000 loan from bank , bank will extract it’s pound of  flesh from him to the last penny. Whereas big criminals easily get crores of rupees bank loan,  default & go scot  free.

  It is with connivance of bank lending managers , bank representatives on the board of companies. Over valuation of project cost , money siphoning by trade with sis ter companies , etc. Bank simply lends them crores of rupees but does not  do anything afterwards to monitor , check  misuse of public funds before becoming bust.

   Governments  are not taking action culprit individuals , promoters , majority share holder , bank representative.  Is not government aiding big criminals & creation of black money ?

   Mr.Modi why  NOT you are  taking action ?

Corporate espionage: Expose those who feed the mouth of corruption

By Sanjay Jha

The case can be a tipping point to expose the huge nefarious nexus between government and India Inc, now a powerful fifth estate.

Shantanu Saikia, one of the principal accused in the unfolding, unravelling  scam called “Corporate Espionage” has made two astounding revelations; one, the scale could peak Rs 10,000 crores, and second, that he has been made to sign blank papers during custodial interrogation. Evidently, this spy-drama has the makings of a murky crime thriller, with several big guns with exorbitant stakes involved. The abrupt, sudden arrest of oil ministry officials, a trade journalist, an overseas energy adviser and corporate officers of leviathan private sector energy firms such as Reliance Industries, Essar and Cairn Energy for surreptitiously obtaining sensitive leaked documents from the Petroleum ministry blows the lid off what has been otherwise publicly speculated upon; the formidable halo of big business lobbies in India’s dark political corridors. Big business has emerged as a formidable power center in the Indian political and social ecosystem; ambitious, creative, cash-rich, talented but greedy, it’s suspect ways concealed by sophistry. Are we seeing the cracking of the Omerta code, or is this just a public relations eye-wash for self-righteous posturing? Time will tell. A rewind before that is necessary.

In early 2004 I was attending a corporate symposium where CEOs moved about with feline alacrity and everyone seemed to have an unusually sunny disposition. People joked that their refulgent countenance was a mirror image of India Shining, that celebrated phrase of unbridled optimism and electoral doom. In several photo-ops, the high profile head honchos did a collective thumbs-up. When I almost nervously protested that this utopia looked grossly exaggerated as it was based on just one year of eight per cent GDP growth of the NDA government in 2003-04 and a convenient tweak of poverty estimates, I was dismissed with contumacious indifference, as if a gate-crashing party pooper. I beat a hasty retreat, and ever since have a guarded reverence for these five-star CII/FICCI/Assocham event managers which I have since believed are just platforms for the self-promotion and private business lobbying by a select group, the Big Boys. I would like to term them as India’s “obnoxious oligopolies”, the MSME (Micro-Small Medium Enterprises) that they are supposed to benefit, remain at the outskirts. A similar group was in full attendance sometime back at the Gujarat Global Investors Summit. The charade continues with even greater crescendo in FY 2015.

At the same venue over several bi-annual events, several heads of their respective conglomerates, publicly adulated the bearded, beaming Gujarat chief minister Narendra Modi. They looked like smitten by the first flush of love as they serenaded Modi, adding that they would like to see the poster-boy of the saffron party in a galloping hurry unfurl the Indian tricolours at the Red Fort. Of course, they pretended to be blissfully unaware or conveniently forgot that their prime ministerial designate had the dubious ignominy of not being able to shake hands with US President Barack Obama in the White House, as the US state department had refused to grant Modi a US visa for human rights violations apropos the Gujarat riots and after; for a dastardly sequence of events that he perhaps endorsed or deliberately ignored in Gujarat in 2002 as its elected head (that matter is sub-judice despite the clamorous call that Modi has received a clean chit. Of course now, Modi calls President Obama “Barack”). We could well imagine the geopolitical ramifications of that embargo, but obviously India’s leading corporate chiefs did not. The perceptible bonhomie between our Big Boys and Modi is a manifestation of the blinkered vision of India Inc. It also reflects short-term memory loss as they forget that a seething Modi had asked the CII to publicly apologise for social activist and ex-Thermax chairperson Anu Agha’s condemnation of the Gujarat “genocide”. Tragically, CII catapulted before him instantly. Now that Modi is prime minister, the subjugation, subservience and surrender is reaching new lows. Every other day, a leading industrial magnate appears like an epitome of obsequiousness.

India’ s corporate sector has unfortunately a very convenient moral fibre, which is also unusually elastic. They are creatures of extraordinary accommodation. I remember when the erstwhile PM Dr Manmohan Singh’s government took over in 2004 there was a drastic collapse of the stock markets. Bust! Those black-suited merchant bankers and the 20-something bespectacled analysts predicted serious doomsday, a black hole if you will, what with a centrist national party in a fragile coalition supported by withering age-old Marxists on the wrong side of India’s demographic median. Of course, their crystal-gazing were based on facile factors; no one even briefly comprehended the huge premium the think tank of the Singh-P Chidambaram-Dr Montek Singh Ahluwalia  combine could bring to India’s economy and its financial markets.

Corporate India, still angry that India Shining, had been grievously derailed by the rural voxpopuli was almost dismissive about the ruling combine’s expertise, competence and longevity. Understandable perhaps, but what was indeed surprisingly palpable was the cosmetic assessment of India’s real issues of poverty, the common man’s dire straits, the onerous burden of improving education, health and removing backwardness, and the challenge of inclusive growth. Our award-winning blue-chip brigade only understands corporate tax, exchange rates, prime lending rates and stock market reforms. Unfortunately, the government has a lot more to do. And one of them is to build an equal opportunities secular foundation and a vibrant civil society, something that Modi has long forsaken. The draconian conduct of Modi government over Greenpeace activist Priya Pillai, or its recalcitrance to criticism, the hounding of Teesta Setalvad, do not augur well for India. But India Inc seems remarkably oblivious to the larger debate of democracy in India. All that matters is that quarterly earnings report and the fat dividend check pay-out.

“Instead of redressing the balance between the poor and the rich, between the disconnected and the well connected, between the powerless and the powerful, the India state, despite all of its socialist rhetoric, often ends up discriminating against the former and in favor of the latter. The government, despite the best intentions of some dedicated officials, has the bicyclist’s mentality of bowing on top and kicking below”, said RBI governor Raghuram Rajan in his book Faultlines. He hit the nail on the head. No wonder, rising inequality remains our most intractable challenge.

Thus, for the Ivy League corporate India, Satyam arrived with blaring horns as a deadly neutraliser. Suddenly that pious façade and casual bravado stood shattered. Satyam was not just an epic corporate fraud by itself, it also had a strong principal cast which included multinational auditors, ritzy merchant bankers, Harvard gurus on shareholder protection, and independent directors who made more money from sitting fees or should we call it “sleeping fees”. The supporting crew was endless and each had their own private agenda. As the Satyam saga unfolded, several leading CEOs were fully aware of that “discretionary element” which is usually co-handled with remarkable dexterity by the prized auditors and the senior management in close cohorts. Insider trading allegations rage because they are true, so before we have more corporate chiefs expressing their political preferences, maybe they should get their boardroom act cleaned up. Rajat Gupta of McKinsey got caught, in India, no one does.

Narendra Modi’s pogrom which consumed more than thousands of innocent lives is essentially a meaningless statistic for India’s business czars. As long as Modi can unlock free land, provide subsidised capital, take unilateral decisions devoid of environmental implications or physical displacement caused by them, and make big commercial announcements, everything is kosher. For them a Singur or Nandigram is a social backlash only for the political class to handle. From a hardcore shareholder standpoint, India Inc are bang-on target. If Modi is attracting foreign capital and domestic investment, by all means, he can be development-driven. However to have championed his name for national leadership revealed either a shocking neglect of social sensitivities or a callous disregard for political morality. The fact that Modi has become a PM does nothing to take away the enormous historical baggage that he transports on his shoulders. The Love Jihad brand of politics which has been unleashed since May 2014, coupled with Ghar Wapsi and attacks on churches even had President Obama reminisce Mahatma Gandhi with sorrowful nostalgia. But India Inc remained mummified. These CEOs speak in national forums, but whatever their private predilections, they need to understand the larger ramifications of their public disclosures.

Instead, I would like it if our jet-setting CEOs talked of creating an RTI Act for corporate India for PPP’s, or at least for large corporations using public assets, natural resources etc, wherein we can find facts, as ordinary individuals and not just as shareholders. Isn’t it the ultimate paradox that while the GOI has installed transparency by steadfastly adhering to RTI guidelines, the constantly jabbering India Inc only pays it token lip-service, and worse, walks away with Golden Peacocks and other shimmering accolades, to ultimately do a Satyam? Or a Sahara?Or steal documents from the Oil and Petroleum Ministry? What are their various items under contingent liabilities, and the cross funds flow between group entities? How have they benefited by certain vested policy changes which have impacted company health? Are ethical standards followed in an unregulated business lobbying industry? Besides published accounts, how do they indirectly fund political parties? Why was CII against transparency in giving political donations? And why, after over a year of the act being passed, is Modi’s government reluctant to implement the lokpal bill and make CBI independent? No answers as yet.

The corporate espionage case can be a tipping point to expose the huge nefarious nexus between government and India Inc, now a powerful fifth estate. It is only a tip of the iceberg. It is time we exposed the supply-side of corruption. And above all, brought in electoral reforms in corporate funding of political parties.

Corporate espionage is not new to India Inc, say CEOs

Govt depts, banks prone to information leakage

 

By  Dev Chatterjee  &  Ishita Ayan Dutt 

India Inc is not surprised with the corporate espionagescandal now rocking the petroleum ministry, with many chief executive officers (CEOs) saying documents are regularly leaked from the ministries, tax authorities, banks, and regulators – thus giving competitive advantage to corporates with deep pockets.

“This is not the first time that documents are leaking from the petroleum ministry or from other government agencies. Most of the Cabinet note agendas, ministry’s opinions, and government’s stand in the court are regularly leaked to the corporates who make millions on the stock markets,” said a Mumbai-based CEO, on condition of anonymity.  According to another CEO, who also did not wish to be named because of the sensitivity of the matter, documents are also regularly leaked from banks, income-tax authorities, stock exchanges and from public-sector units.

Many large corporates have separate teams to gather information from various sources to get advantage while bidding for projects or for simply making a quick buck in the stock markets.  Corporates are regularly spying on their competitors also. In 2007, Tata Communications filed a complaint against its then managing director’s secretary, who was caught sending board meeting agendas to a rival via email. Barring filing a chargesheet against the employee, Mumbai police failed to crack the case.
ALSO READ: Seven arrested for theft, sale of oil ministry papers

Tata Motors had to exchange several letters with the West Bengal Industrial Development Corporation (WBIDC) to protect its 11 pages of the annexure to its lease agreement, when it wanted to set up a plant in Sanand. The pages had detailed calculation of the incentives offered by the state government to the company to match those provided by Uttarakhand. The calculation would have given competitors an indication of the car’s profitability and market size of Nano.

WBIDC had to assure the company in writing that no third party would have access to the information.

On Thursday, a Reliance Industries (RIL) official was arrested in the corporate espionage scandal. Reacting to the arrest, the Mukesh Ambani-owned firm said it had launched a “robust internal probe” into the detention of one of its employees by the Delhi police in connection with the alleged official document theft in the oil ministry.

RIL, which is among the largest private-sector players in the Indian oil & gas sector, is also fighting a pitched battle with the oil ministry over allegations of gold-plating its D6 gas blocks off the Andhra Coast and producing less gas than what was promised to the government.

The company also made news when in 2013, the Supreme Court ordered probe into allegations based on Niira Radia leaked tapes that the then oil regulator, Directorate General of Hydrocarbons V K Sibal, favoured RIL in many ways. These charges were not proved.  However, the tapes revealed how corporate lobbyists were taking out information from the Indian government based on their contacts with the media and top officials.

During the gas wars between the Ambani brothers, a lot of sensitive documents made its way into the media. The documents included action planned by the Reserve Bank of India, the Securities and Exchange Board of India, and even international regulators. “Most of the these documents are highly-confidential. This just shows how well-oiled the information collection machinery is,” said an official with a large corporate.

Citing an example, a source said that during the discussion of a contentious deal in the oil & gas sector, divergent views were exchanged between petroleum and law ministries in a Cabinet Committee on Economic Affairs meeting. The minutes were leaked to the company in question. It helped the company identify the people in favour of and against the deal. Subsequently, the ministry in favour of the deal was supplied with more information in support of the deal, while that against it was not only provided with documents stating the benefits of the deal, but also given details of the poor track record of public-sector companies operating in the sector. It ultimately led to a war of white papers.

Many Indian companies are now taking steps to prevent themselves from becoming victims of espionage. This includes setting up the top management’s offices away from the regular employees, access control offices and, if need be, keeping board meetings in secret locations.

Corporate Espionage Case: Companies Paid Rs. 2.5 Lakh Per Month to Obtain Stolen Documents, Says Delhi Police

A “handsome monthly amount” was paid by the arrested corporate executives to those “hired” for obtaining the “stolen documents” from the Ministry of Petroleum and Natural Gas (MoPNG), Delhi Police said in its charge sheet submitted to a Delhi court in the documents leak case.

An amount to the tune of Rs. 2.5 lakhs per month was being paid to the two accused, Lalta Prasad and Rakesh Kumar, who were the first to be arrested outside Shastri Bhavan in New Delhi, it said.
Shailesh Saxena from Reliance Industries Limited (RIL), Vinay Kumar from Essar, KK Naik from Cairns India, Subhash Chandra from Jubilant Energy, and Rishi Anand from Reliance Anil Dhirubhai Ambani Group (Reliance ADAG), energy consultant Prayas Jain, and journalist Shantanu Saikia used to pay the amount to them, the charge sheet said.

“On sustained interrogation, they all admitted that they had hired the services of Rakesh Kumar and Lalta Prasad for obtaining the stolen documents of MoPNG for their business gains,” it said.

The Crime Branch of the Delhi Police also did not rule out the possibility of slapping the charges under the Officials Secret Act (OSA) saying that reports pertaining to all the documents have not been received yet from the MoPNG and they have sought further clarifications from the ministry about it.

“The reports received on April 10, April 15, and April 16, 2015 from MoPNG have been analyzed and it has been observed that reports pertaining to all the documents have not been received.

“Further, it has also not been specified as to the documents marked as secret/confidential are covered under OSA or not. Further clarification in this regard is being sought from MoPNG,” Delhi police said in its charge sheet filed against 13 arrested accused.

On Monday Chief Metropolitan Magistrate Sanjay Khanagwal took cognizance of the charge sheet and fixed the matter for further hearing on May 18.

Police said according to ministry reports, documents recovered from the accused were not in public domain and some of them were marked as “secret/confidential in nature.”

It also said that due to the conspiracy hatched by the accused, “interests of the government and public at large have been compromised. The accused have been indulging in this cheating affecting public/national interest for many years.”

Investigation regarding the role of senior officers and companies was in progress to ascertain their involvement, if any, it said, adding a supplementary charge sheet would be filed later.

Detailing the money transactions, police said that “analysis of bank statements of Lalta Prasad and Rakesh Kumar revealed that there were significant transactions by cash and cheques despite the fact that they were unemployed.”

“The money tranactions in their accounts shows that they have procured that money by illegally selling the documents of MoPNG to various prospective buyers of the companies engaged in Petroleum and Gas sector.

“Assistance from chartered accountants has been sought to further analyze the detailed bank statements of the accused persons/companies. Outcome of which will be filed through the supplementary charge sheet,” it said.

With regard to the documents being allegedly recovered from the possession of the accused people, it said that 80 sets of documents pertaining to MoPNG were seized from Mr Saikia’s house and office while 50 sets of documents were seized from Mr Saxena’s office.

It said seven sets of documents were seized from Mr Jain’s office while four sets and nine sets of documents were seized from the offices of Vinay Kumar and KK Naik respectively.

Similarly, four and six sets of documents were recovered from Rishi Anand and Subhash Chandra respectively. Some of the other arrested accused were also found in possession of certain incriminating documents.

Most of the documents recovered from Mr Jain were not in public domain and six of these documents were marked secret /confidential, it said, adding, 23 documents seized from Mr Saikia were also marked as secret/confidential.

Similarly, two documents recovered from Mr Naik were marked secret whereas documents seized from Vinay, Anand and Mr Chandra were not marked as “secret/confidential”.

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Mobile phones, laptops / computers, and backup of e-mail account data of senior officials of Cairn India, RIL, Reliance ADAG, Jubilant Energy Pvt Ltd and Essar were taken into possession for examination and forensic opinion and result was awaited, police said.

“The back up data of e-mail accounts is being analysed. Investigation into the role of the senior officers and companies is in process. The data is voluminous in nature and painstaking efforts are being made to expedite the analysis,” it said.

It also said call detail records (CDR) of accused showed that they were in constant touch with each other over phone.

“Moreover, it is pertinent to mention that CDR analysis reveals that on many occasions the position of the accused was found to be in cell ID of MoPNG even during odd hours at night when they used to criminally trespass and steal the documents,” the charge sheet said.

Referring to the ministry report, police said none of the documents recovered from the possession of Lalta Prasad was in public domain and two sets of documents were marked as secret CCEA note.

It said Mr Prasad, Rakesh Kumar and accused Raj Kumar Chaubey were not authorised to possess the documents recovered from their possession.

Police said Mr Prasad and Rakesh Kumar with connivance of co-accused Asharam, Ishwar Singh and Virender Kumar had obtained fake temporary I-card/pass of Audit Department defence service and MHA for gaining access to MoPNG and they had also got prepared duplicate keys of the offices.

Police said the accused had “lured” one Mr Vir Singh, who was a CCTV operator in the MoPNG, to switch off the cameras installed in the ministry to facilitate their movement in the office during night.

It said that the outcome of the probe regarding the alleged role of Mr Singh may be filed through supplementary charge sheet.

Police said a “deep rooted conspiracy” was hatched among the accused and the five corporate executives, Mr Jain and Mr Saikia were also the “perpetrators and conspirators” and they had provided the financial aid for carrying out the illegal activities.

It said ministry reports have been enclosed with the charge sheet in a sealed cover and its confidentiality should be kept.

All the accused have been chargesheeted for the alleged offences under sections 457 (trespass), 380 (theft), 411 (dishonestly receiving stolen property), 418 (cheating a person whose interest the offender was bound to protect), 420 (cheating), 468 (forgery for the purpose of cheating), 471 (using as genuine forged documents), 474 (possessing forged documents with intent to use it as genuine), 34 (common intention), read with 120-B (criminal conspiracy) of the IPC.

All the accused are currently in judicial custody.

On February 20, police had arrested the five corporate executives alleging that they used to procure the classified documents from Lalta Prasad and Rakesh Kumar and used to pay them.

The documents were then supplied to the firms by these officials for their benefit, the police had alleged.

The police had earlier told the court that sensitive documents of Ministries of Coal, Power and others were recovered during the investigation.

In its FIR, the police had said that photocopies of sensitive documents including inputs on the Finance Minister’s budget speech were recovered from the possession of accused Rakesh Kumar.

A total of 16 people have been arrested so far in connection with two separate FIRs lodged by the Crime Branch.

2G scam, Spectrum refarming, Sistema controversy, Allocation of Natural Resources explained

  1. What is Spectrum?
  2. Method #1: First come First Serve basis
  3. Method#2: Auctioning method
  4. What happened in 2G scam?
  5. A.Raja (Telecom Ministry)
  6. CAG estimate: 1.7 lakh crore loss
  7. Supreme Court verdict
  8. Presidential reference on SC verdict
  9. Impact of SC verdict
  10. Sistema – Russia Angle
  11. Spectrum Refarming

What is Spectrum?

  • Whenever you watch TV, receive phone call, send SMS, surf internet….data is being transferred from one place to another, say Ahmedabad to Mumbai.
  • So, If data was a “truck”, how would you transport it from A’bad to Mumbai (or vice versa)?
  • Obviously via highway.
  • Spectrum is that highway.

Based on the ‘width’ of the highways, we classify them into following

Spectrum range
CABLE TV 145-860MHZ
2G 800-1900MHz
3G 2100MHz
4G, broadband internet 2300MHz

(^numbers for illustration only. Different websites will give different numbers.)
satellite communication

  • So, We first send the truck from A’bad to a Satellite hovering in the sky, and from there, send the truck to Mumbai.
  • Problem: satellite=expensive. Private Player(Businessman) cannot afford it.
  • Solution: Government launches the satellite using ISRO. Thus the highway (spectrum), is created. Then Government will charge money to whoever(cellphone company) uses this highway (spectrum).
  • You’re a businessman, you want to launch your own mobile service (like Vodafone, Airtel etc). Therefore you’re interested in using this 2G highway, to transport your trucks (data). You can also use 3G or 4G, which provide faster data transfer, but they’re more expensive.

New Problem: to access this 2G highway, you need two things

PROBLEM (BUSINESSMAN’S SIDE) SOLUTION
  1. Driver’s License (to operate the truck)
Apply to Department of Telecom.
  1. Pay rent/toll for using this highway (spectrum). Just like you pay for using Bandra-Worli sea-link or Yamuna Expressway.
Get loan from SBI.Pay the money to Government. Or even better, bribe minister so they give free spectrum.

Highways have fixed capacity. So Government cannot give license to 500000 truck-drivers else, it’ll create traffic jam. So, From Government’s side what should be the “ideal” solution?

  1. Check the application of driver: does he have previous experience of running telecom business? and more importantly his class 10,12 and college marksheets and school leaving certificate.
  2. After verifying his record, Sell the access to this highway (Spectrum).

Another problem: how should Government sell access to this Highway (Spectrum)?
Ans. Two methods, 1) first come first serve 2) Auction.
Both have their advantages and problems.

Method #1: First come First Serve basis

  • You already know how cinema tickets are sold. The person who is first in the line, gets the ticket. If You come late, you don’t get the ticket.
  • This also leads to ticket black-marketeering, for example, I come early, buy all the tickets. You come late, all the tickets are sold, I offer mytickets to you @higher price and make huge profit.
  • This is not good for economy because I’m making money without producing any new goods/services=inflation.
  • But according to a theory propounded by Mr.Sibbal, this is “zero loss”. Because Cinema hall did receive money for ticket sale. So it’s not like Cinema-hall making losses!

anyways, for common men:

  1. Buying ticket=not crime.
  2. Buying ticket but not watching movie AND selling that ticket to third person @higher price=crime.

Method#2: Auctioning method

  • As the name suggest, Auction the tickets. If person A offers Rs.200 for a seat and Person B offers Rs. 500 for the same seat, then sell the ticket to Person B.
  • From theatre owner (Govt)’s point of view: this method may look good, because now we can earn more money per ticket sold and use that money to finance whatever Development scheme we’ve in our mind.
  • Here is the problem: if Person B was a doctor, and he had to shell out Rs.500 for one movie ticket. Then he may charge more fees from patients @his clinic to keep the profit margin same.
  • So overall effect on economy= may not be good.

What happened in 2G scam?
Recall that you needed two things to run telecom business

  1. Driver’s license
  2. Access to Spectrum (via paying the money to Government)

Government decided that

  1. We will give license by “First come first serve basis”.
  2. To get this license, you’ll have to apply before 1st October 2007 and pay money (Entry Fees) for license.
  3. And whoever gets the license, he will automatically get spectrum for free. So no need to pay separate money for accessing highway(spectrum). This is known as “Spectrum linked with License”.
  4. If we give you the licence (+spectrum), then you’ll have to cover 10 per cent district headquarters within the first year of the allotment (i.e. you start serving customers in that area). This is known as “Roll out Obligation.”

And then, what happened next, is a classic case of cinema ticket black-marketeering.

Swan Telecom(Shahid Balwa)

  • A new company, it had no experience of running telecom business.
  • Yet it applied for license and got it.
  • (officially) SWAN telecom paid about Rs.1,500 crores to Government, as 2G Spectrum License fees.
  • But this company did not open a single outlet/mobile tower. So it didnot meet the “Roll out Obligation”.
  • It simply sold 45% stakes to UAE’s Etisalat for around 6000 crore rupees. Calculate the profit%.
  • Shahid Balwa was arrested in 2011, released on bail, thus proving that he is totally awesome.
  • His argument in the court, “Since Mr Sibal and the PM have both said that there was “no loss” to the government from the allcoation of licenses in 2008, so I’m being wrongly accused of corruption and conspiracy.”

Unitech (Sanjay Chandra)

  • This company didnot have any prior experiance of telecom business.
  • Yet, Applied for license, paid $365 million as licence fee to Government.
  • Did not open any outlet/mobile tower.
  • Then sold 60% stakes to Norway’s Talenor for $1.36 billion= huge profit without doing anything.
  • Thus name of company changes: Unitech+Talenor=Uninor.
  • Recall: bought the ticket, did not watch the movie and sold the ticket to third party @higher price.

A.Raja (Telecom Ministry)

raja-telecom-scam-bail

  • Ignored the advice of PM, Finance Ministry, Law ministry, TRAI etc.
  • TRAI had advice Raja to sell the spectrum via ‘auctioning’.
  • But Raja used “first come first serve basis.”
  • Licenses were sold in 2008 but the price (entry fees) were kept very low @2001’s market rates.
  • Initially the last date to apply for licenses = 1st October 2007. But then Raja changed policy “we’ll give license to only those companies who applied before 25th Sept.” This way later-comers could not get license (and had to buy it from ‘black market’).
  • He allowed ineligible companies to apply and get license (e.g. Unitech)
  • The companies who got license but did not start business (UNITECH and SWAN)…Raja did not take action against them. He should have cancelled their licenses or imposed heavy fines on them.
  • Companies paid him the bribes, he transferred money to bank accounts under his wife’s name in Mauritius and Seychelles.
  • Arrested in 2011, got bail in 2012, came back in parliament, thus proving that he is totally (and that means totally) awesome.

Kanimozhi

  • DMK MP, Daughter of Karunanidhi.
  • Shahid Balwa (SWAN) got benefit because of Raja. So he had to pay the ‘bribe’.
  • He transferred Rs.200 crores to “Kalaignar TV channel”, which is owned by Kanimozhi and her step mom Dayalu Amma and other family members.
  • Arrested in 2011, got bail in 2012, came back in parliament, thus proving that she too, is totally awesome.

Neera Radia

Nira Radia 2G Scam

  • There are some phone-tapes, in which this lady is talking with Barkha Dutt (NDTV fame).
  • To put this bluntly, Radia allegedly paid money to Congress party, to get Raja appointed as telecom minister. Then Raja could use the office to benefit particular companies in 2G auction (who had financed his ‘posting’).
  • This phone scandal is known as “Radia Gate”.
  • Only questioned, not arrested, and it is said that she wore a Kashmiri shawl worth Rs.1 lakh during questioning by Enforcement Directorate, so she too is totally awesome.
  • Now that shawl has become so recognisable that Kashmiri shawl sellers have started referring to it as the Radia shawl and sales of it have shot up= good for economy, GDP increased.

There are some other players too- RK Chandolia, Siddharth Behura et al, but you get the idea- they too are totally awesome.
CAG: 1.7 lakh crore loss

  • The 122 2G licenses were given by Raja for over Rs 9,000 crore.
  • While 3G auctions for a smaller number of licenses had fetched the government a sum of Rs 69,000 crore.
  • Therefore Government has lost money (Besides, whatever money made by ticket black-marketeers, is loss to the cinema hall owner)
  • The question remains, how much money was lost?
  • CAG says Government lost Rs.1.76 lakh crores, it has come to this figure, using extrapolations from
  1. licenses were sold in 2008, @the MRP of 2001
  2. The money received from 3G auction vs the money recieved from 2G license.
  3. 2G Spectrum was allotted for free. (recall Government only asked for entry-fees for licenses. Spectrum was linked with License). 2G-Spectrum should have been auctioned.
  4. Profit made by Swan and Unitech etc. through black-marketeering.

Parliament -JPC
In Feb-2011, Parliament Constituted a Joint parliamentary Committee to probe the 2G scam. No “real” progress so far.

Supreme Court verdict

Subramanium Swami 2G scam petition

  • Subramanian Swami, filled a petition in Supreme court, regarding the irregularities in 2G Auction.
  • The case went on, finally in Feb 2012, The Supreme Court cancelled 122 licenses issued in 2008, by A Raja when he was Telecom Minister.
  • Supreme Court said, these licenses were granted in an “arbitrary and unconstitutional” manner.
  • SC asked the Telecom Regulatory Authority of India (TRAI) to recommend a new process of allocation of licenses, along with guidelines for an auction of spectrum.
  • Supreme Court has also ordered Government to finish the auctioning before Jan-2013.

Presidential reference on SC verdict

  • After above verdict of Supreme court, Government decided to get clarification, on whether should every natural resources (coal, gas, petroleum, water etc) be allotted through auction only. (although technically “Spectrum” is not a natural resource, it is generated because of man made satellites.)
  • But, Mohan cannot just call any SC judge and seek clarification. A procedure has to be followed.
  • Through Article 143 of the Indian constitution, the president can refer matters of public interest to the Supreme Court and seek their opinion. This is known as “Presidential Reference”.
  • Here, first the Cabinet headed by Mohan approves a resolution that “WE need to send presidential reference in this xyz matter.”
  • Letter goes to President of India, then he/she sends a new letter to Supreme court asking “what should be done in this XYZ matter?”

Supreme court on Presidential Reference

  • Supreme court said auction cannot be the only method of allocating natural resources, it should be considered on a case-by-case basis.
  • Earning maximum revenue is secondary to serving the public good in allocating natural resources.
  • But if allocation of a particular resource is going to get sudden huge profit to a company, then such resource should be allotted through auction only. (for example 2G spectrum).
  • In anycase, all decisions and actions of the government are open to being questioned by the court.

Apart from that, a committee on allocation of natural resources, headed by Ashok Chawla, also recommended the adoption of a transparent and competitive process for the allocation of natural resources.
Impact of License Cancellation by Supreme Court
Customers

  • Since the license are scrapped, and new auction will be held = input cost of mobile companies will increase.
  • So, They’ll increase the call-rates to keep the profit margin same.
  • Therefore final consumer (common men) become the innocent victim in this game.

Foreign Investors

  • Norway’s Talenor and UAE’s Etisalat Company had paid heavy price to invest in the telecom sector of India.
  • But since the licenses are cancelled, in future, the foreign investors will be extremely cautious before investing in India, particularly in the sectors related with “allocation” of spectrum, coal mines etc.

Government

  • The reputation of Government =already down. So in terms of reputation they’ve got nothing to lose.
  • They make excuse that 1) 2G =Zero loss. 2) Since licenses were not auctioned = companies got them cheap = call rates were cheaper = public benefited from this.
  • Congi Government also maintains that we merely followed the policy of NDA (BJP), i.e. spectrum was linked with license and first-come-first serve basis. So, if our seniors did brutal ragging on us in the hostel, then we too will continue the glorious tradition by brutally ragging our juniors.
  • Anyway nobody is a saint when it comes to allotment of land, coal reserves, spectrum etc be it congress, BJP, state Government, union Government. because everybody needs truckload of cash to finance election campaigns.
  • Now Government will auction some 2G spectrum in Nov 2012 and expects to earn around Rs.40,000 crores.
  • And this money could be used to solve the fiscal deficit problem (click me) or to finance any new Government schemes for poor people.

Banks

  • SBI, PNB and other banks had landed to some of those telecom companies and now licenses are cancelled, so loan-money is stuck.
  • Anyways, nothing new for SBI- their loan-money is stuck with Vijay Mallya (Kingfisher) also.

Innocent aspirants of competitive exams

  • They’ve to prepare one more stupid topic for exams/group discussion /interview.
  • Anyways, nothing new for them either, they’re used to this irony of life.

Sistema –Russia issue

  • Just like Telenor (Norway) and Etilsat (UAE), Sistema (Russia) is also a foreign telecom company.
  • Sistema had bought stakes in an India company (Shyam Telecom), but then Supreme court cancelled their license.
  • Now Sistema has appealed the Supreme court to restore its license, current matter is pending in court.
  • In the light of this event, Russian Government has warned India that
  1. “If the issue of cancellation of 2G license to Sistema is not resolved in Indian courts, we will go for international arbitration.” (because Russian Government too holds about 17% in this Sistema-Shyam telecom company.)
  2. Row over Sistema will have “great repercussion” not only on Indo-Russian bilateral cooperation but also for foreign investments in India.
  3. We will not let Sistema’s USD 3.1 billion investment in its Indian telecom venture go waste due to “internal problems” here.

Spectrum Refarming

  • This is a separate issue, not directly associated with 2G Scam of A.Raja.
  • In 2001, some companies got License + free spectrum (900 Mhz). (recall that Spectrum was linked with the license.)
  • They’ve to renew their license in 2014.
  • But now Government has changed policy. According to new policy, Spectrum is de-linked from License. So you’ve to apply for license separately and you have to purchase spectrum separately (through auction).
  • Telecom Regulatory Authority of India (Trai) has suggested that existing mobile operators will have to surrender the spectrum in the 900 Mhz band at the time of license renewal in 2014.
  • And then, this 900 Mhz spectrum will be auctioned again.
  • Under this so called “Spectrum-refarming” process, if the companies manage to win in the auctions, they will be able to retain the spectrum or, in lieu, they would be given the 1,800 MHz spectrum via another auction.
  • Telecom companies are against this decision.
  • Their argument, “we’ve already invested more than one lakh crore rupees in machinery, mobile tower, other infrastructure for 900Mhz spectrum. If you take this away and give us new type of spectrum, we’ll have to buy new machines=we’ll increase call rate price to cover the losses”.
  • The matter will now be decided by Empowered group of ministers (EGoM).

Holding companies, not just individuals, responsible for corporate crime

By Brandon L. Garrett

 

The OECD Working Group on Bribery (WGB) is correctly interested in examining more closely the question of legal liability of organizations, including corporations. The broad question raised is what makes for an effective system for the liability of legal persons and as the WGB recognizes, there are many choices that follow if corporate criminal liability is adopted. Corporate criminal liability has evolved enormously in the United States, not in the legal standard, but in the details of its implementation, and many lessons can be learned from that experience.

Costs and Benefits of Corporate Criminal Liability

One advantage of entity legal liability for foreign bribery, and a range of crimes, is that often employees and agents are not facilitating the payment of bribers purely or even chiefly for their own benefit, but rather for the benefit of a corporation.  The bribe money may come from the corporation, with the intent of securing business for the corporation, and the employees may at best want to be rewarded in their careers at the corporation.  The corporation may create the environment that encourages employees, officers, and agents to pay bribes to secure business.  The corporation itself must be deterred from promoting bribery.  The corporation may also be in the best position to adopt measures to prevent bribery in the future.  Employees may be fired or prosecuted, but their replacements will continue the same practices if the corporation does not change its own policies and culture.

For those reasons, punishing only individuals may not affect the incentives and the culture that the corporation created.  That said, corporations need not be punished criminally if civil alternative suffice to deter bribery.  Whether civil fines and civil injunctions are adequate to do so, may depend on what penalties are available to civil enforcers and whether they have the investigative resources to effectively uncover and penalize bribery schemes.  In many countries, civil regulators cannot impose punitive fines.  If a company, for example, need only disgorge its gains from bribery when it is caught, there is little incentive not to continue paying bribes to secure profitable business.  However, if civil regulators can impose punitive fines (for example fines up to twice the gains to the company or the losses to victims – the standard under the criminal Alternative Fines Act in the US) then the outcome may not be much different than if the case was denominated as criminal.  The only difference may be the reputational threat of a criminal case, the collateral consequences of a criminal action, and requirements in criminal cases that a company cooperate in any investigations of individuals.  Each of those features of criminal enforcement in the US could in theory be made part of a civil enforcement scheme – even cooperation in any pending criminal investigations of individuals.  Collateral consequences such as debarment or suspension can also (and often are) be associated with civil enforcement.

The main reasons to denominate penalties and sanctions (such as monitoring or compliance) as criminal would be that civil authorities in a given country might not have the enforcement resources, investigative resources, or penalties and sanctions available to sufficiently deter and punish foreign bribery.

Procedure may enhance or limit the ability to adopt corporate criminal liability in a jurisdiction.  For example, if entities have self-incrimination rights, then an entity target will be able to resist providing documents and information about wrongdoing – corporate criminal liability will make it more difficult for enforcers to secure information about what transpired.  Or if corporate criminal liability better incentivizes cooperation in investigation of individual offenders, it may enhance accountability in such cases.

Jurisdictional obstacles to bringing bribery cases against employees of a multi-national corporation may not exist for corporations that have an operating presence in a country.  As a result, jurisdiction may be another practical reason to have corporate criminal liability (however, civil liability could also be premised on the same concept of jurisdiction).

Form of Corporate Criminal Liability

Some countries adopt modified forms of corporate criminal liability in which prosecutors must prove involvement of high level officials, for example, or that the criminal actions were endorsed or ratified by top-level officers.  Such approaches make it far too difficult to impose liability and they lead to complex investigation and litigation of questions regarding knowledge of particular actors within a company.  Individual accountability can and should be investigated separately, but to intermingle such questions with the question of corporate liability hinders effective enforcement.

A strict or respondeat superior standard imposes liability on a company for the actions of agents acting with the scope of their employment and at least in part to benefit the corporation.  That broad standard, adopted in federal court in the United States, makes it clear that a company cannot avoid liability for actions of employees, or of contractors or subsidiaries acting at least in part in the interests of the corporation.  If a jurisdiction is to adopt corporate criminal liability, that liability standard is preferable, in my view.  All conduct by agents, including hired intermediaries, contractors, broadly defined, should support liability.  Nor are such agents “unrelated” if they are hired by the corporation.

There is no reason to excuse bribery when it is a “low-level” employee that commits it.  The problem is not a mere failure to supervise; the low level employee has no reason to engage in bribery except to benefit the corporation.  If there is a low-level employee exception to bribery law then corporations can tacitly encourage the most dispensable low-level employees to violate bribery laws.

Nor is there any reason to excuse successors from the criminal actions of the entity they acquired.  A sale or merger should not wipe the criminal slate clean.  Otherwise, companies would play a shell game, engaging in mergers or sales simply to avoid consequences of their crimes.  Companies should be expected to do due diligence regarding criminal exposure before making a purchase, and that potential liability and need to do due diligence will further encourage compliance to detect and prevent bribery.

More nuanced questions concerning whether the corporation should be fully blameworthy can be addressed as a matter of sentencing or through settlement with prosecutors.  Whether to credit corporate cooperation and self-reporting or existing compliance efforts, for example, can be considered as a matter of sentencing, or in negotiation of settlement agreements.  Keeping such case-specific questions separate from the question of the liability standard, however, has real advantages.

Settlements and Remedies

There is much to discuss regarding how settlements can or should occur and options for guiding and structuring corporate settlements.  I have argued that having judicial involvement in the approval and supervision of settlements enhances the legitimacy of the process and permits the public interest to be better considered.  Purely out-of-court settlements should be avoided.

Compliance may be important to reforming a corporation going forward, and as a condition of resolving a bribery case. Prospective compliance is more important, in my view, than the question whether to reward retrospective compliance.  It is problematic to excuse penalties based on pre-existing compliance – which was by definition ineffective in detecting bribes – and because assessing compliance from the outside is challenging.  It is important to carefully assess a company’s compliance, and if it truly did everything it could to prevent bribers, then it should be mitigating factor, but not a shield from liability.

There should also be clear incentives to audit and assess compliance, even if the result uncovers self-critical information.  Indeed, there should be incentives to share best practices across industry.  Enforcers and prosecutors should make the rewards for sharing best practices clear and they should promote sharing of best practices.

More important will be imposition of deterrent fines – and on the detection side of the equation, rewarding self-reporting by companies, since it can be very difficult for enforcers to know whether bribes were paid.  Enforcers should also reward whistleblowers who report bribery.

General Corporate Criminal Liability

Having a general standard for corporate criminal liability has the advantage that bribery crimes may be accompanied by other corporate crimes, like money laundering, fraud, or antitrust violations, to name just a few examples.  Adopting anti-corruption crimes but not having mechanisms to address accompanying criminal conduct can weaken enforcement. That said, as with any crime, it is far better for bribery crimes to be detailed in statutes to provide clear notice as to what conduct is prohibited.

Finally, I note that as more countries adopt corporate criminal liability for bribery and other crimes, it will be important to develop coordination rules, including double jeopardy norms, so that corporations do not face multiple overlapping punishments for the same conduct.

Top 10 Corporate Criminals List

2016 Introduction

Many corporations are complicit in violating human rights and the environment. As the free trade market continues to push forward the global economy, holding corporations accountable for their poor practices becomes difficult. Unfortunately, corporations are working harder than ever to cover abuses instead of preventing them.

This does not have to be the reality. People can use their purchasing power to endorse Fair Trade, pressure companies to do the right thing, and boycott those that violate human rights and the environment. In doing so there is potential to pressure these companies to put people and planet ahead of profits.

Global Exchange has compiled a new list of  “most wanted” corporations of 2016 based on issues like unlivable working conditions, low pay, violations of human right and voting rights; climate change denial, and environmental destruction, just to name a few.

Four corporations, Koch Industries, McDonald’s, Chevron and Monsanto were on earlier lists but are included again, as the corporate behavior of these companies has reached egregious levels this year and merits repeat attention.

The Ten Top Corporate Criminals list is a guide to what companies like Energy Transfer Partners, Exxon Mobil, H&M and others are doing to undermine human rights and the environment. Share the list with friends, family, and co-workers. Use the Take Action section to add your voice and increase the pressure.

We at Global Exchange encourage you to exercise your power as a global citizen to promote social justice and defend the Earth.

The List

  1. Energy Transfer Partnersfor the construction of the Dakota Access Pipeline.
  2. Corrections Corporation Of America (CCA)for profiting off of the incarceration of American citizens and immigrants.
  3. DESA (Desarrollos Energéticos S.A.)for the construction of dams on Indigenous Lenca lands in Honduras.
  4. Exxon Mobilfor suppressing climate science and delaying action on global warming for decades.
  5. Koch Industriesfor investing $889 million to sway the outcome of 2016 Congressional races. This is an update from 2015.
  6. McDonald’s Corporationfor unfair pay practices. This is an update from 2015.
  7. PepsiCofor violating worker rights, along with destroying rainforests, harming local communities and Indigenous Peoples’ lands, and causing massive greenhouse gas emissions by draining and burning of peatlands for production of palm oil.
  8. Chevronfor its refusal to clean up the Amazon.
  9. H&Mfor its failure to ensure the safety of workers in Bangladesh.
  10. Monsantofor the development of genetically engineered wheat.11. Dis-Honorable Mention (Backslider): Dunkin’ Donuts

Top 100 Corporate Criminals of the Decade
by Russell Mokhiber

INTRODUCTION
Every year, the major business magazines put out their annual surveys of big business in America.

You have the Fortune 500, the Forbes 400, the Forbes Platinum 100, the International 800 — among others.

These lists rank big corporations by sales, assets, profits and market share. The point of these surveys is simple — to identify and glorify the biggest and most profitable corporations.

The point of the list contained in this report, The Top 100 Corporate Criminals of the Decade — is to focus public attention on a wave of corporate criminality that has swamped prosecutors offices around the country.

This is the dark underside of the marketplace that is given little sustained attention and analysis by politicians and news outlets.

To compile The Top 100 Corporate Criminals of the 1990s, we used the most narrow and conservative of definitions — corporations that have pled guilty or no contest to crimes and have been criminally fined.

The 100 corporate criminals fell into 14 categories of crime: Environmental (38), antitrust (20), fraud (13), campaign finance (7), food and drug (6), financial crimes (4), false statements (3), illegal exports (3), illegal boycott (1), worker death (1), bribery (1), obstruction of justice (1) public corruption (1), and tax evasion (1).

We did not try to assess and compare the damage committed by these corporate criminals or by other corporate wrongdoers.

There are millions of Americans who care about morality in the marketplace.

But few Americans realize that when they buy Exxon stock, or when they fill up at an Exxon gas station, they are in fact supporting a criminal recidivist corporation.

And few Americans realize that when the take a ride on a cruise ship owned by Royal Caribbean Cruise Lines, they are riding on a ship owned by a criminal recidivist corporation.

Six corporations that made the list of the Top 100 Corporate Criminals were criminal recidivist companies during the 1990s.

In addition to Exxon and Royal Caribbean, Rockwell International, Warner-Lambert, Teledyne, and United Technologies each pled guilty to more than one crime during the 1990s.

A few caveats about this report.

Caveat one: Big companies that are criminally prosecuted represent only the tip of a very large iceberg of corporate wrongdoing.

For every company convicted of health care fraud, there are hundreds of others who get away with ripping off Medicare and Medicaid, or face only mild slap-on-the-wrist fines and civil penalties when caught.

For every company convicted of polluting the nation’s waterways, there are many others who are not prosecuted because their corporate defense lawyers are able to offer up a low-level employee to go to jail in exchange for a promise from prosecutors not to touch the company or high-level executives.

For every corporation convicted of bribery or of giving money directly to a public official in violation of federal law, there are thousands who give money legally through political action committees to candidates and political parties. They profit from a system that effectively has legalized bribery.

For every corporation convicted of selling illegal pesticides, there are hundreds more who are not prosecuted because their lobbyists have worked their way in Washington to ensure that dangerous pesticides remain legal.

For every corporation convicted of reckless homicide in the death of a worker, there are hundreds of others that don’t even get investigated for reckless homicide when a worker is killed on the job. Only a few district attorneys across the country (Michael McCann, the DA in Milwaukee County, Wisconsin, being one) regularly investigate workplace deaths as homicides.

Caveat two: Corporations define the laws under which they live.

For example, the automobile industry over the past 30 years has worked its will on Congress to block legislation that would impose criminal sanctions on knowing and willful violations of the federal auto safety laws. Now, if an auto company is caught violating the law, and if the cops are not asleep at the wheel, only a civil fine is imposed.

Caveat three: Because of their immense political power, big corporations have the resources to defend themselves in courts of law and in the court of public opinion.

Few prosecutors are willing to subject themselves to the constant legal and public relations barrage that a corporation’s well connected and high-priced legal talent can inflict.

It is a testament to the tenacity of a few dedicated federal prosecutors that Royal Caribbean Cruise Lines, for example, was criminally convicted of polluting the oceans.

In the criminal prosecution of Royal Caribbean Cruise Lines the company was facing a team of two federal criminal prosecutors.

To defend itself, Royal Caribbean hired Judson Starr and Jerry Block, both of whom have served as head of the Justice Department’s Environmental Crimes Section, and former Attorney General Benjamin Civiletti.

Also representing Royal Caribbean were former federal prosecutors Kenneth C. Bass III, and Norman Moscowitz. Donald Carr of Winthrop & Stimson also joined the defense team.

Hired on as experts on international law issues were former Attorney General Eliot Richardson, University of Virginia law professor John Norton Moore, former State Department officials Terry Leitzell and Bernard Oxman, and four retired senior admirals.

As the case proceeded to trial, Royal Caribbean engaged in a massive public relations campaign, taking out ads during the Super Bowl, putting former Environmental Protection Agency (EPA) Administrators on its board of directors, and donating thousands of dollars to environmental groups.

Federal prosecutors overcame this legal and public relations barrage and convicted the company. But that was an unusual prosecution and unusually determined prosecutors.

While the 1990s was a decade of booming markets and booming profits, it was also a decade of rampant corporate criminality.

There is an emerging consensus among corporate criminologists.

And that emerging consensus is this: corporate crime and violence inflicts far more damage on society than all street crime combined.

The FBI estimates, for example, that burglary and robbery — street crimes — costs the nation $3.8 billion a year.

Compare this to the hundreds of billions of dollars stolen from Americans as a result of corporate and white-collar fraud.

Health care fraud alone costs Americans $100 billion to $400 billion a year.

The savings and loan fraud — which former Attorney General Dick Thornburgh called “the biggest white collar swindle in history” — cost us anywhere from $300 billion to $500 billion.

And then you have your lesser frauds: auto repair fraud, $40 billion a year, securities fraud, $15 billion a year — and on down the list.

Recite this list of corporate frauds and people will immediately say to you: but you can’t compare street crime and corporate crime — corporate crime is not violent crime.

Unfortunately, corporate crime is often violent crime.

The FBI estimates that, 19,000 Americans are murdered every year.

Compare this to the 56,000 Americans who die every year on the job or from occupational diseases such as black lung and asbestosis and the tens of thousands of other Americans who fall victim to the silent violence of pollution, contaminated foods, hazardous consumer products, and hospital malpractice.

These deaths are often the result of criminal recklessness. They are sometimes prosecuted as homicides or as criminal violations of federal laws.

And environmental crimes often result in death, disease and injury.

In 1998, for example, a Tampa, Florida company and the company’s plant manager were found guilty of violating a federal hazardous waste law. Those illegal acts resulted in the deaths of two nine-year-old boys who were playing in a dumpster at the company’s facility.

This report is only a tiny step in an effort to fill a great void in corporate crime research.

The Justice Department has the information and should get the budget to begin putting out yearly reports on corporate crime.

Every year, the Justice Department puts out an annual report titled “Crime in the United States.”

But by “Crime in the United States,” the Justice Department means “street crime in the United States.”

So, in “Crime in the United States” document you will read about burglary, robbery and theft. There is nothing in it about price-fixing, corporate fraud, pollution, or public corruption.

A yearly Justice Department report on Corporate Crime in the United States is long overdue.

THE TOP 100 CORPORATE CRIMINALS OF THE 1990’s

1) F. Hoffmann-La Roche Ltd.
Type of Crime: Antitrust
Criminal Fine: $500 million
12 Corporate Crime Reporter 21(1), May 24, 1999

2) Daiwa Bank Ltd.
Type of Crime: Financial
Criminal Fine: $340 million
10 Corporate Crime Reporter 9(3), March 4, 1996

3) BASF Aktiengesellschaft
Type of Crime: Antitrust
Criminal Fine: $225 million
12 Corporate Crime Reporter 21(1), May 24, 1999

4) SGL Carbon Aktiengesellschaft (SGL AG)
Type of Crime: Antitrust
Criminal Fine: $135 million
12 Corporate Crime Reporter 19(4), May 10, 1999

5) Exxon Corporation and Exxon Shipping
Type of Crime: Environmental
Criminal Fine: $125 million
5 Corporate Crime Reporter 11(3), March 18, 1991

6) UCAR International, Inc.
Type of Crime: Antitrust
Criminal Fine: $110 million
12 Corporate Crime Reporter 15(6), April 13, 1998

7) Archer Daniels Midland
Type of Crime: Antitrust
Criminal Fine: $100 million
10 Corporate Crime Reporter 40(1), October 21, 1996

8)(tie) Banker’s Trust
Type of Crime: Financial
Criminal Fine: $60 million
12 Corporate Crime Reporter 11(1), March 15, 1999

8)(tie) Sears Bankruptcy Recovery Management Services
Type of Crime: Fraud
Criminal Fine: $60 million
13 Corporate Crime Reporter 7(1), February 15, 1999

10) Haarman & Reimer Corp.
Type of Crime: Antitrust
Criminal fine: $50 million
11 Corporate Crime Reporter 5(4), February 3, 1997

11) Louisiana-Pacific Corporation
Type of Crime: Environmental
Criminal Fine: $37 million
12 Corporate Crime Reporter 23(1), June 8, 1998

12) Hoechst AG
Type of Crime: Antitrust
Criminal Fine: $36 million
12 Corporate Crime Reporter 19(6), May 10, 1999

13) Damon Clinical Laboratories, Inc.
Type of Crime: Fraud
Criminal Fine: $35.2 million
10 Corporate Crime Reporter 39(6), October 14, 1996

14) C.R. Bard Inc.
Type of Crime: Food and drug
Criminal Fine: $30.9 million
7 Corporate Crime Reporter 41(1), October 25, 1993

15) Genentech Inc.
Type of Crime: Food and drug
Criminal Fine: $30 million
12 Corporate Crime Reporter 16(3), April 19, 1999

16) Nippon Gohsei
Type of Crime: Antitrust
Criminal Fine: $21 million
12 Corporate Crime Reporter 29(3), July 19, 1999

17)(tie) Pfizer Inc.
Type of Crime: Antitrust
Criminal Fine: $20 million
12 Corporate Crime Reporter 30(1), July 26, 1999

17)(tie) Summitville Consolidated Mining Co. Inc.
Type of Crime: Environmental
Criminal Fine: $20 million
10 Corporate Crime Reporter 20(3) May 20, 1996

19)(tie) Lucas Western Inc.
Type of Crime: False Statements
Criminal Fine: $18.5 million
9 Corporate Crime Reporter 4(6), January 30, 1995

19)(tie) Rockwell International Corporation
Type of Crime: Environmental
Criminal Fine: $18.5 million
6 Corporate Crime Reporter 13(4), March 30, 1992

21) Royal Caribbean Cruises Ltd.
Type of Crime: Environmental
Criminal Fine: $18 million
12 Corporate Crime Reporter 30(4), July 26, 1999

22) Teledyne Industries Inc.
Type of Crime: Fraud
Criminal Fine: $17.5 million
6 Corporate Crime Reporter 39(9), October 12, 1992

23) Northrop
Type of Crime: False statements
Criminal Fine: $17 million
4 Corporate Crime Reporter 9(1), March 5, 1990

24) Litton Applied Technology Division (ATD) and Litton Systems Canada (LSL)
Type of Crime: Fraud
Criminal Fine: $16.5 million
12 Corporate Crime Reporter 27(1), July 5, 1999

25) Iroquois Pipeline Operating Company
Type of Crime: Environmental
Criminal Fine: $15 million
10 Corporate Crime Reporter 22(1), June 3, 1996

26) Eastman Chemical Company
Type of Crime: Antitrust
Criminal Fine: $11 million
12 Corporate Crime Reporter 38(5), October 5, 1998

27) Copley Pharmaceutical, Inc.
Type of Crime: Food and drug
Criminal Fine: $10.65 million
11 Corporate Crime Reporter 22(1), June 2, 1997

28) Lonza AG
Type of Crime: Antitrust
Criminal Fine: $10.5 million
12 Corporate Crime Reporter 10(1), March 8, 1999

29) Kimberly Home Health Care Inc.
Type of Crime: Fraud
Criminal Fine: $10.08 million
12 Corporate Crime Reporter 30(6), July 26, 1999

30)(tie) Ajinomoto Co. Inc.
Type of Crime: Antitrust
Criminal Fine: $10 million
10 Corporate Crime Reporter 40(1), October 21, 1996

30)(tie) Bank of Credit and Commerce International (BCCI)
Type of Crime: Financial
Criminal Fine: $10 million
4 Corporate Crime Reporter 3(1) January 22, 1990

30)(tie) Kyowa Hakko Kogyo Co. Ltd.
Type of Crime: Antitrust
Criminal Fine: $10 million
10 Corporate Crime Reporter 40(1), October 21, 1996

30)(tie) Warner-Lambert Company
Type of Crime: Food and drug
Criminal Fine: $10 million
9 Corporate Crime Reporter 46(1), December 4, 1995

34) General Electric
Type of Crime: Fraud
Criminal Fine: $9.5 million
6 Corporate Crime Reporter 30(7), July 27, 1992

35)(tie) Royal Caribbean Cruises Ltd.
Type of Crime: Environmental
Criminal Fine: $9 million
12 Corporate Crime Reporter 23(3), June 8, 1998

35)(tie) Showa Denko Carbon
Type of Crime: Antitrust
Criminal Fine: $9 million
12 Corporate Crime Reporter 19(4), May 10, 1999

37) IBM East Europe/Asia Ltd.
Type of Crime: Illegal exports
Criminal Fine: $8.5 million
12 Corporate Crime Reporter 32(1), August 10, 1998

38) Empire Sanitary Landfill Inc.
Type of crime: Campaign finance
Criminal fine: $8 million
11 Corporate Crime Reporter 39(3), October 13, 1997

39)(tie) Colonial Pipeline Company
Type of Crime: Environmental
Criminal Fine: $7 million
13 Corporate Crime Reporter 9(3), March 1, 1999

39)(tie) Eklof Marine Corporation
Type of Crime: Environmental
Criminal Fine: $7 million
11 Corporate Crime Reporter 37(4), September 29, 1997

41)(tie) Chevron
Type of Crime: Environmental
Criminal Fine: $6.5 million
6 Corporate Crime Reporter, 22(1), June 1, 1992

41)(tie) Rockwell International Corporation
Type of Crime: Environmental
Criminal Fine: $6.5 million
10 Corporate Crime Reporter 15(4), April 15, 1996

43) Tokai Carbon Ltd. Co.
Type of Crime: Antitrust
Criminal Fine: $6 million
12 Corporate Crime Reporter 19(4), May 10, 1999

44)(tie) Allied Clinical Laboratories, Inc.
Type of Crime: Fraud
Criminal Fine: $5 million
10 Corporate Crime Reporter 45(1), November 25, 1996

44)(tie) Northern Brands International Inc.
Type of Crime: Fraud
Criminal Fine: $5 million
13 Corporate Crime Reporter 1(1), January 4,1999

44)(tie) Ortho Pharmaceutical Corporation
Type of Crime: Obstruction of justice
Criminal Fine: $5 million
9 Corporate Crime Reporter 2(3), January 16, 1995

44)(tie) Unisys
Type of Crime: Bribery
Criminal Fine: $5 million
5 Corporate Crime Reporter 35(11), September 16, 1991

44)(tie) Georgia Pacific Corporation
Type of Crime: Tax evasion
Criminal Fine: $5 million
5 Corporate Crime Reporter 38(8), October 7, 1991

49) Kanzaki Specialty Papers Inc.
Type of Crime: Antitrust
Criminal Fine: $4.5 million
8 Corporate Crime Reporter 29(4), July 18, 1994

50) ConAgra Inc.
Type of Crime: Fraud
Criminal Fine: $4.4 million
11 Corporate Crime Reporter 12(1), March 24, 1997

51) Ryland Mortgage Company
Type of Crime: Financial
Criminal Fine: $4.2 million
12 Corporate Crime Reporter 32(1), August 10, 1998

52)(tie) Blue Cross Blue Shield of Illinois
Type of Crime: Fraud
Criminal Fine: $4 million
12 Corporate Crime Reporter 29(1), July 20, 1998

52)(tie) Borden Inc.
Type of Crime: Antitrust
Criminal Fine: $4 million
4 Corporate Crime Reporter 11(9), March 19, 1990

52)(tie) Dexter Corporation
Type of Crime: Environmental
Criminal Fine: $4 million
6 Corporate Crime Reporter 35(6), September 14, 1992

52)(tie) Southland Corporation
Type of Crime: Antitrust
Criminal Fine: $4 million
4 Corporate Crime Reporter 11(9), March 19, 1990

52)(tie) Teledyne Industries Inc.
Type of Crime: Illegal exports
Criminal Fine: $4 million
9 Corporate Crime Reporter 5(3), February 6, 1995

52)(tie) Tyson Foods Inc.
Type of Crime: Public corruption
Criminal Fine: $4 million
12 Corporate Crime Reporter 1(3), January 5, 1998

58)(tie) Aluminum Company of America (ALCOA)
Type of Crime: Environmental
Criminal Fine: $3.75 million
5 Corporate Crime Reporter 29(6), July 22, 1991

58)(tie) Costain Coal Inc.
Type of Crime: Worker Death
Criminal Fine: $3.75 million
7 Corporate Crime Reporter 9(10), March 1, 1993

58)(tie) United States Sugar Corporation
Type of Crime: Environmental
Criminal Fine: $3.75 million
5 Corporate Crime Reporter 27(4), December 9, 1991

61) Saybolt, Inc., Saybolt North America
Type of Crime: Environmental
Criminal Fine: $3.4 million
12 Corporate Crime Reporter 33(1), August 17, 1998

62)(tie) Bristol-Myers Squibb
Type of Crime: Environmental
Criminal Fine: $3 million
6 Corporate Crime Reporter 18(3), May 4, 1992

62)(tie) Chemical Waste Management Inc.
Type of Crime: Environmental
Criminal Fine: $3 million
6 Corporate Crime Reporter 40(5), October 19, 1992

62)(tie) Ketchikan Pulp Company
Type of Crime: Environmental
Criminal Fine: $3 million
9 Corporate Crime Reporter 13(1), April 3, 1995

62)(tie) United Technologies Corporation
Type of Crime: Environmental
Criminal Fine: $3 million
5 Corporate Crime Reporter 21(1), May 27, 1991

62)(tie) Warner-Lambert Inc.
Type of Crime: Environmental
Criminal Fine: $3 million
11 Corporate Crime Reporter 37(3), September 29, 1997

67)(tie) Arizona Chemical Co. Inc.
Type of Crime: Environmental
Criminal Fine: $2.5 million
10 Corporate Crime Reporter 39(5), October 14, 1996

67)(tie) Consolidated Rail Corporation (Conrail)
Type of Crime: Environmental
Criminal Fine: $2.5 million
9 Corporate Crime Reporter 30(1), July 31, 1995

69) International Paper 
Type of Crime: Environmental
Criminal Fine: $2.2 million
5 Corporate Crime Reporter 31(7), August 5, 1991

70)(tie) Consolidated Edison Company
Type of Crime: Environmental
Criminal Fine: $2 million
8 Corporate Crime Reporter 46(5), November 28, 1994

70)(tie) Crop Growers Corporation
Type of Crime: Campaign finance
Criminal fine: $2 million
11 Corporate Crime Reporter 4(3), January 27, 1997

70)(tie) E-Systems Inc.
Type of Crime: Fraud
Criminal Fine: $2 million
4 Corporate Crime Reporter 33, September 3, 1990

70)(tie) HAL Beheer BV
Type of Crime: Environmental
Criminal Fine: $2 million
12 Corporate Crime Reporter 39(4), October 12, 1998

70)(tie) John Morrell and Company
Type of Crime: Environmental
Criminal Fine: $2 million
10 Corporate Crime Reporter 6(3), February 12, 1996

70)(tie) United Technologies Corporation
Type of Crime: Fraud
Criminal Fine: $2 million
6 Corporate Crime Reporter 34(4), September 7, 1992

76) Mitsubishi Corporation, Mitsubishi International Corporation
Type of Crime: Antitrust
Criminal Fine: $1.8 million
8 Corporate Crime Reporter 29(4), July 18, 1994

77)(tie) Blue Shield of California
Type of Crime: Fraud
Criminal Fine: $1.5 million
10 Corporate Crime Reporter 18(3), May 6, 1996

77)(tie) Browning-Ferris Inc.
Type of Crime: Environmental
Criminal Fine: $1.5 million
12 Corporate Crime Reporter 23(3), June 8, 1998

77)(tie) Odwalla Inc.
Type of Crime: Food and drug
Criminal Fine: $1.5 million
12 Corporate Crime Reporter 30(1), July 27, 1998

77)(tie) Teledyne Inc.
Type of Crime: False statements
Criminal Fine: $1.5 million
7 Corporate Crime Reporter 34(12), September 6, 1993

77)(tie) Unocal Corporation
Type of Crime: Environmental
Criminal Fine: $1.5 million
8 Corporate Crime Reporter 12(8), March 21, 1994

82)(tie) Doyon Drilling Inc.
Type of Crime: Environmental
Criminal Fine: $1 million
12 Corporate Crime Reporter 21(1), May 25, 1998

82)(tie) Eastman Kodak
Type of Crime: Environmental
Criminal Fine: $1 million
4 Corporate Crime Reporter 14(1), April 9, 1990

82)(tie) Case Corporation
Type of Crime: Illegal exports
Criminal Fine: $1 million
10 Corporate Crime Reporter 22(4), June 3, 1996

85) Marathon Oil
Type of Crime: Environmental
Criminal Fine: $900,000
5 Corporate Crime Reporter 22(5), June 3, 1991

86) Hyundai Motor Company
Type of Crime: Campaign finance
Criminal Fine: $600,000
9 Corporate Crime Reporter 48(3), December 18, 1995

87)(tie) Baxter International Inc.
Type of Crime: Illegal Boycott
Criminal Fine: $500,000
7 Corporate Crime Reporter 13(7) , March 29, 1993

87)(tie) Bethship-Sabine Yard
Type of Crime: Environmental
Criminal Fine: $500,000
9 Corporate Crime Reporter 26(4), July 3, 1995

87(tie) Palm Beach Cruises
Type of Crime: Environmental
Criminal Fine: $500,000
12 Corporate Crime Reporter 30(4), July 26, 1999

87)(tie) Princess Cruises Inc.
Type of Crime: Environmental
Criminal Fine: $500,000
12 Corporate Crime Reporter 30(4), July 26, 1999

91)(tie) Cerestar Bioproducts BV
Type of Crime: Antitrust
Criminal Fine: $400,000
12 Corporate Crime Reporter 28(3), June 29, 1998

91)(tie) Sun-Land Products of California
Type of Crime: Campaign finance
Criminal Fine: $400,000
12 Corporate Crime Reporter 33(1), August 17, 1998

93)(tie) American Cyanamid
Type of Crime: Environmental
Criminal Fine: $250,000
4 Corporate Crime Reporter 46(5), December 3, 1990

93)(tie) Korean Air Lines
Type of Crime: Campaign finance
Criminal Fine: $250,000
9 Corporate Crime Reporter 47(1), December 11, 1995

93)(tie) Regency Cruises Inc.
Type of Crime: Environmental
Criminal Fine: $250,000
12 Corporate Crime Reporter 30(4), July 26, 1999

96)(tie) Adolph Coors Company
Type of Crime: Environmental
Criminal Fine: $200,000
4 Corporate Crime Reporter 43(3), November 12, 1990

96)(tie) Andrew and Williamson Sales Co.
Type of crime: Food and drug
Criminal fine: $200,000
11 Corporate Crime Reporter 44(4), November 17, 1997

96)(tie) Daewoo International (America) Corporation
Type of Fine: Campaign finance
Criminal Fine: $200,000
10 Corporate Crime Reporter 13(3), April 1, 1996

96)(tie) Exxon Corporation
Type of Crime: Environmental
Criminal Fine: $200,000
5 Corporate Crime Reporter 12(1), March 25, 1991

100) Samsung America Inc.
Type of Crime: Campaign finance
Criminal Fine: $150,000
10 Corporate Crime Reporter 6(5), February 12, 1996

17 of the Worst Corporate Crimes of 2015

The ongoing corporate crime wave shows no signs of abating.

By Phil Mattera

The ongoing corporate crime wave showed no signs of abating in 2015. BP paid a record $20 billion to settle the remaining civil charges relating to the Deepwater Horizon disaster (on top of the $4 billion in previous criminal penalties), and Volkswagen is facing perhaps even greater liability in connection with its scheme to evade emission standards.

Other automakers and suppliers were hit with large penalties for safety violations, including a $900 million fine (and deferred criminal prosecution) for General Motors, a record civil penalty of $200 million for Japanese airbag maker Takata, penalties of $105 million and $70 million for Fiat Chrysler, and $70 million for Honda.

Major banks continued to pay large penalties to resolve a variety of legal entanglements. Five banks (Citigroup, JPMorgan Chase, Barclays, Royal Bank of Scotland and UBS) had to pay a total of $2.5 billion to the Justice Department and $1.8 billion to the Federal Reserve in connection with charges that they conspired to manipulate foreign exchange markets. The DOJ case was unusual in that the banks had to enter guilty pleas, but it is unclear that this hampered their ability to conduct business as usual.

Anadarko Petroleum agreed to pay more than $5 billion to resolve charges relating to toxic dumping by Kerr-McGee, which was acquired by Anadarko in 2006. In another major environmental case, fertilizer company Mosaic agreed to resolve hazardous waste allegations at eight facilities by creating a $630 million trust fund and spending $170 million on mitigation projects.

These examples and the additional ones below were assembled with the help of Violation Tracker, the new database of corporate misconduct my colleagues and I at the Corporate Research Project of Good Jobs First introduced this year. The database currently covers environmental, health and safety cases from 13 federal agencies, but we will be adding other violation categories in 2016.

  1. Deceptive financial practices. The Consumer Financial Protection Bureau fined Citibank $700 millionfor the deceptive marketing of credit card add-on products.
  2. Cheating depositors. Citizens Bank was fined $18.5 millionby the CFPB for pocketing the difference when customers mistakenly filled out deposit slips for amounts lower than the sums actually transferred.
  3. Overcharging customers.An investigation by officials in New York City foundthat pre-packaged products at Whole Foods had mislabeled weights, resulting in grossly inflated unit prices.
  4. Food contamination.In a rare financial penalty in a food safety case, a subsidiary of ConAgra was fined $11.2 millionfor distributing salmonella-tainted peanut butter.
  5. Adulterated medication.Johnson & Johnson subsidiary McNeill-PPC entered a guilty plea and paid $25 millionin fines and forfeiture in connection with charges that it sold adulterated children’s over-the-counter medications.
  6. Illegal marketing.Sanofi subsidiary Genzyme Corporation entered into a deferred prosecution agreement and paid a penalty of $32.6 millionin connection with charges that it promoted its Seprafilm devices for uses not approved as safe by the Food and Drug Administration.
  7. Failure to report safety defects.Among the companies hit this year with civil penalties by the Consumer Product Safety Commission for failing to promptly report safety hazards were: General Electric ($3.5 millionfine), Office Depot ($3.4 million) and LG Electronics ($1.8 million).
  8. Workplace hazards. Tuna producer Bumble Bee agreed to pay $6 millionto settle state charges that it willfully violated worker safety rules in connection with the death of an employee who was trapped in an industrial oven at the company’s plant in Southern California.
  1. Sanctions violations.Deutsche Bank was fined $258 millionfor violations in connection with transactions on behalf of countries (such as Iran and Syria) and entities subject to U.S. economic sanctions.
  2. Air pollution.Glass manufacturer Guardian Industries settled Clean Air Act violations brought by the EPA by agreeing to spend $70 millionon new emission controls.
  3. Ocean dumping.An Italian company called Carbofin was hit with a $2.75 millioncriminal fine for falsifying its records to hide the fact that it was using a device known as a “magic hose” to dispose of sludge, waste oil and oil-contaminated bilge water directly into the sea rather than using required pollution prevention equipment.
  4. Climate denial. The New York Attorney General is investigatingwhether Exxon Mobil deliberately deceived shareholders and the public about the risks of climate change.
  5. False claims.Millennium Health agreed to pay $256 millionto resolve allegations that it billed Medicare, Medicaid and other federal health programs for unnecessary tests.
  6. Illegal lobbying.Lockheed Martin paid $4.7 millionto settle charges that it illegally used government money to lobby federal officials for an extension of its contract to run the Sandia nuclear weapons lab.
  7. Price-fixing.German auto parts maker Robert Bosch was fined $57.8 millionafter pleading guilty to Justice Department charges of conspiring to fix prices and rig bids for spark plugs, oxygen sensors and starter motors sold to automakers in the United States and elsewhere.
  8. Foreign bribery.Goodyear Tire & Rubber paid $16 millionto resolve Securities and Exchange Commission allegations that company subsidiaries paid bribes to obtain sales in Kenya and Angola.
  9. Wage Theft.Oilfield services company Halliburton paid $18 millionto resolve Labor Department allegations that it improperly categorized more than 1,000 workers to deny them overtime pay.

Note : Due to technical problems  our few home pages & contact  access  is   inaccessible. Please note the following details.

 

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November 24, 2016

Modi Favors Corporate Criminals ?

Filed under: dalit human rights — Nagaraja M R @ 7:01 pm

S.O.S   e – Clarion  Of  Dalit  –  Weekly  Newspaper  On  Web 

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.10 issue.47 .30 / 11 / 2016

Editorial : Mr.Modi  favors Corporate Criminals  ?

    Promoters , Controlling share holders of corporations are  big time criminals swindling crores of public money. While it is a herculean task for  common man to get Rs 10000 loan from bank , bank will extract it’s pound of  flesh from him to the last penny. Whereas big criminals easily get crores of rupees bank loan,  default & go scot  free.

  It is with connivance of bank lending managers , bank representatives on the board of companies. Over valuation of project cost , money siphoning by trade with sis ter companies , etc. Bank simply lends them crores of rupees but does not  do anything afterwards to monitor , check  misuse of public funds before becoming bust.

   Governments  are not taking action culprit individuals , promoters , majority share holder , bank representative.  Is not government aiding big criminals & creation of black money ?

   Mr.Modi why  NOT you are  taking action ?

 

Your’s

Nagaraja Mysuru Raghupathi

 

 

Rs. 1.14 lakh crores bad loans written off during 2012-15

A whopping Rs 1.14 lakh crore of bad loans have been written off by 27 public sector banks (PSBs) during FY 2012-15, with the last fiscal alone witnessing a steep 53 per cent rise in write-offs as part of the balance sheet clean-up.

For the fiscal ended March 2015, public sector banks have written off loans amounting to Rs 52,542 crore, an increase of 52.6 per cent over the previous fiscal, as per the RBI data.

About one-fifth of bad loans was written off in 2014-15 as the gross non-performing assets (NPAs) at the end of March 2015 rose to Rs 2,67,065 crore.

These 27 banks had written off Rs 34,409 crore in 2013-14 while Rs 27,231 crore in 2012-13. So in aggregate, a staggering Rs 1.14 lakh crore were written off in the last three fiscals.

For 2014-15, SBI topped the chart of PSBs by writing off Rs 21,313 crore followed by Punjab National Bank Rs 6,587 crore and Indian Overseas Bank Rs 3,131 crore.

Besides, Allahabad Bank’s write-off figure stood at Rs 2,109 crore, Central Bank of India Rs 1,995 crore, IDBI Bank Rs 1609 crore, Bank of Baroda Rs 1,564 crore, Syndicate Bank Rs 1,527 crore, Canara Bank Rs 1,472 crore and Uco Bank Rs 1,401 crore.

PSU banks have been witnessing a continuous surge in bad loans. As on September 2015, the gross NPAs of PSBs have increased to Rs 3,00,743 crore as against Rs 2.67 lakh crore in March 2015.

Concerned over mounting bad loans, RBI in consultation with the government is working on methodologies to clean up balance sheet of state-owned banks by March 2017.

RBI Governor Raghuram Rajan recently announced a March 2017 deadline for banks to clean up their balance sheets, which are plagued by high incidence of bad assets.

While Mr. Rajan had assured that enough capital is available for public sector banks, he cautioned that some of the banks may witness erosion of profitability in the short run due to cleaning of books.

“We believe enough capital is available. While the profitability of some banks may be impaired in the short run, the system, once cleaned, will be able to support economic growth in a sustainable and profitable way,” he had said.

The Finance Minister has indicated he will support the public sector banks with capital infusions as needed.

The government last year announced a revamp plan, ‘Indradhanush’, to infuse Rs 70,000 crore in state-owned banks over four years, while they will have to raise a further Rs 1.1 lakh crore from the markets to meet their capital requirements in line with global risk norms Basel III.

As per the capital infusion road map, PSU banks will get Rs 25,000 crore this fiscal and as well as the next fiscal and Rs 10,000 crore each in 2017-18 and 2018-19.

Out of Rs 25,000 crore set for the current fiscal, the government has infused about Rs 20,088 crore in 13 public sector banks.

SBI   Writes  off   Rs 7000 Crore  from 63  wilful Defaulters

With efforts to recover its dues hitting a virtual dead-end, the State Bank of India (SBI) seems to be have started a clean-up of its balance sheets by writing off loans worth about Rs 7,016 crore owed to it by more than 60 of its top 100 wilful defaulters.

While 63 accounts in the list have been fully written off, 31 have been partially written off and six have been shown as non-performing assets (NPAs), reveal documents accessed by DNA. As on June 30, 2016, SBI has written off Rs 48,000 crore worth bad loans. The documents, however, don’t specify the entry time of these “write-offs”.

India’s largest public sector bank has dropped the money, mostly wilfully defaulted, into a specially created dustbin for ‘toxic loans’ called Advance Under Collection Account (AUCA), technically known as a write-off.

Information on the bank’s clean-up comes a week after the government said it was targeting black money hoarders by demonetizing high-value currency notes, a move that has seen millions queue up outside banks across the country to exchange their money.

Now, loans given to Vijay Mallya’s Kingfisher Airlines, which heads the wilful defaulters’ list with outstanding dues of almost Rs 1,201 crore, and 62 others will not be shown in the bank’s balance sheet.

Following the defunct airlines in the top 20 write-off list are KS Oil (Rs 596 crore), Surya Pharmaceuticals (Rs 526 crore), GET Power (Rs 400 crore) and SAI Info System (Rs 376 crore). Most of these write-off accounts are those of wilful defaulters.

SBI has put all such accounts into AUCA, says its internal report seen by this correspondent. “The main advantage which the bank will have by transfer to AUCA is that banks gross NPAs amount and net additions in NPAs during the quarter will be reduced to the extent of the amount of transfer to AUCA. It will bring down gross advance by the same amount,” the reports states.

SBI did not send any reply to several emails and reminders sent by this reporter. Questions sent to top five “write-off” companies also didn’t get any reply.

The top five

Kingfisher Airlines owes a total of Rs 6,963 crore to 17 banks, of which SBI’s loan is Rs 1,201 crore. Recently, an e-auction of Mallya’s Kingfisher Villa in Goa failed to find any buyer. Sources said that SBICAP Trustee did not get earnest money deposit (EMD) from even a single bidder.

KS Oil, once a leading edible oil player under the brand names Kalash and Double Sher in the mustard oil segment, turned defaulter and got added to the top 20 list of write-off accounts. KS Oil has allegedly indulged in the diversion of funds from its core business. The company invested huge amounts on plantations in Indonesia and Malaysia but failed to get the expected returns. Though the loan account has been restructured, the company has been unable to revive itself. Lenders have also withdrawn the company from CDR (corporate debt restructure). KS Oil was declared NPA in 2013 with effect from September 30, 2011. As with Kingfisher, the recovery effort was futile as e-auction of five units failed due to lack of bidders.

The third in the list of write-off accounts, Surya Pharmaceutical, was named a wilful defaulter in 2013. The company allegedly indulged in fraud, diversion of funds in retail and education sectors. SBI has symbolic possession of eight properties and is struggling for another in Jammu and Kashmir. A forensic audit from E&Y tagged this a fraud account.

Ajay Kumar Vishnoi’s promoted GET Power Ltd was declared wilful defaulter on August 23, 2016. The company’s mismanagement and the delay in projects led to trouble for the promoters.

The fifth in the list, Sai Info, has dues of Rs 375 crore and was declared wilful defaulter on August 26, 2016. In June 2013, the company’s main promoter Sunil Kakkad absconded but was brought back to India and arrested.

Kakkad is now out on bail. The company has cancelled two high value projects – from the Department of Posts and a Mumbai CCTV surveillance project – worth Rs 2,200 crore. This account has also been declared fraud. SBI could not get any recovery and could only get symbolic possession of some of the properties.

What are write-offs?

Banks exercising write-offs is a unique idea to clear bad loan impacts on balance sheets. Banks use the RBI approved tool, Advance Under Collection Accounts (AUCA), in which transfer of accounts to a specific AUCA is an NPA reduction strategy. It is resorted to after exhausting all avenues of recovery, restructuring and compromises. By writing-off bad and doubtful assets, banks can improve NPA ratios through cleansing of the balance sheet and tax benefits. All write-offs, except where one-time settlement or compromises are involved, irrespective of outstanding, should be treated as technical write-offs and parked in AUCA; recovery process of these accounts will continue till resolution of these accounts.

 

Editorial :   NO   AMNESTY  to  Back Money  Launderers

–          CORPORATE CRIMINALS /  CORPORATE TERRORISTS /  TAX THIEVES  RESPONSIBLE FOR ALL ILLS IN INDIA

In India , a small shop owner to big industrialist have mastered the art of TAX EVASION . their teachers – some corrupt tax officials & auditors. The black money thus created  is causing inflation, feeding the mafia , underworld. Some industrialists lobby ( bribe ) with the government & gets favourable laws enacted. This black money is the main source of funds for political parties , religious bodies & terrorist outfits.


The recent raids by C.B.I & KARNATAKA LOKAYUKTHA have proved how the tax officials have become multi-millionaires. The sad part is that some of the police officials who are on deputation to C.B.I & LOKAYUKTHA themselves are utterly corrupt.


This scourge can only be cured by corporate accountability intoto. However , all the industrialists , traders who are demanding for more flexible labour reforms , economic reforms , infrastructure , etc are not at all concerned about their own accountability with respect to tax , environment , other laws. The MNCs coming to India are not coming here for best Indian talents or infrastructure alone. In their own countries they are feeling the
heat of strict environment laws , consumer laws , share holder disclosures , corporate accountability. Some of these MNCs are being kicked out of their countries , by it’s own people .These MNCs are aware that in India , by greasing the palms environment laws , labour laws , tax laws , etc everything can be flouted , cases in courts can be dragged on for years . share holder disclosures , corporate transparency is minimum.

However when a concerned citizen complains about the crimes of guilty corporates , organizations or corrupt public servants , immediate action is not taken. The file is kept pending for months , years together  , allowing the criminals to manipulate all the evidences , records , ground situations. Finally even if action is taken guilty will be let out due to favorable  evidences , there are chances that the concerned citizen himself is falsely implicated & put behind bars . in all such cases all the involved parties must be subjected to lie detector tests .

 

Black Money & Crime are  inter twined , two faces of the same coin . Amnesty  must not be given to black money launderers , it is nothing  but legalizing the crimes of big criminals & crimes which are sources of black money. Thereby , government is giving legal sanction to those criminals  to commit more crimes to accumulate black money and  government itself is waiving off  it’s  duty  to  legally prosecute those  black money launderers for the crimes  which are  the sources of those ill gotten money. As per  the constitution , government must do it’s duty to uphold law , it cann’t waive off it’s own duties. If a government  cann’t do it’s duty , it must get out of the seat.

 Police , Government , Judges  spend  thousands  of rupees  public money to legally  prosecute a   small thief   caught for stealing  hundred rupees , where as now  letting out big time  looters who have stolen  millions  of rupees public money , who have earned money through swindling banks , share holders , earned money by illegal money lending , rowdyism , drug trafficking , human trafficking , etc.  It is against principle of equitable justice , law. If the government  is not able to   catch , prosecute these black money launderers , it is unfit to be in the  seat.

Bottomline : development is a must , it must be all around . but not at the cost of majority to make a few richer. Law  of  the  Land is  one  and  same for all Tom , Dick & Harry.

 Jai Hind. Vande Mataram.

Your’s sincerely,

Nagaraja.M.R.

PIL –   NO  AMNESTY  to   Black  Money  Launderers

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Cabinet  Secretary , Government of India   & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India.

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Corruption is  rampant in tax enforcement , law enforcement agencies of the government.

3. In India , a small shop owner to big industrialist have mastered the art of TAX EVASION . their teachers – some corrupt tax officials & auditors. The black money thus created  is causing inflation, feeding the mafia , underworld. Some industrialists lobby ( bribe ) with the government & gets favourable laws enacted. This black money is the main source of funds for political parties , religious bodies & terrorist outfits.


The recent raids by C.B.I & KARNATAKA LOKAYUKTHA have proved how the tax officials have become multi-millionaires. The sad part is that some of the police officials who are on deputation to C.B.I & LOKAYUKTHA themselves are utterly corrupt.


This scourge can only be cured by corporate accountability intoto. However , all the industrialists , traders who are demanding for more flexible labour reforms , economic reforms , infrastructure , etc are not at all concerned about their own accountability with respect to tax , environment , other laws. The MNCs coming to India are not coming here for best Indian talents or infrastructure alone. In their own countries they are feeling the
heat of strict environment laws , consumer laws , share holder disclosures , corporate accountability. Some of these MNCs are being kicked out of their countries , by it’s own people .These MNCs are aware that in India , by greasing the palms environment laws , labour laws , tax laws , etc everything can be flouted , cases in courts can be dragged on for years . share holder disclosures , corporate transparency is minimum.

4. However when a concerned citizen complains about the crimes of guilty corporates , organizations or corrupt public servants , immediate action is not taken. The file is kept pending for months , years together  , allowing the criminals to manipulate all the evidences , records , ground situations. Finally even if action is taken guilty will be let out due to favorable  evidences , there are chances that the concerned citizen himself is falsely implicated & put behind bars . in all such cases all the involved parties must be subjected to lie detector tests .

2. Question(s) of Law:

Is it right for banks ,  tax authorities , government  to let out fraudsters , guilty bank  executives  , guilty tax officials  without criminal prosecution  & recovery ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of financial frauds / tax evasions.

4. Averment:

Covering up Financial Frauds. Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants ,  Tax Authorities , Law Enforcement  Agencies , RBI authorities  in the following cases to perform their duties & to answer the below  RTI  questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute responsible bank executives & fraudsters.

d. To make it mandatory for all bank executives  , tax officials including board members to make their  income , wealth details public every year. This must be disclosed  under RTI A ct.

e. To form a  statutory mechanism to share   information in real time ( through computer networking) about creditors , debtors , borrowers , policy holders , insurers , wealth managers , etc between all financial institutions like SEBI , RBI , IRDA , Banks ,  State and  Central Government Tax Authorities etc. Creditor , debtor information must be disclosed under RTI Act.

f. To  appoint  a person from lending bank to  loan availing companies to monitor it’s daily  financial affairs.

g. To legally prosecute RBI Governor , Chief Justice of India & Union Finance Minister  for  aiding  fund raisers of terrorists , underworld.

h. To order  Government of India to accept our conditional offer  of apprehending corporate terrorists.

i. To criminal legal prosecution against promoters of fraud companies , partners in their crimes supporting company executives and bank executives.

j. To order for recovery of money with interest & penalty  , by confiscation of properties of such company promoters , their family properties , property of concerned bank executives  , tax  officials and most importantly PROPERTIES  OF RBI GOVERNOR , UNION FINANCE  MINISTER & CJI must be attached.

k.  Black Money & Crime are  inter twined , two faces of the same coin . Amnesty  must not be given to black money launderers , it is nothing  but legalizing the crimes of big criminals & crimes which are sources of black money. Thereby , government is giving legal sanction to those criminals  to commit more crimes to accumulate black money  and  government itself is waiving off  it’s  duty  to  legally prosecute those  black money launderers for the crimes  which are  the sources of those ill gotten money. As per  the constitution , government must do it’s duty to uphold law , it cann’t waive off it’s own duties. If a government  cann’t do it’s duty , it must get out of the seat.

l. Police , Government , Judges  spend  thousands  of rupees  public money to legally  prosecute a   small thief   caught for stealing  hundred rupees , where as now  letting out big time  looters who have stolen  millions  of rupees public money , who have earned money through swindling banks , share holders , earned money by illegal money lending , rowdyism , drug trafficking , human trafficking , etc.  It is against principle of equitable justice , law. If the government  is not able to   catch , prosecute these black money launderers , it is unfit to be in the  seat.

m. To  immediately  give a stay  to the moves by  government of india  , giving  amnesty  to black money launderers from  01st  June  2016.  Also , annul  such  laws  enacted by government of India.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Dated : 14th  May   2016 ………………….FILED BY: NAGARAJA.M.R.

Place :   Mysuru , India…………………….   PETITIONER-IN-PERSON

PIL –  BANK ROBBERIES by bank executives

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Governor , Reserve Bank of India (RBI)  & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India.

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , I have repeatedly appealed to RBI authorities since  years seeking justice regarding illegalities , irregularities  in  recruitment , currency handling , currency theft , etc @ RBI , they didn’t provide justice at all.

3. For a common man  it is a herculean task to get Rs.5000 loan from a  bank , but  rich & connected get lakhs , crores of rupees loan quite easily from banks , how ?

4. When a common man , farmer defaults to pay loan of few thousands of rupees bank immediately dispatches  loan recovery agents / Rowdies , seizes his property & auctions and recover their dues to last penny. Farmers are committing suicide unable to pay loans to escape from ignominy .

5. Huge companies get crores of rupees loan from banks eventhough basically the project report itself is at fault , not viable. Siphons off company  resources by insider trading to their sister concerns although bank representatives are very much their on the board of companies.

6 . Such companies default on loan dues to bank , but no recovery agents / rowdies are sent by banks. Finally the company becomes bust.

7. Bank looses money , the company  is declared as NON PERFORMING ASSET and government + bank  waives off interest or else loan itself.

8. End looser the public whose money went down the drain , profiteers – company promoters , executives and bank manager. No recovery from their personal , family properties why ?

9. Eventhough , I have repeatedly appealed to RBI authorities , Union Finance Ministry  since  years seeking  information under RTI Act  regarding illegalities , irregularities  in RBI , Various banks , RBI Note Press ( BRBNMPL ) , etc , the  RBI authorities  have evaded answering our  questions  lest  the TRUTH come out. Supreme court of India specifically Chief Justice of India  were also approached to order RBI , Union Finance Ministry  to  disclose  information to us in public interest. But  SCI , CJI also failed to do their duties.

10. The money involved here is public money , it is nobody’s papa’s money.

11.  These  swindled monies are finding it’s way to under world , Mafia & Terror outfits. This proves  RBI  Governor , Union Finance Minister  and  Chief Justice of India  are  least  bothered to safe guard  PUBLIC MONEY. They are least bothered about our national security.

12. We have  offered  our conditional services to RBI , Union Finance Ministry & SCI  to apprehend  corporate criminals , to recover money while the  concerned officials have failed to do their duties. Till date  RBI , SCI , Government  have failed to respond to our offer.

13. We  SOS e Clarion of Dalit & SOS e Voice for Justice once again offer our conditional services to authorities , RBI , SCI  to legally apprehend corporate criminals , tax evaders &  corrupt bank executives  and to  recover monies from them.  Are RBI , SCI & Union Finance Ministry Ready to catch tax thieves , corporate criminals ,  corporate terrorists ?  Are  they ready to utilize our services ?

14. By , shielding corporate criminals  RBI , SCI , Union finance ministry  are  shielding  corporate criminals to continue financial aid to terrorist outfits , underworld & mafia. Thereby , RBI Governor  , Union Finance Minister  & CJI , Supreme Court of India have also become parties to those crimes , they themselves have become criminals.

15. These  Huge financial frauds , swindling for years  cann’t happen repeatedly for years  without  tacit understanding , cooperation , collusion , connivance  of RBI GOVERNOR and UNION FINANCE MINISTER. These crimes  are  spared from  fair , timely legal trials  with tacit support  of  Chief Justice of India.

16. These swindled money is destabilizing our economy , funding terrorist outfits , mafia & underworld. These are posing constant threat to our national security , integrity.

17. By financially supporting funding of criminals , terrorists RBI GOVERNOR ,  UNION FINANCE MINSTER & CHIEF JUSTICE OF INDIA themselves have become   anti nationals , criminals , terrorists.

2. Question(s) of Law:

Is it right for banks , government to let out fraudsters , bank  executives  without criminal prosecution  & recovery ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of financial frauds.

4. Averment:

Covering up Financial Frauds. Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , RBI authorities  in the following cases to perform their duties & to answer the below  RTI  questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute authorities of M/s RBI &  M/s BRBNMPL , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

d. To legally prosecute responsible bank executives & fraudsters.

e. To make it mandatory for all bank executives including board members to make their  income , wealth details public every year. This must be disclosed  under RTI A ct.

f. To form a  statutory mechanism to share   information about creditors , debtors , borrowers , policy holders , insurers , wealth managers , etc between all financial institutions like SEBI , RBI , IRDA , Banks , etc. Creditor , debtor information must be disclosed under RTI Act.

g. To book criminal cases of Rowdyism , goondaism against rowdy loan recovery agents & respective bank managers.

h.  To  reopen cases of   Currency exchange scandal @ RBI Bangalore incinerator  and currency theft cases @ RBI currency note press , Mysuru. To also legally prosecute  bank executives & CBI investigating officials  who shielded  original criminals in these cases.

i. To order  full payment of  unjustly withheld salary , gratuity , pension dues , etc to victimized  RBI staff Mr. Ganapathi Hariram immediately.

j. To  appoint  a person from lending bank to  loan availing companies to monitor it’s daily  financial affairs.

k. To legally prosecute RBI Governor , Chief Justice of India & Union Finance Minister  for  aiding  fund raisers of terrorists , underworld.

l. To order  Government of India to accept our conditional offer  of apprehending corporate terrorists.

m. To criminal legal prosecution against promoters of fraud companies , partners in their crimes supporting company executives and bank executives.

n. To order for recovery of money with interest & penalty  , by confiscation of properties of such company promoters , their family properties , property of concerned bank executives  and most importantly PROPERTIES  OF RBI GOVERNOR , UNION FINANCE  MINISTER & CJI must be attached.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Dated : 12th  March  2016 ………………….FILED BY: NAGARAJA.M.R.

Place :   Mysuru , India…………………….   PETITIONER-IN-PERSON

PIL – Stop Robberies @  RBI  by  bank staff

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Governor , Reserve Bank of India (RBI)  & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , I have repeatedly appealed to RBI authorities since  years seeking justice regarding illegalities , irregularities  in  recruitment , currency handling , currency theft , etc @ RBI , they didn’t provide justice at all.

3. For a common man  it is a herculean task to get Rs.5000 loan from a  bank , but  rich & connected get lakhs , crores of rupees loan quite easily from banks , how ?

4. When a common man , farmer defaults to pay loan of few thousands of rupees bank immediately dispatches  loan recovery agents / Rowdies , seizes his property & auctions and recover their dues to last penny. Farmers are committing suicide unable to pay loans to escape from ignominy .

5. Huge companies get crores of rupees loan from banks eventhough basically the project report itself is at fault , not viable. Siphons off company  resources by insider trading to their sister concerns although bank representatives are very much their on the board of companies.

6 . Such companies default on loan dues to bank , but no recovery agents / rowdies are sent by banks. Finally the company becomes bust.

7. Bank looses money , the company  is declared as NON PERFORMING ASSET and government + bank  waives off interest or else loan itself.

8. End looser the public whose money went down the drain , profiteers – company promoters , executives and bank manager. No recovery from their personal , family properties why ?

2. Question(s) of Law:

Is it right for banks , government to let out fraudsters without criminal prosecution ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of financial frauds.

4. Averment:

Covering up Financial Frauds. Please read details at :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , RBI authorities  in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute authorities of M/s RBI &  M/s BRBNMPL , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Dated : 23rd July  2015 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON

4-month window to declare black money opens on June 1: Jaitley

 

The four-month window for declaring domestic blackmoney will open on June 1 and those opting to come clean by paying 45 per cent tax and penalty will not be subject to scrutiny and enquiry by tax department.

The Income Declaration Scheme 2016 will remain in force till September 30 for filing of declarations and payments towards taxes, surcharge and penalty must be made latest by November 30, the Finance Ministry said in a release.

“No scrutiny and enquiry under the Income-tax Act or the Wealth tax Act (no abolished) shall be undertaken in respect of such declarations.

“Immunity from prosecution under the Income-tax Act and Wealth Tax Act is also provided along with immunity from the Benami Transactions (Prohibition) Act, 1988 subject to transfer of asset to actual owner within the period specified in the Rules,” it said.

The scheme was announced by Finance Minister Arun Jaitley in the Budget with an aim to fish out black money from the domestic economy. Earlier, the government had come out with similar scheme for Indian holding undisclosed income abroad.

The scheme will apply to undisclosed income whether in the form of investment in assets or otherwise, pertaining to Financial Year 2015-16 or earlier, the Ministry said.

“Under the Scheme, income as declared by the eligible persons, would be taxed at the rate of 30 per cent plus a ‘Krishi Kalyan Cess’ of 25 per cent on the taxes payable and a penalty at the rate of 25 per cent of the taxes payable, thereby totalling to 45 per cent of the income declared under the scheme,” the Ministry said.

 

 

 

INDIA`S BLACK MONEY IN SWISS BANK

This is not so surprising .India is the world`s most corrupt country.Corruption is not new in India.Recently due to international pressure, Swiss government agreed to disclose the names of the account holders only if the respective government formally asked for it.

Black money in Swiss banks  Swiss Banking Association report, 2006 details bank deposits in the territory of Switzerland by nationals of following countries:
Top five

India—- $1,456 billion
Russia —$ 470 billion
UK  ——-$390 billion
Ukraine – $100 billion
China —–$ 96 billion

India has more money in Swiss bank than all the other countries combined.Second best Russia has 4 times lesser deposit. US is not even there in the counting in top five.

609 people in India having legal property more than Rs- 100 crores (Rs- 10 Million). Indian President one day living cost is Rs-8 crore, living in a place where 350 flats.Oneday Indian Parliament running cost is around 9 crore Rupees.Britishers looted 350 Lakh Crore in 250 years whereas Indian himself looted 330 crore. 70 Lakh crore only deposited in swiss bank. 84000 corrupt people in India.India has around 450 Billion dollar of coal deposit & 170 billion of iron ore deposit,looted by state politicians .According to Indian Government around 1 Lakh place in India where people doing illegal mining.

Dishonest persons, scandalous politicians and corrupt IAS, IPS officers have deposited in foreign banks in their illegal personal accounts a sum of about $ 1500 billion, which have been misappropriated by them. From 2003 to 2010 out of 5,635 IPS officers fifty(50) IPS officers were resigned and joined private company.

This amount is about 13 times larger than the country’s foreign debt. With this amount 45 crore poor people can get Rs 1,00,000 each. This huge amount has been appropriated from the people of India by exploiting and betraying them.

Some 80,000 people travel to Switzerland every year, of whom 25,000 travel very frequently.“Obviously, these people won’t be  tourists.

Why our Indian Government is not asking to swiss Bank? Well the answer is simple , our Government is working under the influence of those politicians & industrialists who have huge deposit in Swiss bank.They cann`t expose their own people.

USA have settled their Swiss bank Account & their top Billionares in their countries paid to their country 50% of their Money which includes Gates & Bloomberg.Italy got 6.4 Billion dollar from swiss Bank,Germany got 5.7 Billion dollar from swiss Bank & France got 1.7 Billion dollar from swiss Bank.

Schweitzer Illustrierte, a Swiss news magazine,published on 19th November 1991, has alleged in an old issue that the Soviet intelligence agency KGB had deposited US $2.2 billion in a Swiss bank account in 1985 in the “minor” account of Rahul Gandhi managed by his mother Sonia Gandhi . Janata Party President Dr Subramanian Swamy, who had secured an order from the Delhi High Court to the CBI to investigate alleged receipt of slush money by late former Prime Minister Rajiv Gandhi’s family, has cited a November 1991 issue of the Swiss magazine in support of his charge.He has further claimed that the payments were authorized by CPSU by a resolution CPSU/CC/No 11228/3 dated 20/12/1985 and the same was also endorsed by the USSR Council of Ministers in Directive No 2633/Rs dated 20/12/1985. He also claimed that these payments had been coming since 1971 as the payments received by Sonia Gandhi’s family “have been audited in CPSU/CC resolution No 11187/22 OP dated 10/12/1984.   Reference:–http://swissprivacy.tripod.com/id8.html

Why Government is not taking action on corrupt peoples ? Why CBI is not independently working? well answer is simple ,Government is taking lots of money in the name of party fund and also taking help from those politicians who are involved in
criminal charges.Whole police in India is working under politicians.  According to RBI(Reserve Bank Of India) Rupees 17,18,826 crore notes print in India between  year 2000-2010. Rupees 10 Lakh Crore money incirculation in India. Generally 2-3 % of  GDP money circulation in other countries. But Indian Government has allowed  four Swiss bank  &  Eight Bank of Italy in India.

Sources says that NGO is also engaged in converting black money into white Money.

swiss bank(ubs) revealed 6000 USA people names . In may 2008 Germany bank revealed 28 people names but government is still hiding their names. Even the Supreme court of India asked for names three times. But Government only make deal with 23 countries of Double Taxation.
                                 USA got his money, France , Italy , countries like Singapore fought and get their money.India has more than 3.5 crore taxpayers. Black Money can be used by terrorists. Probably they are trying to move money to other countries or will invest in real-estate like in dubai or arab countries.After huge pressure from media & civil society Government has joined FATA (Financial Action Task Force) group only to delay issue. 

http://indiatoday.intoday.in/site/Story/126998/LATEST%20HEADLINES/indian-link-to-swiss-money-trail-revealed.html
In the data shared by Ex-Swiss banker Rudolf Elmer, there are at least three companies that go by the name of Annapurna. These accounts have been opened in the New York branch of the Swiss Bank Julius Baer.These accounts are Annapurna Convertible Ltd, account number 420331. Annapurna Leverage Ltd, account number 427039 .Annapurna Convertible USD, account number 431916.Money running into crores of rupees has been stashed away in these accounts.57million dollars or Rs 259 crore have been stashed away in Annapurna Convertible ltd. 18.6 million dollars or Rs 84 crore are lying in Annapurna Leverage Limited.And 10.3 million dollars or Rs 45 crore are hidden away in the account of Annapurna Convertible.Interestingly, the documents list the same company and same person as managing all the Annapurna accounts.Annapurna Convertible, Annapurna Leverage and Annapurna Convertible USD are all managed by Pius Fisch ofFisch Asset Management.The other name to come out was that of Asad Ali Khan and his wife Zahida, who was a co-account holder.   Headlines Today scoured through the records sent to us by Rudolf Elmer and found out how Asad Ali Khan had siphoned off a huge amount of money to the Julius Baer Bank in Cayman Islands.A company in the name of Unicorp Services was incorporated in Cayman Islands.Its registered address is Post Box 1100, Kirk House, Grand Cayman Island, BWI.According to Elmer’s documents, the registration number of the company is 00233755.In the year 1999, Asad Ali Khan and Zahida were present for the dissolution of this company as directors of Unicorp Services in Cayman Islands.Elmer’s data also shows that the account was being managed by J.M.I. Gillani.The official address is: Banque Julius Baer, 2 Boulevard du Theatre, Case Postale, CH 1211, Geneva 11, Switzerland.

Where Black money is being used? Election, Air  travel , Tour, Restaurants, Land, Jewelery.

Who is involved in Black Money? Senior bureaucrats (IAS,IPS officers), Ministers of Export-Import,Comerce, Chief Ministers, Top Industrialists , Horse Trader, Liquor Trader.

4000 kg gold sold in year 2010 in India.
144 nations signed UNCAC (United Nation Convention Against Corruption) but India is not signing because Indian Government is engaged in corruption. UNCAC Opened for signature from 9 December 2003 by the UN General Assembly & last date was  14 December 2005.

Highly placed sources in New Delhi and Mumbai say much of the money held in Swiss banks, and other tax havens like the Bahamas, have been routed into the Indian stock exchanges throughParticipatory Note (PN) bought in Mauritius through front companies. Since these instruments are not registered to trade in Indian domestic capital markets, the investors’ names remain undisclosed. “The route to take out the money is hawala and to bring it back is Participatory Note ,” says Hemen Kapadia, one of Mumbai’s top stock market analysts. Roughly 50-60 percent of FII investments, aggregating $85 billion till late 2009, were made through the Participatory Note route. And according to Kapadia, this route saw 75 percent traffic in the last few months. A worried market regulator, the Securities and Exchange Board of India (SEBI) is now learnt to have asked several FIIs to furnish details of the Participatory Note issued to their clients, but it has been consistently stonewalled. “They will always win by citing client confidentiality agreements, and I doubt whether SEBI has the necessary legal teeth to probe further,” Kapadia points out.

India`s economic debt—http://www.indiabudget.nic.in/es2009-10/chapt2010/tab84.pdf

FII investment in Indian stocks this year touched a record $18.13 billion ( Rs.82,360 crore), according to the SEBI website. In dollar terms the previous high was in 2007 ($17.65 billion) and in rupee terms in 2009. Stock market analysts say FII investment in rupee terms is lower because of appreciation in the Indian currency against the dollar. The Sensex last year gained over 80 percent — a figure it is likely to surpass this year.

Not taking into account the recently concluded Coal India IPO, the FII bids amounted to Rs. 1.20 lakh crore. Some foreign entities that have placed large bids for Coal India through PNs include Citibank ($1 billion), Merrill Lynch ($2 billion) and Deutsche Bank ($3 billion). The Qualified Institutional Buyer (QIB) quota in the Coal India IPO that was oversubscribed 24 times was primarily due to intense FII interest.

In fact, in 2007, when the then National Security Adviser MK Narayanan had spoken of terror funds routinely penetrating and manipulating the markets, he was hinting at PNs. Earlier, the RBI too had come out with a report expressing concern over the illegal traffic. At that time 89 percent of the funds invested by FIIs had come through the PN route, RBI data showed.According to recent estimates, roughly $200 billion — four times the external debt of Pakistan — is stashed away in Swiss banks and is now being withdrawn.

“A major area of vulnerability for us is the high consolidated public-debt to GDP ratio of over 70 percent … (and) consolidated fiscal deficit,” says the Governor of Reserve Bank of India (RBI), Mr. Yaga Venugopal Reddy.

According to CIA world fact book, the Current account balance of India is MINUS -37,510,000,000 (minus) while China is the wealthiest country in the world with $ 426,100,000,000 (Plus) . India listed as 182 and China as no.1 . Money inflow in India is currently Rs 7,000 crore.

Total number of registered corruption cases was 64,00,000 in 1989 , now in year 2010 is 1,64,00,000 .
Hasan Ali 6 Billion Dollar swiss Bank account—-
http://timesofindia.indiatimes.com/india/Hasan-Alis-6bn-in-Swiss-accounts-missing/articleshow/7365076.cms

Surely it`s time to Ban 1000 rupee note—-
http://www.governancenow.com/news/regular-story/check-corruption-ban-rs-1000-note

Sources say that NGO is the main source of Black Money in India.
http://www.hindustantimes.com/833-NGOs-blacklisted-for-misappropriation-of-funds/H1-Article1-488589.aspx

The GFI report says, “From 1948 through 2008, India lost a total of $213 billion in illicit financial flows (or illegal capital flight). These illicit financial flows were generally the product of corruption, bribery and kickbacks, and criminal activities.” The total of $213 billion is a misleading figure because “the present value of India’s illicit financial flows is at least $462 billion,” the GFIreport explains, adding, “This is based on the short-term US Treasury bill rate as a proxy for the rate of return on assets.” The GFI (Global Financial Integrity) report points out that the “total capital flight represents approximately 16.6 percent of India’s GDP as of year-end 2008”; that “illicit financial flows out of India grew at 11.5 per cent per year”; and, that “India lost $16 billion per year between 2002-2006”.The present value of illicit assets held abroad ($462 billion) “accounts for approximately 72 per cent of India’s underground economy — which has been estimated to account for 50 per cent of India’s GDP ($640 billion at the end of 2008)”. Just above a quarter of illicit assets are helddomestically.The fact that deposits in tax havens have increased from 36.4 per cent of illicit financial flows in 1995 to 54.2 per cent in 2009 tells its own story.

Well if Swiss Bank cann`t give information to India then why Indian Government is not stopping money that they are coming from outside India. But how can a corrupt system do?

We need to start a movement to pressurize the government to do so !! this is perhaps the only way, and a golden opportunity, to expose the high and mighty and weed out corruption !!

Is India poor, who says? Ask Swiss banks With personal account deposit bank of $1500 billion in foreign reserve which have been misappropriated, an amount 13 times larger than the country’s foreign debt, one needs to rethink if India is a poor  country?.

$181 billion Indian black money in tax havens?

Between six and seven trillion dollars worth of black wealth lies hidden in tax havens across the world, according to a fresh estimate by a trio of senior economists from the Bank of Italy. Indians’ share in this is estimated at $152-181 billion, by one calculation. This is only wealth invested in shares and debt securities or held in bank deposits. It is impossible to get a handle on other wealth invested in physical assets like real estate, gold or art.

Released this week, these estimates follow the train of several such estimates in recent years with Gabriel Zucman, of London School of Economics, estimating it at $7.6 trillion, Boston Consulting Group at $8.9 trillion and Tax Justice Network at $21 trillion.

All of this wealth is held in tax havens, which are jurisdictions with weak regulations and strong secrecy laws, using shell companies to conceal original identities. The Italian economists analysed data from IMF and the Bank of International Settlements (BIS) to arrive at the figure.

When asked by TOI to estimate the Indian share in this gigantic treasure trove, the researchers were cautious.

There can be two ways of doing this, they told TOI via email. One is to assume that the Indian share in this global hidden wealth was simply the same as India’s share in global GDP, that is, about 2.5% in 2013, the year for which this data pertains. By this measure, the Indian share of hidden wealth is $152-181 billion. That’s about Rs 8.9 to 10.5 lakh crore.
Another way of finding out the Indian share of undeclared assets is to look at the Indian share in actual declared portfolio assets—about 0.07% of the total—and assume that the same is valid for hidden assets. By this way, India’s share in black assets works out to $4-5 billion or about Rs 25,000-30,000 crore.

These figures for India are just indicative and the three economists — Pellegrini, Sanelli and Tosti — were insistent that they “have to be considered with great care and in no way can represent firm data”. But, having said that, there is no other way of getting even a glimpse of the secret stockpile of wealth stashed away abroad by Indians. So, as a ballpark figure, it does give a hint of what lies buried.
Why is there a big discrepancy between the two methods of calculating India’s hidden wealth in tax havens? As the Italian researchers explained, Indians seem to have a much lower propensity for investing in foreign financial assets — that’s why their share in global offshore financial assets, as calculated from IMF data, is a puny 0.07%. But will this reluctance extend to secret investments too? Nobody knows.

In all probability, Indian share in foreign black money is somewhere between the two estimates computed above. This is supported by estimates of offshore wealth growth by various agencies. In the Global Wealth 2015 Report, the Boston Consulting Group says that shares of offshore wealth from Middle East and Africa region, Latin America and Asia Pacific were higher than Western Europe and North America, although it also points out that Asia-Pacific contribution is not so high.

Panama Papers: Global tax evaders list belittles PM Narendra Modi’s 90-day black money hunt

 

An investigation by an international media consortium, including the Indian Express, has unearthed several names of wealthy individuals across the world, who have hidden their money in holding companies set up in tax havens.

The Indians named in the list include actors Amitabh Bachhan, Aishwarya Rai Bachhan, DLF promoter KP Singh, Indiabulls owner Sameer Gehlaut, Gautam Adani’s elder brother Vinod Adani and politicians and former chief of the Delhi unit of Loksatta Party, Anurag Kejriwal. These individuals, and in some cases their family members, have formed offshore entities in tax havens by paying to a Panama-based law firm, Mossack Fonseca. This is the case in a nutshell.

Now, the obvious question is this. Is it illegal to invest in offshore companies if the earnings are legitimate? No. It is not. But, the problem arises if the money is earned in a jurisdiction, where they are liable to pay taxes, and the money is transferred across the border without doing so. In this case, this becomes ‘unaccounted wealth’ or what is informally known as ‘black money’.

In other words, if the individuals mentioned in the Panama list are able to prove that the money invested in these offshore entities is legitimate and already taxed, there are no issues. Else, they can be in serious trouble.

The Narendra Modi-government is under tremendous pressure to win back black money from abroad to fulfill its poll promises in the run up to the 2014 Lok Sabha elections. A 90-days black money window it announced last year yielded undisclosed foreign assets of only about Rs 3,770 crore from 638 declarations, a mere fraction of the total stock of blackmoney believed to be stashed abroad. In other words, the scheme was largely a flop show. Under the window, those with unaccounted foreign black money had to pay a tax of 30 percent and a penalty of another 30 percent to come clean.

It is important to note that the Panama list also shows the apparent failure of the the 90-days black money window offered last year to draw foreign blackmoney holders. The fate of the 90-day black money scheme was not too hard to anticipate since no one with ill-gotten wealth or unaccounted wealth would want to sacrifice 60 percent of their money to comply with the government regulations. They would find a way out by the time the arms of the law reach their bank lockers in tax havens.

When the window closed, finance minister, Arun Jaitley had warned in tough words that it will not leave any stone unturned to take action against the guilty. “Those who chose to declare between this period would not be prosecuted under the new black money law… These declarants can now sleep well.” Jaitley said, adding, “those with illegal assets abroad, who have failed to make declaration, would now stand the risk of information relating to them eventually reaching the Indian taxation authorities.”

It is not known whether any individuals whose names are included in the Panama list are among the declarants of the 90-days black money window that expired on 30 September, 2015. If they aren’t and if investigations find that they are indeed tax-evaders, its time for Jaitley to do what he said he would do. This isn’t the first time the list of black money holders surfaces in the media. In a similar investigation, a list of 1100 Indians with Swiss bank deposits was unearthed setting stage for larger debate on the black money issue.

The Modi-government has not made any significant progress on the black money hunt as it promised in the beginning, in terms of recovering money. But, it has indeed initiated efforts to do so. Not just foreign black money, the government is facing equal challenges to deal with the domestic black money holders as well.

This is also a time when Jaitley, in the Union Budget 2016, announced that a four month (June 1 to September 30, 2016) amnesty-like scheme will be given to domestic black money holders in India to disclose their illegal, unaccounted wealth by paying a total of 45 percent tax. Jaitley hasn’t called it an amnesty, but in principle, it is nothing but an amnesty offered to the tax-evaders. In 1997 when P Chidambaram was Finance Minister, a similar exercise had garnered Rs 10,000 crore revenue to the exchequer.

Besides that, after the Narendra Modi-government came to power, it announced a 90-days amnesty-like window for foreign blackmoney holders charging them 60 percent tax. A total of Rs 4,147 crore of undeclared wealth was declared and the government garnered Rs 2,500 crore from the whole exercise, again a paltry sum considering the kind of blackmoney stashed abroad.

In India, political promise of action against black money is not a convincing one since many of the political parties themselves thrive on funding from the same black money holders. The lack of transparency and the give-and-take relationship between politicians and corporations/wealthy individuals makes it even more difficult to cleanse the system and undertake action against the offenders.

The important question that the Panama list brings to the table is this: Can the Modi-government initiate meaningful action against the offenders by investigating their foreign holdings and, thus, show its seriousness on the black money hunt?

Indian black money deposits moved out of Switzerland

The Swiss National Bank, the country’s central banking authority, has estimated the funds currently held by Indians in Swiss banks at a mere $1.98 billion.

Fear of disclosure due to greater scrutiny of this illicit wealth has played the main role in the flight of capital. Rashme Sehgal reports from Geneva for Rediff.com

Narendra Modi had promised that on becoming prime minister he would ensure that Indian black money stashed in Swiss bank vaults would make its way back to India and every Indian would receive a bonanza of Rs 15 lakh (Rs 1.5 million).

Fifteen months have passed into his prime ministership and there are no signs of any undeclared assets having reached Indian shores. Bharatiya Janata Party President Amit Shah has tried to pass off Modi’s promise as being little more than an ‘election jhumla.’

Banking experts in Switzerland point out that the Rs 15 lakh figure for 1.2 billion Indians is untenable since most of the black money Indians had deposited in Swiss banks was cleared out during the last decade.

As per the latest data, the amount held by Indians through fiduciaries in Swiss banks has reached a record low level, while it used to be in the billions of dollars till about seven years ago.

“The figures of Rs 15 lakh would have worked out to several times India’s present GDP,” a senior Geneva-based tax consultant points out. “Switzerland never saw such massive deposits from any country.”

“More than half the undeclared money from India has been moved to Dubai and Singapore where it could have been invested in real estate, gold or re-entered India through the hawalaroute,” says lawyer Nathalie Bersier, a consultant for Swiss investments in India and vice versa.

“I do not know how Modi made such a remark. The Manmohan Singh government also talked about huge amounts of undeclared Indian money,” Bersier adds, “but the truth is that most of the money has moved out in the last decade.”.

The Swiss National Bank, the country’s central banking authority, according to data released last year, has estimated the funds currently held by Indians in Swiss banks at a mere $1.98 billion.

Fear of disclosure due to greater scrutiny of this illicit wealth has played the main role in the flight of capital.

Contesting the large black money amounts being mentioned in Indian newspapers, Bersier says, “In Switzerland, the perception is that the Indian assets vary between $900 million and $4 billion. I believe the amount would be somewhere in between.”

While Indian deposits may have shown a steady decline, the money held in Swiss banks by foreign depositors rose during 2014 to $1.6 trillion or Rs 103 lakh crore from about Rs 90 lakh crore at the end of 2013.

“From 2009, the Indian government has been highlighting this issue of black money without realising that the easiest thing to do is to close a bank account and transfer the money out,” says Bersier.

“Such a flight of capital has already occurred. Many of these deposits are known to have belonged to politicians which is why no government is forthcoming with the names of the depositors,” she adds.

Her belief is buttressed by the release of data from the Zurich-based Swiss National Bank confirming this trend. As per its latest data, the total Indian deposits held in Swiss banks at the end of 2014 included 1,776 million Swiss francs or Rs 12,350 crore (Rs 123.50 billion) held directly by Indian individuals and entities (down from 1,952 million Swiss francs a year ago), and another 38 million Swiss franc (down from 77.3 million Swiss francs at the end of 2013) through ‘fiduciaries’ or wealth managers.

State secretary for International Financial Matters Jacques de Watteville refused to hazard a guess about just how much money has been moved out of Swiss banks to be invested in Dubai or Singapore. “There are no official on the assets transferred out of Switzerland,” says Watteville.

Asked about the Indian names published in the Swiss Federal Gazette, Watteville says, “The publication of names of Indian account holders in the Swiss Federal Gazette is an internal Swiss legal procedure. Names are only published in the Federal Gazette as a last resort when there is no contact address in Switzerland for foreign residents who are affected by an administrative assistance request. The mere fact to have a name published does not prejudge the legal position of the person concerned.”

Does India need to establish a scheme to regularise offshore assets? “Our understanding is that the Indian government recently opened a ‘compliance window’ for taxpayers to regularise their situation,” says Watteville, referring to the government scheme whereby tax evaders can pay a penalty of 20 percent and get their black money regularised.

“Banking circles are aware that undeclared assets by Indians has been moved out,” says Nicolas Stepczynski, a Geneva-based banker and tax consultant with Berger Van Berchem et Cie. “Rich Indian families are already under great scrutiny by their government and therefore known to be very careful with their finances.”

Will the famed secrecy wall of Switzerland’s banking system finally show cracks? The Swiss Federal Council, Switzerland’s highest executive authority, recently declared that it is holding consultations with the Tax Administrative Assistance Act to ease practises with regard to stolen data.

For the present, Switzerland has refused to acknowledge leaked data as was the case of 600 Indian depositors at HSBC whose names were leaked by whistleblower Herve Falciani in 2006.

Falciani gave the list to the French government — who provided the information to the Indian government — rather than to the Swiss government because he felt it would not have investigated the matter further.

Bersier does not see too much emerging from the Federal Council consultations. “They are at a very early stage. Discussions have been held between the Swiss and Indian governments on the need to detect, recover and repatriate illegal deposits, but all the information available with the Indian government is based on stolen documents.”

“The key issue is what pressure the Indian government can exert on the Swiss government,” says Bersier. “The US threatened to close all Swiss banks operating in the US which led to the Swiss immediately signing a treaty with the US and UK. There are no Swiss banks operating in India.”

On the subject of the Automatic Exchange of Information between the Swiss and Indian governments expected to be operationalised by 2018, Bersier is equally cynical.

Erecting the AEOI platform is all very well, she feels, but it is too little too late. “By the time it becomes operational,” Bersier says, “all the illegal deposits will have been moved out. There are any number of countries where this money can be moved to.”

India has set up a Special Investigation Team headed by Justice B M Shah to look into the issue of black money. Justice Shah has welcomed the Swiss Federal Council’s approval of the bill to amend its laws to allow its government to share information with countries on the basis on what is perceived to be stolen data.

Detection and recovery of black money in foreign tax havens is a key concern of the Modi government.

India cites UN convention to help unearth black money

As Indian agencies look to bring back black money and ‘proceeds of crime’ stashed by individuals and companies in tax havens, the Narendra Modi government has drawn the attention of world leaders, including British Prime Minister David Cameron, to the UN Convention Against Corruption (UNCAC) which says that countries should extend cooperation in giving information on stolen or unaccounted assets.

India also pointed to the leaders and their representatives that nations should not hide behind bank secrecy laws when it comes to sharing information on “unaccounted money” lying in their banks and other financial institutions.

Representing India at the global Anti-Corruption Summit in London on May 11-12, central vigilance commissioner KV Chowdary , said, “Mr Prime Minister (David Cameron), India would like to stress that as stated in Article 51, the return of assets is a fundamental principle of UNCAC, and states/ parties must afford one another widest measures of international cooperation in facilitating quick return of stolen assets, including unaccounted assets and particularly assets in safe havens, to the countries of origin.”

Chowdary was accompanied by Enforcement Directorate chief Karnal Singh for the summit.

He said India will support the reporting on “tax information for large multinational enterprises” and that “India will take steps required for preventing corruption in government, its institutions and in businesses”. “We are also committed on the issue of return of unaccounted wealth from safe havens and for persistent and consistent efforts on asset recovery,” he said.

India’s statement in the summit said, “As advised by G20 and endorsed by the Doha declaration adopted at the 13th UN Congress on Crime Prevention and Criminal Justice, India advocates the extending of all assistance to the requesting States in identification, tracing, freezing, seizure, recovery and repatriation of assets.” “We firmly advocate that all State Parties should ensure cooperation in dissemination of information without any impediment of bank secrecy laws, to the requesting country,” said the statement.

Global Tax Havens or Havens For Dirty Money

By Abdus Sattar Ghazali

Gabriel Zucman, the author of the 2015 book “The Hidden Wealth of Nations: The Scourge of Tax Havens,” estimates that $7.6 trillion is stashed in tax havens. This amounts to 8 percent of the world’s personal financial wealth. The author believes that if all of this illegally hidden money were properly recorded and taxed, global tax revenues would grow by more than $200 billion a year.

Interestingly, on April 3, 2016, the International Consortium of Investigative Journalists, leaked massive documents known as “Panama Papers” which reveal the shadowy world of hidden offshore finances of presidents and prime ministers. The biggest leak of financial data in history exposes the offshore holdings of 12 current and former world leaders and provides details of the hidden financial dealings of 128 more politicians and public officials around the world.

The German newspaper, Süddeutsche Zeitung (SZ), which worked on the leaked documents with the International Consortium of Investigative Journalists, said the data provides rare insights into a world that can only exist in the shadows. It proves how a global industry led by major banks, legal firms, and asset management companies secretly manages the estates of the world’s rich and famous: from politicians, FIFA officials, fraudsters and drug smugglers, to celebrities and professional athletes.

According to The Guardian, the Panama Papers are an unprecedented leak of 11.5m files from the database of the world’s fourth biggest offshore law firm, Mossack Fonseca. The documents show the myriad ways in which the rich can exploit secretive offshore tax regimes. The massive leak of confidential documents from a Panamanian law firm has shown how some of the world’s richest people hide assets to avoid paying taxes.

Among national leaders with offshore wealth are Nawaz Sharif, Pakistan’s prime minister; Ayad Allawi, ex-interim prime minister and former vice-president of Iraq; Petro Poroshenko, president of Ukraine; Alaa Mubarak, son of Egypt’s former president; and the prime minister of Iceland, Sigmundur Davíð Gunnlaugsson.

Pakistan Prime Minister Nawaz Sharif has formed a high-level judicial commission to probe any financial wrongdoing, a day after three of his children were named in the ‘Panama Papers’ for owning offshore companies prompting demands for an enquiry by the opposition. Documents on the ICIJ website said Sharif’s children – Mariam, Hasan and Hussain – “were owners or had the right to authorize transactions for several companies”. Punjab Chief Minister Shahbaz Sharif’s relatives Samina Durrani and Ilyas Mehraj have also figured in the documents examined.

Iceland’s prime minister, Sigmundur Davíð Gunnlaugsson, became the first major casualty of the Panama Papers, stepping aside from his office amid mounting public outrage that his family had sheltered money offshore.

A $2bn trail leads all the way to Vladimir Putin’s best friend Sergei Roldugin who is at the centre of a scheme in which money from Russian state banks is hidden offshore. A spokesman for Russian President Vladimir Putin told The Guardian that the media investigation into offshore accounts is motivated by “Putinphobia,” and that he has not been implicated in any wrongdoing.

Putin’s spokesman Dmitry Peskov said “it’s obvious that the main target of such attacks is our president,” and claimed that the publication was aimed at influencing Russia’s stability and parliamentary elections scheduled for September. He suggested the Washington-based International Consortium of Investigative Journalists, which co-ordinated the international investigation, has ties to the U.S. government.

Family members of at least eight current or former members of China’s Politburo Standing Committee, the country’s main ruling body, have offshore companies arranged though Mossack Fonseca. They include President Xi’s brother-in-law, who set up two British Virgin Islands companies in 2009. China’s foreign ministry dismissed reports of the leaks from the Mossack Fonseca database as ‘groundless accusations’. A Communist party censorship directive instructed news organizations to purge all reports, blogs, bulletin boards and comments relating to Panama Papers revelations.

Twenty-three individuals who have had sanctions imposed on them for supporting the regimes in North Korea, Zimbabwe, Russia, Iran and Syria have been clients of Mossack Fonseca. Their companies were harbored by the Seychelles, the British Virgin Islands, Panama and other jurisdictions.

Tax Havens

Jill Lawless of the Associated Press says there’s one part of the British Empire on which the sun still does not set: its tax havens. Britain’s former world dominance has left it with a string of tiny territories scattered around the globe, and many of them have become hubs for hiding money. Despite growing political pressure, shutting down these and other tax havens may be easier said than done, Jill said.

As Britain’s colonies gained independence after World War II, London encouraged several small Caribbean islands to become tax havens as a means to self-sufficiency. As a result, many of the world’s tax havens have British links, including overseas territories such as the British Virgin Islands, Bermuda and the Cayman Islands. The Channel Islands of Jersey and Guernsey off the French coast, which are possessions of the British Crown, have been havens for the wealthy and their money for almost a century.

More than half the 200,000 companies set up for clients by Panamanian firm Mossack Fonseca in the leaked files are registered in the British Virgin Islands, a British overseas territory in the Caribbean.

According to the BBC two broad qualifications for being a tax haven are to have a low or zero rate of income tax and guarantee the rich a cloak of secrecy they would not receive in their own country. They have also been used to cover up criminal activity.

Since 2009, many attempts have been made to crack down on abuses. More than 700 tax transparency deals have been signed globally. Places including Switzerland, the Channel Islands and Luxembourg have tightened the rules, but Panama and the British Virgin Islands are among those criticized for not doing enough. The Organization for Economic Cooperation and Development and the Group of 20 nations have persuaded more than 90 countries to share financial data in a bid to crack down on secret dealings.

Mossack Fonseca

The Panama Papers make it clear that major banks are big drivers behind the creation of hard-to-trace companies in the British Virgin Islands, Panama and other offshore havens. They list nearly 15,600 paper companies that banks set up for clients who want keep their finances under wraps, including thousands created by international giants UBS and HSBC.

Mossack Fonseca is one of the world’s top creators of shell companies, corporate structures that can be used to hide ownership of assets. The law firm’s leaked internal files contain information on 214,488 offshore entities connected to people in more than 200 countries and territories.

The offshore system relies on a sprawling global industry of bankers, lawyers, accountants and these go-betweens who work together to protect their clients’ secrets. These secrecy experts use anonymous companies, trusts and other paper entities to create complex structures that can be used to disguise the origins of dirty money.

The Mossack Fonseca law firm has worked closely with big banks and big law firms in places like The Netherlands, Mexico, the United States and Switzerland, helping clients move money or slash their tax bills, the secret records show.

Big U.S. firms hold $2.1 trillion overseas to avoid taxes

Not surprisingly, in October 2015, an economic study revealed that the 500 largest American companies hold more than $2.1 trillion in accumulated profits offshore to avoid U.S. taxes and would collectively owe an estimated $620 billion in U.S. taxes if they repatriated the funds.

The study, by Citizens for Tax Justice and the U.S. Public Interest Research Group Education Fund, found that nearly three-quarters of the firms on the Fortune 500 list of biggest American companies by gross revenue operate tax haven subsidiaries in countries like Bermuda, Ireland, Luxembourg and the Netherlands.

Apple was holding $181.1 billion offshore, more than any other U.S. company, and would owe an estimated $59.2 billion in U.S. taxes if it tried to bring the money back to the United States from its three overseas tax havens, the study said.

General Electric has booked $119 billion offshore in 18 tax havens, software firm Microsoft is holding $108.3 billion in five tax haven subsidiaries and drug company Pfizer is holding $74 billion in 151 subsidiaries, the study said.

“At least 358 companies, nearly 72 percent of the Fortune 500, operate subsidiaries in tax haven jurisdictions as of the end of 2014,” the study said. “All told these 358 companies maintain at least 7,622 tax haven subsidiaries.”

Fortune 500 companies hold more than $2.1 trillion in accumulated profits offshore to avoid taxes, with just 30 of the firms accounting for $1.4 trillion of that amount, or 65 percent, the study found.

In September 2015, a U.S. federal judge authorized the Internal Revenue Service to seek the names of Americans using accounts at two Belize banks.

US Corporate Tax Cheats Hiding $1.4 Trillion In Profits In Offshore Accounts

By Patrick Martin

A report issued Thursday by the British charity Oxfam found that the 50 largest US corporations are hiding $1.4 trillion in profits in overseas accounts to avoid US income taxes, much of it in tax havens like Bermuda and the Cayman Islands.

The biggest tax dodger is technology giant Apple, with $181 billion held offshore. General Electric had the second-largest stash, at $119 billion, enough to repay four times over the $28 billion GE received in federal guarantees during the 2008 Wall Street crash. Microsoft had $108 billion in overseas accounts, with companies like Exxon Mobil, Pfizer, IBM, Cisco Systems, Google, Merck, and Johnson & Johnson rounding out the top ten.

Overseas tax havens have been the focus of recent revelations about tax scams by wealthy individuals, based on the leak of the “Panama Papers,” documents from a single Panama-based law firm, Mossack Fonseca, involving 214,000 offshore shell companies. The firm’s clients included 29 billionaires and 140 top politicians worldwide, among them a dozen heads of government.

But the sums involved in corporate tax scams dwarf those hidden away by individuals. According to the Oxfam report, the offshore manipulations by the 50 largest US corporations cost the US taxpayer $111 billion each year, while robbing another $100 billion annually from countries overseas, many of them desperately poor.

The $111 billion a year in US taxes evaded would be sufficient to eliminate 90 percent of child poverty in America, effectively wiping out that social scourge. It is more than the annual cost of the food stamp program, or unemployment benefits, or the total budget of the Department of Education.

Oxfam timed the release of its report for the April 15 income tax deadline in the United States (actually Monday, April 18 this year), when tens of millions of working people must file their income tax returns or face federal penalties. Working people could face additional tax penalties of up to 2 percent of household income, to a maximum of $975, under the Obamacare “individual mandate,” if they have not purchased private health insurance.

There is a stark contrast between the IRS hounding of working people for relatively small amounts of money—but difficult or impossible to pay for those on low incomes—and the green light given to corporate tax cheats who evade taxation on trillions in income.

“As Americans rush to finalize tax returns, multinational corporations that benefit from trillions in taxpayer-funded support are dodging billions in taxes,” said Raymond C. Offenheiser, President of Oxfam America. “The vast sums large companies stash in tax havens should be fighting poverty and rebuilding America’s infrastructure, not hidden offshore in Panama, Bahamas, or the Cayman Islands.”

The Oxfam report, titled “Broken at the Top,” expresses concern that “tax dodging by multinational corporations…contributes to dangerous inequality that is undermining our social fabric and hindering economic growth.”

It continues: “This inequality is fueled by an economic and political system that benefits the rich and powerful at the expense of the rest, causing the gains of economic growth over the last several decades to go disproportionately to the already wealthy. Among the most damning examples of this rigged system is the way large, profitable companies use offshore tax havens, and other aggressive and secretive methods, to dramatically lower their corporate tax rates in the United States and developing countries alike.”

Oxfam collected figures available from the 10-K reports and other financial documents issued by the 50 largest US companies, covering the period since the Wall Street crash, 2008 through 2014, and presented them in an interactive table. The figures included total profits, federal taxes paid, total US taxes paid (including state and local), lobbying expenses, tax breaks, money held in offshore accounts, and benefits received from the federal government, including loans, loan guarantees and bailouts.

Among the most important findings:

* The top 50 companies made nearly $4 trillion in profits globally, but paid only $412 billion in federal income tax, for an effective tax rate of barely 10 percent, compared to the statutory rate of 35 percent.

* The 50 companies spent $2.6 billion to influence the federal government, while reaping nearly $11.2 trillion in federal support, for an effective return of 400,000 percent on their lobbying expenses.

* The overseas cash stashed by the 50 companies, nearly $1.4 trillion, is larger than the Gross Domestic Product of Russia, Mexico, Spain or South Korea.

* US multinationals reported 43 percent of their foreign earnings from five tax havens, countries that accounted for only 4 percent of their foreign workforce and 7 percent of foreign investment. All told, US companies shifted between $500 billion and $700 billion in profits from countries where economic activity actually took place to countries where tax rates were low.

* In the year 2012 alone, US firms reported $80 billion in profits in Bermuda, more than their combined reported profits in the four largest economies (after the US itself): China, Japan, Germany and France. This figure was nearly 20 times the total GDP of the tiny island country.

The Oxfam report also pointed to an estimated $100 billion in taxes evaded in foreign countries, many of them rich in natural resources extracted by such global giants as Exxon, Chevron and Dow Chemical. According to the report, “Taxes paid, or unpaid, by multinational companies in poor countries can be the difference between life and death, poverty or opportunity. $100 billion is four times what the 47 least developed countries in the world spend on education for their 932 million citizens. $100 billion is equivalent to what it would cost to provide basic life-saving health services or safe water and sanitation to more than 2.2 billion people.”

The report cited former UN Secretary-General Kofi Annan’s assessment that “Africa loses more money each year to tax dodging than it receives in international development assistance.”

Oxfam offered no solution to the growth of inequality and the systematic looting by big corporations that its report documents, except to urge governments around the world to close tax loopholes. The group also pleads with the corporate bosses themselves not to be quite so greedy. Neither capitalist governments nor the CEOs will pay the slightest attention. But the working class should take note of these figures, which provide ample evidence of the bankrupt and reactionary nature of capitalism, and the urgent necessity of building a mass movement, on a global scale, to put an end to the profit system.

Global Tax Havens or Havens For Dirty Money

By Abdus Sattar Ghazali

Gabriel Zucman, the author of the 2015 book “The Hidden Wealth of Nations: The Scourge of Tax Havens,” estimates that $7.6 trillion is stashed in tax havens. This amounts to 8 percent of the world’s personal financial wealth. The author believes that if all of this illegally hidden money were properly recorded and taxed, global tax revenues would grow by more than $200 billion a year.

Interestingly, on April 3, 2016, the International Consortium of Investigative Journalists, leaked massive documents known as “Panama Papers” which reveal the shadowy world of hidden offshore finances of presidents and prime ministers. The biggest leak of financial data in history exposes the offshore holdings of 12 current and former world leaders and provides details of the hidden financial dealings of 128 more politicians and public officials around the world.

The German newspaper, Süddeutsche Zeitung (SZ), which worked on the leaked documents with the International Consortium of Investigative Journalists, said the data provides rare insights into a world that can only exist in the shadows. It proves how a global industry led by major banks, legal firms, and asset management companies secretly manages the estates of the world’s rich and famous: from politicians, FIFA officials, fraudsters and drug smugglers, to celebrities and professional athletes.

According to The Guardian, the Panama Papers are an unprecedented leak of 11.5m files from the database of the world’s fourth biggest offshore law firm, Mossack Fonseca. The documents show the myriad ways in which the rich can exploit secretive offshore tax regimes. The massive leak of confidential documents from a Panamanian law firm has shown how some of the world’s richest people hide assets to avoid paying taxes.

Among national leaders with offshore wealth are Nawaz Sharif, Pakistan’s prime minister; Ayad Allawi, ex-interim prime minister and former vice-president of Iraq; Petro Poroshenko, president of Ukraine; Alaa Mubarak, son of Egypt’s former president; and the prime minister of Iceland, Sigmundur Davíð Gunnlaugsson.

Pakistan Prime Minister Nawaz Sharif has formed a high-level judicial commission to probe any financial wrongdoing, a day after three of his children were named in the ‘Panama Papers’ for owning offshore companies prompting demands for an enquiry by the opposition. Documents on the ICIJ website said Sharif’s children – Mariam, Hasan and Hussain – “were owners or had the right to authorize transactions for several companies”. Punjab Chief Minister Shahbaz Sharif’s relatives Samina Durrani and Ilyas Mehraj have also figured in the documents examined.

Iceland’s prime minister, Sigmundur Davíð Gunnlaugsson, became the first major casualty of the Panama Papers, stepping aside from his office amid mounting public outrage that his family had sheltered money offshore.

A $2bn trail leads all the way to Vladimir Putin’s best friend Sergei Roldugin who is at the centre of a scheme in which money from Russian state banks is hidden offshore. A spokesman for Russian President Vladimir Putin told The Guardian that the media investigation into offshore accounts is motivated by “Putinphobia,” and that he has not been implicated in any wrongdoing.

Putin’s spokesman Dmitry Peskov said “it’s obvious that the main target of such attacks is our president,” and claimed that the publication was aimed at influencing Russia’s stability and parliamentary elections scheduled for September. He suggested the Washington-based International Consortium of Investigative Journalists, which co-ordinated the international investigation, has ties to the U.S. government.

Family members of at least eight current or former members of China’s Politburo Standing Committee, the country’s main ruling body, have offshore companies arranged though Mossack Fonseca. They include President Xi’s brother-in-law, who set up two British Virgin Islands companies in 2009. China’s foreign ministry dismissed reports of the leaks from the Mossack Fonseca database as ‘groundless accusations’. A Communist party censorship directive instructed news organizations to purge all reports, blogs, bulletin boards and comments relating to Panama Papers revelations.

Twenty-three individuals who have had sanctions imposed on them for supporting the regimes in North Korea, Zimbabwe, Russia, Iran and Syria have been clients of Mossack Fonseca. Their companies were harbored by the Seychelles, the British Virgin Islands, Panama and other jurisdictions.

Tax Havens

Jill Lawless of the Associated Press says there’s one part of the British Empire on which the sun still does not set: its tax havens. Britain’s former world dominance has left it with a string of tiny territories scattered around the globe, and many of them have become hubs for hiding money. Despite growing political pressure, shutting down these and other tax havens may be easier said than done, Jill said.

As Britain’s colonies gained independence after World War II, London encouraged several small Caribbean islands to become tax havens as a means to self-sufficiency. As a result, many of the world’s tax havens have British links, including overseas territories such as the British Virgin Islands, Bermuda and the Cayman Islands. The Channel Islands of Jersey and Guernsey off the French coast, which are possessions of the British Crown, have been havens for the wealthy and their money for almost a century.

More than half the 200,000 companies set up for clients by Panamanian firm Mossack Fonseca in the leaked files are registered in the British Virgin Islands, a British overseas territory in the Caribbean.

According to the BBC two broad qualifications for being a tax haven are to have a low or zero rate of income tax and guarantee the rich a cloak of secrecy they would not receive in their own country. They have also been used to cover up criminal activity.

Since 2009, many attempts have been made to crack down on abuses. More than 700 tax transparency deals have been signed globally. Places including Switzerland, the Channel Islands and Luxembourg have tightened the rules, but Panama and the British Virgin Islands are among those criticized for not doing enough. The Organization for Economic Cooperation and Development and the Group of 20 nations have persuaded more than 90 countries to share financial data in a bid to crack down on secret dealings.

Mossack Fonseca

The Panama Papers make it clear that major banks are big drivers behind the creation of hard-to-trace companies in the British Virgin Islands, Panama and other offshore havens. They list nearly 15,600 paper companies that banks set up for clients who want keep their finances under wraps, including thousands created by international giants UBS and HSBC.

Mossack Fonseca is one of the world’s top creators of shell companies, corporate structures that can be used to hide ownership of assets. The law firm’s leaked internal files contain information on 214,488 offshore entities connected to people in more than 200 countries and territories.

The offshore system relies on a sprawling global industry of bankers, lawyers, accountants and these go-betweens who work together to protect their clients’ secrets. These secrecy experts use anonymous companies, trusts and other paper entities to create complex structures that can be used to disguise the origins of dirty money.

The Mossack Fonseca law firm has worked closely with big banks and big law firms in places like The Netherlands, Mexico, the United States and Switzerland, helping clients move money or slash their tax bills, the secret records show.

Big U.S. firms hold $2.1 trillion overseas to avoid taxes

Not surprisingly, in October 2015, an economic study revealed that the 500 largest American companies hold more than $2.1 trillion in accumulated profits offshore to avoid U.S. taxes and would collectively owe an estimated $620 billion in U.S. taxes if they repatriated the funds.

The study, by Citizens for Tax Justice and the U.S. Public Interest Research Group Education Fund, found that nearly three-quarters of the firms on the Fortune 500 list of biggest American companies by gross revenue operate tax haven subsidiaries in countries like Bermuda, Ireland, Luxembourg and the Netherlands.

Apple was holding $181.1 billion offshore, more than any other U.S. company, and would owe an estimated $59.2 billion in U.S. taxes if it tried to bring the money back to the United States from its three overseas tax havens, the study said.

General Electric has booked $119 billion offshore in 18 tax havens, software firm Microsoft is holding $108.3 billion in five tax haven subsidiaries and drug company Pfizer is holding $74 billion in 151 subsidiaries, the study said.

“At least 358 companies, nearly 72 percent of the Fortune 500, operate subsidiaries in tax haven jurisdictions as of the end of 2014,” the study said. “All told these 358 companies maintain at least 7,622 tax haven subsidiaries.”

Fortune 500 companies hold more than $2.1 trillion in accumulated profits offshore to avoid taxes, with just 30 of the firms accounting for $1.4 trillion of that amount, or 65 percent, the study found.

In September 2015, a U.S. federal judge authorized the Internal Revenue Service to seek the names of Americans using accounts at two Belize banks.

PIL – Legal Prosecution of  Government officials , Public Servants  involved in Reliance  Scams

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

editor  ,  SOS e  Clarion  of   Dalit  &  SOS  e  Voice  for  Justice ,

# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable  Cabinet  Secretary ,  PMO , Government of  India  & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF

MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Our  whole hearted respects  to honest few in judiciary , parliament & public service. Our salutes to them , due to  honest efforts of those few  noble persons only at least democracy is surviving in India.

A .  “Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

B . Loot of natural resources , telecom  spectrum  &  public property  in  India  and  illegal aid  to  those criminals by government officials.

2. Question(s) of Law:

Are  government  officials ,  telecom , petroleum , finance department officials  , police & revenue officials who aided  loot ,  above Law & can go scot free ?

3. Grounds:

Requests for equitable justice , legal prosecution & punishment of guilty  government  officials  and public servants .

4. Averment:

Give what action has been taken by government of india  or state governments  or other statutory bodies  against reliance industries  for it’s irregularities in telecom , oil sector , etc.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

In the above premises, it is prayed that this Hon’ble Court may be pleased:

(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

(ii) Hereby , I do request  the honourble supreme court of india to  legally prosecute  guilty officials  mentioned in the above said report.

(iii) Hereby , I do request  the honourble supreme court of india  to uphold the constitution of india  , to protect natural resources and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request  the honourble supreme court of india  to  immediately keep all government officials mentioned in the above said report under suspension from service & to take necessary steps to protect all type of evidences.

(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Date :  28th November  2015………………………………Filed By : Nagaraja.M.R.

Place : Mysuru India…………………………………………..Petitioner in person

PIL – Legal Prosecution of officials involved in Bellary Mining Scam

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

editor  ,  SOS e  Clarion  of   Dalit  &  SOS  e  Voice  for  Justice ,

# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable Chief  Secretary , Government of Karnataka  & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF

MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Our  whole hearted respects  to honest few in judiciary , parliament & public service. Our salutes to them , due to  honest efforts of those few  noble persons only at least democracy is surviving in India.

A .  “Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

B . Loot of natural resources in Karnataka state  and  illegal aid  to  those criminals by government officials. Read  Karnataka Lokayukta Mining scam report .

2. Question(s) of Law:

Are  forest officials , police & revenue officials who aided  bellary mining loot ,  above Law & can go scot free ?

3. Grounds:

Requests for equitable justice , legal prosecution & punishment of guilty police , revenue , forest officials.

4. Averment:

GIVE WHAT ACTION HAS BEEN TAKEN AGAINST THE GUILTY  GOVERNMENT OFFICIALS  MENTIONED  IN THE KARNATAKA LOKAYUKTA REPORT  submitted by Justice Santosh Hegde &  Shri.U.V.Singh ABOUT BELLARY MINING SCAM. IF NOT WHY ?  REASONS THEROF.

How many guilty government officials mentioned in the above report  got promotions , continuing in service making it easy for them to tamper evidences ?

What action against  public servants , officials who are hushing up the case & protecting the guilty ?

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

In the above premises, it is prayed that this Hon’ble Court may be pleased:

(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

(ii) Hereby , I do request  the honourble supreme court of india to  legally prosecute  guilty officials  mentioned in the above said report.

(iii) Hereby , I do request  the honourble supreme court of india  to uphold the constitution of india  , to protect natural resources and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request  the honourble supreme court of india  to  immediately keep all government officials mentioned in the above said report under suspension from service & to take necessary steps to protect all type of evidences.

(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Date :  04th November  2015………………………………Filed By : Nagaraja.M.R.

Place : Mysuru India……………………………………Petitioner in person

Editorial :  Scams , Illegalities in  Trusts , CSR  Funds

   Trusts , Associations  are ideally formed , funded  by noble persons  to  work for achieving certain noble social objectives like education to deprived , health care to poor , etc. Ideally these trusts enjoy the faith , confidence of public and collect donations from them to achieve their stated objectives.

Of late , many NGOs , Trusts  are formed by  rich cunning people , corporate bodies solely to divert the black money. They lack accountability to the public , donors. Religious , charitable trusts  which are formed  to propagate religious preaching indulge in  business of establishing hi fi medical , engineering colleges earning donations to the tune of  millions of  rupees every year. Most of the financial transactions  of these trusts takes place by cash payments without proper documentation to by   pass legal scrutiny.

Many office bearers  / founders of these  trusts  treat  their trusts  as their personal fiefdoms and spend the resources of trust  for their personal hi fi lifestyles. Administrative expenses of these trusts are  much more than the expenses  made towards the  objectives of these trusts.  There are also possibilities of siphoning off money to illegal activities.

 

The tax exemptions given to these trusts by government are in essence a donation made by public exchequer  to the very same trust to the tune  of tax amount if enforced. Government also gives  land  at  concessional rates to these trusts , that subsidy amount is also a donation by public exchequer to the trust. So , naturally  functioning of  all religious , charitable , educational , political trusts must be brought under  the ambit of  RTI. A cap on administrative expenses of trusts must be enforced.  Office bearers of trusts  who violate  the  stated objectives of trusts must be  charged for public cheating & money must be recovered from them. Such trusts should be superseded and brought under the control of government.

Jai Hind. Vande Mataram.

 

Your’s

Nagaraja.M.R.

 

 

PIL –  Scams in Public  Trusts

An  Appeal to Honourable Supreme Court of  India

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO.         OF    2016

IN THE MATTER OF

NAGARAJA . M.R

editor ,  SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable   Chief Secretary , Government of Karnataka  & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion Justices of the Supreme Court of India.

The Humble petition of the   Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:

Trusts , Associations  are ideally formed , funded  by noble persons  to  work for achieving certain noble social objectives like education to deprived , health care to poor , etc. Ideally these trusts enjoy the faith , confidence of public and collect donations from them to achieve their stated objectives.

Of late , many NGOs , Trusts  are formed by  rich cunning people , corporate bodies solely to divert the black money. They lack accountability to the public , donors. Religious , charitable trusts  which are formed  to propagate religious preaching indulge in  business of establishing hi fi medical , engineering colleges earning donations to the tune of  millions of  rupees every year. Most of the financial transactions  of these trusts takes place by cash payments without proper documentation to by   pass legal scrutiny.

Many office bearers  / founders of these  trusts  treat  their trusts  as their personal fiefdoms and spend the resources of trust  for their personal hi fi lifestyles. Administrative expenses of these trusts are  much more than the expenses  made towards the  objectives of these trusts.  There are also possibilities of siphoning off money to illegal activities.

 

The tax exemptions given to these trusts by government are in essence a donation made by public exchequer  to the very same trust to the tune  of tax amount if enforced. Government also gives  land  at  concessional rates to these trusts , that subsidy amount is also a donation by public exchequer to the trust. So , naturally  functioning of  all religious , charitable , educational , political trusts must be brought under  the ambit of  RTI. A cap on administrative expenses of trusts must be enforced.  Office bearers of trusts  who violate  the  stated objectives of trusts must be  charged for public cheating & money must be recovered from them. Such trusts should be superseded and brought under the control of government.
2. Question(s) of Law:

Why political trusts , religious trusts  lack public accountability ? are they above law ?
3. Grounds:
Requests for equitable justice.

4. Averment:

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the chief secretaries of all stae governments ,  the concerned public servants  in the present case , to perform their duties.

b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. to  order all type of trusts to conduct their financial transactions  through banks only.

d. to order all type of trusts to make their functioning public and  to disclose their activities under RTI.

e. to order trusts  not to indulge in activities other than the stated objectives of trust and not to spend trust money  for the puroses other than mentioned in the objectives.

f. to put a cap on the administarative expenses , office bearers expenses of trusts.

g. to initiate criminal charges against the office bearers of trusts who have misused , diverted trust resources and recover such money from them with penal interest.

h. to supersede all the trusts which violate law and to bring thm under the control of government.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Dated :  13th  July 2016 …………………….FILED BY: NAGARAJA.M.R.

Place :   Mysuru , India…………………….   PETITIONER-IN-PERSON

Donations Scam In  Educational Trusts

–          I-T  Department Exposes  scam worth crores

According to I-T officials, the operations were conducted mainly in Karnataka and Maharashtra (including Pune and Mumbai) that have clusters of universities and professional colleges.

 

Educational trusts that run professional colleges, primarily medical and engineering colleges, by collecting donations as high as Rs 1 crore have come under the Income-Tax (I-T) department’s scanner. The I-T department has raised Rs 100 crore in tax demand from some trusts in Mumbai, Pune, Hyderabad and Bengaluru for irregularities and misusing tax benefits meant for charitable trusts. According to I-T sleuths, several institutions were surveyed in the last two months, and, in a few cases, searches were conducted as well. The findings of the survey have been sent to the Special Investigation Team (SIT) on black money. “The total amount of the scam is not yet quantified,” said an official directly involved with the operation. A large chunk of unaccounted money, accepted as donations, is used for personal benefits, and, of course, do not get declared. This results in the generation of black money,” said the official.

According to I-T officials, the operations were conducted mainly in Karnataka and Maharashtra (including Pune and Mumbai) that have clusters of universities and professional colleges. The action follows the government’s move to curb black money generation within the country. The finance ministry is of the view that the bulk of black money is still within India. A senior I-T official said, “Investigations have revealed that several trust-run educational institutions accept donations for admissions and deposit them in multiple bank accounts. In some cases, demand draft/bank challans were purchased in favour of the trust president, and they used multiple challans to keep the amounts low.”

“Nobody can object to charity or donations, but, at the same time, when large sums get donated, it rings an alarm bell unless the payments are made by account payee cheques with the donor’s name and Permanent Account Number,” a former DGIT told dna. “Some of these institutions are owned by big corporates and industrialists. In certain instances, it was found that trusts were created to divert funds,” said another official.

Discreet investigations have revealed that there were 3-4 intermediaries, and, quite often, office-bearers of these colleges accepted donations in cash. Admissions to under-graduate and post-graduate programmes were the main focal points for such acceptance of cash donations and done with the knowledge of the president of the trusts.

“There are at 3-4 intermediaries in the entire process – right from office-bearers to trustee owners. The main concern is that, in all cases, co-operative banks are being used to channelise donations. Henceforth, involvement of banks will also be investigated,” said an investigating officer. It has also been observed that many institutions do not specify the sources of income in their income statement and balance sheets.

In many cases, permissions were not taken from the appropriate authority for leasing out property for educational programmes. No plot or land can be leased out for any other purpose than education and without special permission from the leasing authority.

“In a few instances, the trustees have shown demand drafts received as donation from parents but we found that these drafts were from the same bank branch, indicating that they were breaking up cash into smaller drafts and depositing part of the donations back to the accounts maintained by the trust,” said I-T officials.

According to I-T sleuths, trustees created ‘proxy students’ who would take admissions under the government quota, only to be auctioned by the college to the highest bidder. This practice is rampant in private medical institutions. The income of a charitable trust is exempt from I-T, according to the provisions of Section 11, 12 and 13 of the I-T Act. However, to avail of this exemption, the activities of such trust/society should fall within the definition of ‘charitable purpose’.

It is often a topic of dispute among tax authorities whether high-end educational institutions, providing modern and state-of-the-art educational aid, should be allowed to undertake activities that are charitable or commercial in nature

Government seeks to tighten regulations for charitable trusts

 

The proposal will have implications for the way trusts claim tax exemptions and receive anonymous donations

Budget proposals to tighten the regulation of charitable trusts and institutions will have major implications for the way trusts currently claim tax exemptions and receive anonymous donations, experts said.

Aiming to prevent the abuse of tax exemptions, finance minister Arun Jaitley’s budget last week introduced provisions that seek to end the practice of trusts claiming double tax benefits, or tax exemption even when the income is not being used for charitable purposes. The budget also sought to make it easier for the tax department to cancel the registration of such trusts. And in an attempt to check money laundering, the government changed the tax treatment to discourage anonymous donations received by charitable institutions and trusts.

In December, the income tax department was hauled up by the Comptroller and Auditor General (CAG) of India over the alleged misuse of tax exemptions by trusts, pointing to lapses in the registration process, allowance of exemptions during assessment, non-monitoring of surplus income accumulations and foreign contributions received by trusts. The national auditor had also named a number of trusts who it said were misusing tax exemption provisions.

Rahul Garg, leader, direct taxes at consulting firm PwC, said the budget proposals are aimed at enhancing the compliance and reporting requirements by these trusts and plug some of the loopholes in the current laws.

“There was a perception that the charitable institutions are able to indulge in tax evasion due to the varied interpretation of the existing laws. The amendments clearly spell out what the law is. It will also help in reducing litigation,” he said.

He added that the changes will also address fears of money laundering raised by the home ministry because of the way foreign funds were coming into some charitable institutions. According to the memorandum explaining provisions under the Finance Bill 2014, a registered trust or institution which avails the benefit of exemptions under a specific exemption provision in Section 11 of the Income Tax Act meant for charitable purposes, cannot simultaneously take benefit of the exemption provided under any other provision of the Act.

Also, provisions have been introduced to ensure that a trust which uses tax-exempt income for acquisition of assets, cannot claim double benefit by using a notional depreciation of such assets.

To be sure, Parliament has to pass the Finance Bill 2014 for it to become an Act.

Law firm Khaitan and Co. in a post-budget note, said the changes in regulations around charitable trusts and institutions are aimed at rationalizing the taxation regime and eliminating certain loopholes and ambiguities. The note pointed out that the powers of the commissioner of income tax to cancel the tax exemption certificate of an institution have also been widened.

A commissioner can cancel the registration certificate if the trust does not use funds to benefit the general public; or uses them for a particular religious community or caste; or if the income of the trust is used for the benefit of any trustees.

The government has also moved to amend provisions to discourage anonymous donations to universities, hospitals and other charitable organisations. At present, though only that portion of anonymous donation that exceeds 5% of the total donations is taxed at 30%, the trust or society gets the benefit of reducing its total income by the entire amount that has been anonymously donated.

However, as per the amendment, only that portion of the anonymous donation that is taxed is eligible for reduction from the total income.

Dirty  Money  in  Trusts

Money “laundering”

Only a fool holds dirty money in his own name. The world’s financial system offers safer and friendlier ways to hide the proceeds of crime. Shell companies–those with no real operations–are one, phoney trusts and foundations are another (see “Trusts: The weak link”).

Belatedly, life is getting a bit more difficult for tax evaders, money launderers and those who abet them. One big move–now backed by the British government–is to oblige limitedliability companies to give details of their real owners. This newspaper has argued in favour of such a duty: limited-liability status is a kind of public subsidy (if the firm goes bust, the shareholders are not responsible for its debts). It was never meant to be a means of concealing ownership. Yet in many places it is just that: only six of 69 jurisdictions surveyed last year by Eurodad, an anti-corruption network, required all types of firm to record beneficial-ownership information.

Spurred by complaints from the police, pressure from campaigners and public distaste for tax-dodgers, the British government wants not only to set up a proper registry of beneficial ownership, but also to make its contents public. If the detailed regime matches the promise, this will be an important breakthrough. But Britain should also coax its offshore dependencies into greater openness. Some are conscientious, others less so. Even official investigators can find it hard to get the information they need. America can do more to help, too: states such as Nevada apply scandalously little scrutiny to the identity of those forming companies. European governments are keen to collect more tax, but many have been less eager to make corporate ownership transparent.

Cleaning up corporate ownership will increase public confidence in the financial system. But it is only the start. The misuse of trusts and other non-corporate entities is also a big problem. These have proper purposes, such as managing charitable donations, ring-fencing employee pension plans, safeguarding assets for children or organising wills and bequests. But they too enjoy a legal advantage: they are a way of parking assets. That seems fine as long as the trusts pay tax on profits (just as companies do) and their beneficiaries pay tax on any disbursement or benefit (just as shareholders do).

Instead, trust law has become a murky world. In many places there is no rule that trusts must disclose their existence, let alone pay tax on their earnings. “Orphan assets”, no longer legally owned by the person who put the money into the trust but not yet belonging to the trust’s potential beneficiaries, offer plenty of room for abuse. Some trusts, revealingly, even have flee clauses, where the trustees are obliged to try to change the domicile of the trust if the tax police start asking questions. A structure that was set up to protect the wives of medieval crusaders has ended up being used by the sort of businesspeople who greet the Russian leader as “Vladimir”.

Swiss knives

Far better to concentrate on two simple rules. First, all trusts and foundations should be registered, just as companies are, and their beneficiaries, both actual and potential, should be disclosed. Second, the trustees and the beneficiaries should be legally responsible for reporting any disbursements or benefits, and for making sure the tax is paid on them. Both the European Union and America are tiptoeing in this direction, but Luxembourg, Switzerland and some micro-states are resisting. It would be much better if they worked together. Trusts are a useful vehicle–but not for dodgy goods.

How Indian companies are misusing public trusts to launder their CSR spending

The statutory corporate social responsibility (CSR) norms introduced two years ago were expected to revolutionise funding of social causes, but some sections of India Inc may now be abusing these for laundering of black money, according to sources privy to such transactions.

Some companies are using onhire charitable trusts to fabricate CSR spending, at least two sources who have helped craft and execute such transactions said. They spoke to ET on the condition of anonymity.

India is the first and only country to have statutorily mandated corporate social responsibility for certain class of companies but the law allows a lot of leeway. CSR spends disclosed by companies need not be vetted by statutory auditors unlike other spending. Moreover, financials of charitable trusts also come under little statutory scrutiny. This combination of factors has left the new CSR norms wide open for abuse.

“Such abuse in unlikely in trusts floated by companies themselves. But it is possible where they use external trusts,” says Rusen Kumar, founder director of IndiaCSR, a portal that collates information and developments on CSR from across the country.

According to one person, the modus operandi is simple. If a company is obligated to spend, say, Rs 10 crore on CSR, it writes out a cheque in favour of a trust that works in education, healthcare, environment protection or any of the activities specified by the government. The trust, after deducting its commission, discreetly returns the money in cash to the officials or promoters, instantly turning Rs 10 crore of white money into black. The middleman gets a cut as well.

“Often the promoter pockets the money,” says a chartered accountant who has also helped clients with such deals. Often set up by politicians or rich individuals, these trusts also serve as laundering mechanism for unaccounted money. For example, a politician would set up a trust to build an educational institution. CSR funds would flow into the trust through legitimate banking channels. These funds are returned to the promoters in cash and the actual expenditure on the institution is met with the politician’s illicit hoard. The expenditure is then inflated helping launder the black money.

At the end of the year, the trust gives a report to the company which it duly incorporates in its CSR reporting form called AOC-4. “Though the financials are part of the directors’ report which is audited by external auditors, the AOC-4 itself is not subject to external audit. It is a lacuna,” says Bhaskar Chatterjee, director general and CEO, Indian Institute of Corporate Affairs (IICA).

ET met a middleman who had just concluded two deals—one for a well-known listed company and another for a smaller firm. He said he had already done cash-back deals worth about Rs 40 crore this year.

.

How Indian companies are misusing public trusts to launder their CSR spending

.

This is the first year that the CSR norms have come into play. Rules under Section 135 of the Companies Act, 2013, mandate that any company with a net worth of over Rs 500 crore or annual revenue of Rs 1,000 crore or net profit of Rs 5 crore has to spend 2 per cent of the average profit of the previous three years on CSR activities.

Public trusts are a favoured route to launder money because they are not adequately governed or monitored. Though some states such as Maharashtra have their own law such as the Bombay Public Trusts Act, 1950, trusts are not governed by a nationwide law. If a state law doesn’t exist such as in Delhi, these trusts are governed by the Indian Trusts Act of 1882 that applies to private trusts. There is no centralized repository— like the registrar of companies for corporates—of information on public  trusts.

They file annual accounts with the charity commissioner in states where it exists. Elsewhere, like Delhi, the only annual filing is income tax returns. An income tax official told ET that unless there is specific information, these are rarely scrutinized. In short, operations of public trusts remain opaque IICA’s Chatterjee, who was instrumental in drafting the CSR law, says that there is no real system to track these trusts. “The law should be tightened to ensure that money reaches the people it is intended to. If there is any leakage it should be plugged.”

Finance minister Arun Jaitley recently wrote in a Facebook post that bulk of the black money is within the country. He is probably right, but it would take tremendous political will and legislative imagination to choke the black money pipelines.

Who funds India’s political parties? Report says most donors anonymous

 

It is the best known secret of Indian politics. And it comes as no surprise that India’s national, state and regional parties earned Rs.4,662 crore in the last seven years, mostly in form of donations and contributions, but there is a huge cover of secrecy and lack of transparency in who gave the money to them, a report released by two NGOs has claimed.

The report shows that the Congress has earned the most, Rs. 2,008 crore, between 2004 and 2011 and its annual income has gone up steadily. At number two is the BJP, which in the same period made Rs. 994 crore. Its finances too improved steadily in the same period.

The report analyses income tax returns of political parties and donation documents made available to the Election Commission. The NGOs, Association for Democratic Reforms (ADR) and National Election Watch (NEW), campaign for transparency in the finances and funding of political parties.

The NGOs say that there is no standardised format for political parties to declare their incomes. A major source of income for all parties is the sale of “coupons” instead of receipts. Voluntary contributions and donations are also on top of the list of sources of income. None of these, the NGOs’ report says, are transparent ways to making and declaring money.

To bring some transparency into political funding, the Representation of People Act of 1951 says that political parties must declare details of contributions of more than Rs. 20,000. This report though points out major loopholes, like parties declaring every single contribution ofRs. 20,000 made by any person at one time. But if several donations totalling to more than Rs.20,000 are made by one person or company in one year, then parties interpret it differently. That leaves them the option of breaking up donations into amounts less than Rs. 20,000.

The BSP (which is third on the list in terms of income) for instance, has shown an income ofRs. 172 crore in between 2009 and 2011 but not declared a single contribution of more than Rs.20,000. The CPM, which made almost Rs. 150 crore in that period, has shown only 1.39 per cent of contributions of more than Rs. 20,000. For the same period, Congress has shown 11.89 per cent and BJP 22.76 per cent.

The parties with highest “donations” are the Telengana Rashtra Samiti at 99.98 per cent and Lok Janshakti Party at 89.88 per cent.

The other major source of income for the major parties is also donations from corporate houses. The report has a list of which corporate house made how much donation and to which party. Most of them contribute to both the major national parties, the Congress and the BJP. For instance, the General Electoral Trust made a donation of Rs. 36.41 crore to Congress and Rs. Rs. 26.07 crore to BJP between 2004 and 2011. Torrent Power similarly gaveRs. 14.15 crore to Congress and Rs. 13 crore to BJP. And a lot of the companies are new ones involved in infrastructure like power, steel and construction, beating the traditional firms of Tatas and Birlas.

Why are political parties not under RTI ambit: Supreme Court asks Centre, EC

The Supreme Court on Tuesday sought responses from the Centre, the Election Commission and six political parties, including Congress and BJP, on a plea to declare all national and regional political parties “public authorities” to bring them under the ambit of the Right to Information (RTI) Act.

“Issue notice,” a bench comprising Chief Justice HL Dattu and justices Arun Kumar Mishra and Amitava Roy said.

The Association for Democratic Reforms, an NGO, has also sought a direction that the political parties be asked to declare all donations, including those below Rs 20,000 also.

Lawyer Prashant Bhushan, appearing for the NGO, contended that political parties were public authorities and hence amenable to the RTI Act.

The Central Information Commission, in its detailed order, had held that political parties were public authorities and hence should disclose the information under RTI Act.

“Political parties do not have to pay the income tax on the donations and, moreover, the donations below Rs 20,000 are not to be disclosed under the law by them,” the lawyer said, adding that these parties also controlled the legislature and the law-making process.

Earlier, the NGO had approached SC seeking transparency and accountability in functioning of recognised national and regional political parties.

It had claimed that the political parties received huge sums of money in form of donations and contributions from corporates, trusts and individuals but do not disclose complete information about the source of such donations.

In its plea, the NGO had urged the apex court to direct all national and regional parties to mandatorily disclose details about their income as well as expenditure.

It had also sought declaration of entire details of donations and funding received by the political parties, irrespective of the amount donated and details of donors making donations to them and to electoral trusts.

The petition had claimed that political parties enjoyed a stronghold over their elected MPs and MLAs under Schedule 10 of the Constitution that makes it compulsory for members of either Houses of Parliament or state legislatures to abide by the directions of their parties, failing which they stand to be disqualified.

RTI applicable to Trusts, institutions indirectly funded by govt

 

In a recent judgement, the State Information Commissioner Vijay Kuvalekar has said that Trusts or institutions that are not directly substantially funded by the government, but still indirectly receive funds to run schools, courses, colleges, come under the Right to Information (RTI), Act.

Kuvalekar, in his judgement said that indirectly, since the parent institute is getting the funds for institutes run by them, the RTI is applicable.
The judgement came in the wake of former member of Shikshan Prasarak Mandali (SPM), B B Jambhulkar who raised an RTI query with the SPM to get details on admission having cited corruption.
Jambhulkar said, “The SPM, however, denied to reveal the information as the SPM Trust was not funded by the government. Besides, I asked the Trust to give me details of the appointment of over 400 members of the Trust.”
The information commissioner, however, said that, “It is clear that the Trust is receiving funds to run other institutes as seen in the books of accounts. In such a case, it is liable to reveal any information as sought by the RTI applicant.”


Incidentally, the Income Tax department recently cancelled the registration of SPM as a charitable trust’. Jambhular had asked the query regarding a list of names of the students who have sought admission at Ramnarian Ruia college and R A Poddar college of Commerce and Economics, Mumbai. 

 

PILs Covered up by Supreme Court

 

Image result for reliance company images

Image result for reliance company images

 

“There is a higher court than the court of justice and that is the court of conscience It supercedes all other courts. ”
– Mahatma Gandhi

 

 

 

 

Salary of Chief Justice of India Rupees  100000 per month & salary of  supreme court judge  Rupees 90000 per month plus  5 star heritage bungalow , 5 star air / train travel , 5 star health care facility , etc  all at tax payers expense

 

Hunger Deaths Malnutrition Deaths Poverty  Earning  Less than Rupees 32 per day

 

Honest  Hard Working Child Laborers Earning Less Than Rupees 32 per day

Corrupt Dishonest Criminal Public Servants Earning More than Rupees 5000 per day  Murderers of Justice

 

 Ill-gotten Wealth of  Corrupt Public Servants

 

Murderers of Justice Shame to You

 

 

 

 

Follow me at
http://www.facebook.com/people/Nagaraj-Mysore-Raghupathi/513253184 ,
http://www.amnesty.org/en/user/naghrw ,
http://twitter.com/naghrw  ,

 

 

A – Z   of   Manipulation  of  Indian  Legal  System

http://www.scribd.com/doc/187575206/A-Z-of-Manipulation-of-India-Legal-System  ,

http://www.scribd.com/doc/173854541/Chief-Justice-of-India-A-Criminal  ,

 

SHAME  TO  CORRUPT  RAPIST  JUDGES  OF  INDIA

 

 

 

 

EDITORIAL :  WAKE UP  Corrupt  Judges & Police of India – Bapuji’s dandi march- the origin of civil dis-obedience  movement

Greetings  on the birthday of  our bapuji , Mahatma Gandhi on 02nd October.   Just hanging  photograph of Gandhi  in  office room  , court  hall or  police station  won’t serve any purpose.  Before gandhi’s  photo only many corrupt practices , injustices are enacted by public servants.  Many  of  our public servants , Judges  &  Police   are  even unfit  to sit before  Mahatma Gandhi’s photograph , let   alone  invoke  mahatma’s name during  speech or court ruling.  Let  those very  Judges & Police   first  learn to  follow ideals  of Mahatma Gandhi  in their  official  capacity  as  well as personal capacity. The public servants  enjoy luxuries ,  5 star non veg meals ,  alcoholic drinks   all at tax payers expense. These judges give judgements  running into  hundreds of pages with moral guidance , great quotes  to commoners , police  use filthy language , 3rd degree torture methods against  innocents , commoners  , when there are rich crooks , criminals  justice kowtows before  their feet.  No brilliance  , quotes of judges , no bravery , valour of police , why ?

Inspite of our repeated appeals  for justice ,  judges  are mum.

1.       Are judges not interested in   apprehending  criminals & recovering  crores of public money ?

2.       Are   judges not interested in apprehending  master minds behind  Late prime minister Rajiv Gandhi assassination ?

3.       Are judges not  interested  in   prosecuting  greedy , corrupt industrialists ?

4.       Are  judges not interested in  apprehending  greedy  , corrupt  industrialist  of RPG  enterprises ?

5.       Are  judges  not  interested  to  apprehend  criminals  within  RBI & BRBNMPL ?

6.       Are judges not interested to do their duties to protect fundamental , human rights of commoners ?

7.       Are judges not interested to do their duties , to legally prosecute their corrupt colleagues ?

8.       If  not , why those  judges & police are not quitting their jobs  , pave the way for a honest person ?
It is on this day in 12/03/1930, mahatma gandhi led people to dandi in gujarath state,india , to peacefully protest against the atrocious, illegal tax levied by the occupiers-britishers on natural salt. This non-violent, civil dis-obedience movement soon became a mass movement throught india & shook the very foundations of the colonial british government . it is an important milestone in our freedom struggle.
Today, in india even after 1947’s  independence  commoner’s are yet to relish the fruits of independance. Criminals have occupied the seats of power , in their greed for power & money are violating the fundamental/human rights of commoners. The saving  grace is that still a few honest people are here & there in seats of power. We the commoners must come together & support those honest people in their endeavours. towards , this objective on this holy day   SOS e Voice for Justice   on web  was  born.
Let us build ram rajya of mahatma’s dream through non violent means within the existing democratic framework .that ram rajya is aptly described by poet shri. Ravindranath tagore as,
Where the mind is without fear & the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches it’s arms towards
perfection
Where the clear stream of reason has not lost it’s way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever widening thought and action
Into that heaven of freedom , my father
Let my country awake.
Jai hind. Vande mataram.

 

Your’s sincerely,

Nagaraja.M.R.

RELIANCE INDUSTRIES LIMITED – WHERE IS ACCOUNTABILITY?


Dear mukesh & anil ambani,


The reliance industries has always got a favourable treatment from the state & central governments.there are allegations that ,


1.years ago, the central government gave import concessions for import of certain raw materials of textile sector ,which hugely benefitted the P.F.Y & TEXTILE projects of your’s ie reliance industries.


2.the O.N.G.C which has painstakingly surveyed the oil & gas reserves & prepared a list of lists,gave that list & you got godavari basin oil & gas project from the government .O.N.G.C could have developed it & earned millions.


3.few months back you were charged both by the government & cellular operators (GSM) that you are giving S.T.D & ROAMING FACILITIES to your reliance phone subscribers.your’s was only a W.L.L. they even claimed that you are misusing a legal loophole & causing crores of losses to the government & other GSM operators. however while the issue was before the T.R.A.I, the trai legalized your actions by announcing unified licence for telecom operators.


4.now you are charged by the government of re-routing ISD CALLS as local calls,thereby causing crores of losses to the government & BSNL.this time also you may get the reprieve from the government. the government ,if a commonman does not pay his electric bills in time slaps interest & cuts down the electric supply immediately. however the same government ,even if your company has been alleged of causing crores of rupees losses to the government & other players, always enacts favourable laws for you like a SANTA CLAUS.


WILL YOU PLEASE CLARIFY mr.mukesh ambani & mr.anil ambani?
the TRAI announced unified licence regime in haste that too with retrospective effects.so all the charges against reliance were dropped. in the same vein as unified licence got retrospective effect , why not the government re-imburse the differece amount out of hefty fees collected from other cellular operators ? take the reliance fees as bench mark.anyway , finally commonman is the looser.

 

PIL – Legal Prosecution of  Government officials , Public Servants  involved in Reliance  Scams

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R  ,

editor  ,  SOS e  Clarion  of   Dalit  &  SOS  e  Voice  for  Justice ,

# LIG 2 , No 761 , HUDCO First Stage , Laxmikantanagar ,

Hebbal , Mysore – 570017 , Karnataka State

…..Petitioner

Versus

Honourable  Cabinet  Secretary ,  PMO , Government of  India  & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF

MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,

Hon’ble The Chief Justice of India and His Lordship’s Companion

Justices of the Supreme Court of India. The Humble petition of the Petitioner above named.

MOST RESPECTFULLY SHOWETH :

1. Facts of the case:

Our  whole hearted respects  to honest few in judiciary , parliament & public service. Our salutes to them , due to  honest efforts of those few  noble persons only at least democracy is surviving in India.

A .  “Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt people’s representatives , police , public servants & Judges. Some of the below mentioned judges fall among the category of churchill’s men – Rogues , Rascals & Freebooters.

B . Loot of natural resources , telecom  spectrum  &  public property  in  India  and  illegal aid  to  those criminals by government officials.

2. Question(s) of Law:

Are  government  officials ,  telecom , petroleum , finance department officials  , police & revenue officials who aided  loot ,  above Law & can go scot free ?

3. Grounds:

Requests for equitable justice , legal prosecution & punishment of guilty  government  officials  and public servants .

4. Averment:

Give what action has been taken by government of india  or state governments  or other statutory bodies  against reliance industries  for it’s irregularities in telecom , oil sector , etc.

That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:

In the above premises, it is prayed that this Hon’ble Court may be pleased:

(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

(ii) Hereby , I do request  the honourble supreme court of india to  legally prosecute  guilty officials  mentioned in the above said report.

(iii) Hereby , I do request  the honourble supreme court of india  to uphold the constitution of india  , to protect natural resources and to protect the constitutional rights of all Indian citizens including mine.
(iv) Hereby , I do request  the honourble supreme court of india  to  immediately keep all government officials mentioned in the above said report under suspension from service & to take necessary steps to protect all type of evidences.

(v) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Date :  28th November  2015………………………………Filed By : Nagaraja.M.R.

Place : Mysuru India…………………………………………..Petitioner in person

 

 

10 things you should know about the Reliance KG-D6 gas deal

 

Reacting to Arvind Kejriwal’s presser where he said that an FIR will be filed against Mukesh Ambani, current oil minister Veerappa Moily and former oil minister Murli Deora over the gas pricing formula, Moily said that we should sympathize with his ignorance since kejriwal doesn’t know how the government functions. He reiterated that the norms were being followed and there is a system for fixing prices.

ALSO READ: Kejriwal orders FIR against Mukesh, Moily

So who is actually ignorant in this case? Were the norms actually followed or has Kejriwal raised some valid points.
ALSO READ:T N Ninan: One more! 

Here is a refresher and ready reckoner on the entire KG D6 gas basin controversy.

1) What is KG D6 basin?

Krishna Godavari (KG) Basin is spread across 50,000 sq km in the Krishna River and Godavari river basins near the coast of Andhra Pradesh. The site Dhirubhai-6 (D6) is where Reliance Industries discovered the biggest gas reserves in India. In government records, the 7,645 sq km block is known as KG-DWN-98/1. The KG basin is considered to be the largest natural gas basin in India.

2) How did Reliance Industries get into KG basin?

Government of India opened up hydrocarbon exploration and production (E&P) in the country to private and foreign players in 1991. Small and medium sized blocks were opened up in this round which was followed up by giving out bigger blocks in 1999 as per the New Exploration and Licensing Policy (NELP). Through NELP, Reliance bagged the rights to explore the D6 block.

3) Did government have a role after the block was handed over?

Since all mining resources belong to the people of India, government monitors the exploration and production of these. In the case of oil and gas sector, government enters into contractual relationship with the private player through a Production Sharing Contract (PSC). The PSC lays out roles and responsibilities of all parties, specifies the detailed procedures to be followed at different stages of exploration, development and production. It also specifies the cost recovery and profit sharing in the contract. Directorate General of Hydrocarbon (DGH) monitors the PSC. A PSC was signed between the government of India (GOI) and undivided Reliance Industries and its minority partner Niko Resources (10 per cent stake) for exploration and production of oil and gas.

4) What happened to KG D6 when the Reliance group split?

Even before production could start from the KG D6 wells, Reliance group was split vertically between the two brothers, with the gas business of Reliance Industries remaining with Mukesh Ambani, the elder brother. The brothers fought over this huge reserve of gas even though it was not theirs in the first place. The very first line of a production sharing contract clearly says that “By virtue of article 297 of the Constitution of India, Petroleum is a natural state in the territorial waters and the continental shelf of India is vested with the Union of India”.

The brothers while splitting their father’s empire split the gas reserves too. A family pact between the two brothers, which was never made public till the issue blew out of proportion, was at the core of the dispute. Anil Ambani owned RNRL (Reliance Natural Resources Ltd) citing the agreement by the brothers in 2005, claimed it had rights to gas from Reliance KG basin for 17 years at $2.34 per mmBtu (million British thermal unit).The Supreme Court finally settled the matter by saying that ‘the government owns the gas till it reaches its ultimate consumer and parties must restrict their negotiation within the conditions of the government policy’.

Here the role of the government needs to be highlighted. None of the ministries involved in the process, including the oil ministry which Moily now represents, raised the point that the gas reserves belonged to the country and was not a property of the Ambani family. Even the Prime Minister, ManMohan Singh meekly requested the brothers to settle their differences in the interests of the country.

But how did the Ambani brothers arrive at this magic figure of $2.34 per mmBtu when there was no benchmark. In fact ONGC was supplying gas to the government at half the rate.

5) How did Anil Ambani arrive at the price of $2.34 per mmBtu for KG basin gas?

In June 2004, National Thermal Power Corporation (NTPC) invited bids for supply of gas for its 2600 MW power plant in Kawas and Gandhar. Reliance Industries, hopeful of starting production of gas by the time NTPC’s power plant is ready bid for the project and was awarded it as the lowest ‘techno-commercial’ bidder. A Letter of Intent (LOI) was issued to Reliance Industries to supply 132 trillion units of gas per annum to NTPC for 17 years at a price of $2.34 per mmBtu. Anil Ambani used this as a basis for asking gas for his power plant.

6) Why is the NTPC-Reliance dispute all about? 

Reliance Industries refused to sign the contract for supply of gas. Jairam Ramesh, the Minister of Power in a written reply to a question in Lok Sabha in 2009 said that “After issuance of LOI, RIL did not come forward to sign the Gas Sale and Purchase Agreement and sought major changes in the draft GSPA.In spite of all the efforts (by NTPC) RIL did not sign the GSPA agreed during the bidding process.”

NTPC dragged Reliance to Bombay High Court on December 20, 2005 but unfortunately the case that has dragged on. The case after nine years is still sub judice. Here again the government’s disinterest in protecting the interests of its own PSU has been a matter of much debate.

While NTPC was fighting the case with Reliance in the Bombay High Court, the government referred the matter to an Empowered Group of Ministers (EGoM) in 2007 headed by none other than the current President Pranab Mukherjee, who was then the finance minister. EGoM approved a rate hike of $4.2 per mmBtu of gas. This decision was taken without a single unit of gas coming out of the KG basin.

Reliance grabbed at this opportunity and said that it could not supply gas at a price lower than the mandated price set by the government.

7) How did Pranab Mukherjee arrive at the price of $4.2 mmBtu for gas?

The price was arrived by Reliance through its ‘price discovery mechanism’. As per a Reliance crafter formula, user companies were asked to quote a price which gave them a choice of arriving at a value between $4.54 and $4.75 per mmBtu. Reliance initially forwarded a figure of $4.59 which was later brought down to $4.3, but Pranab Mukherjee claimed victory by announcing a figure of $4.2 per mmBtu.

The brazenness of the entire exercise by the government can be seen from the fact that the objections raised by the Principal Advisor, Power and Energy to the government of India, Surya P Sethi along with the then cabinet secretary were ignored by the government. Surya questions the recommendation saying that nowhere is the cost of production more than $1.43.

8) Is it exploration or exploitation?

A CAG report released in 2011 (initiated in 2007 but delayed due to non-co-operation) on Performance Audit of Hydrocarbon PSCs castigated the oil ministry along with Reliance to retain its entire KG-D6 block in contravention of the PSC. As per the PSC, Reliance should have relinquished 25 per cent of the total area outside the discoveries in 2004 and 2005, but the entire area was declared as a discovery area (after initial objections) and the company was allowed to retain it. Without drilling adequate wells, Reliance kept on claiming that there was potential for petroleum. In CAG’s words this was done to confuse potential/prospectivity with actual discovery of hydrocarbons. The move allowed Reliance to keep the entire area to itself without following the norms laid under the PSC.

In a recent report CAG has said that Reliance moved directly from discovery to commercial production, skipping the intermediate appraisal programme step required as under PSC. CAG asks, without an appraisal programme how did the government and DGH ascertain the amount of gas in the well? And if they did not know how much gas was there in the well, what is the logic and basis of blaming Reliance of hoarding gas. Further, as pointed out by CAG, how did DGH assure itself of reliability of the development plan, production rate and production costs without the appraisal report?

9) Why more investments are bad?

CAG pointed out that as per the PSC, more investments, especially in initial stages would mean more profit for the operator and less for the government. This structure gives inadequate incentive for operators to reduce capital expenditure and provides them with substantial incentives to ‘front-end’ capital expenditure. Share of government profit varies from 85 per cent in a low investment scenario to 5 per cent in a high investment scenario. This explains the case of exaggerated investment made against Reliance Industries.

Incidentally, as pointed out by V Ranganathan of IIM Bangalore in his article in Economic Times, the case of exaggerated investment was first pointed out by Anil Ambani, where he pointed out that investment as per Reliance’s plan is increasing four times but production is expected to only double. Reliance revised its production estimates from 40 mmscmd (million metric standard cubic metres per day) to 80 mmscmd while increasing its investment from $2.4 billion to $8.8 billion.

10) How was the new pricing formula arrived at?

Former RBI governor C Rangarajan came out with a formula which has been followed nowhere in the world, which has resulted in Reliance (and other players too) getting a price on import parity basis. Surya Sethi, former Principal Adviser, Power and Energy, Government of India does not mince words when he asks the Prime Minister in an open letter [Read here] not to burden the nation with Rangarajan Committee’s madness that only benefit a select few.

Conclusion

Sethi’s open letter to the Prime Minister sums up the entire issue when he points out that the CAG’s findings reveal how crony capitalism benefited RIL. The pre-qualification norms were diluted to ensure RIL qualified, the claimed size of gas discoveries, the field development plans and the investment outlays proposed escaped rigorous due diligence says Sethi. Above all, the company’s commitments under the PSC on gas output were not enforced.

The entire episode stinks of anything but natural gas. While Moily may claim that system was followed, there is enough evidence out there that says otherwise.

THE MEGA 4G SCAM BY GOVERNMENT AND RELIANCE

After the 2G spectrum allocation scam of the UPA Government, another major telecom scandal in the allocation of 4G spectrum (BWA) has come to light by the recent CAG report. In fact, AAP leader and senior lawyer Prashant Bhushan has filed a PIL in the Supreme Court seeking cancellation of Reliance Industries’ telecom license and a through criminal investigation. Supreme Court had issued notice to Government and Reliance on that petition on 9th May 2014.

The factum of the scam is this. The UPA Government in March 2013 allowed a back-door entry of Reliance Jio Infocomm into voice telephony in violation of the judgment of the Supreme Court in the 2G case. This was done at the price discovered in 2001 of Rs 1,658 crores for a pan-India licence, which is the same price that was struck down by the Supreme Court in the 2G judgment because of having caused a huge loss to the public exchequer.

During May-June 2010 the auctions for 3G and 4G were concluded. The 3G auction fetched Rs 16,750.58 crore for 5+5 MHz spectrum in 2100 MHz (or 2.1 GHz) band. Thus, per MHz price worked out to be Rs 1,675 crore. Immediately, after the 3G auction, the 4G auction began which fetched Rs 12,847.77 crore for 20 MHz pan-India license in the 2300 MHz (or 2.3 GHz) band. This works out to be Rs 642.39 crore per MHz. This was so because all documents stated that 4G spectrum was for data services only, whereas 3G spectrum can be used for both data and voice telephony.

Infotel Broadband Services Pvt Ltd (IBSPL) emerged as the only company to have acquired pan-India 4G spectrum. IBSPL had an internet license since November 2007 and had just one subscriber with revenue of Rs 16.28 lakhs during 2009-10, and its authorized share capital was Rs 3 crore and the paid up capital was Rs 2.51 crore. Infotel Digicomm Pvt Ltd (IDPL) held 99.99% share of the IBSPL at the time of submission of application in March 2010.

Within hours of completion of 4G auction on 11.06.2010, IBSPL increased the authorised share capital from Rs 3 crore to Rs 6,000 crore. On 17.06.2010, the company authorized its Board of Directors to allot 475 crore equity share of Rs 10 each to Reliance Industries Ltd (RIL) and 25 crore equity share of Rs 10 to Infotech Digicomm Pvt Ltd (IDPL) aggregating to the equity capital of Rs 5,000 crore. On the same day, the company also decided to change from a private company to Public Limited Company (Infotel Broadband Services Ltd). Thus, the company within a week of winning the 4G spectrum disposed off 95% shares to RIL while 5% was retained by IDPL. Much later in March 2013, the company was renamed as Reliance Jio Infocomm Pvt Ltd.

CAG has found that the Government did not protect its interest at the time of framing eligibility criteria for the 4G auction. It allowed participation of internet (ISP) licensees without ensuring adequate safeguards in terms of net-worth of the companies participating in the auction. It found that while a UAS licensee or even a new company without a license was allowed to participate in the 4G auction, but they had to pass through the test of net-worth in order to become eligible, but no such criteria was specified for the existing internet (ISP) licensees participating in 4G auction. CAG observed that this criterion was important even for ISP-A licensees as they had to participate in the bidding where the reserve price was fixed at Rs 1,750 crore per pan-India license for 20 MHz spectrum in 2.3 GHz band. The only company which won the pan-India 4G license, was an ISP-A licensee, Infotel Broadband Services Pvt Ltd (IBSPL), a HFCL promoted group company. CAG has stated that IBSPL was given the ISP-A license in November 2007, and it had just one leased-line subscribers as on December 2009 and total revenue of just Rs 16.28 lakh for FY 2009-10. The paid-up capital was just Rs 2.51 crore and 99.99 per cent of it was held by Infotel Digicom Pvt Ltd at the time of submission of application for the 4G auction in March 2010. Thus, this company could not be termed as a serious player. And there were no checks in-built in the auction process to eliminate such non-serious players, CAG has observed.

After the company was taken over Reliance Industries, the Government allowed it to provide voice telephony (which was earlier prohibited) without conducting a fresh auction. This was done at the rate of Rs 1,658 crore which was fixed in 2001, and had been struck down by the Supreme Court in the 2G case for causing huge loss to public exchequer. The CAG has now concluded that besides vitiating the auction process, an undue advantage of Rs 22,842 crore was given to RIL at the cost of exchequer. The relevant part of the CAG’s report is reproduced below: –

It was found that the basis of the decision i.e. payment of entry fee of Rs 1,658 crore by ISP licensee for a permission to Pan India provision of mobile voice services using BWA spectrum considered by the DoT Committee, Telecom Commission and the MOC&IT, was primarily intended to fill the gap between the eligibility criterion stipulated for participation in the 3G / BWA auction in 2010 as UAS / CMTS licensees had paid entry fee of Rs 1,658 crore while ISP licensees had paid only Rs 30 lakh.

The DoT Committee, Telecom Commission and the MOC&IT however ignored the fact that the quantum of entry fee i.e. Rs 1,658 crore was basically discovered in 2001 through the bidding for the 4th Cellular licenses. Market conditions since then have changed drastically, and this price needed to be modified to reflect the present value. Neither the DoT Committee / TC under the Chairmanship of the Secretary DoT nor the MOC&IT felt the need for revision of the price discovered in 2001 as the entry fee for UASL in 2013, even when the Hon’ble Supreme Court of India had cancelled 122 licenses granted in 2008 on the basis of the same entry fee stating that it was impossible for them to approve the action of the DoT.

Therefore, by permitting ISPs to provide mobile voice service using BWA spectrum won in 2010 auction post-auction, the government has brought ISP licensees with BWA spectrum at par with UAS / CMTS 3G spectrum winners so far as provision of services are concerned – Voice, Data, etc., and post auction interpretation of such vital nature would appear to be arbitrary, inconsistent and not appropriate. Hence, IBSPL, now Reliance JioInfocomm, appeared to have been accorded undue advantage of Rs 22,842 crore i.e. the difference of the proportionate prices for 20 MHz block size in 2.1 GHz spectrum band (3G spectrum) and 2.3 GHz spectrum band (BWA spectrum) plus the Net Present Value of the entry fee for UASL at the end of FY 2009-10 (Rs 20,653 crore plus Rs 3,847 crore – Rs 1,658 crore). Besides, the sanctity of the entire auction process has been rendered vitiated due to post auction interpretations and interventions after three years. It was therefore no surprise that Reliance JioInfocomm was among the first group of companies which applied for UL immediately after introduction of the scheme and obtained the Letter of Intent (LoI). Had the spectrum blocks been specified and declared as liberalised spectrum blocks i.e. open for all technology / services in the NIA in February 2010, there was no doubt that bidders would have taken informed decision for putting up their bid and the market discovered price would have been significantly different for 3G and BWA spectrum.

Therefore, the Aam Aadmi Party demands the NDA government to immediately cancel the telecom license and allotment of 4G spectrum given to Reliance Industries and also a registration of an FIR by the CBI for a through criminal investigation into this scam involving Reliance Industries and the UPA Government.

Petroleum Ministry document leak: It’s a Rs 10,000 cr scam, claims accused Santanu Saikia; R-ADAG office raided

The dramatic claim comes after police arrested five senior executives from top energy firms and two consultants, including Sanatnu Saikia in the Petroleum Ministry ‘leak’ case.

A key accused in the corporate espionage case today claimed that it was a Rs 10,000 crore scam that he was trying to uncover as police said documents seized from corporate executives related to “national security” that can attract Official Secrets Act provisions.

Meanwhile, a local court remanded the five arrested corporate executives in police custody till February 24 for further questioning. Delhi Police also conducted raids here and in nearby Noida looking for stolen documents from offices of petroleum companies.

Santanu Saikia, a former journalist, now running an energy consultant running a website, claimed to reporters outside an Crime Branch office that it was a Rs 10,000 crore scam, which he was trying to uncover. “Please quote me,” he said as policemen took him in for interrogation.

Reacting to his claim, Petroleum Minister Dharmendra Pradhan said Saikia was saying such things for covering up his own defence.

“Let him spill out all the information he has. The primary accusation is that somebody stole the papers from the ministry. Police is investigating. Anybody has the right to tell everything to the police,” he said.

Pradhan said police is doing an independent job and everything will be clear after investigation. Law will take its course, whoever they may be, he said when asked about the arrest of executives of private companies.

Producing the five corporate executives arrested yesterday before Chief Metropolitan Magistrate Sanjay Khanagwal, the police said, “National interest was taken for a ride in the case.

“Documents related to national security have also been recovered. This may attract charges under the Official Secrets Act.”

The five–Shailesh Saxena from RIL, Vinay Kumar from Essar, KK Naik from Cairns, Subhash Chandra from Jubilant Energy and Rishi Anand from Reliance ADAG–who were produced in the court in police custody till February 24 for further questioning.

The police told the court that they have to consult the concerned ministries regarding the documents which have been recovered from the possession of the accused and their custodial interrogation was required to confront them with the same.

These five accused were procuring these sensitive documents at the behest of their senior officials, some of whom might be interrogated in the ongoing investigation, police said.

The advocates appearing for these five accused vehemently opposed the police’s plea seeking five days police custody, contending that their clients have been illegally detained since February 18 and 19.

The defence counsel also contended that there was nothing to be recovered from their clients and the police have not told the court regarding the specific allegations against these accused.

With the arrest of these five accused, the total number of arrests in the case rose to 12. Seven others were produced in the court yesterday out of whom four were sent to police custody till February 23 and three were remanded to judicial custody for two weeks.

Police sources said that Subhash Chandra, a senior executive with Jubilant Energy, who was arrested along with four other top officials of energy companies yesterday, was taken to Jain’s office in the morning.

After searching Jain’s office, the police team took him to the Noida office of Jubilant Energy. His office and some other rooms were searched by the police to recover stolen documents.

Office of another petroleum company whose executive was also one of them arrested was also raided by the police. Laptop and computers of the arrested officials have been seized by investigators which would be sent for forensic analysis.

Asked about the issue, Delhi Police Commissioner B S Bassi said, “We have searched places which were necessary for the course of investigation. We may further raid places as our aim is to reach the bottom of the whole thing.”

The police chief also said that investigation is on in the case and it will end only when a charge sheet will be filed.

“We need to know since how long this has been going on and who all benefited from it,” said a senior official.

According to police, all these company executives allegedly received stolen documents which have been recovered by police teams during raids from their establishments.

Saxena is Manager, corporate affairs, Reliance Industries Limited(RIL); Chandra is senior executive, Jubilant Energy; Anand is DGM, Reliance ADAG; Vinay is DGM, Essar and Naik is GM, Cairns India.

They have been booked under IPC sections 120 B (criminal conspiracy) and 411 (dishonestly receiving stolen property).

The case FIR, produced in a local court yesterday said an input on the National Gas Grid for the Finance Minister’s Budget speech of 2015-16 is among the various “secret” documents recovered from the accused.

The office of Reliance ADAG group at a premier five-star hotel here was also raided today by police in this connection.

“We are basically looking for the stolen documents from the establishments linked to the 12 people we have arrested so far. Searches are being conducted at various places in Delhi and NCR,” said a senior police official associated with the probe.

The raids have been confined to this region and not being carried out “across the country” as was speculated, he added.

Sources, meanwhile, said that police had also stumbled upon another module operated separately from the those arrested so far and their ‘area of operation’ was another plum ministry.

They added that a junior level officer and some more corporate executives are under scanner in this connection and arrests are expected by Monday.

KG basin controversy: SC seeks response from Reliance


The Supreme Court on Friday granted six weeks time to Mukesh Ambani’s Reliance Industries Ltd (RIL) to respond to the final CAG report, which found alleged irregularities including in payments made to the contractors on drilling of D6 wells at the Krishna-Godavari basin.

The apex court posted the next hearing for March 20 during which it would examine the RIL’s response to the CAG report that had sought disallowance of $357.16 million (about Rs 2,179 crore) expenditure RIL incurred on drilling of wells and payments to contractors in KG-D6.

Solicitor General Ranjit Kumar said the Centre can make comments on the Comptroller and Auditor General (CAG) recommendations and findings only after getting the report of the Parliament’s Public Account Committee which is examining it.

The order was passed during a brief hearing of petitions filed in 2013 by senior CPI leader Gurudas Dasgupta and NGO Common Cause, challenging the then UPA government decision to double the price of natural gas from $4.2 to $8.4 per mmbtu and seeking cancellation of RIL’s contract for exploration of oil and gas from the KG basin.

The third PIL on the issue has been filed by advocate M L Sharma. A bench headed by Justice T S Thakur also allowed Dasgupta and other petitioners to file their response to the NDA government’s fresh guidelines which would “supersede” the earlier UPA dispensation’s policy on price fixation for natural gas, including that from KG basin, which has been the bone of contention between the Centre and RIL.

The Solictor General on November 14, 2014 had said before the bench, which also comprised justices J Chelameswar and Kurian Joseph, that the ‘new domestic natural gas policy’ was approved by the government on October 18 raising natural gas price to $5.61 per mmbtu from November 1 and had said that “recommendation of the Rangarajan Committee would not be given effect”.

The Rangarajan formula on gas pricing was approved by the previous UPA government. Rangarajan was Chairman, Economic Advisory Council to the then Prime Minister.

In its second audit of RIL’s eastern offshore KG-D6 block, the CAG on November 28, 2014 recommended disallowing the company from recovering $279.8 million in cost of three wells as well as a part of expenditure the firm had incurred in area which was improperly declared discovery area.

The CAG, in its report tabled in the Parliament, found irregular payment of $427.48 million to contractors, of which it sought disallowance of at least $77.36 million cost. Earlier RIL’s senior advocate Harish Salve had said “he is not happy with the new guidelines (on gas pricing)”.

While the Centre has maintained that the issue raised by Dasgupta has been addressed with the new guidelines, advocate Prashant Bhushan, appearing for the NGO, had said several other issues needed to be argued.

He had said that the draft CAG report itself suggested that RIL “hugely over-estimated” the reserves of the KG gas block and other irregularities are cited.

Among the other issues, the NGO has alleged that fraud was committed by RIL requiring government to take back the field and there was a need for court-monitored probe on the issue.

Dasgupta and the NGO had said government should be asked not to make “any further increase” in the price of gas produced by RIL from KG basin.

RIL has refuted the allegation of extraneous consideration for the increase in the gas price from $4.2 to $8.4 per mmbtu for the gas taken from the existing fields like KG D-6 basin. RIL had submitted that the gas output from KG basin has fallen to 8 mscmd against expected 80 mscmd due to “technical reason”.

M Veerappa Moily, the then Union Minister of Petroleum and Natural Gas, was also named as one of the respondents in the petitions. The PILs have also sought imposition of penalty on private parties for failure in adhering to commitments.

The petitioners have sought a direction for a thorough audit by CAG of the working of the production-sharing contract (PSC) governing KG block, gold plating by RIL, underproduction by RIL and all related issues.

The former CPI MP had alleged collusion between the government and the company, saying RIL “is holding country’s energy security to ransom”. He also said that natural resources belong to the citizens and the government.

The Common Cause has supported Dasgupta’s arguments and referred to controversial intercepted telephonic conversations between former corporate lobbyist Niira Radia with others to support the allegation of collusion.

The NGO has urged that Centre should wait for the outcome of the two petitions pending before the apex court.

 

Kejriwal trains his guns on Reliance Industries Limited ( RIL ), wants gas pact cancelled

Kejriwal attributes Jaipal’s ouster to his refusal to carry out Mukesh Ambani’s diktat
India Against Corruption on Wednesday launched a scathing attack on the NDA government as well as the Manmohan Singh government for protecting the interests of corporates, especially Reliance Industries Limited (RIL). It demanded that the government’s contract with RIL be scrapped as the Mukesh Ambani’s company allegedly cut down on production from its KG D6 gas- field to gain huge profits after the proposed gas price revision.
Linking the shifting of Jaipal Reddy from the Petroleum and Natural Gas Ministry to his refusal to follow RIL’s diktat to revise the price before the scheduled deadline of April 2014, IAC leader Arvind Kejriwal said Mr. Reddy was shunted out as he refused to bow to RIL, arguing that a price revision would fetch the company an additional profit of Rs. 43,000 crore.
“Mr. Reddy had prepared a note for the Empowered Group of Ministers (EGoM), in which he mentioned that acceptance of RIL’s demand would mean an additional profit of Rs. 43, 000 crore [to the company]. Most of this gas is used in power and fertilizer production. Increasing the gas price would mean an additional financial burden of Rs. 53,000 crore on the Central and State governments. This would in turn mean higher power and fertilizer prices… or a higher subsidy burden on the taxpayer,” Mr. Kejriwal said in his third expose, after targeting Congress president Sonia Gandhi’s son-in-law Robert Vadra and BJP president Nitin Gadkari.
Mr. Kejriwal, who addressed journalists, along with Supreme Court lawyer Prashant Bhushan, said that in 2006, it was Mani Shankar Aiyar who got the axe and Murli Deora was brought in to allow RIL to increase capex from $2.39 billion to $8.8 billion and to increase the gas price from $2.43 per Million Metric British Thermal Units (mmBtu) to $4.2 mmBtu. “We demand that the contract with RIL for the KG D6 be scrapped immediately and the state-run companies like ONGC be given the block for future production. The government should immediately put in place adequate systems to get full production from the KG D6 at the cheapest prices for the country and its people.”
Mr. Kejriwal said that under RIL’s contract, the company was supposed to sell gas at $4.2 per mmBtu until March 2014. But midway, the company wanted the price increased to $14.2 per mmBtu.
Mr. Kejriwal and Mr. Bhushan alleged that to pressure the government to revise the gas price, RIL had substantially reduced production for over the past one year. The total consumption in the country stood at 156 Million Metric Standard Cubic Metre Per Day (mmscmd). RIL was supposed to produce 80 mmscmd from 2009. However, it was turning out just 27 mmscmd. “Production was being artificially kept low to blackmail the government. They are not just hoarding gas but also forcing various consumers to buy gas from abroad. Gas from abroad costs $13 per mmBtu, and if RIL’s demand for increasing the gas price is accepted, it will lead to the shutdown of several gas-based power plants and an increase in power and fertilizer prices. It will result in Rs. 43,000 crore of additional benefits to RIL.”
Mr. Kejriwal said the drastic reduction in gas production forced many gas-based power plants to shut down or run with a reduced capacity. “Today, power from a gas-based power plant costs Rs. 3 a Kwh (Kilowatt hour). If the gas price is increased from $4.2 to $14.2 as demanded by RIL, power rates will go up to Rs. 7 a Kwh. “We urge the people of this country not to allow the government to pass the huge benefit to RIL and [to] flood the Petroleum Ministry and its new Minister, Veerappa Moily, with RTIs [Right to Information questions] … so that he does not dare to undertake any revision. We should not allow this government, which changes Ministers at the instance of Mr. Ambani, to work at the direction of RIL.”
Mr. Kejriwal played the clippings of tapes, involving conversations between corporate lobbyist Niira Radia and Atal Bihari Vajpayee’s son-in-law Rajnan Bhattacharya. “First, the NDA regime favoured RIL in the structuring of the deal in 2000, and various modifications were made thereafter.” Citing the CAG’s report on the KG D6, he alleged that the motivated structuring of the contract could cost the exchequer up to Rs. 1 lakh crore.
He said RIL had signed a contract with state-run NTPC in 2004 to supply gas for its power plants at $2.34 per mmBtu. However, the company backed out of the deal, and the matter was in court. “UPA I or UPA II did not deem it fit to vigorously take up the case of NTPC against RIL, but worked in a proactive manner to get the price revised for RIL gas. The EGoM, headed by the then Finance Minister, Pranab Mukherjee, revised the gas price to $4.2 per mmBTU, and by doing so, it gave RIL an undue benefit of Rs. 8,000 crore. 

 

Kejriwal’s latest: Reliance blackmailing govt, Mukesh Ambani running India

NEW DELHI: S Jaipal Reddy was axed as petroleum minister for refusing a Mukesh Ambani-led Reliance Industries’ proposal to hike charges of gas it supplied to state-run power plants, India Against Corruption’s Arvind Kejriwal charged on Wednesday, demanding that the Krishna Godavari basin allotted to the company be taken back.
“Mukesh Ambani is running the country it seems,” Kejriwal told the media here. “Jaipal Reddy was removed as he refused to hike the charges levied by Reliance Industries to supply gas to the NTPC (National Thermal Power Corp).”
Reliance called the charges “irresponsible”.
According to Kejriwal, the KG basin was awarded to Reliance in 2000 by the NDA government when the company agreed to supply gas to the NTPC for the next 17 years at $2.34 per unit.
But, said Kejriwal, the company revised the rate to $4.25 per unit in 2007 which then finance minister Pranab Mukherjee agreed to as the head of an empowered group of ministers.
“The entire contract was meant to benefit Reliance because … the cost would be determined by the company, and if the cost increases, so will the profit,” he said, adding this was unheard of in business.
The company, he said, revised the rate to $4.2 per unit in 2007, which then finance minister Pranab Mukherjee agreed to as head of an empowered group of ministers, benefiting Reliance to the tune of Rs.10,000 crore.
Kejriwal alleged that in 2006 then petroleum minister Mani Shankar Iyer was removed and Murli Deora brought in to increase Reliance Industries’ capital expenditure from $2.39 billion to $8.8 billion, and to hike gas price from $2.34 per unit to $4.2 per unit.
Later, the company wanted the rate further hiked to $14.2. Jaipal Reddy, who reportedly did not agree to the proposal, was shunted out in Sunday’s cabinet rejig, said the activist-politician.
Kejriwal released to the media a “secret” document of the petroleum ministry that said that accepting the Reliance demand would generate for it an additional profit of Rs 43,000 crore ($8.5 billion).
“In order to pressurize the government, RIL substantially reduced its production of natural gas,” a statement from India Against Corruption said.
“Production has been artificially kept low to blackmail the government. They are not just hoarding the gas but also forcing various consumers to buy gas from abroad.”
When Reliance sought Prime Minister Manmohan Singh’s intervention, he asked the attorney general to find out if the gas prices should be hiked or not.
“Why did the PM not show similar concern when NTPC was forced to accept higher gas price from RIL? Why is the PM not pulling up Reliance for not producing gas as per their commitment? Why did the PM not seek legal opinion when the country’s interests were at stake?”
Kejriwal, who was flanked by fellow activists Prashant Bhushan and Manish Sisodia, demanded that Reliance Industries’ “blackmailing” should be immediately stopped.
“Their KG Basin contract should be cancelled. The government should immediately put in place adequate systems to get full production from KG Basin at the cheapest price for the country.”
The Bharatiya Janata Party (BJP) asked the prime minister to respond to IAC and explain why Jaipal Reddy was dropped from the petroleum ministry.
“Is it any malfunction in the ministry that has persuaded Manmohan Singh to effect this change? Or is that Jaipal Reddy was not found a ‘convenient’ minister? Or is this another example of corporate interests taking precedence over national good?” BJP leader Jaswant Singh asked.
After taking on Congress president Sonia Gandhi’s son-in-law Robert Vadra and BJP president Nitin Gadkari, anti-corruption activist-turned-politician Arvind Kejriwal on Wednesday charged Mukesh Ambani, India’s richest man and chairman of Reliance Industries Limited (RIL), with getting undue
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• Cong slams IAC over RIL allegations, questions source of funding
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• BJP to govt: Was Jaipal shifted to benefit RIL?
favours from the government over a contract to develop natural gas fields.
The allegations pertain to RIL’s D-6 block in the Krishna Godavari (KG) basin, India’s largest gas producing field off the eastern coast in Andhra Pradesh, which is being jointly developed by RIL and its partners, Britain’s BP and Canadian firm Niko Resources.
Kejriwal and his colleague, lawyer Prashant Bhushan, termed the deal a “classic case of crony capitalism” and said both the BJP-led National Democratic Alliance (NDA) and Congress-led UPA (United Progressive Alliance) governments were responsible for RIL getting this contract.
The contract, signed in 2000 by the then NDA government, according to Kejriwal, would rob the national exchequer of revenues to the tune of Rs. 45,000 crore if RIL’s demands for a higher price for its gas were met.
The government has not decided yet on a demand by RIL to raise the price of gas from the field to $14.25 per unit from $4.25, the subject of a long-running controversy.
In a brief statement, RIL dismissed the charges as being “devoid of any truth or substance”.
“Irresponsible allegations made by IAC at the behest of vested interests without basic understanding of the complexities of a project of this nature do not merit a response,” it added.
Petroleum minister Veerappa Moily refused to comment.
“I have better things to do,” he said.
“I don’t want to respond.”
The press conference also witnessed high drama when a Congress worker wanted to question Kejriwal, but was heckled by camerapersons and IAC volunteers, and forced to leave the venue.
Kejriwal based his attack on the government and RIL on the so-called ‘Radia tapes’, a collection of phone taps from between 2007 and 2009 in one of which someone thought to be former prime minister Atal Behari Vajpayee’s son-in-law Ranjan Bhattacharya is heard telling RIL and Tata Group’s corporate lobbyist Niira Radia that Ambani had told him that “Congress to apni dukaan hai”.
The unearthing of the Radia tapes had triggered accusations of corporate influence in the distribution of ministers’ portfolios in the UPA’s second term.
On Wednesday, Kejriwal gave this accusation fresh legs by linking Jaipal Reddy’s removal from the petroleum ministry on Sunday to his run-ins with RIL over the pricing of gas.
He also gave a populist spin to his allegations by linking the government’s restriction on the supply of cheap LPG cylinders to the public to the high profits being allowed to RIL.
“We want to know why the PM’s heart beats only for RIL. Why did he not seek the attorney general’s opinion when NTPC was not getting gas at cheap rates?” Kejriwal said.
State-run National Thermal Power Corporation (NTPC) had sought cheaper gas to fire its power plants.
* In 2006, Mani Shankar Iyer was removed and Murli Deora brought in to increase RIL capex from $ 2.39 billion to $ 8.8 billion and to increase gas price from $2.34 per mmBTU to $ 4.2 per mmBTU
* In 2012, Jaipal Reddy has been removed and Moily brought in to increase gas prices from $ 4.2 per mmBTU to $ 14.2 mmBTU and to condone RIL’s blackmailing of reducing gas production
* Both BJP and Congress involved. BJP signed a sweet deal with RIL in 2000. Congress faithfully implemented it
* If RIL demand of increasing the gas price to $ 14.2 is accepted, it would lead to shut down of several gas based power plants and increase in power and fertilizer prices
* By this deal, RIL would benefit by an additional Rs. 43,000 crore
* In Nira Radiia tapes, Ranjan Bhattacharya (Vajpayee’s son in law) is heard telling Nira that Mukesh Ambani told him –“Congress to ab apni dukaan hai”
* Huge benefits given to RIL in last one decade despite flagrant violations of various agreements by RIL. Benefits to RIL causing serious price rise in the country.
* “In order to pressurize the government, RIL substantially reduced its production of natural gas. Total consumption of natural gas in the country is 156 mmscmd. According to agreement, RIL was supposed to produce 80mmscmd (more than 50% of the total demand) from 2009.”
* “RIL got this contract during NDA regime in the year 2000. The contract was meant to favor RIL right from the beginning. In any business, increase in costs means decrease in profits.”
The IAC press release alleged that performance of RIL so far has been much worse than perhaps the worst performing government department.
1. 4 times cost escalation within 2 years from $ 2.39 billion in 2004 to $ 8.8 billion in 2006.
2. Increase in gas price from $ 2.34 per mmBTU in 2004 to $ 4.2 per mmBTU in 2007 to the present demand of $ 14.2 per mmBTU.
3. Capacity created for producing 80 mmscmd after incurring such a huge cost ends up producing just 27 mmscmd after 12 years.
4. 31 oil wells should have been in production till now. Out of them, just 13 are functional.
Kejriwal and lawyer Prashant Bhushan, a leading member of IAC, alleged the allocation of KG Basin to Reliance is on similar lines as coal block allocation scam. They alleged both Congress and BJP were in ‘Ambani’s pocket’.

 

REAL STORY OF Late DHIRUBHAI AMBANI of Reliance Industries
http://www.scribd.com/doc/3924530/Polyester-PrinceThe-Real-Story-of-Dhirubhai-AmbaniBanned-in-India  

Another Major Scam : Govt. Favours Reliance In KG Basin

The CAG draft report that nails the connivance between Government agencies and Reliance Industries Ltd. leading to huge losses to the Government exchequer is yet another example of the power of corporates in the UPA Government to subvert rules and regulations in their favour.
The CAG has noted that the former Director-General of Hydrocarbons (DGH) permitted Reliance to inflate its “development costs” on the gas extraction in the D6 block of KG basin from 2.47 billion dollars to a whopping 8.84 billion dollars. This money taken by RIL affected the revenues of the Government. Government should prosecute the former DGH without any delay.
The Government’s connivance with RIL has a direct impact on the aam aadmi because increased claims of development cost get reflected in the price of gas given to consumers and also affect the prices of fertilizer and power. Letters have been written to the Prime Minister to institute an independent enquiry into the complaint of artificial jacking up of the capital expenditure by RIL for D6 KG Basin and its hasty approval by the concerned authority to find out the actual cost before gas price is fixed.
In a repeat of the 2-G scam, the Prime Minister’s silence on the issue, has again exposed the UPA Government’s acquiescence to corporate manipulation.
Related posts:
1. The Great Billion Dollar Drug Scam
2. Supreme Snub : Court SIT A Major Embarrassment For Govt
3. Now A Petroleum Scam?
4. The -Reliance KG Gas Scam Prabir Purkayastha, Newsclick
5. Way to Rural Self Reliance: National Rural Livelihoods Mission (NRLM)
6. Demand For JPC On Spectrum Scam :Go Beyond Rhetoric
7. THE ADARSH SOCIETY SCAM A Shocking Exposure of Congress govt Venality – Ashok Dhawale
8. SUPREME COURT VERDICT ON KG BASIN GAS -Dipankar Mukherjee
9. AMBANIS ROW : GOVT HAS LAST WORD ON KG BASIN GAS PRICE : SC
10. POOL PRICING FOR KG BASIN GAS TO HARM ANDHRA PRADESH INTERESTS
11. PRODUCTION OF GAS IN KG BASIN
12. FINDINGS OF ICAI IN SATYAM SCAM CASE

 

Reliance Communications clears debt of Rs. 2,700 crore

Editorial   –   Telecom  Scams   RPG ,  Reliance  ………………

In spite  of  repeated  appeals   government  has  allowed   telecom   companies   to   swindle  public  exchequer.  Even   the   supreme   court  of   india   is  mum ,  not taking   appropriate   actions ,   why ?

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO…..  OF 2015

IN THE MATTER OF
NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Cabinet Secretary ( Telecommunications)  Government of  India & Others
….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , certain PIJF companies were previously found to be involved in illegal practices , CPIO of  DOT / BSNL is hiding information . Thereby , he is trying to shield criminals.

3. By this action CPIO of  DOT / BSNL  is  aiding criminals.

2. Question(s) of Law:
DOT / BSNL  has paid crores of  rupees to PIJF  Telecable manufacturers  towards  purchase of cables. The  money is from public exchequer , people’s money . That public money is swindled by  cable manufacturers with tacit support of DOT / BSNL officials. Why no prosecution of DOT / BSNL officials & cable manufacturers ? are they above law ?
3. Grounds:
Requests for equitable justice , Accountability for public money worth crores of rupees.
4. Averment:

Private companies in their greed for money  are violating norms  in league with public officials. They  have caused loss to the public exchequer.
Hereby , I do request the honorable supreme court of India to consider  this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none of them were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see how careless our judges are towards anti national crimes , crimes worth crores of rupees.  That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:
(i) Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

CORPORATE CRIMES RPG CABLES LIMITED

http://crimesatrpg.blogspot.com/   ,

http://crimesatrpg.wordpress.com/   ,

http://groups.yahoo.com/group/naghrw/message/218

Dated : 13th   June 2015                               FILED BY: NAGARAJA.M.R.

Place : Mysuru , India                                   PETITIONER-IN-PERSON

RTI  Appeal  Not  Answered  by  DOT /  BSNL  officials

To ,

Shri. L.K. Govil ,

GM (Coordination) & RTI  Appellate Authority ,

BSNL Corporate office ,

Room  No .27 , IR  Hall , Eastern  Court Complex ,

Jan Path Road , New Delhi – 110001.

APPEAL UNDER SEC 19 (3) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts.  They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the  forewarning of  Late Winston Churchill  has been proved right by  some of our  criminal , corrupt people’s representatives , police , public servants &  Judges.  Some of the below  mentioned  DOT officials  fall among the category of churchill’s men –  Rogues  , Rascals & Freebooters. To my previous RTI requests & appeals  they  tried covering – up crores worth  SCAM   by transferring application from one to the other at the end  by denying  information to me, Does not the DOT  possess  information with respect to  tenders given by it to suppliers. Is it not the duty of  DOT QUALITY Circle  to monitor  the supplies  from  suppliers ? Then who has got it ? why don’t you transfer the RTI application to that authority or  ask for  information from them ?

We salute honest few in public service , our whole hearted respects to them.  HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS.

M/s  Karnataka Telecables  Ltd , Mysore  renamed as  M/s RPG Telecom Ltd  again renamed as M/s  RPG Cables Ltd  once again renamed as M/s KEC International , Mysore  used to  manufacture  PIJF & OFC  telecables and  supplied  it  to  department of telecommunications , government of india , Indian Railways  and GAIL , PGCIL  of Ministry  of Petroleum .  DOT  used to pay  hundreds of crores of rupees from public exchequer to buy these cables .  There is also one more company by name M/s  Concepta  Cables Ltd , Mysore  belonging to the same industrial group  supplying  PIJF & OFC  telecables  to   DOT. As  a public , as a citizen of india  and  as a tax payer  I want  to know whether those crores of rupees from public exchequer are well spent.

1.      How many times the above said  companies were blacklisted by  DOT , Supreme Court of India  and other quasi judicial bodies , casewise ?

2.      What action taken by DOT & judicial bodies  against the above companies , casewise ?

3.      How many cable kms of cable  supplied by above companies ,  were rejected by  DOT  from the field yearwise , since 1986 ?

4.      Did the above companies replace all the cables rejected by DOT & make good  all the losses , yearwise ?

5.      If not , why ?

6.      What action taken by DOT , casewise ?

7.      How many cable kms of cables supplied by above companies  were  accepted on deviation  by  DOT  yearwise ? on what basis ?

8.      Has the DOT  authorised   usage of recycled  materials  in the manufacture of cables ?

9.      If yes , on what  basis ?

10.  Did  DOT  authorize  outsourcing  of cable manufacturing process  by  above  companies  to  third  parties , casewise ?

11.  How many cable kms of telecom cables  supplied by above companies  have failed  during usage  within the warranty  period , yearwise ?

12.  Did  the above companies  honour  warranty contract  in all such cases ?

13.  If not why , casewise ?

14.  What action by  DOT , casewise ?

15.  Who  maintains records  of  DOT / BSNL tenders  given out to Suppliers specifically with respect to tenders given to M/s Karnataka Telecables Ltd , M/s RPG Telecom Ltd , M/s RPG  Cables Ltd , M/s Concepta Cables Ltd  &  M/s KEC International Ltd ?

16. How may rejections / adverse reports , deviations found in the supplies made by above companies by DOT / BSNL Quality Circle ?

17. What action taken against BSNL / DOT officials who are trying to cover-up the scam inspite of my repeated appeals & RTI requests ?

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1995-2015 .

PUBLIC INFORMATION OFFICER  WHO FAILED  TO GIVE  INFORMATION :

CPIO , BSNL  HQ , New Delhi.

FEES PAID :  IPO 16G  733463  for rupees  TWENTY only

DATE :  28.03.2015 ……………..………………………NAGARAJA.M.R.

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

EX-MINISTER    SUKHRAM    CONVICTED    IN     1996    TELECOM    SCAM

Former Telecom Minister Sukhram in PV Narasimha Rao’s cabinet has been convicted for awarding a lucrative contract to a private telecom firm for supplying cables to the government at inflated rates after receiving a bribe of Rs3 lakh 15 years back.

Special Judge RP Pandey, who convicted 84-year-old Sukhram also on charges of misusing his official position in awarding the contract and causing loss to the state exchequer, is likely to decide on quantum of sentence to him tomorrow.

The corruption case dates back to 1996, when the Telecom Ministry under Sukhram’s stewardship had awarded private firm Haryana Telecom Limited (HTL) a contract worth Rs 30 crore to supply 3.5 Lakh Conductor Kilometers (LCKM) of Polythene Insulated Jelly Filled (PIJF) cables to the telecom department.

Sukhram had been put on trial along with HTL chairman Devinder Singh Choudhary who had died during the trial.

“Sukhram also obtained (illegal) gratification other than legal remunerations from Choudhary as a motive or reward for showing the favour to the said firm (HTL),” the judge said.

The court convicted Sukhram, brushing aside his defence counsel argument that had he caused a huge pecuniary gain to HTL, he would not have taken a paltry sum of Rs3 Lakh. The court termed the argument as “devoid of merit.”

“It is not the prosecution case that Sukhram got only this much amount in this deal which runs into crores of rupees. The prosecution case is that the amount of Rs3 lakh which was recovered from him was the bribe money.

“It is a matter of common knowledge that it is virtually impossible to get any direct evidence where both i.e bribe giver and the person who takes the bribe, worked in joint concert,” ASJ Pandey said in his 188-page order.

Convicting Sukhram, the judge said though there was no direct evidence to prove the existence of conspiracy between Sukhram and Choudhary, “it is a well-known fact that conspiracy is hatched in privacy and secrecy, for which direct evidence would be rarely available.”

“The facts and circumstances show that because of proximity of co-accused D S Choudhary (since expired) with Sukh Ram, M/s HTL was his most favoured vendor,” it said.

The court also refused to accept the argument of defence counsel that after the death of co-accused Choudhary, Sukhram cannot be convicted for conspiracy.

“His (Sukhram counsel’s) submission is without basis. It is suffice to say that death of an accused only abates the case against him which was pending but it does not mitigate the offence alleged to have been committed by him in concert with his co-accused,” the judge said.

The court noted that CBI had conducted search at the Himachal Pradesh residence of Sukhram from where it had recovered over Rs 1.16 crore.

The court said the note prepared by an official of the department on October 8, 1995 had mentioned the “precarious” position of HTL and another firm and it was proposed not to award it the contract to supply cables in excess of its ability.

But, despite that Sukhram had passed an order to give the contract to HTL for supplying additional cables, it added.

Reliance Jio Finalises Vendors, Partners for 4G Services Launch

‘Undue favour shown to Reliance Jio’

But the Mukesh Ambani-led company says that no rules were bent.

The Comptroller and Auditor General of India on Friday said Reliance Jio Infocomm got undue advantage of Rs. 3,367.29 crore after the Department of Telecom allowed it to provide voice calling services using BWA spectrum under the new licensing regime.

Infotel Broadband, which had won pan-India spectrum in the 2010 BWA spectrum auctions, was later acquired by the Mukesh Ambani-led Reliance Industries. While Infotel had outbid most of the telecom operators, being an internet service provider (ISP) its licensing conditions did not allow it to offer voice services on this spectrum.

In 2013, the Department of Telecom allowed migration of ISP licensees with BWA spectrum to unified licence that would enable them to provide voice services using BWA spectrum. In its report, the CAG said Reliance Jio was the first to “take benefit of this scheme.”

“Reliance Jio Infocomm Limited (formerly, M/s Infotel)… paid Unified License entry fee of Rs. 15 crore and additional migration fee of Rs. 1,658 crore in August 2013. This migration, allowed at prices discovered in 2001, resulted in undue advantage of Rs. 3,367.29 crore to M/s Reliance Jio Infocomm,” the CAG said in its report.

As per CAG calculations, the value of licence as on August 2013, would have been at least Rs. 5,025.29 crore.

“The decision to grant permission to an ISP licensee with BWA spectrum to operate in the voice telephony space also helped the ISP to circumvent the restrictions imposed by their licence at the time of auction, which were known to the ISP at the time of bidding for the BWA spectrum,” the auditor stated.

This was mainly because there was a lack of due diligence of in auction of spectrum.

Reliance Jio, however, denied the charges, saying, “we have acquired all our spectrum at market prices through open and transparent bidding processes, the conditions for which were same for all bidders. Further, the DoT rules for procuring the relevant licence for services using BWA spectrum too were the same for all successful bidders.”

Another spectrum scam hits govt, this time from ISRO

Pradeep Thakur | TNN | Feb 8, 2011, 12.10 AM IST

DELHI: Another spectrum scam has hit the UPA government which is already reeling from the fallout of allegations of corruption in the underpricing of 2G airwaves sold to telecom operators. On Monday, the government scrambled to cancel what appeared to be an improper deal where a private company would have got 70MHz of spectrum for just Rs 1,000 crore.

The scam involves the Bangalore-based Indian Space Research Organization and has a direct bearing on Prime Minister Manmohan Singh who holds charge of the department of space. Both BJP and Left parties were quick to demand an investigation, stressing Singh’s cabinet responsibility.

The beneficiary, Devas Multimedia, is in a joint venture with ISRO-affiliate Antrix to offer satellite broadband services on various platforms, including mobile telephony.

The government last year earned Rs 67,719 crore just by auctioning 15MHz of similar airwaves for 3G mobile services. It got another Rs 38,000 crore by auctioning spectrum for broadband wireless access services which some operators propose to use to launch 4G services.

The Isro spectrum can be used for providing mobile broadband services using 4G technologies such as WiMax and Long-Term Evolution.

If sold at the same price the government got for 15 MHz of 3G spectrum, the sale of ISRO spectrum could have significantly lowered the fiscal deficit estimated at Rs 3.8 lakh crore this year.

With the deal under attack, ISRO indicated it could be revoked shortly. In a statement, the department of space said, “The agreement entered into by Antrix with Devas is already under review by the department of space and the government will take whatever steps are necessary to safeguard public interest. A decision on the matter is likely to be taken soon.”

The agreement between Devas Multimedia, promoted by M G Chandrasekhar, a former secretary at department of space and ISRO’s Antrix was signed in January 2005. The private entity since offloaded 17% of its stake to Deutsche Telekom for $75 million and took on other investors. This is the same as private players buying 2G spectrum cheap and selling it for large profits.

The 70 MHz spectrum gives Devas multimedia an edge over competitors, a feature that was once used by Doordarshan to deliver programmes in remote areas through satellite. This is of bigger value to the other spectrum holders in telecom, considering its high speed and mobile communication features.

Devas Multimedia said it had not received any communication regarding the contract, from ISRO or Antrix or any other government agency. “We do not own any spectrum, and the services we provide will be based on satellite transponders leased from ISRO/Antrix, wherein both — the satellite and spectrum — belong to the space research organization,” said a company statement. It claimed the GSAT 6 satellite programme had approval from the Union cabinet and Space Commission for its services, and Devas was developing an innovative satellite system.

CAG issued a statement confirming it was probing the matter, but denied it had finalized an estimate of the loss to government.

Government sources said the process to scrap the deal was underway, having been initiated two months ago. Sources said ISRO chief K Radhakrishnan had written to the PMO demanding cancellation of the agreement on the ground that it favoured Devas Multimedia.
The controversial deal was signed under his predecessor, G Madhavan Nair. But this may not cushion the government against criticism for allowing the deal to go through in the first place.
No urgency was, however, shown to revoke the deal even after the law ministry raised serious concerns about the proposal, terming it “illegal”.
In a statement, CAG said, “Audit of certain activities of department of space is underway. Preliminary inquiries have been raised, which is yet to be replied by the department.”
A newspaper report that said the national auditor had raised objections to free allocation of scarce airwaves had the Opposition sharpening its attack on the government on corruption. Both BJP and Left demanded a probe, stressing the PM was directly responsible for functioning of the space department.

“Since the department of space is under the Prime Minister, he should immediately clarify his stand on the whole issue,” BJP spokesperson Nirmala Sitharaman said.

CAG urges DOT to cancel Pan India 4G spectrum held by Reliance Jio

Reliance Jio Finalises Vendors, Partners for 4G Services Launch

Comptroller & Auditor General of India in a draft report sent to the Department of Telecom for comments, said, “the DoT failed to recognise the tell-tale sign of rigging of the auction right from beginning of the auction” in which a small ISP, Infotel Broadband Services Pvt Ltd (IBSPL) emerged winner of pan-India broadband spectrum by paying 5,000 times of its net worth.

RIL, which acquired IBSPL within hours of it winning the spectrum and later renamed it Reliance Jio, said, “There is no final CAG report that we are aware of. That said we out rightly reject any suggestion whereby spectrum was acquired in any manner other than through a transparent bidding process duly supervised by Government of India.”

CAG report on Reliance Jio:

CAG says IBSPL, ranked 150th in the list of ISPs, submitted an earnest money deposit of Rs 252.50 crore through the covert and overt assistance of third party / private bank, bid for Rs 12,847.77 crore (5000 times of its net worth) for pan-India spectrum and then sold the company on the day of completion of the auction. This indicated IBSPL’s collusion and sharing of the confidential information with a third party in violation of auction conditions, said CAG.

RIL spokesperson said that as per NIA bidders were required to submit Bank Guarantee for desired amount as Earnest Money Deposit (EMD) along with its application. “EMD was based on specific deposit requirement for each telecom circle. Accordingly Infotel Broadband Services Pvt Ltd (IBSPL) submitted a Bank Guarantee of Rs 253 crore in format as prescribed in NIA. Since no money was deposited as EMD, the question of source of deposit does not arise,” RIL spokesperson said reports Outlook India .

According to CAG, due to inclusion of inadequate eligibility criterion for participation in the auction, the promoters of the IBSPL enriched themselves and made unfair gain.

CAG rejected DoT response that the eligibility criterion for participation in the auction was finalized after due diligence and on sector regulator TRAI’s recommendations saying it was department’s responsibility to ensure that only serious ISPs participated in the auction.

DoT in its response admitted that there was no eligibility criterion with respect to minimum net worth or paid up capital for participation in the auction.
The inter-ministerial committee did not satisfy itself as to how the IBSPL, a company with a net worth of Rs 2.5 crore, would be able to pay the bid amount of Rs 12,847.77 crore within ten days.

Reliance Jio’s response to CAG’s allegations:

Business line sent a questionnaire to Reliance Jio asking its views on the allegations made by CAG on its backdoor entry into voice services and rigging the BWA auctions in 2010. The response given by Rjio to CAG’s allegations has been presented in a tabulated form below.

2G spectrum scam

The 2G spectrum scam was an indian telecommunications scam and political scandal in which politicians and government officials under the Indian National Congress (Congress) coalition government undercharged mobile telephone companies for frequency allocation licenses, which they then used to create 2Gspectrum subscriptions for cell phones. The difference between the money collected and that mandated to be collected was estimated by the Comptroller and Auditor General of India at ₹1.76 trillion (US$26 billion), based on 2010 3G and BWA spectrum-auction prices.[1] In a chargesheet filed on 2 April 2011 by the Central Bureau of Investigation (CBI, the investigating agency), the loss was pegged at ₹309845.5 million(US$4.6 billion).[2] In a 19 August 2011 reply to the CBI, the Telecom Regulatory Authority of India (TRAI) said that the government had gained over ₹30 billion (US$440 million) by selling 2G spectrum.[2]Minister of Communications & ITKapil Sibal said in a 2011 press conference that “zero loss” was incurred by distributing 2G licenses on a first-come-first-served basis.[3]

On 2 February 2012, the Supreme Court of India ruled on a public interest litigation (PIL) related to the 2G spectrum scam. The court declared the allotment of spectrum “unconstitutional and arbitrary”, cancelling the 122 licenses issued in 2008 under A. Raja (Minister of Communications & IT from 2007 to 2009), the primary official accused.[4] According to the court, Raja “wanted to favour some companies at the cost of the public exchequer” and “virtually gifted away important national asset[s].”[5] The zero-loss theory was discredited[6] on 3 August 2012 when, after a Supreme Court directive, the government of India revised the base price for 5-MHz 2G spectrum auctions to ₹140 billion (US$2.1 billion), raising its value to about ₹28 billion(US$410 million) per MHz (near the Comptroller and Auditor General estimate of ₹33.5 billion (US$490 million) per MHz).[7][8]

Although the policy for awarding licences was first-come, first-served, Raja changed the rules so it applied to compliance with conditions instead of the application itself.[9] On 10 January 2008, companies were given only a few hours to supply Letters of Intent and payments; some executives were allegedly tipped off by Raja, and they (and the minister) were imprisoned.[9] In 2011 Time ranked the scam second on their “Top 10 Abuses of Power” list, behind the Watergate scandal.[10][11][12]

Background[edit]

India is divided into 22 telecommunications zones, with 281 zonal licenses.[13] In 2008, 122 new second-generation 2G Unified Access Service (UAS) licenses were granted to telecom companies on a first-come, first-served basis at the 2001 price. According to the CBI charge sheet, several laws were violated and bribes paid to favour certain firms in granting 2G spectrum licenses. According to a CAG audit, licenses were granted to ineligible corporations, those with no experience in the telecom sector (such as Unitech and Swan Telecom)[14] and those who had concealed relevant information.[15] Although former Prime MinisterManmohan Singh advised Raja to allot 2G spectrum transparently and revise the license fee in a November 2007 letter, Raja rejected many of Singh’s recommendations.[16] In another letter that month, the Ministry of Finance expressed procedural concerns to the DOT;[16] these were ignored, and the cut-off date was moved forward from 1 October 2007 to 25 September.[16] On 25 September, the DOT announced on its website that applicants filing between 3:30 and 4:30 pm that day would be granted licenses.[16] Although the corporation was ineligible, Swan Telecom was granted a license[14] for ₹15.37 billion (US$230 million) and sold a 45-percent share to the UAE-based Etisalat for ₹42 billion (US$620 million).[14] Unitech Wireless (a subsidiary of the Unitech Group) obtained a license for ₹16.61 billion (US$240 million), selling a 60-percent share for₹62 billion (US$910 million) to Norway-based Telenor.[14]

This is a list of companies who received 2G licenses during Raja’s term as telecom minister;[17][18] the licenses were later cancelled by the Supreme Court:[19][20]

Company

Telecom regions

# of licenses

Remarks

Adonis Projects Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh (East) 6 Adonis Projects, Nahan Properties, Aska Projects, Volga Properties, Azare Properties & Hudson Properties were acquired by Unitech. Since Unitech Infrastructure and Unitech Builders & Estates were subsidiaries of Unitech Group, in 2008 Unitech had 22 2G licenses. Later that year, Telenor bought a majority share in the telecom company from the Unitech Group and now provides service as Uninor with 22 licences.
Nahan Properties Assam, Bihar, North East, Orissa, Uttar Pradesh (east), West Bengal 6
Aska Projects Andhra Pradesh, Kerala, Karnataka 3
Volga Properties Gujarat, Madhya Pradesh, Maharashtra 3
Azure Properties Kolkata 1
Hudson Properties Delhi 1
Unitech Builders & Estates Tamil Nadu (including Chennai) 1
Unitech Infrastructures Mumbai 1
Loop Telecom Bihar, Gujarat, Himachal Pradesh, Kerala, Kolkata, Punjab, Rajasthan, Uttar Pradesh, West Bengal, Andhra Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Odisha(Orissa), Tamil Nadu (including Chennai), Assam, Jammu & Kashmir, Madhya Pradesh 21
Datacom Solutions Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Kolkata, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Tamil Nadu (including Chennai), Uttar Pradesh, West Bengal, Delhi, Mumbai 21 Operates as Videocon Telecom
Shyam Telelink Madhya Pradesh, Kerala, Kolkata, Punjab, Uttar Pradesh, West Bengal, Andhra Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Odisha, Tamil Nadu (including Chennai), Assam, Jammu & Kashmir, North East 17 Shyam Telelink & Shyani Telelink have a combined 21 licenses. In late 2008 Russia-basedSistema bought a majority share in the company, which now operates as MTS India.
Shyani Telelink Mumbai, Bihar, Gujarat, Himachal Pradesh 4
Swan Telecom Andhra Pradesh, Gujarat, Haryana, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan, Tamil Nadu (including Chennai), Uttar Pradesh, Delhi, Mumbai 13 Swan was a subsidiary of Reliance Telecom established to circumvent the one-company-one-license rule. In 2008, Swan merged with Allianz Infratech; late in the year Abu Dhabi’s Etisalat bought about 45 percent of the company, renaming it Etisalat DB Telecom.
Allianz Infratech Bihar, Madhya Pradesh 2
Idea Cellular Assam, Punjab, Karnataka, Jammu and Kashmir, North East, Kolkata, West Bengal, Odisha(Orissa), Tamil Nadu (including Chennai) 9 Since Idea Cellular bought Spice Communications in 2008 for ₹27 billion (US$400 million),[21]of the 122 spectrum licenses sold in 2008 Idea owns 13. Seven are in use by the company, and the remainder are overlapping licenses.[22]
Spice Communications Delhi, Andhra Pradesh, Haryana, Maharashtra 4
S Tel Assam, Jammu and Kashmir, Odisha(Orissa), North East, Bihar, Himachal Pradesh 6 In January 2009, Bahrain Telecommunications agreed to buy 49 percent of S Tel for $225 million. Chinnakannan Sivasankaran owns the remaining share.[23][24] In May 2009,Sahara Group bought an 11.7-percent share in S Tel.[25]
Tata Teleservices Jammu and Kashmir, Assam, North East 3 In late 2008 Tata sold a 26-percent share to the Japanese NTT DoCoMo for about₹130.7 billion (US$1.9 billion), or an enterprise value of ₹502.69 billion (US$7.4 billion).[26]

Accused parties[edit]

The selling of the licenses drew attention to three groups: politicians and bureaucrats, who had the authority to sell licenses; corporations buying the licenses, and professionals who mediated between the politicians and corporations.

Politicians[edit]

The following charges were filed by the CBI and the Directorate General of Income Tax Investigation in the Special CBI Court.[27][28][29][30]

A. Raja[edit]

·         Political career: Four-time DMK member of Parliament (present constituency Nilgiris, Tamil Nadu), former Union Minister of State for Rural Development (1999) and Health and Family Welfare (2003), former Union Cabinet Minister for Environment and Forests (2004) and Communication and Information Technology (2007 and 2009)[31][32][33][34]

·         Allegation: A joint investigative report by the CBI and the Income Tax Department alleged that Raja may have received a ₹30 billion (US$440 million) bribe for moving the cut-off date for spectrum applications forward.[35][36] The changed deadline eliminated many applications, enabling Raja to favour a few applicants.[35][36] The agencies also alleged that he used accounts in his wife’s name in Mauritius and Seychelles banks for the kickbacks.[37] A CBI charge sheet alleged that Raja conspired with the accused and arbitrarily refined the first-come, first-served policy to ensure that Swan and Unitech received licences.[38] Instead of auctioning 2G spectrum, he sold it at the 2001 rate.[38]

·         Charges: Criminal breach of trust by a public servant (section 409), criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under thePrevention of Corruption Act for accepting illegal gratification.[27][39][40]

·         Status: Arrested by the CBI on 2 February 2011.[41] Applied for bail on 9 May 2012,[42][43] which was granted on 15 May.[44][45][46] As of August 2012, his trial was underway in Special CBI Court.[47]

M. K. Kanimozhi[edit]

·         Political career: Daughter of five-time Chief Minister of Tamil NaduM. Karunanidhi. DMK member of Parliament, representing Tamil Nadu in the Rajya Sabha.[48][49]

·         Allegations: According to the CBI charge sheet, Kanimozhi owns 20 percent of family-owned Kalaignar TV; her stepmother, Dayalu Ammal, owns 60 percent of the channel.[50] The CBI alleges that Kanimozhi was the “active brain” behind the channel[50] and conspired with Raja to coerce DB Realty cofounder Shahid Balwa to funnel ₹2 billion (US$29 million) to Kalaignar TV.[51] Kanimozhi was in regular contact with Raja about the launch of Kalaignar TV.[51] Raja advanced the channel’s cause, facilitating its registration with the Ministry of Information and Broadcasting and adding it to DTH operator TATA Sky‘s lineup. Kanimozhi was charged with tax evasion by the Income Tax Department in Chennai.[51]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant and criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471), and booked under the Prevention of Corruption Act.[27][39]

·         Status: Arrested by the CBI on 20 May 2011.[52][53] Granted bail on 28 November 2011, after 188 days in custody.[54][55] As of August 2012, her trial was underway in Special CBI Court.[47]

Bureaucrats[edit]

A number of bureaucrats were named in the CBI charge sheet filed in its Special Court.[27][28][29][30]

Siddharth Behura[edit]

·         Position: Telecom Secretary when the licenses were granted.[27][56]

·         Allegations: According to the CBI charge sheet, Behura conspired with Raja and several others. When the application deadline time was declared, from 3:30 to 4:30 pm Behura closed counters to block other telecom companies.[14]

·         Charges: Criminal breach of trust by a public servant (Section 409), criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act for accepting illegal gratuities.[27][57]

·         Status: Arrested by the CBI on 2 February 2011[41] and granted bail on 9 May 2012,[58][59] as of August 2012 his trial was underway in Special CBI Court.[47] In a 10 July 2012 joint parliamentary committee deposition, Behura blamed Raja for most of the decisions related to 2G spectrum auctions.[60]

RK Chandolia[edit]

·         Position: Raja’s private secretary when the licenses were granted.[27][61]

·         Allegations: According to the CBI charge sheet Chandolia, like Behura, conspired with Raja and several others; when the application deadline time was declared from 3:30 to 4:30 pm, Chandolia joined Behura in shutting counters to physically block other telecom companies.[14]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120 B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 2 February 2011.[41] Although he was granted bail by the special CBI court on 1 December 2011, the following day the High Court took suo motu notice of newspaper reports of the bail and stayed it.[62] Chandolia appealed to the Supreme Court, and on 9 May 2012 the court upheld the bail grant.[63] As of August 2012, his trial was underway in Special CBI Court.[47]

Executives[edit]

A number of executives were accused in the CBI charge sheet.[27][28][29][30]

Sanjay Chandra[edit]

·         Position: Former Unitech Wireless managing director[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Allegations: Former CBI prosecutor AK Singh was implicated in a taped conversation sharing legal strategy and privileged information with Chandra.[64][65]

·         Status: Arrested by the CBI on 20 April 2011[66][67] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Gautam Doshi[edit]

·         Position: Managing director, Reliance Anil Dhirubhai Ambani Group[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 April 2011[66] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Hari Nair[edit]

·         Position: Senior vice-president, Reliance Anil Dhirubhai Ambani Group[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 April 2011[66] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Surendra Pipara[edit]

·         Position: Senior vice-president, Reliance Anil Dhirubhai Ambani Group[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 April 2011[66] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Vinod Goenka[edit]

·         Position: Managing director, DB Realty and Swan Telecom[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120 B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 April 2011[66] and granted bail on 24 November,[68] as of August 2012 his trial was underway in Special CBI Court.[47]

Shahid Balwa[edit]

·         PositionCorporate promoter, DB Realty and Swan Telecom[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 8 February 2011[69] and granted bail on 29 November,[70] as of August 2012 his trial was underway in Special CBI Court.[47]

Asif Balwa[edit]

·         Position: Director, Kusegaon Fruits and Vegetables[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 29 March 2011[71] and granted bail on 28 November,[72] as of August 2012 his trial was underway in Special CBI Court.[47]

Rajiv Agarwal[edit]

·         Position: Director, Kusegaon Fruits and Vegetables[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 29 March 2011[71] and granted bail on 28 November,[72] as of August 2012 his trial was underway in Special CBI Court.[47]

Sharath Kumar[edit]

·         Position: Managing director, Kalaignar TV[27]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 20 May 2011[73] and granted bail on 28 November 2011,[74] as of August 2012 his trial was underway in Special CBI Court.[47]

Ravi Ruia[edit]

·         Position: Vice-chair, Essar Group[75][76]

·         Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420)[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

Anshuman Ruia[edit]

·         Position: Director, Essar Group[75][76]

·         Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420).[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

Vikas Saraf[edit]

·         Position: Director of strategy and planning, Essar Group[75][76]

·         Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420 of the Indian Penal Code)[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

IP Khaitan[edit]

·         Position: Corporate promoter, Loop Telecom[75][76]

·         Charges: Criminal conspiracy under (Section 120 B) and cheating (Section 420)[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

Kiran Khaitan[edit]

·         Position: Corporate promoter, Loop Telecom[75][76]

·         Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420)[75][76]

·         Status: At large;[77] as of August 2012, his trial was underway in Special CBI Court.[47]

Karim Morani[edit]

·         Position: Corporate promoter and director, Cineyug Films[27]

·         Allegations: According to the Income Tax Department charge sheet, Morani-owned Cineyug Films was a part of the route used by Shahid Balwa to funnel[78] ₹2 billion (US$29 million) illegally to Kalaignar TV.[78] DB Realty corporate promoters Shahid Balwa and Vinod Goenka transferred ₹2092.5 million (US$31 million) to Kusegaon Fruits and Vegetables, where Balwa’s younger brother Asif was a director.[78][79] Kusegaon then transferred ₹2 billion (US$29 million) to Cineyug Films, and Morani transferred it to Kalaignar TV.[78]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[27]

·         Status: Arrested by the CBI on 30 May 2011[80] and granted bail on 28 November,[74] as of August 2012 his trial was underway in Special CBI Court.[47]

Corporations[edit]

Several companies were named in the CBI charge sheet.[27][28][29][30]

Unitech Wireless[edit]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471) [27]

·         Status: As of August 2012, trial underway in Special CBI Court.[47]

Reliance Telecom[edit]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B) and cheating (Section 420)[27]

·         Status: As of August 2012, trial was underway in Special CBI Court.[47]

Swan Telecom[edit]

·         Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B) and cheating (Section 420)[27]

·         Status: As of August 2012, trial underway in Special CBI Court.[47]

Other companies named in the charge sheet were:[81][82][83]

·         Loop Telecom

·         Loop Mobile India

·         Essar Tele Holding

·         Essar Group (corporate parent of Essar Tele Holding)

Media role[edit]

Main article: Radia tapes controversy

OPEN and Outlook reported that journalists Barkha Dutt (editor of NDTV) and Vir Sanghvi (editorial director of the Hindustan Times) knew that corporate lobbyist Nira Radia influenced Raja’s appointment as telecom minister,[84] publicising Radia’s phone conversations with Dutt and Sanghvi[85][86] when Radia’s phone was tapped by the Income Tax Department. According to critics, Dutt and Sanghvi knew about the link between the government and the media industry but delayed reporting the corruption.[84]

Licence cancellations[edit]

On 2 February 2012 the Supreme Court ruled on petitions filed by Subramanian Swamy and the Centre for Public Interest Litigation (CPIL) represented by Prashant Bhushan, challenging the 2008 allotment of 2G licenses,[207] cancelling all 122 spectrum licences granted during Raja’s term as communications minister.[207] and described the allocation of 2G spectrum as “unconstitutional and arbitrary”.[208] The bench of GS Singhvi and Asok Kumar Ganguly imposed a fine of ₹50 million (US$740,000) on Unitech Wireless, Swan Telecom and Tata Teleservices and a ₹5 million (US$74,000) fine on Loop TelecomS Tel, Allianz Infratech and Sistema Shyam Tele Services.[4] According to the ruling the current licences would remain in place for four months, after which time the government would reissue the licences.[209]

In its ruling the court said that former telecom minister A. Raja “wanted to favour some companies at the cost of the public exchequer”, listing seven steps he took to ensure this:[4][210]

1.     After becoming telecom minister, Raja directed that all applications for spectrum licences would be held pending Telecom Regulatory Authority of India recommendations.[4][210]

2.     The 28 August 2007 TRAI recommendations were not presented to the full Telecom Commission, which would have included the finance secretary. Although the TRAI recommendations for allocation of 2G spectrum had serious financial implications (and finance ministry input was required under the Government of India Transaction of Business Rules, 1961), Telecom Commission non-permanent members were not notified of the meeting.[4][210]

3.     The DoT officers attending the 10 October 2007 Telecom Commission meeting were coerced into approving the TRAI recommendations, or they would have “incurred” Raja’s “wrath”.[4][210]

4.     Since the Cabinet had approved the Group of Ministers recommendations, the DoT had to discuss the issue of spectrum pricing with the finance ministry. However, Raja did not consult the finance minister or other officials because the finance secretary had objected to allocating 2G spectrum at 2001 rates.[4][210]

5.     Raja dismissed the law minister’s suggestion that the issue should be presented to the Group of Ministers. After receiving the PM’s 2 November 2007 letter suggesting transparency in spectrum allocation of the spectrum, Raja said it would be unfair, discriminatory, arbitrary and capricious to auction spectrum to new applicants because it would not give them a level playing field. Although a 24 September DoT press release said that 1 October would be the application deadline, he changed the deadline to 25 September. Raja’s arbitrary action, “though appear[ing] to be innocuous was actually intended to benefit some of the real estate firms who did not have any experience in dealing with telecom services and who had made applications only on 24 September 2007, i.e. one day before the cut-off date fixed by the C&IT minister on his own”.[4][210]

6.     The 25 September cut-off date decided by Raja on 2 November was not made public until a 10 January 2008 press release in which he changed the first-come, first-served principle which had been in operation since 2003. “This enabled some of the applicants, who had access either to the minister or DoT officers, get bank drafts prepared towards performance guarantee of about Rs 16 billion”.[4][210]

7.     “The manner in which the exercise for grant of LoIs to the applicants was conducted on 10 January 2008 leaves no room for doubt that everything was stage managed to favour those who were able to know in advance change in the implementation of the first-come-first-served policy.” As a result, some companies who had submitted applications in 2004 or 2006 were pushed down the list in favour of those who had applied in August and September 2007.[4][210]

Companies affected by cancellations[edit]

The table below lists the companies whose license were cancelled.[211][212]

Company

Parent company

# of licences cancelled

Uninor Joint venture of Unitech Group of India and Telenor of Norway Unitech Group 22
Sistema Shyam TeleServices Limited, now MTS India Joint venture of the Shyam Group of India and Sistema of Russia 21
Loop Mobile (formerly BPL Mobile) Khaitan Holding Group 21
Videocon Telecom Videocon 21
Etisalat-DB Joint venture of Swan Telecom of India and Etisalat of the UAE 15
Idea Cellular Aditya Birla Group (49.05%), Axiata (Malaysia, 15%) & Providence Equity Partners (U.S., 10.6%) 13
S Tel Joint venture of C Sivasankaran of India and Batelco of Bahrain. After the Supreme Court ruling, Batelco sold its 42.7% share to Sivasankaran-owned Sky City Foundation for 65.8 million Bahraini dinar ($174.5 million).[213][214][215] 6
Tata Teleservices Tata Group 3

Aftermath[edit]

See also: Uninor controversies

In addition to Batelco’s exit, on 21 February 2012 Telenor (the majority shareholder in Uninor) terminated its agreement with Unitech and sued it for “indemnity and compensation”.[216][217][218] On 23 February 2012, Etisalat of Etasalat-DB Telecom sued DB Realty corporate promoters Shahid Balwa and Vinod Goenka for fraud and misrepresentation.[219][220][221]

Aircel-Maxis deal controversy[edit]

See also: C SivasankaranDayanidhi MaranT Ananda Krishnan, and Maxis Communications

On 6 June 2011 former Aircel chief C. Sivasankaran complained to the CBI about not receiving a telecom licence and being forced by telecom minister Dayanidhi Maran to sell Aircel to the Malaysia-based Maxis Communications group, owned by T. Ananda Krishnan. The licences were allegedly issued after the deal was made. Sivasankaran also alleged that brothers Dayanidhi and Kalanithi Maran received kickbacks in the form of investments by the Maxis group through the Astro network in Sun TV Network, owned by the Maran family.[145][146][147] In the wake of the allegations, Maran resigned on 7 July.[222]

On 10 October, the CBI registered a case and raided properties owned by the Marans. CBI sources said that although no evidence of coercion was found in the Aircel sale, they found substantial evidence that Maran had favoured the company’s takeover by Maxis and deliberately delayed Sivasankar’s files.[145][146][147] On 8 February 2012, the Enforcement Directorate registered a money-laundering case against the Maran brothers[182] for allegedly receiving illegal compensation of about ₹5.5 billion in the Aircel-Maxis deal.[183]

During the CBI probe Sivasankaran said that the Maran brothers had forced him to sell his 74% share in Aircel to Maxis by threatening his life, giving the CBI a list of over 10 witnesses. In September 2012, the CBI said it finished its Indian investigation and was awaiting the response to a letter rogatory sent to Malaysia and a questionnaire from T. Ananda Krishnan before filing a chargesheet.[223] On 29 August 2014, the CBI filed a chargesheet against Dayanidhi Maran, his brother Kalanithi Maran, Malaysian businessman T Ananda Krishnan, Malaysian national Augustus Ralph Marshall, six others and four firms — Sun Direct TV Pvt Ltd, Maxis Communication Berhad, Astro All Asia Network PLC and South Asia Entertainment Holding Ltd as accused in the case.[224] On 29 October 2014, special CBI judge OP Saini said that he found enough evidence to proceed with the prosecution and hence summoned former telecom minister Dayanidhi Maran and others as accused.[225] Based on the CBI chargesheet, the Enforcement Directorate (ED) on 1 April 2015, attached Maran brothers’ properties worth Rs 742 crore.[226]

Subramanian Swamy alleged that in 2006 a company controlled by Karti Chidambaram, the son of Minister of FinanceP. Chidambaram, received a five-percent share of Aircel to get part of₹40 billion paid by Maxis Communications for the 74-percent share of Aircel. According to Swamy, Chidambaram withheld Foreign Investment Promotion Board clearance of the deal until his son received the five-percent share in Siva’s company.[227] The issue was raised a number of times in Parliament by the opposition, which demanded Chidambaram’s resignation.[228]Although he and the government denied the allegations,[229]The Pioneer and India Today reported the existence of documents showing that Chidambaram delayed approval of the foreign direct investment proposal by about seven months.[227][230][231]

Response to scam[edit]

When Indian media began citing the CAG report identifying the loss at ₹1.76 trillion (short scale), the Indian opposition parties unanimously demanded the formation of a joint parliamentary committee to investigate the scam.[232][233] Although the government rejected their demand,[233] when the winter session of Parliament began on 9 November 2010 the opposition again pressed for a JPC; again, their demand was rejected.[233] The demand for a JPC gained further momentum when the CAG report was tabled in Parliament on 16 November 2010.[234] The opposition blocked the proceedings, again pressing for a JPC;[235] the government again rejected their demand, creating an impasse.[236]Speaker of the Lok SabhaMeira Kumarunsuccessfully attempted to resolve the impasse.[237] The winter session of Parliament concluded on 13 December 2010. Although 22 new bills were planned to be introduced, 23 pending bills passed and three bills withdrawn, Parliament functioned for only nine hours.[238] On 22 February 2011, after resisting opposition demands for over three months, the government announced that it would form a JPC.[239] The JPC criticised the CBI for its leniency to the PM, the Attorney General, Dayanidhi Maran and Chidambaram and its reluctance to investigate their roles on 24 July 2012.[240] After questioning former telecom minister Dayanidhi Maran, his brother Kalanithi and the head of Maxis Communications, the CBI alleged that the Maran brothers accrued an illegal ₹5.50 billion by the sale of Sun Direct TV shares at highly “inflated prices”.[241]

In early November 2010 Jayalalithaa accused state chief minister M Karunanidhi of protecting Raja from corruption charges, calling for Raja’s resignation.[242] By mid-November, Raja resigned.[243] At that time, comptroller Vinod Rai issued show-cause notices to Unitech, S Tel, Loop Mobile, Datacom (Videocon) and Etisalat to respond to his assertion that the 85 licenses granted to these companies did not have the capital required at application or were otherwise illegal.[244] It was speculated that because these companies provide some consumer service, they would receive large fines but retain their licenses.[244]

In June 2011 Prime Minister Manmohan Singh criticised the CAG for commenting on policy issues, warning it “to limit the office to the role defined in the constitution.”[245] After Singh’s criticism the CAG conducted a “rigorous internal appraisal” and stood by its findings, citing additional events as corroboration. The CAG reiterated that there was “an undeniable loss to the exchequer”, the calculation of which was based on three estimates: the 3G auctions and the Swan and Unitech transactions. It cited the Supreme Court ruling of 2 February 2012 that the actions of Raja and officers at the Department of Telecom were “wholly arbitrary, capricious and contrary to the public interest, apart from being violative of the doctrine of equality. The material produced for the quote showed that the Minister for C&IT wanted to favour some companies at the cost of the public exchequer.” It said its estimate of loss of 1.76-lakh crore was justified, since the May 2012 TRAI collation of reserve prices for 2G spectrum was about the same as that in the November 2010 CAG report. TRAI had recommended a reserve price for 2G spectrum of ₹180 billion for a pan-India 5 MHz licence, higher than the 3G value of ₹167.50 billion for 5 MHz used by the CAG for arriving at a loss figure of ₹1,760 billion. It concluded that it was only examining the “implementation of policy”, and policy-making was the government’s prerogative.[246]

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November 16, 2016

Judges Sex Crime Cover-ups

Filed under: Uncategorized — Nagaraja M R @ 9:48 am

S.O.S   e – Clarion  Of  Dalit  –  Weekly  Newspaper  On  Web 

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.7 issue.48… .27/11/2013

 

 

JUDGES , SEX  &  CRIME  COVER-Ups

 

Now days  we are  seeing   frequent  reports   of  Judges  involvement  in  crimes  , sexual assaults  , misuse of office , etc  in the media.  They  are  hushing  up  , covering  up  those  crimes  by misusing  their  power , enormous  clout.  Legal  Immunity  applies  only  to  their  official  actions  but  not  to their  actions  as individuals  , their  criminal  actions.  These  guilty  public  servants  cunningly  intertwine  their  official  &  personal  actions  to  escape  legal  prosecution  , in  this  backdrop   to  bring  out  the  wrong  ,  illegal  work  practices  of  public  servants , judges , police  I  have raised  basic  questions   about  their  work  practices  in  public  interest.  Till date  the  guilty  public  servants  have   not  given  their  full  replies  at  all  ,  as  they  have  much  to  hide  than  to  reveal.

 

Once again   I  am  raising  those  questions  to  Honourable  Chief  Justice  of  India  to  answer  at  the  earliest   in  public  interest :

 

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA

Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.

1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

2) What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

3) What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

5) Are the privileges defined & codified ?

6) Are these privileges above freedom of the press ?

7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ?

14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

22) What is the criteria for admitting a P.I.L. & giving free legal aid ?

23) Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

 

FIRST APPEAL UNDER SEC 19 (1) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 )

 

CPIO , DG& IGP , BANGALORE     Reference No : 1053/RTI/SP(PRO)/2012/RPAD  dated 13.09.2012 

CPIO , CMO , BANGALORE        Reference No : CM/622/RTI/2012 dated 07.09.2012 

CPIO , RAJBHAWAN , BANGALORE    Reference No : GS 165 RTI 2012 dated 03.09.2012

CPIO , UNION HOME MINISTRY , GOI , NEW DELHI  Reference No : Dy.No.121805/DS/CS/2012-CSR.III  dated 12.09.2012 

 

CPIO , RAJYASABHA , NEW DELHI    Reference  No.RS/2(458)/2012-RTI  dated 17.09.2012 

 

CPIO , LOKSABHA , NEW DELHI  Reference No : 1 (979) / IC/12  dated 24.08.2012  and  No.1 (1030) / IC / 12  dated 03.09.2012 

CPIO , RASHTRAPATHI BHAWAN , NEW DELHI  Reference No: 955/RTI/08/12-13 dated 29.08.2012 

CPIO , SUPREME COURT OF INDIA , NEW DELHI , NO REPLY

 

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

 

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 

RTI  First Appeal Made to  First Appellate Authorities

 

RTI APPELLATE AUTHORITY , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

 

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :

 

The concerned  CPIO  has failed to provide information to me , thereby he is shielding the criminals , anti nationals. In turn CPIO himself has committed crimes. It goes to prove the existence of Criminal Nexus between CRIMINALS  –  CORRUPT PUBLIC SERVANTS  –  CORRUPT POLITICIANS.

 

HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS  AT  :

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police 

 

Hereby ,  we  do request  PIO O/O  Honourable Chief Justice of India  , PIO , O/O H.E.Honorable President of India , PIO O/O Honorable Speaker of Lok Sabha , PIO O/O Dy Chairman of Rajya Sabha , PIOs of  Karnataka Raj Bhawan , Karnataka CMO , Union Home Ministry GOI  and  DG & IG of Police of Government of Karnataka to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police.

 

Main  A :

You have not taken appropriate action to my previous RTI requests , Numerous appeals for justice & police complaints. You have not replied to show-cause notice also. Your inaction has helped the criminals in manipulating & destroying evidences.

 

Your inaction / delay in performing your duties not only amounts to denial of information , but  amounts to violation of our fundamental & human rights , cover-up of crimes , aiding & abetting criminals . The criminal nexus tried to silence me in many ways. Is not these acts of your’s  a crime in itself ?

 

If your acts of crime cover-ups  , information / evidence cover-ups , aiding & abetting criminals , silencing a crusader  is just & legal. The same type of acts of crimes  performed by other citizens will also be legal ?

 

Main  B :

At the outset , we express our whole hearted respects to all constitutional institutions &  to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.

 

1.                  does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting  legal ?

2.                  why transparent , fair investigation is not done in such cases ?

3.                  just remember , the  vulgar acts of Mr.Bora Babu Singh in state legislature & how some  MLAs   vulgarly behaved with Ms.Jayalalita  in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs  legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?

4.                  all the people’s representatives from panchayath member to president of India must read ABCD  Of Democracy  provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?

5.                  is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?

6.                  how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?

7.                  are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?

8.                  what legal action taken against violators , defaulters , for giving false affidavits ?

9.                  who is checking the authenticity of those affidavits submitted by MPs , MLAs ?

10.              the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

 

Main  C :

1.                  we do once again offer  our conditional services to the government of india , all state governments & supreme court of india , in apprehending  tax evaders , land grabbers , corrupt police , corrupt judges , corrupt  public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready  to utilize our service ? are they afraid of being caught ?

2.                  the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?

3.                  why no proper , timely action was not taken based on numerous police complaints made by us ?

4.                  why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?

5.                  the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights  commission  has failed to undo the injustices , why ? is it because it is not a high profile case  ? is it because it  is not hi-fi , does not get image ratings , TRPs ?

6.                  the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?

7.                  how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission  to supreme court of India till date ? what action taken with respect to each complaint ?

8.                  the delay in taking action by public servants  with respect to following cases has resulted in  more crimes , destruction / manipulation of evidences , records  and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?

 

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-…
DEALS IN COURTS  &  POLICE  STATIONS   READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate  ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html  ,

ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of…
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of…

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/  ,
http://crimeatinfy.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/  ,
http://bdacrimes.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/  ,
http://landscam.wordpress.com/   ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/  ,
http://theftinrbi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/  ,
http://deathcola.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/201

HONOR OF INDIAN PALIAMENT FOR SALE

http://sites.google.com/site/eclarionofdalit/honor-of-indian-parliament-for-sale

Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani  on hunger strike in anantapur  district jail Andhra Pradesh

http://sites.google.com/site/eclarionofdalit/persecuted-irom-sharmila-of-puttaparthi-ap

 

 

9.                  how many judges are caught by authorities for doing improper , immoral & illegal acts , since independence till date ? what action taken in each case ?

10.              what action taken against copy cat judges caught red handed while copying in public examination in Andhra Pradesh ?

11.              have you reviewed all the previous judicial decisions  taken by such judges of doubtful integrity & honesty ?

12.              is it not the duty of government & supreme court of India , to protect  the fundamental rights & human rights of all Indian citizens ?

13.              why the government & supreme court of India has failed to protect the fundamental rights & human rights of  me  & those mentioned in my complaint ?

14.              how many former CJIs  ,  supreme court & high court judges have disproportionate wealth ?

15.              Your denial of information to my previous RTI requests  amounts to suppression of evidence , hiding crimes , what action against erring public servants ?

16.              why my previous RTI requests or part  there of was not transferred to appropriate authorities and information given to me in a consolidated form ?

 

 Main   D  :


Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?

Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?

Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it’s national security ?

Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

Q 172 . What action  has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?

Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official  Mr. Anderson to escape law , to jump bail  & flee the country without court’s permission ?

Q 174 . What action has been taken against the above said guilty with respect to their contempt of court  & for aiding a criminal to escape ?

Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ?  what action has been taken against the CJI who  became an official of the  trust belonging to the criminal ?

Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?

Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?

Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?

Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t  press for the extradition of the criminal Mr.Anderson , for  producing the criminal accussed no.1 before the trial court ?

Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of  thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?

Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt  labour / pollution control board officials  HUMAN BEINGS ?
Q  182    Why  police are  not registering my complaint   against  CJI & other VVIPS ,Even after years ?
Q   183   don’t the  police of vijayanagar police station mysore have legal  jurisdiction  to register  the case  against these VVIPs ? or  just  because the criminals happens to be VVIPs  ,they  are  not booked  by police? If the  said  police don’t have  legal jurisdiction to book  these VVIPs , they should have  transferred the complaint  to  those authorities who have jurisdiction &   authority to book  & prosecute   these  VVIPs , but not done  so , why ?
Q  184  are not all these actions , of  VVIPs & police amounting to  cover up of crimes & criminals ? are  not  these cover ups itself is a crime ?
Q  185.  Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals  for justice  concerning public welfare , national security  sent  through  post , e-mail  to supreme court of india are not admitted as Public interest litigation , why ?  does  not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186   Are not  the honourable chief justice of india  together  with the jurisdictional police & Revenue district magistrate  responsible  to protect  the  fundamental & human rights  of people ?  why the CJI , Mysore DC & Jurisdictional Police  have failed to protect the fundamental & human rights of  people  including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus  Honourable CJI , Mysore revenue district magistrate & jurisdictional police  are  together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet  – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station  , mysore  will be responsible .

These corrupt  parasites will feel  , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In  whose  Court of justice  MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

 

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2012 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

 

PUBLIC INFORMATION OFFICERs who failed to provide information and shielding criminals ,  anti nationals :

1. PIO , O/O Honorable Chief Justice of India , Supreme Court of India , New Delhi.

2. PIO , O/O  H.E.Honorable President of India , Rashtrapathi Bhawan , New Delhi.

3. PIO O/O Honorable Speaker of Lok Sabha , GOI , New Delhi.

4. PIO O/O Dy Chairman of Rajya Sabha , GOI , New Delhi.

5. PIO , O/O Union Home Minister ,GOI , New Delhi.

6. PIO , O/O H.E.Honorable Governor of Karnataka , Raj Bhawan , Bangalore.

7. PIO , O/O Honorable Chief Minister of Karnataka , CMO , Bangalore.

8. PIO , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

 

Fees Paid :

1.                  IPO 08F 429306 for rupees ten only.

2.                  IPO  08F 429307 for rupees ten only.

3.                  IPO 08F 429308 for rupees ten only.

4.                  IPO 08F 429309 for rupees ten only.

5.                  IPO  08F 429310 for rupees ten only.

6.                  IPO 08F 430701   for rupees ten only .

7.                  IPO  08F 430702 for rupees ten only .

8.                  IPO  08F 430703 for rupees ten only. 

 

Enclosed :

1.                  Police Complaint dated 20.08.2012

2.                  Show Cause Notice Dated 20.08.2012

3.                  ABCD Lesson of Democracy.

 

DATE :  02.10.2012 ……………..………………………NAGARAJA.M.R.

 

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

 

Editorial : Hang  Rapist  Judges  to  Lamp  Posts  –  JUDGES & SEXUAL CRIMES

 

At the outset , we express our whole hearted respects to the honest few public servants

in public service including judiciary & Police. However, the corrupt in public service don’t deserve

respect as individuals – as they are parasites in our legal system. Still we respect the

chairs they occupy but not the corrupt individuals.

All the following articles / issues , past cases of sexual assaults on women by judges (hushed up ?) , whole articles published in the weblinks mentioned

below forms part of this appeal. The term “JUDGE” mentioned throught includes all public

servants discharging judicial functions right from taluk magistrates , quasi-judicial

officers to Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME.

The persons who raise their voice seeking justice are silenced in many ways. The

criminal nexus has already attempted to silence me in many ways . If anything untoward

happens to me or to my family members , my dependents , Honourable Chief Justice of

India together with jurisdictional police officer will be responsible for it.

Hereby, we do once again offer our conditional services to the honourable supreme court

of India & other government authorities, in apprehending criminals including corrupt

judges & police. Herewith , we once again appeal to the honourable supreme court of

India , to consider this as a PIL Appeal in public interest.

Consider the cases of sexual assault by JUDGES , POLICE on women . The JUDGES

have legal immunity with respect to their official duties, official actions but not their

individual actions amounting to CRIMES.

The public servants & the government must be role models in law abiding acts , for others

to emulate & follow. if a student makes a mistake it is excusable & can be corrected by

the teacher. if the teacher himself makes a mistake , all his students will do the same

mistake. if a thief steals , he can be caught , legally punished & reformed . if a police

himself commits crime , many thieves go scot- free under his patronage. even if a police ,

public servant commits a crime , he can be legally prosecuted & justice can be sought by

the aggrieved. just think , if a judge himself that too of apex court of the land itself

commits crime – violations of RTI Act , constitutional rights & human rights of public and

obstructs the public from performing their constitutional fundamental duties , what

happens ? it gives a booster dose to the rich & mighty , those in power , criminals in

public service to committ more crimes. that is exactly what is happenning in india. the

educated public must raise to the occassion & peacefully , democratically must oppose

this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

 

Hereby , we request the honourable court to reopen all hushed up old cases of sexual assault involving judges  and to punish the guilty judges.

 

Read Is CHIEF JUSTICE OF INDIA above LAW ???

https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law  ,

 

Law student sexually harassed by ex-Supreme Court judge:  case is not unique, but speaking out is nearly impossible

 

http://www.legallyindia.com/201311114099/Interviews/sexual-harassment-supreme-court-is-common  ,

 

In India , corruption , favouritism is prevalent in all recriutment / selection processes. The selection is made on bribe , caste , religion but definitely NOT on the basis of Merit & Integrity. The selection to the posts of even Supreme court Judges , quasi judicial officers like district magistrates , taluk magistrates , police , etc is  not above board. For example  we have recently seen the  illegalities  in KPSC  interviews selecting  gazetted officers  to government of karnataka service. These tainted , ineligible unfit  waste body candidates who get selected as  judges , police through devious means  sell their judicial orders , executive orders , police orders for a price. The denotfications of government lands , etc  as in the case of Mysore  DC  Vastrad , as in the case of Neglect of Hebbal  Lake &, BEML Quarters Lake Encroachment by DC Manivannan , as in the case of Land irregularities by Bangalore DC Aiyyappa , changing the penal clause  of penal  charges to favour the criminal  as in the case of  union carbide’s warren Anderson from mass murder to  improper management of the facility ,  as in the case of Sanjay dutt  from TADA charges to illegal possession of arms  , etc.  The police for a price fix innocents , file B reports  favouring the criminals to close the case ,  prefer not to file an appeal in the  higher court , etc. As in the case of Bofors , as in the case of past SP  of chamarajanagar Puttaswamy taking bribe from a granite quarry owner  for filing B-report in a case. Disgracefully , recently a judge  tainted in  MYSORE  ROOST  RESORT  SEX  SCANDAL  was  promoted  as  a  supreme court  judge. What Justice common folk can expect from these corrupt bodies ? They turn illegalities into legal issues by their orders. These CORRUPT  Judges , Police , District Magistrates , Taluk Magistrates are doing more damage to India’s  Unity & Integrity  than the  Naxalites & Terrorists. These corrupt public servants must be put behind bars together with terrorists & naxalites. Let the sense prevail & Democracy prosper. The Honest few in Judiciary , Police & Executive must raise upto the occasion to SAVE DEMOCRACY & to  kick out their corrupt colleagues from office.

 

 

Your’s Sincerely ,

Nagaraja.M.R.

 

 

 

Supreme Court zeroes in on ‘harass’ judge; support for disclosure grows CJI lauded for probe order

R. BALAJI

 

New Delhi, Nov. 15: The Supreme Court appears to have identified the former judge who is accused of sexually assaulting at least two law interns while in office, sometime about two years ago.

On the Chief Justice of India’s directions, the court registry has checked the intern-assignment records relating to judges who retired in the past two years, sources told The Telegraph.

They said that while convention demanded that an intern work with a particular judge for only a month, the accused judge seemed to have insisted that the women interns work with him for six months.

According to the sources, the feeling among the higher judiciary is that the judge should be named, if only to end the speculation about the other judges who retired recently. So far, the accused judge has not been named.

Legal experts have complimented the Chief Justice for setting up a three-judge panel to probe the allegations after one intern came out with sexual assault charges on November 6. Since then, a second intern has made similar accusations against the same judge.

Such a panel has no precedent in the Supreme Court’s history, nor has any sitting or former apex court judge ever faced charges of sexual harassment at the workplace before.

Legal experts said the Constitution had no provision for the apex court setting up such a committee but added that the top court could certainly do so under the extraordinary powers granted to it by Article 142.

What the committee will do is question the first intern (she has been requested to appear before it on Monday, November 18) and then confront the accused judge.

If the panel prima facie finds truth in the allegations, it can direct the police to register an FIR. A PTI report said police have initiated a preliminary probe into the case.

If the judge is convicted of assaulting or using criminal force with intent to outrage a woman’s modesty (molesting her), he can be jailed for two years. A rape conviction can put him behind bars for life or at least 10 years.

The Judges Protection Act 1985 grants judges and former judges immunity from prosecution for actions committed in the discharge of their official duties. The immunity does not apply to cases of molestation or rape as such offences cannot conceivably be a fallout of a judge performing his job, legal experts said.

“(Even) if the offence was committed while he was a sitting judge, he is amenable to all the laws of the country that apply to all ordinary citizens,” said Jaspal Singh, a former Punjab and Haryana High Court judge who now practises as a lawyer in the Supreme Court.

“The allegations are very serious; the law will take its own course,” he added.

Asked if the judges’ panel had judicial sanctity, Singh said: “(Such) charges against a judge of the Supreme Court are a very serious matter. They involve the institution and therefore they (the court) want to verify the charges before taking any action.”

Senior counsel Dushyant Dave said the CJI had done “an extremely good thing” by forming the panel to probe a “brother judge”.

“That this is an in-house committee owes not to any legal requirement but more to propriety,” he said.

He added that the police must not act unless and until the panel asked them to register an FIR, for neither has the accused been identified yet, nor has any of the interns lodged a formal complaint.

“If any third party has lodged a complaint without proper material, it makes no sense,” Dave said.

He added: “It’s a very serious charge; the judge concerned has to face the music.”

 

Nothing but the truth
By Indira Jaising


A midst the rising din of the demand for death penalty for rapists comes the news that three judges of the Karnataka High Court have been involved in what has come to be described as a ‘sex scandal’ on the outskirts of Mysore at a place called Roost Resorts.
Our attention is now directed to those who dispense justice rather than those who knock at the doors of justice. In both cases, we are talking about the use and abuse of women — those who are victims of sexual abuse, and those who are used as sexual objects, willingly or unwillingly.
After the reports in local newspapers that three high court judges were found with women at a resort, there was the usual crop of denials. Although the Mysore police were called in to settle a brawl, on being told that the persons in question were judges they said that they heard no evil and saw no evil.
And everyone thought the matter ended there.
Attempts to get the names of the judges or of the women in question drew a blank. The bar association also drew a blank as most people said, “Don’t quote me… but…”
On November 30, the Bangalore edition of The Times of India published a front-page story giving the names and photographs of the three judges and confirming that the Intelligence Bureau had done an investigation and come to the conclusion that the incident had indeed occurred. There were still no details of the incident, though it was stated that the report has been given to the chief justice of India.
There were reports on the same day that the Karnataka High Court chief justice had sought the transfer of the three judges to Patna, Jammu and Kashmir and Guwahati. Apparently, the chief justice has agreed to this request and the transfer orders have been issued.
Then came the news that the chief justice of India has set up a committee of inquiry under the ‘in-house’ procedure consisting of the chief justice of the Andhra Pradesh High Court, the chief justice of the Madras High Court and the chief justice of the Patna High Court.
There were still no details in the press about the actual incident and the entire episode continued to be referred to as a ‘sex scandal’.
What is interesting about these reports is not what they reveal, but what they conceal. It is a conspiracy of silence. If the information is now available to the chief justice of India, why is it not being made public? Do we, the public, not have the right to information? Ironically, the morning newspapers brought the news that the Freedom of Information Act has been passed. What are the legitimate limits of the right to freedom of information and the requirement of keeping information a secret? This episode would make an interesting case study.
What exactly is at stake here? There is much that should concern the nation about the incident. This is not a case about the private morality of the judges, be that as it may, but about the abuse of office that they hold. What has not been made known is that the three women in question are women lawyers practising in their courts.
What is at stake here is the pollution of the stream of justice at its very source. There must be countless cases in which these women appeared before these very judges day in and day out of their routine practice. Can one honestly say that in such a situation justice is being done “without fear or favour”? Judges swear on oath of allegiance to “bear true faith” to the Constitution and do justice “without fear or favour”. How well have these judges honoured this oath?
What is at stake here is the cynical use of women as sexual commodities. The usual justifications have already begun making the rounds. If the women have not complained, what objection can anyone else have, it is asked. What is lost sight of is the fact that the judges are in a position of dominance vis-à-vis the women, in a position to do favours that pertain to their office.
What is at stake here is the cynical use of public office, the seat of justice, for personal petty gain. It is irrelevant whether the women consented or not. The usual blame game will now begin — blaming the victim rather than the perpetrator; the usual loose talk about the character of the woman in question; the usual attempt to cover up by diverting attention from the actual incident to the motives of those who brought the incident to light.
What is at stake here is the perception of women as sexual commodities by those who are responsible for sitting in judgment over cases brought for and on behalf of women.
The issues at stake here concern one half of Indians. With what faith can Indian women approach the courts demanding the right to equality, the right to be free from sexual harassment or rape and the right to live with dignity, if the persecution of judges who sit in judgment over them is non-negotiable?
In the circumstances, the suggested solution is worse than the offence — to transfer them to Patna, Guwahati and Jammu and Kashmir. Why these particular cities? Are they not an integral part of the country, or are they mere islands within the country that are considered ‘punishment postings’ where people are sent a la ‘crossing Kala Pani’ of the old days? To the credit of the Guwahati Bar Association, it protested against the proposed transfer.
The only decent thing to do is for the chief justice of India to disclose full details of the incident so that rumour-mongering comes to an end. This would be in the best interest of the judiciary itself.
As things stand, the rumours are making the rounds that there were more than three judges involved, that the women were professional call girls, many of which are baseless. We, the people, have the right to know. The conspiracy of silence must be broken.
The judges in question must neither be assigned any judicial functions pending an inquiry nor be transferred to sit in judgment over others. Two of the judges are stated to be additional judges. They must not be confirmed. If there is prima facie evidence against the one remaining judge, the chief justice must recommend his impeachment.
It is time for all concerned bar associations, bar councils and other male-dominated bodies of legal professionals to act and ensure that there is no cover-up. There is little point in showing sympathy to women in judgments and in seminar rooms, or in recommending the death penalty for rape if we cannot deal with the men who dispense justice.
There are contempt of court petitions pending in the Karnataka High Court against some of the publications for disclosing details of the incident. Civil society and women’s organisations must demand that justice is now done when it comes to the judges themselves.
The law of contempt can offer no solution to the crisis of credibility in the judiciary that this incident has thrown up. One positive aspect of the incident is that it is only after the chief justice of the high court issued a public notice inviting information that he received 20 representations, which led to the discovery of the truth.
Let the truth now be made public.

 

Judge accused of molesting 2 rape survivors in UP

 

A sitting judicial magistrate sexually assaulted them

 

UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls

alleged that when they went to the magistrate’s chamber to give their statement, he allegedly

made them strip and molested them.

One of the girls is a minor and the police have filed a complaint. The girls also claimed that the

judge threatened them to not speak of the incident to anyone.

Lawyers and the general public in Gonda launched a protest against the judge.

 

 

 

 

Another law intern alleges sexual harassment by a former SC judge

 

New Delhi: Another law intern has leveled allegations of sexual harassment against a former Supreme Court judge. A Supreme Court committee is already probing allegations made by another student and had asked her to appear before it.

Earlier, a woman lawyer had written a blog in which she charged a former Supreme Court judge of sexually harassing her, while she interned with him in 2012. The woman lawyer who completed her law degree from National University of Jurdicial Sciences, Kolkata wrote is her blog, “In Delhi at that time, interning during the winter vacations of my final year in the University, I dodged police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme Court judge whom I was working under during my penultimate semester. For my supposed diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather.”

She had also claimed that at least three other girls have also faced harassment by the same judge. The girl said that she had refrained from disclosing the details initially due to the high position that the judge held.

The Chief Justice of India said, “As the head of the institution, I am also concerned about the allegations and anxious whether the statement is true or not. The committee will go into the whole affair and find out the facts. We are taking steps and in cases of sexual harassment, we cannot take it lightly.”

 

Another law student who interned with the Supreme Court has accused a now-retired judge of sexually harassing her, barely a week after similar charges were levelled by another intern.

The latest allegations were made on a Facebook post on November 11 and reported by a law website, Legally India, on Thursday.

The same website had given the link to the first intern’s blog, describing her ordeal. The Supreme Court has appointed a three-judge panel to inquiry into her allegations and the victim has been asked to record her statement on November 18.

But unlike the first instance, the website this time has not given the link to the Facebook post or identified the woman. When contacted Kian Ganz, who reported both the incidents, told HT: “I got to know about the second intern’s experience with the judge through the Facebook post. However, I wasn’t able to confirm if she wanted to go public.”

The second victim, too, was an intern with the same judge, the website said. HT, however, could not confirm the claims or the allegations independently. The two women can’t be identified for legal reasons.

The excerpts uploaded on Legally India on Thursday quote the second intern as saying she was “at the receiving end of unsolicited sexual advance more than once”. Both the interns knew each other, the report claimed. 

“…. we kept attributing all the signs of leeriness to our hypersensitivity… We discussed innocuously said off-colour remarks and dismissed their creepiness because we really respected him [the judge], and the possibility seemed at odds with everything we knew about him, his ideas about feminism, patriarchy, social justice…,” the website quoted from the second intern’s post.

The first intern had alleged that the judge had misbehaved with other women interns as well.

The second intern said as much. “In this case, we spoke to other women… and found out that there was a history to such behaviour.”

“We also alerted some female senior faculty to the incident so that they would ensure that no female student was assigned work with him without being told to be on her guard.”

The website further quotes her as saying “he promised, incidentally, that he would never misbehave with another lady. Maybe it’s naiveté to believe him. Maybe it’s just youthful optimism. Being brave is tougher than it appears on the face of it, no?”

The post then goes on say that the judge “lost his RA’s [research assistants] and got a dressing down from a 23-year-old which should have come from his father.

“Why deprive girls from the chance to work with an illustrious mind because the mind is a little sick? A guy who gets the task would get a savvy CV and a better job opp (opportunity). We didn’t want girls to be left at a disadvantage,” the post, as uploaded on Legally India, read.

 

 

 

 

Law student sexually harassed by ex-Supreme Court judge: case is not unique, but speaking out is nearly impossible

 

A law graduate who recently blogged about how a retired Supreme Court judge sexually

assaulted her while she was his intern, says that the problem is real and not uncommon amongst

the judiciary and senior bar but that she sees few if any ways of tackling it.

Stella James, who graduated from NUJS Kolkata this year and now works at the NGO Natural

Justice, Lawyers for Communities and the Environment, wrote about an alleged incident of

physical, sexual assault by an unnamed, retired Supreme Court judge in late 2012.

In a post that was published on the blog of the NUJS Journal of Indian Law and Society on 6

November, she wrote about trying to come to terms with her experience of 24 December 2012,

Christmas Eve, ironically against the backdrop of the then-ongoing Delhi gang rape protests:

“In Delhi at that time, interning during the winter vacations of my final year in University, I dodged

police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme

Court judge whom I was working under during my penultimate semester. For my supposed

diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless

violating) from a man old enough to be my grandfather. I won’t go into the gory details, but suffice

it to say that long after I’d left the room, the memory remained, in fact, still remains, with me.”

“Frankly I was really shocked,” James tells Legally India in an interview today. “There’s this thing:

a person who is a Supreme Court judge – you don’t expect a Supreme Court judge to harass

somebody.”

However, she says that her experience was neither uncommon, nor merely restricted to the

judiciary: “I’ve heard of three other cases [of sexual harassment] by the same judge and I know of

at least four other girls who’ve faced harassment from other judges – not perhaps as [bad as

mine]: most of them were in the chambers of the judge and other people around, so it never gets

too bad.

“A girl I know faced continuous sexual harassment throughout and sexual advances, and actually

faced troubles through her work because of it.” And she says she’s heard of Supreme Court

senior counsel who have made passes at or have continuously harassed interns for longer

periods.

And though it is barely, if at all, known outside legal circles, it is a bit of an open secret or a “big

joke” within the profession, particularly among clerks and women working in the Supreme Court,

according to James.

“People in the Supreme Court kind of know,” she says. “I did my internship through the college

[recruitment process].” After beginning to share her experience with others in college, however,

James found that others had also faced similar problems with the same judge.

James’ reasons for not going public with the name of the judge or not lodging a formal complaint

are complex, both morally and practically. On the one hand, she wrote in the blog post:

“I bore, and still bear, no real ill-will towards the man, and had no desire to put his life’s work and

reputation in question. On the other hand, I felt I had a responsibility to ensure that other young

girls were not put in a similar situation. But I have been unable to find a solution that allows that.

Despite the heated public debates, despite a vast army of feminist vigilantes, despite new

criminal laws and sexual harassment laws, I have not found closure. The lack of such an

alternative led to my facing a crippling sense of intellectual and moral helplessness.”

“I’d worked for him for six months and he treated me really well for six months and has been

really kind to me,” James explains. “It was rather strange to me but I haven’t really forgiven him

for it… [But] I don’t know if I want to let myself – my impression of him as a person – be entirely

dictated by that act… My leeway to him isn’t because he’s had a shining career and all that – part

of it is that – [but] I’m not really sure I want to ruin somebody’s entire life because of that.”

“Once it gets out in the open that he’s harassed other girls,” James says, “people will only look at

him in that light.”

However, James admits that one other strong reason, which was not really touched upon in her

blog post, was concern about whether legal action would even have any effect. James had

managed to reach two of the other young women who were harassed by the same judge but

neither were willing to come forward in public, mostly out of fear. “They don’t really want to

jeopordise their careers,” James relates. “He’s a Supreme Court judge. If it’s going to be his word

against our word, he’s got more credibility, so to speak, of his words.”

And she adds that if she by herself had wanted to take legal action, it would probably not have

been possible. “There were no other witnesses, it was just me. It was a hotel room, [people] saw

me walking in voluntarily, saw me walking out very calmly. I didn’t even walk out [with] fear. At

that moment I felt I needed to walk out very calmly. I never mentioned anything the same day to

anybody.”

Apart from the evidentiary difficulty in proving the crime, the more serious problem for lawyers is

perhaps inherent in the profession itself. James said she had never heard of any official

harassment complaints within the legal profession or against any judges. And while Legally India

understands that sexual harassment complaints are at times made in law firms, most are handled

very delicately and quietly, with the firm encouraging informal resolution.

In courts, it is even worse, speculates James, in that there is usually no one you can realistically

complain to, unlike in a company or college structure where harassed by a boss or lecturer, for

example, and where she would have taken formal action in a similar incident. “Of course you can

file a criminal complaint [against a judge or lawyer] but that’s a whole different level.” And it is

also likely to impact your career.

“I know a friend of mine who was sexually harassed at the Karnataka high court,” says James.

That friend “wasn’t keeping it a secret” and telling lawyer friends about why she left the job with

that senior, and for two months afterwards she wasn’t able to find a job at the same court, being

asked about the incident in interviews after it dripped through the court’s grapevine (she

eventually found a job after deciding to evade the issue at interviews).

The mindset in such cases often is, “she created trouble for him, she’ll create trouble for us”,

speculates James.

She says she was also skeptical about the Supreme Court’s recently started sexual harassment

cell and guidelines improving matters considerably. “It is often one person’s word against another

person’s word, and a lot of people tend not to take the word” of a young lawyer against a senior

advocate who’s made his reputation for 10 to 15 years. “There is a balance of power thing going

on here.”

The only thing that James has been able to do, other than write the blog, is discuss the incident

with members of her alma mater, possibly de-listing the judge from the recruitment process so

that others are not exposed to similar experiences.

While James does feel that colleges have a responsibility to protect their students, she

acknowledges that it could be difficult. The judge in question has been closely associated with

her former college for a while by giving lectures and regularly taking on research assistants, so

whether faculty can take unequivocal action is not certain.

Nevertheless, James says that potentially recruitment committees of colleges could make a

difference. “I think at least – there should be some way, if not publicly then at least privately, kids

who go intern with a judge should know that this has happened before.”

James says that she was able to come forward, albeit without disclosing names, because of her

choice to work with an NGO with a possible view to entering academia at some point in her

career.

“I was a little afraid,” she admits. “The other friends I’ve spoken about, they are in positions where

these judges play an important role [at the Supreme Court or teaching in a college and they] are

afraid of jeopardising their careers. I don’t have such concerns here at Natural Justice – I have a

team that’s incredibly supportive, and three colleagues were first to read the blog post [before

publication].

“For me, the great thing is that I’m in an organisation where I know that if I come out in public

about it, we are 25 people, and I’m pretty sure I’ll have the entire team behind me.”

That lawyers elsewhere are unlikely or unable to protect their own from sexual harassment, is a

problem the profession will have to deal with sooner rather than later.

 

Update 12 November: The Chief Justice of India has decided to institute a three-member

judicial committee to probe the allegation.

 

 

JUDGE SENDING OBSCENE SMS TO WOMEN

 

Lucknow Taking cognisance of the allegation against a civil Judge (junior division) of

Budaun court that he sent obscene SMSes to a woman lecturer, the Registrar General of

Allahabad High Court today sought a report from the district judge into the matter.

The civil judge of Gunnor sub-division court of Budaun — Pramod Kumar Gangwar— was

accused of sending obscene SMSes from his cellphone to a woman lecturer of Classic

College of Law, Bareilly. A lecturer of the same college, Vivek Gupta, was named in the FIR

lodged by the victim while Gangwar’s name surfaced in the primary investigation.

Registrar General Dinesh Gupta said, “The district judge of Budaun has been asked to

send a detailed report into the allegations. Appropriate action would be taken on the basis

of the report.”

District Judge Suresh Kumar Srivastava said, “I have asked the Bareilly district police to

send a report about the matter. The report on the basis of the police inquiry would be sent

to the Allahabad High Court Registrar General.”

“I am not aware about the matter, as the Bareilly police did not intimate me before initiating

the probe against the civil judge. They should have informed me when they had received

any such complaint,” the judge added.

Meanwhile, Bareilly CO II Raj Kumar, who is investigating the case, today recorded the

statement of the victim. “I have collected the call details of the cellphone used for sending

the SMSes, but I have yet to get the address of the person who is subscriber of the SIM

card,” he said.

“The probe is on to verify if the accused in the case were present on the location recorded

in the call details when the SMSes were sent. The details of the findings of the

investigation would be sent to the Budaun district court to seek the direction,” the CO

added.

Asked if the investigation was earlier conducted into the matter, Raj Kumar said, “The SP

(Crime) had initiated probe into the matter, but I am not aware if the investigation had

reached to any conclusion.”

The woman lecturer had lodged an FIR at the Mahila police station on Thursday alleging

she had received obscene SMSes on her cellphone involving her colleague Vivek Gupta.

The preliminary inquiry into the case by the police yesterday had found that the mobile

phone used in the crime belongs to the civil judge.

 

 

IB confirms Mysore Roost  Resort sex scandal

 

 

The Intelligence Bureau has provided the Centre with a detailed account of the escapade

involving three Karnataka High Court judges on November 3 in a resort on the outskirts of

Mysore, highly placed sources told The Times of India on Friday.

According to a senior official, “Most of the information sought has not only confirmed the veracity

of the incident but the government has crosschecked it with another police agency. Both the

reports match.”

The incident was widely reported in the media. What has surprised the Centre is the “dogged

refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C.

Chandrasekhar first denied that the incident ever took place. Only when a public notice was

issued through the high court registrar seeking information on the Mysore scandal, did the facts

come out in the open. Public protest helped a lot,” says the source.

What transpired at the resort, says the source, “cannot be expected from anyone in civil society,

leave alone persons sworn to upholding the law”. According to him, “The IB report consists of

unmentionable facts and also makes it amply clear that the Mysore incident is not the first time

such things have happened. Can anyone expect upholders of the law to pick a fight with people

who complained to the police when caught in a compromising position?”

In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief

Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed

that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice

Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High

Court.

While Jain is understood not to have given any reasons, highly placed sources say the proposal

for transfers is linked to the Mysore incident.

However, the source says that now the government is worried about the appropriate “remedial

measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He

says, “Bar associations and the people of northeastern states were up in arms when some

judges of the Punjab and Haryana high courts were transferred there. We expect similar protests

if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High

Court.”

The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called

for “follow-up action”.

“Unless prompt and appropriate action is taken, it will erode the faith of public in the only

institution considered to be the bastion of our fighting faith in democracy,” it said in a statement.

The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.

 

Read more: IB confirms Mysore sex scandal – The Times of India  http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sexscandal/articleshow/29801662.cms#ixzz1B7PtvFdU

 

 

Lokayukta: DC demanded sex from widow

 

 

In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager,

the Karnataka Lokayukta on Saturday made a startling revelation that the state government was

shielding a top bureaucrat who had demanded sexual favours from a young widow.

Lokayukta Justice Santosh Hegde disclosed that the official concerned, who was the deputy

commissioner of one of the districts when he demanded sex from the widow in return for

discharging his duties as public servant, has since been promoted to a senior position.

Justice Hegde, in the course of an interaction with journalists at the Deccan Herald office

Saturday afternoon, said the unnamed widow had dared the deputy commissioner and

approached the Lokayukta’s office with a complaint against the officer.

On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to

the state government the suspension and prosecution of the DC concerned. The

recommendation was subsequently considered by the concerned department head as well as

the chief secretary and both endorsed it.

But, according to Justice Hegde, no action was initiated against the DC as the same official who

had endorsed the recommendation subsequently found no basis for initiating departmental action

against him. Instead, the official cleared the DC’s name for promotion in the super-scale.

Presently, the official holds a senior position in the government.

The widow, in her late 20s, had approached the DC with a representation to sort out some

problems. But she was shocked when the DC demanded sex.

Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name

the district where the official was serving as deputy commissioner. But the incident has

happened sometime in the course of last three years as Justice Hegde took over as the

Lokayukta in mid-2006.

 

3-year jail term for ‘dirty’ judge

 

Family court judge Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in

1997

Family court judge Ramrao Gangaram Bhise’s attempts to extract sexual favours, in addition to a

bribe, from a housewife, Alka Gaikwad — who had sought an increase in her monthly

maintenance allowance from her estranged husband, in 1997 — proved costly to him.

Pronouncing him guilty on both counts, the special court hearing anti-corruption bureau (ACB)

matters sentenced him to three years rigorous imprisonment and a collective fine of Rs55, 000,

on Monday.

According to the FIR in the case registered against Bhise by the ACB, Suryakant Gaikwad had

filed for divorce from his wife, Alka, before the Bandra family court. Alka, a housewife, in turn,

filed a petition seeking mutual cohabitation with her husband. The then family court judge, Meera

Khadakkar, directed the husband to pay her an interim maintenance allowance of Rs750 per

month.

Subsequently, in January 1997, Alka filed another application before the same family court (now

presided over by Bhise) seeking to increase the monthly maintenance amount to Rs3,500. “On

October 27, 1997, Bhise issued an interim order, increasing the maintenance allowance to

Rs2,000 to be paid by Suryakan to his estranged wife till the disposal of the case. Immediately

after issuing the order, Bhise asked Alka to meet him and gave her his residential telephone

number, asking her to call him when the court hours ended. He told her that he would ask her

husband to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she

called him up,” the FIR states.

When she called up the judge at 7 pm the same day, Bhise told her that she would have to pay

him a sum of Rs2,000 in addition to granting his sexual favours if she wanted an order in her

favour. He also directed her to meet him at the Haji Ali bus stop with the bribe amount the

following evening.

“Alka approached the ACB, which sought permission from the Chief Justice of the Bombay High

Court before laying a trap on the first class judicial magistrate (Bhise). The HC while granting the

permission designated a court official to bear witness to the events leading to the trap. Alka,

under video camera surveillance of ACB sleuths, along with the court official and other women

witnesses met Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when

she protested, repeated his demands,” the FIR states.

Alka was then taken to a nearby hotel, Sharda, where the judge accepted the bribe amount. But

before he could do anything else, ACB sleuths swooped in and arrested him.

 

 

Rajasthan judge is indicted for seeking sexual favours

 

Chief Justice of India G B Pattanaik retires tonight and he doesn’t have much to write home about

on the unprecedented drive he launched to enforce judicial accountability.

After the PPSC scam fiasco, reported in The Indian Express today, comes the case of the

Rajasthan judge who has been indicted in a sex scandal and yet has escaped action—pending

another inquiry.

On December 14, a three-judge committee set up by Pattanaik confirmed the ‘‘involvement’’ of

Justice Arun Madan of the Rajasthan High Court in a proposition to a woman doctor to have sex

with him in exchange for a judicial favour.

The committee, headed by the Chief Justice of the Punjab and Haryana High Court Justice B K

Roy, submitted its report to Pattanaik, indicting Madan on a complaint made from Jodhpur by the

woman concerned, Sunita Malviya.

But Pattanaik has not announced any action against Madan. When contacted by The Indian

Express, Pattanaik confirmed that the committee had indicted Madan and his ‘‘bad reputation’’ in

seeking sexual favours in return for judicial ones.

However, Pattanaik said that no action was being taken since the committee had also mentioned

allegations of corruption against Madan. And so he had ordered a further inquiry by the same

committee into the corruption charges.

When asked what he did with the indictment of Madan in the sex scandal, Pattanaik said, ‘‘That

is on hold because I could not have taken piecemeal action against him….I am praying to God

that the final report will give some tangible material to take action.’’

Highly placed sources told The Indian Express that when the committee recorded statements last

week in Jodhpur of about 30 persons over four days, it also came to know of several allegations

of corruption against Madan and another judge of the same high court. The committee put these

on record as well.

Pattanaik said that when he summoned Madan to New Delhi last week, he did not raise the sex

scandal issue and instead limited himself to saying that he was ordering a further inquiry into

corruption allegations.

In effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V N Khare.

The gist of Malviya’s complaint is that Madan made a sexual proposition to her in October

through a deputy registrar of the high court, Govind Kalwani, who said that the judge would help

her, in turn, get out of a criminal case booked against her.

With this, Pattanaik’s much-touted in-house judicial accountability seems to have hit a wall. The

first committee’s report into the PPSC scam exonerated one judge despite evidence and let two

others off with a mere slap on the wrist. The third committee is now busy probing the involvement

of judges in the Mysore sex scam.

 

 

Ten reasons why criminals in khaki get away

Siddharth Varadarajan

 

Behind every man like S.P.S. Rathore who abuses his authority stand the generals and

footsoldiers who help and support him. We need to take them all down.

S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must

never forget that he was able to get away with the sexual molestation of a young child and the

illegal harassment of her family for 19 years because he had hundreds of men who supported

him in his effort to evade justice.

The fact that these men – fellow police officers, bureaucrats, politicians, lawyers, judges, school

administrators – were willing to bend the system to accommodate a man accused of molesting a

minor speaks volumes for the moral impoverishment of our establishment and country. Decent

societies shun those involved in sexual offences against children. Even criminals jailed for

`ordinary’ crimes like murder treat those serving time for molesting children as beyond the pale.

But in India, men like Rathore have their uses for their masters, so the system circles its wagons

and protects them.

The CBI’s appeal may lead to the enhancement of Rathore’s sentence and perhaps even the

slapping of abetment to suicide charges, since his young victim killed herself to put an end to the

criminal intimidation her family was being subjected to by Rathore and his men. But the systemic

rot which the case has exposed will not be remedied unless sustained public pressure is put on

Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have

it in their power to push for simple remedies in the way the Indian law enforcement and justice

delivery system works.

First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and

security forces personnel when they are accused of committing crimes. The original intent behind

this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of

discharging their duties in good faith. Somewhere along the line, this has come to mean

protecting our custodians of law and order when they murder innocent civilians (eg. the infamous

Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five

villagers in 2000 still cannot take place because the Central government will not grant

permission), or assault or molest women and children. No civilised, democratic society grants

such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how

they had wanted Rathore prosecuted but were prevented from doing so because of pressure.

Such officials should either be made formally to testify in a criminal case against the politicians

who so pressured them or they should themselves be hauled up for perverting the course of

justice.

Second, stop talking about how making the police and army answerable to the law will somehow

demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or

the morale of upright police and army officers, who do not think it is right for their colleagues to be

able to get away with criminal acts?

Third, bring an end to the cosy relationship between the police and politicians. Rathore was

protected by four chief ministers of Haryana. He served them and they served him by ensuring

his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating

back to 1861. A number of commissions have made recommendations for reforming the police

over the years; but no government or political party wants to give up its ability to use and misuse

the police for their own benefit

Fourth, ensure that police officers who abuse their authority and engage in mala fide

prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr.

Chidambaram should use the considerable resources at his command to find out who were the

policemen involved in filing 11 bogus cases against the teenaged brother of the young girl

Rathore molested. He should then make sure criminal proceedings are initiated against all of

them. The message must go out to every policeman in the country: If you abuse the law at the

behest of a superior, you will suffer legal consequences.

Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a

matter of routine so that a powerful defendant is not able to use his position to delay proceedings

the way Rathore did for years on end. The destruction or disappearance of material evidence in

such cases must be treated as a grave offence with strict criminal liability imposed on the

individual responsible for breaking the chain of custody.

Sixth, empower the National Human Rights Commission with teeth so that police departments

and state governments cannot brush aside their orders as happened in the Rathore case. This

would also require appointing to the NHRC women and men who have a proven record of

defending human rights in their professional life, something that is done today only in the breach.

The attitude of the Manmohan Singh government to this commission and others like the National

Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies

are not filled for months on end.

Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual

crimes, including sexual crimes against children. Between rape, defined as forced penetrative

sex, and the vague, Victorian-era crime of `outraging the modesty of a woman’, the Indian Penal

Code recognises no other form of sexual violence. As a result, all forms of sexual molestation

and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the

judge did not even hand down the maximum sentence, citing concerns for the criminal’s age.

Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to

distinguish between `outraging the modesty’ of an adult woman and a young child.

A draft law changing these provisions and bringing India into line with the rest of the modern

world has been pending with the NCW and Law Ministry for years. Perhaps the government may

now be shamed into pushing it through Parliament at the earliest.

Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate

that the family of Rathore’s young victim had to endure is testament to the fact that people who

seek justice in India do so at their own peril.

Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used

against other alleged criminals, are also employed against police officers accused of crimes.

Tenth, the media and the higher judiciary must also turn the light inward and ask themselves

whether they were also derelict in their duty. The Rathore case did not attract the kind of constant

media attention it deserved, nor do other cases involving serving police officers accused of

crimes against women, workers, peasants and minorities. As for the upper courts, their record is

too patchy to inspire confidence. It was, after all, the high court which chose to disregard the

CBI’s request for including abetment to suicide charges.

Keywords: Siddharth Varadarajan, S.P.S. Rathore, criminals, khaki, former DGP of

Haryana, custodians, sexual violence, NHRC

 

 

Porbandar judge accused of dowry harassment

 

A complaint has been filed against District and Sessions judge of Porbandar for allegedly

harassing his daughter-in-law for dowry, police said here on Sunday.

Darshana Dave, a native of Amreli, has filed a complaint against her husband Kinnar, father-inlaw

and district judge Arvind Dave, mother-in-law Pratibha and brother-in-law Prashant, the

police added.

Darshana married Kinnar two years ago. Her complaint says that she was harassed from the

beginning, and was even beaten up by the husband and in-laws, who were demanding Rs 10

lakh as dowry.

She has also alleged that she was thrown out of the house a few months back, and her husband

is now seeking divorce, the police said.

Amreli Superintendent of Police H R Muliyana confirmed to have received the complaint against

the judge and others. He said that action will be taken after verifying the complaint.

This is the second complaint related to dowry harassment filed against a judge in the state in the

recent past.

Earlier, a woman had filed a complaint against additional sessions judge of Jetpur after her

daughter and the judge’s wife committed suicide.

 

 

Gurgaon judge to also face dowry harassment charge

 

Gurgaon’s Chief Judicial Magistrate Ravneet Garg, booked for the murder of his wife, will also

face dowry harassment charge, police here said Monday.

Police have issued notices to the CJM’s father K.K. Garg and mother Rachna Garg, who have

also been named in the dowry harassment case.

The CJM’s father reached here Monday morning from Haryana’s Panchkula town and contacted

police, who wanted to question him.

“We had called CJM’s parents…K.K. Garg was questioned by special investigation team (SIT),”

Gurgaon Police Commissioner Alok Mittal said.

Mittal said on the basis of written complaint filed by the parents of the CJM’s wife Geetanjali,

penal sections of dowry harassment and extra-marital affair were included in the FIR lodged

against the CJM Saturday.

Geetanjali, 24, bore three bullet wounds – on her chin, chest and stomach – but no bullets were

found in her body that was recovered here Thursday. The CJM’s licensed firearm was found near

the body, police said.

Mittal said two bullets were seized from the scene of crime and would be sent for ballistic

examination Monday, a day after ballistic experts examined the crime spot.

“The SIT Sunday questioned two women relatives of Ravneet Garg for hours at his government

allotted house here in the Officers Colony,” said Mittal.

“We have asked CJM to produce supporting evidences to prove his statement,” he said.

The CJM allegedly said that his driver and domestic help may throw some light on his wife’s

death.

Judge Garg’s in-laws alleged that two cars were provided to the accused on his and his family’s

demand. Rs.2 lakh were also delivered to him at the time of the admission of his daughters in

school in May.

Geetanjali’s brother Pradeep Aggarwal Saturday lodged a first information report against Garg

and his parents, accusing them of murder.

“Ravneet and Geetanjali got married in November 2007. Everything was fine for a few years but

the attitude of Ravneet and his parents towards Geetanjali started changing after she delivered

two baby girls (now aged around four and a half and three years),” Aggarwal said in his

complaint.

He demanded a probe by the Central Bureau of Investigation (CBI) into his sister’s murder.

 

 

 

 

 

 edited , printed , published & owned by NAGARAJA.M.R. @ : LIG-2 / 761 , HUDCO FIRST STAGE , OPP WATER WORKS OFFICE , LAKSHMIKANTANAGAR ,HEBBAL ,MYSORE -570017 INDIA     

  cell : 91 9341820313       

 home page:   

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http://in.groups.yahoo.com/group/e-clarionofdalit/
 ,    http://paper.li/f-1367938674      ,      

Contact  :  naghrw@yahoo.com  , nagarajhrw@hotmail.com ,

http://www.amnesty.org/en/user/naghrw 

A   Member  of  Amnesty  International  

 

 

Judges Sex Crime Cover-ups

Filed under: Uncategorized — Nagaraja M R @ 9:48 am

S.O.S   e – Clarion  Of  Dalit  –  Weekly  Newspaper  On  Web 

Working  For  The  Rights  &  Survival  Of  The Oppressed

Editor: NAGARAJA.M.R… VOL.7 issue.48… .27/11/2013

 

 

JUDGES , SEX  &  CRIME  COVER-Ups

 

Now days  we are  seeing   frequent  reports   of  Judges  involvement  in  crimes  , sexual assaults  , misuse of office , etc  in the media.  They  are  hushing  up  , covering  up  those  crimes  by misusing  their  power , enormous  clout.  Legal  Immunity  applies  only  to  their  official  actions  but  not  to their  actions  as individuals  , their  criminal  actions.  These  guilty  public  servants  cunningly  intertwine  their  official  &  personal  actions  to  escape  legal  prosecution  , in  this  backdrop   to  bring  out  the  wrong  ,  illegal  work  practices  of  public  servants , judges , police  I  have raised  basic  questions   about  their  work  practices  in  public  interest.  Till date  the  guilty  public  servants  have   not  given  their  full  replies  at  all  ,  as  they  have  much  to  hide  than  to  reveal.

 

Once again   I  am  raising  those  questions  to  Honourable  Chief  Justice  of  India  to  answer  at  the  earliest   in  public  interest :

 

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA

Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.

1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

2) What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

3) What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

5) Are the privileges defined & codified ?

6) Are these privileges above freedom of the press ?

7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ?

14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

22) What is the criteria for admitting a P.I.L. & giving free legal aid ?

23) Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

 

FIRST APPEAL UNDER SEC 19 (1) OF RTI ACT 2005 OF GOVERNMENT OF INDIA & GOVERNMENT OF KARNATAKA

APPLICATION FOR INFORMATION AS PER RTI ACT 2005
( SEE RULE 22 OF RTI ACT 2005 )

 

CPIO , DG& IGP , BANGALORE     Reference No : 1053/RTI/SP(PRO)/2012/RPAD  dated 13.09.2012 

CPIO , CMO , BANGALORE        Reference No : CM/622/RTI/2012 dated 07.09.2012 

CPIO , RAJBHAWAN , BANGALORE    Reference No : GS 165 RTI 2012 dated 03.09.2012

CPIO , UNION HOME MINISTRY , GOI , NEW DELHI  Reference No : Dy.No.121805/DS/CS/2012-CSR.III  dated 12.09.2012 

 

CPIO , RAJYASABHA , NEW DELHI    Reference  No.RS/2(458)/2012-RTI  dated 17.09.2012 

 

CPIO , LOKSABHA , NEW DELHI  Reference No : 1 (979) / IC/12  dated 24.08.2012  and  No.1 (1030) / IC / 12  dated 03.09.2012 

CPIO , RASHTRAPATHI BHAWAN , NEW DELHI  Reference No: 955/RTI/08/12-13 dated 29.08.2012 

CPIO , SUPREME COURT OF INDIA , NEW DELHI , NO REPLY

 

FULL NAME OF THE APPLICANT : NAGARAJA.M.R.

 

ADDRESS OF THE APPLICANT : NAGARAJA.M.R.,

EDITOR , SOS E-VOICE JUSTICE  & SOS E-CLARION OF DALIT ,

# LIG-2 / 761, OPP WATER WORKS OFFICE,

HUDCO FIRST STAGE, LAXMIKANTANAGAR,

HEBBAL, MYSORE , KARNATAKA  PIN – 570017.

 

RTI  First Appeal Made to  First Appellate Authorities

 

RTI APPELLATE AUTHORITY , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

 

DETAILS OF DOCUMENTS / WRITTEN STATEMENTS / INFORMATION REQUIRED :

 

The concerned  CPIO  has failed to provide information to me , thereby he is shielding the criminals , anti nationals. In turn CPIO himself has committed crimes. It goes to prove the existence of Criminal Nexus between CRIMINALS  –  CORRUPT PUBLIC SERVANTS  –  CORRUPT POLITICIANS.

 

HEREBY , I DO HUMBLY REQUEST YOU TO GIVE ME WRITTEN STATEMENTS / ANSWERS TO THE FOLLOWING QUESTIONS – WHICH IN ITSELF ( ie answers ) ARE THE INFORMATION SOUGHT BY ME. HERE WITH I AM SEEKING NOT THE OPINIONS ABOUT SOME HYPOTHETICAL ISSUES , BUT YOUR OFFICIAL STAND , LEGAL STAND ON ISSUES WHICH ARE OF FREQUENT OCCURRENCE WHICH ARE VIOLATING PEOPLE’S FUNDAMENTAL RIGHTS & HUMAN RIGHTS. WE DO HAVE HIGHEST RESPECTS FOR JUDICIARY & ALL PUBLIC INSTITUTIONS , THIS IS AN APPEAL FOR TRUTH , INFORMATION SO THAT TO APPREHEND CORRUPT FEW IN PUBLIC SERVICE, WHO ARE AIDING & ABETTING TERRORISM , UNDERWORLD & CRIMINALS. I  HAVE SHOWN IN DETAIL WITH LIVE , ACTUAL CASES , EXAMPLES , HOW INDIAN LEGAL SYSTEM IS MANIPULATED BY CRIMINALS  WITHIN JUDICIARY , POLICE , PROSECUTION , ETC. READ DETAILS  AT  :

https://sites.google.com/site/eclarionofdalit/wheeling-dealing-judges-police 

 

Hereby ,  we  do request  PIO O/O  Honourable Chief Justice of India  , PIO , O/O H.E.Honorable President of India , PIO O/O Honorable Speaker of Lok Sabha , PIO O/O Dy Chairman of Rajya Sabha , PIOs of  Karnataka Raj Bhawan , Karnataka CMO , Union Home Ministry GOI  and  DG & IG of Police of Government of Karnataka to answer the following questions in public interest , for safeguarding national security ,  National unity & integrity & to legally apprehend anti-nationals , criminals within the judiciary & police.

 

Main  A :

You have not taken appropriate action to my previous RTI requests , Numerous appeals for justice & police complaints. You have not replied to show-cause notice also. Your inaction has helped the criminals in manipulating & destroying evidences.

 

Your inaction / delay in performing your duties not only amounts to denial of information , but  amounts to violation of our fundamental & human rights , cover-up of crimes , aiding & abetting criminals . The criminal nexus tried to silence me in many ways. Is not these acts of your’s  a crime in itself ?

 

If your acts of crime cover-ups  , information / evidence cover-ups , aiding & abetting criminals , silencing a crusader  is just & legal. The same type of acts of crimes  performed by other citizens will also be legal ?

 

Main  B :

At the outset , we express our whole hearted respects to all constitutional institutions &  to the honest few in public service. Contempt of constitutional institutions , citizens of India is being made by the corrupt persons in constitutional positions themselves. This is an appeal to the honest few in public service , constitutional positions , to bring their corrupt colleagues to book.

 

1.                  does the action of MPs , MLAs taking money / receiving favors from vested interests , to formulate policy decisions , to raise questions in parliament / legislative bodies or to abstain from voting  legal ?

2.                  why transparent , fair investigation is not done in such cases ?

3.                  just remember , the  vulgar acts of Mr.Bora Babu Singh in state legislature & how some  MLAs   vulgarly behaved with Ms.Jayalalita  in state legislature , years ago. Are these type of vulgar actions by MPs & MLAs  legal ? does not these constitute contempt of the house by MPs & MLAs themselves ?

4.                  all the people’s representatives from panchayath member to president of India must read ABCD  Of Democracy  provide along with.since independence of India till date , MPs & MLAs are forcing projects on people against the wishes of people , formulating policies against the wishes of people. Are not such projects , government policies & Laws , undemocratic & illegal ?

5.                  is the election commission of India verifying the authenticity of affidavits submitted by electoral candidates ?

6.                  how many candidates have been caught so far for giving false affidavits ? are all the violators prosecuted?

7.                  are the MPs , MLAs submitting their wealth details on affidavits yearly to vigilance authorities ? defaulters , violators how many ?

8.                  what legal action taken against violators , defaulters , for giving false affidavits ?

9.                  who is checking the authenticity of those affidavits submitted by MPs , MLAs ?

10.              the agricultural incomes of some MPs , MLAs , their kih & kin raises even during the time of severe drought , floods , fall in prices of agricultural products , their companies register increase in turnover / profits even during recession , the trusts / NGOs set up by them receive huge donations. Are all these income legal ?

 

Main  C :

1.                  we do once again offer  our conditional services to the government of india , all state governments & supreme court of india , in apprehending  tax evaders , land grabbers , corrupt police , corrupt judges , corrupt  public servants , labor law violators , etc. whom the the government officials , vigilance authorities have failed to apprehend. Why the authorities , courts , supreme court of India , are not ready  to utilize our service ? are they afraid of being caught ?

2.                  the public servants , courts theselves are delaying giving information / records to us in many cases. So in the issues / cases raised by us , the clause of time bar doe not apply. Are these delaying tactics of public servants , courts legal ?

3.                  why no proper , timely action was not taken based on numerous police complaints made by us ?

4.                  why DG & IGP , Government of Karnataka , has not made any efforts to seek legal sanction for prosecution of VVIPs ( mentioned in our complaint ) , from union & state home ministries ?

5.                  the criminal nexus is trying to silence me in many ways , but the supreme court of India & national human rights  commission  has failed to undo the injustices , why ? is it because it is not a high profile case  ? is it because it  is not hi-fi , does not get image ratings , TRPs ?

6.                  the public servants are aiding underworld , naxalites & terrorists , by their delaying tactics & denial of information , records. What action has been taken against such anti-national elements in public service ?

7.                  how many complaints are made by Nagaraj .M.R. , Human Rights Activist , Mysore (editor of SOS e-clarion of dalit & SOS e-voice for justice) to Karnataka police , to national human rights commission  to supreme court of India till date ? what action taken with respect to each complaint ?

8.                  the delay in taking action by public servants  with respect to following cases has resulted in  more crimes , destruction / manipulation of evidences , records  and more injustices to commonman. Why the authorities did not take timely action against criminals in following cases ?

 

SOS Appeal to SUPREME COURT of INDIA
http://e-clarionofdalit.blogspot.com/2010/08/s-o-s-appeal-to-supreme-…
DEALS IN COURTS  &  POLICE  STATIONS   READ :
http://sites.google.com/site/eclarionofdalit/satyameva-jayate  ,
http://e-clarionofdalit.blogspot.com/2011/01/satyameva-jayate.html  ,

ACCUSED Chief Justice of India
http://sites.google.com/site/eclarionofdalit/accused-chief-justice-of…
,
http://e-clarionofdalit.blogspot.com/2011/02/accused-chief-justice-of…

CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
http://crosscji.blogspot.com/  ,
http://crossexamofchiefjustice.blogspot.com/  ,
http://crimesofsupremecourt.wordpress.com/  ,
http://crosscji.wordpress.com/  ,
http://crossexamofchiefjustice.wordpress.com/  ,
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
http://theftinrbi.blogspot.com/  , http://theftinrbi.rediffblogs.com/
http://theftinrbi.wordpress.com/
CROSS EXAM OF MUDA COMMISSIONER , MUDA , MYSORE –
http://crimesofmuda.blogspot.com/  , http://manivannanmuda.blogspot.com/
http://crimesatmudamysore.wordpress.com/  ,
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
http://crimesofbda.blogspot.com/  , http://bdacrimes.wordpress.com/  ,
CORPORATE CRIMES RPG CABLES LIMITED
http://crimesatrpg.blogspot.com/  ,
http://crimesatrpg.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/218
MEGA FRAUD BY GOVERNMENT OF INDIA
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
are you ready to catch tax thieves ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
MOBILE PHONES , CURRENCY SCANDALS
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
reliance industry where is accountability ?
http://megafraudbygoi.blogspot.com/  ,
http://megafraudbygoi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/196
crimes at infosys campus
http://crimeatinfy.blogspot.com/  ,
http://crimeatinfy.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/214
crimes by B.D.A against a poor woman
http://crimesofbda.blogpot.com/  ,
http://bdacrimes.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/212
crimes of land mafia in India
http://landscamsinindia.blogspot.com/  ,
http://landscam.wordpress.com/   ,
http://groups.yahoo.com/group/naghrw/message/212
currency thefts in RBI Press
http://theftinrbi.blogspot.com/  ,
http://theftinrbi.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/80
killer colas & killer medicines of India
http://deathcola.blogpot.com/  ,
http://deathcola.wordpress.com/  ,
http://groups.yahoo.com/group/naghrw/message/201

HONOR OF INDIAN PALIAMENT FOR SALE

http://sites.google.com/site/eclarionofdalit/honor-of-indian-parliament-for-sale

Persecuted IROM SHARMILA of Puttaparthi AP – pushpa kolasani  on hunger strike in anantapur  district jail Andhra Pradesh

http://sites.google.com/site/eclarionofdalit/persecuted-irom-sharmila-of-puttaparthi-ap

 

 

9.                  how many judges are caught by authorities for doing improper , immoral & illegal acts , since independence till date ? what action taken in each case ?

10.              what action taken against copy cat judges caught red handed while copying in public examination in Andhra Pradesh ?

11.              have you reviewed all the previous judicial decisions  taken by such judges of doubtful integrity & honesty ?

12.              is it not the duty of government & supreme court of India , to protect  the fundamental rights & human rights of all Indian citizens ?

13.              why the government & supreme court of India has failed to protect the fundamental rights & human rights of  me  & those mentioned in my complaint ?

14.              how many former CJIs  ,  supreme court & high court judges have disproportionate wealth ?

15.              Your denial of information to my previous RTI requests  amounts to suppression of evidence , hiding crimes , what action against erring public servants ?

16.              why my previous RTI requests or part  there of was not transferred to appropriate authorities and information given to me in a consolidated form ?

 

 Main   D  :


Q1. Why not death sentence to corrupt police who murder people in in lock-up / fake encounters ?

Q2. Why not death sentence to corrupt police who apply 3rd degree torture on prisoners ?

Q3. Why not death sentence to corrupt police , who connive with criminals & backstabs our motherland , it’s national security ?

Q4. Don’t the police have suo-motto powers to take action in the interest of public welfare , law & order ?

Q5. Daily we see numerous reports of misdeeds by police , public servants , industrialists , etc in the media . Then why not police taking any action with respect to them ?

Q6. nowadays we see numerous reports of scams , scandals by constitutional functionaries , public servants in the media. Instead of wasting money , killing time by prolonging formation of parliamentary committees , judicial commissions , why not subject those accussed public servants to narco analysis , lie deector test , etc to ascertain truth & provide timely justice ?
Q7. If a commonman files a complaint , police / courts wants evidences , witnesses to take action against the rich & mighty crooks. Where as if a rich person just gives a complaint against a poor chap , he is arrested , tortured eventhough there are no evidences , witnesses. Why this double standard ?
Q8. If a poor chap tries to collect evidences as per his fundamental rights or as per RTI ACT , the public servants don’t give full , truthfull information. Still , police / courts don’t take action against those public servants hiding crimes. Why ?
Q9.why I was not permitted to appear as an “amicus curie” before jain commission of enquiry or supreme court of india probing late prime minister rajiv Gandhi assassination case ?
Q10. The criminal nexus tried to silence me , by closing my news paper , by snatching away my job oppurtunities in government service, by physically assaulting me , by threatening me of false fix-ups in cases & by attempts to murder me. But no action against culprits , why ?
Q11. Whereas , I was enquired number of times by police & intelligence personnel about this case , but the culprits were not enquired even once , why ?
Q12.who compensates the losses I have suffered due to these injustices ? are not police responsible for it ?
Q13. Is it not the duty of police to protect the lives , livelihood of witnesses & all parties involved , both during case & afterwards ?
Q14. How do you monitor & check corrupt police personnel & increase in their family’s wealth year after year ?
Q15. While getting appointed into government service from the rank of peon to IAS officer , police verification is mandatory. While appointing to sensitive defense establishments , research institutes in addition to police verification , central intelligence agencies cross-check candidate’s background. However is there no background checks of constitutional functionaries , MPs , MLAs , , who are privy to national secrets ? why ?
Q16. Recently , the opposition parties have made allegations during presidential allegations that close relative of one of the front running candidates have swindled public money by their bank , misused public money through one of their NGO. Is it true ?
Q17.has GOI funded any terrorist outfits in india or abroad ?
Q18.india preaches non-violence , panchasheel principles to the world. In india , more than half the population are poor , people are starving to death. Inspite these background , GOI funded & aided terrorist outfits in former east Pakistan ensuring the creation of Bangladesh , GOI has funded & aided terrorist outfits like LTTE , TULF , ETC in srilanka , MQM in Pakistan. In turn these terrorist outfits have murdered thousands of innocents in those countries. Are these acts of GOI just & legal ? Is not GOI responsible for all those murders of innocents ? has GOI paid any compensation to those victims or their family mebers ? why not ?
Q19.within india , to reduce the influence of certain terrorist groups , GOI has funded & aided couter terrorist groups , is it right & legal ?
Q20. In Jharkhand , chattisgarh , etc , the government has armed , trained & funded “salwa judum” to counter naxalites. Salwa judum cadres are terrorizing innocents just like naxalites. Is this action of government just & legal ?
Q21.in india, TADA , POTA is being rampantly misused by police. Even where there are no problems of terrorism , TADA / POTA is being slapped against innocents , even children. In M.M.Hills of Karnataka state , STF personnel charged tribal people with TADA on frivolous charges of taking lunch to veerappan , stiching dress for the forest brigand, etc. where as the prominent political, film , sports personalities who have links with underworld , anti national elements & attended parties hosted by dawood Ibrahim , other dons in gulf countries , else where. But these hi-fi people are not charged with TADA / POTA ? why ?
Q22. Film actor sanjay dutt had contacts with underworld & fully knowing well the criminal objectives of criminals , hid the dangerous arms & ammunition in his home , which were intended for terrorizing public. However mr.dutt is not charged with TADA / POTA instead he is charged with illegal possession of arms act ( which is normally applied to farmers who use illegal home made guns to scare away animals , birds in their farms ). Why this favourable treatment of mr.dutt by police ? prosecution ? is this because dutt is politically mighty & rich ?
Q23. Law is one & same for all , the public servants, police interpretes , enforces it differentially between rich & poor ? why this differentiation ?
Q24.recently in Bangalore police nabbed criminals belonging to international criminal syndicate selling duplicate nokia mobiles. Every nokia mobile comes with 15 digit IMEI number , this number is also used by police for tracking criminals. In consumer dispute at consumer disputes redressal forum Mysore CD 49/05 , nokia company stated that all it’s products come with IMEI number only & stated that the product in dispute sold by tata indicom dealer M/S INTOTO COMMUNICATIONS , Mysore are not their’s as it doesn’t have IMEI numbers. Further nokia stated they don’t have any business relationship with either tata indicom or it’s dealer. However the tata indicom dealer stated that indeed his products are genuine , first hand products , but doesn’t have IMEI numbers . this proves the dealer in collusion with tata company is selling illegal nokia mobile hand sets & cheating the public. These mobiles are evading taxes , as well as these are without IMEI numbers best buy for criminal elements who want to evade police tracking. What police are doing
Q25. Who , of which rank among police personnel takes the decision to close a case ie to file “B” report , when after certain time limit no leads are found in investigation ?
Q26. How do you monitor corrupt police personnel , who purposefully fail to investigate case properly , so that either the case can be closed with “B” report or the prosecution fails to prove the case in court ?
Q27. Who among police takes the decision to appeal against the verdict of a lower court , when the prosecution fails ?
Q28. Who took the decision , not to appeal against the argentina court order acquitting mr.quatrochi accussed in bofors scandal ?
Q29. Do you treat all the prison convicts same in the prison or does the notorious big time rich criminals get spacious barracks with tv, news paper , adequate food , medical care , etc while small time criminals , poor are crammed into pig sty like rooms with 60-70 inmates without any basic requirements ?
Q30. What is the status of my complaint made to the DG & IG of police , government of Karnataka on 10/12/2004 ? the copies of complaint was released at press meet at patrakartara bhavan Mysore on same day, even copies were given to police & intelligence personnel ?
Q31. Why no action , reply regarding the complaint till date ?
Q32. Our constitutional frame workers gave legal immunity privileges to certain constitutional functionaries , so that they are not burdened with frivolous court cases & can concentrate on their constitutional duties. But these privileges doesn’t cover the individual actions of those public servants like rape , murder , dowry harassment , tax evasion , misuse of office , etc. but still law enforcement / police department is bound to send request to home ministry seeking permission & home ministry sits over files for months. This gives the accussed ample time to destroy evidences. Is it right & legal ?
Q33. Does legal immunity privileges cover their official actions alone ? if not what does it cover ?
Q34. What is the time limit for home ministry to give sanction for the prosecution of tainted constitutional functionaries ?
Q35. How many present MPs , MLAs , MUNICIAPAL CORPORATORS , other people’s representatives are facing criminal charges ?
Q36. In the past , how many MPs , MLAs , corporators were facing criminal charges , yearwise since 1987 ? how many of them were eventually convicted ?
Q37. How many MPs , MLAs , prominent film , sports personalities have have contacts with underworld , foreign intelligence agencies ?
Q38. How many of them have attended frequent parties hosted by underworld dons in gulf countries , else where ?
Q39. How many MP , MLA , other people’s representatives are wanted by police in various cases . but shown in the police records as absconding but in reality are attending the proceedings of the house as usual ?
Q40. When did smt. Sonia Gandhi became a citizen of india ? did she occupy any public office before naturalization ?
Q41. In india , how many MPs , MLAs , MLCs are of foreign origin or have a spouse of foreign origin ?
Q42. Does smt. Sonia Gandhi have citizenship of any other country ?
Q43. Did she occupy any public office while enjoying dual citizenship ?
Q44. How do you monitor public servants who have spouses of foreign origin & while they are on foreign tour , from national security perspective ?
Q45. Is mr. M.S SUBBA member of parliament a citizen of india ?
Q46. What is the status of complaint made by former union minister mr.subramanya swamy alleging that late P.M rajiv gandhi’s family received money from foreign intelligence agencies ?
Q47. In many cases like mass riots involving certain political parties , when that culprit party comes to power all the cases involving it’s partymen are withdrawn by the government orelse prosecution fails to prove it’s case & prefers not to appeal. Just remember Bombay riot case involving shiv sainiks & others , when shiv sena – BJP came to power in Maharashtra , all the cases against it’s partymen were withdrawn. Are these type of decisions by government just & legal ?
Q48.what damages has been done to india’s national security due to mole in the PMO, as alleged by former union minister mr.natwar singh ?
Q49. What action by the government ?
Q50. How many Indians are in the custody of police / military in various foreign countries ?
Q51. How many foreigners are there in Indian prisons ?
Q52. How GOI is protecting the human rights of these prisoners ?
Q53. Is the government paying any compensation to victims of police failures , fix-ups , , who suffer in jail for years & acquitted by courts upon finding them as not guilty ?
Q54. Do you register murder charges / attempt to murder charges against guilty police officers who are responsible for lock-up deaths , fake encounters & 3rd degree torture ?
Q55. How many cases has been filed since 1987 till date ?
Q56. What action has been taken against guilty police officers , STF personnel who were responsible for gross human rights violations , 3rddegree torture , lock-up deaths of innocents in forest brigand veerappan’s territory , based on justice A.J.Sadashiva commission findings ? if not why ?
Q57. I , as a citizen of india as my “fundamental duty” hereby do offer my conditional services to GOI & GOK to apprehend corrupt public servants. Are you ready to utilize my services ?
Q58. Police personnel are always in the forefront of containing crimes , mass fury , riots , etc. they suffer more & even their family members suffer threats from the criminal elements. Do the government provide insurance coverage to police & their family members on the lines of defense forces ?
Q59. What is the amount of coverage to a police constable & his family ?
Q60. Who makes the premium contributions ?
Q61. Do the government provide overtime allowance , food allowance to police who daily work beyond 8 hours of duty ?
Q62. Is the government giving any training to police personnel in public interaction , human rights ?
Q63. Is it right to post professionally trained police to sentry , orderly duties of ministers ?
Q64. What is the ratio of police personnel to total population in india since 1987 ?
Q65. IS THE GOVERNMENT GIVING ADEQUATE FOOD, MEDICAL CARE , CLOTHING , LIVING SPACE TO PRISON INMATES , AS REQUIRED BY A NORMAL HUMAN EING ACCORDING TO W.H.O NORMS ?
Q66. Is the forensic science department which conducts narcfo-analysis , lie-detector test , etc under the control of police department ?
Q67. Is it not right to put it under impartial control of NHRC or like bodies ?
Q68. Is the action of some police officers arranging compromise meetings & subtly insisting the poor to tow the line of rich or else face the consequences , is it right & legal ? this happens mostly in real estate matters.
Q69. Did government make any ransom payments to forest brigand veerappan during his various kidnappings ?
Q70. What action has been taken based on revealations by karim telgi during narco analysis about public servants involvement ?
Q71. How many cases of allegations against judges were made in the media about misuse of office , criminal acts by judges from munsiff court to supreme court of India ? since 1947 till date
Q72. are the enquiry report findings, action taken reports of such cases accessible to public ? if not why ?
Q73. what action has been taken against guilty judges ?
Q74. are the guilty judges legally prosecuted in all such cases ? or has it just ended with their resignation from services or his superior judge not allotting him any judicial work ?
Q75. why some high ranking judges are not legally prosecuted for their wrong doings ?
Q76. are judges above law ? are not everybody equal before law ?
Q77. do the judiciary subject , all the cases handled by accussed / tainted , guilty judges to review , to undo past unjust judgements ?
Q78. how ? if not why ?
Q79. how do the judiciary monitor the net wealth growth of some judges including the wealth in the name of judge’s family members ?
Q80. do all the judges file their annual income , wealth statements on sworn affidavits to the higher judiciary ? defaulters how many ?
Q81. how does the judiciary verifies those statements ?
Q82. is such statements made public , on web ?
Q83. when the judgement of a lower court is turned down by the higher court , what action is initiated against lower court judge for making unjust judgement & meating out injustice ?
Q84. when allegations of corruption , misuse of office , etc against judges are made , why the accussed – judges are not subjected to tests like “poly graph , lie detector , brain mapping , etc” , in the interest of justice & truth ?
Q85. judges are not employees of government , so they are ineligible to be the members of “Karnataka state government judicial department house building co-operative society”. Then how come , many judges including supreme court judges are admitted as members of this society & allotted prime residential site worth crores of rupees for a few thousands by the said society at said society’s – judicial layout , yelahanka , Bangalore ? while the ordinary members like peons , clerks in judicial department are waiting for a site since years , is not the whole thing grossly illegal ?
Q86. in more than 70% of cases before all courts in India , central government or state government or government agency is one of the parties. How many judges or their family members , have received out of turn , favourable allotments of sites , gas agency , petrol pumps , etc by the government ? is not such allotments illegal ? what action ?
Q87. when a person under police custody or judicial custody suffer 3rd degree torture by police , is not the judge of the respective court which is handling that tortured person’s case responsible for it ?
Q88. has the higher judiciary legally prosecuted respective judges & the police officers for committing 3rd degree torture , on charges of attempt to murder & murder ? if not why ?
Q89. registrar , Mysore district & sessions court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADMN/A/10825/2003 dated 19/11/2003. Please furnish me the merit ranking list of selected candidates along with my merit ranking for the post of peon.
Q90. registrar , Bangalore city civil court , has called for the candidatures to various vacancies in that court from the public vide notification no : ADM-I(A)422/03 dated 19/05/2003. Please furnish me merit ranking list of selected candidates for the post of peon.
Q91. when a person doesn’t get adequate food , medical care while under police custody or judicial custody , is not the respective judge dealing that person’s case responsible for it ? what action ?
Q92. how judiciary is monitoring food & medical care to prisoners ?
Q93. numerous accussed persons are suffering in jail under judicial custody , for periods far exceeding the legally stipulated sentence periods. For example : a pick-pocketer is in jail for one year , the judge finds him guilty of offence & gives him 3 months sentence. What about the excess punishment of 9 months. Is not the judge responsible for the illegal , excess punishment of the convict ? what action against the judge in such cases ?
Q94. numerous innocents suffer in jail for years & finally the judge finds them as innocents & acquits them of the charges. What about the prison sentence , the innocent has already served ? is not the judge responsible for this illegal , unjust punishment to an innocent ? remedy ? what action against the judge ?
Q95. does the privileges of judges cover both their official actions & the actions arising out of misuse of office ?
Q96. does the privileges of judges cover both their official actions as judges & their personal actions as individuals ?
Q97. are the fundamental rights of citizens supreme or the privileges of judges , constitutional functionaries supreme ?
Q98. what is the criteria adopted for promotion of judges ?
Q99. what is the criteria adopted for appointment of advocates from bar , as the judges ?
Q100. what is the criteria adopted for appointment of retired judges , as governors of states , members or as chairman of commissions , etc ?
Q101. how many judges belonging to oppressed classes – scheduled caste , scheduled tribe , other backward classes , minorities & women are their in supreme court , state high courts & subordinate courts ? kindly provide specific figures .
Q102. what are the legal measures enforced by judiciary , to enforce the accountability of judges & to check corruption in judiciary ?
Q103. are not these measures a failure , looking at present state of affairs of judiciary ?
Q104. does the judges arrange for distribution of alchoholic drinks at the official meetings , parties , at the tax payer’s expense ?
Q105. does any judges have included their consumption of alchoholic drinks , in their hotel bill & claimed traveling allowance ?
Q106. what action has been taken against – selectors ie Karnataka high court judges & newly selected women judges involved in roost resort scandal in Mysore , Karnataka ?
Q107. when common people / tax payers & even government employees are not getting proper health care from government at government hospitals. Is it right & just to provide premium health care to judges , constitutional functionaries at 5-star private hospitals in India , abroad , all at tax payer’s expense ?
Q108. are the judges subjected to periodical health check-ups to ascertain their health , mental faculties & mental balance in the midst of all work pressures , emotional tensions ?
Q109. what is the criteria adopted by judiciary for accepting applications seeking public interest litigations ?
Q110. why numerous appeals for PIL by me , were not considered ?
Q111. what is the criteria adopted by judiciary , for appointing “amicus curie” in a case ?
Q112. why my appeal to honourable supreme court , to make me as an “amicus curie” in late P.M Rajiv Gandhi’s assassination case , was not considered by the court ?
Q113. what is the criteria adopted by judiciary , for initiating suo-motto action ?
Q114. numerous cases of injustices are reported in the media daily , with supporting evidences . why not the judiciary take suo-motto action in all such cases ?
Q115. legal aid boards pre-judge the cases in the name of taking legal opinion , before providing legal aid to the needy ? is it not needy person’s rights violation ?
Q116. is not the safety of witnesses , parties in cases responsibility of the court , both during hearing of the case & afterwards ?
Q117. is the use of 3rd degree torture by police on prisoners , during the police custody / judicial custody / prison sentence right ? what action ?
Q118. when the corrupt police officer & government prosecution advocate together cover-up evidences , conducts improper investigation intentionally to fail the case – to cover-up rich crooks , high & mighty people , what action judge takes in such cases ?
Q119. how does the judiciary monitor the wealth growth of police , government advoctes , tax officials , officials of licensing authorities , to ensure proper & fair prosecution of cases against rich & mighty ?
Q120. what are the status of appeals made by human rights activist NAGARAJ.M.R. to the honourable supreme court of India ?
Q121. corruption is rampant for selection of officers to quasi-judicial positions like district / taluk magistrates , tax officers , revenue officers , land acquisition officers , etc. how the judiciary monitors over their quasi-judicial actions ?
Q122. subject to conditions , I , NAGARAJ.M.R. , editor , e-voice of human rights watch , do offer my free services to honourable supreme court of India , to apprehend corrupt judges , are you – the honourable court ready to utilize it ?
Q123. what are the status of my appeals , sent to the honourable supreme court of India , through government of india’s on-line grievance system ( DPG & DARPG ) :
DPG/M/2006/80008 , DARPG/E/2006/00057, DARPG/E/2006/00225 , DPG/M/2006/80021 , DARPG/E/2006/00253 , DPG/M/2006/80032 , DARPG/E/2006/01149 , DPG/M/2006/80047 , DARPG/E/2006/01164 , DPG/M/2006/80043 , DPG/M/2006/80085 , DARPG/E/2006/06704 , DARPG/E/2006/07017 , DARPG/E/2006/07018 , DPG/M/2006/80159 , DPG/M/2006/80162 , DARPG/E/2006/07864 , DPG/M/2006/80165 , DARPG/E/2006/07877 , DPG/M/2006/80167 , DARPG/E/2006/08028 , DARPG/E/2006/08029 , DARPG/E/2006/08032 , DARPG/E/2006/08043 , DARPG/E/2006/08044 , DPG/M/2006/80174 , DPG/M/2006/80193 , DARPG/E/2007/00044 , DPG/M/2007/80003 , DPG/M/2007/80010 , DARPG/E/2007/00164 , DARPG/E/2007/00165 , DPG/M/2007/80014 , DPG/M/2007/80025 , DPG/M/2007/80049 , DPG/M/2007/80055 , DPG/M/2007/80056 , DPG/M/2007/80078 , DPG/M/2007/80082 , DARPG/E/2007/02618
Q124. the appeals made to the honourable supreme court of India , copies of which are available at following web pages
http://groups.yahoo.com/group/naghrw/message/182 ,
http://groups.yahoo.com/group/naghrw/message/206 ,
http://groups.yahoo.com/group/naghrw/message/208 ,
http://groups.yahoo.com/group/naghrw/message/212 ,
http://groups.yahoo.com/group/naghrw/message/209 ,
http://groups.yahoo.com/group/naghrw
what are the status of those appeals ?
Q125. in the media , we have seen reports about judges committing crimes – rape , attempt to murder , swindling government money , untouchability practice , the disrespect to national flag , sale of judicial orders , bail , receipt of monetary gains by way of royalty for books , prime real estate purchase at discounted rate , taking round about long foreign tours along with family in the name of official work , etc. by this way , judges themselves are making contempt of court , constitution of India & citizens of India. How you are protecting the honour of the judiciary , constitution of India & citizens of India ? please answer.
Q126. Is the government giving any facilities / affirmative actions to policemen’s family as being given to defense personnel , ex-servicemen & their families , like preferential site allotment , lpg agency , ration depot , reservation in college admission , soft bank loans , etc ?
Q126. if not , why ? after all , the contribution of police to national security is on par with defense forces.
Q127. is not some high police officials addressing their subordinates in singular term , abusing them with vulgar words wrong ?
Q128. is not some police personnel calling public with singular term, abusing public with vulgar words wrong ?
Q129. is it not the duty of prison authorities to protect the health, lives of prison in-mates ?
Q130.what action is taken against police personnel who wrongly charged an innocent person of criminal acts , resulting in his confinement in jail , finally acquitted by court as found to be innocent ?
Q131. is it not right to with hold salary , gratuity , pension to such guilty police personnel & pay it as compensation to victims of police failures & atrocities ?
Q132. does our Indian constitution legally permit a citizen of foreign origin naturalized by marriage to an Indian or naturalized by option , to occupy any constitutional office ?
Q133. during british rule in india & various other british colonies , criminal cases were foisted against our freedom fighters in India & other british colonies. After india’s independence what happened to those cases ? did our Indian government close all such cases or did it continue with the prosecution ?
Q134. in how many cases GOI & other state government continued with the prosecution AGAINST OUR FREEDOM FIGHTERS ? why ?
Q135. what about the status of cases against shri.netaji subash Chandra bose ?
Q136. has GOI deported any freedom fighters to Britain or it’s colonies , to face prosecution after India gained independence ? HAS GOI RECEIVED ANY REQUEST FROM BRITAIN TO THAT EFFECT ? if yes , why , whom ?
Q.137. the honourable supreme court of India failed provide information to me as per my RTI request appeal no : 91 / 2007 in response to your letter no : F1 / RTI / A.91 / 2007 dt 13.12.07 , why ?
Q138 . the honourable union home secretary failed to give me information as per my rti request , he transferred my application to others , in turn they transferred the application to some others. Finally , complete truthful information was not given , why ? as the union home secretary has got copies of all those replies in response to transferred RTI application , will he send me a consolidated reply to my present RTI request ?
Q139. in a high profile case before the honourable delhi high court , we have seen how defense advocate mr. R.S.ANAND & prosecution advocate mr. I.U.KHAN made a secret pact to win the case in favour of rich criminal , totally manipulating prosecution witnesses , evidences & prosecution stand , totally making mockery of justice system . how you are ensuring the delivery of justice , there being numerous such advocates in practice ?
Q140. Smt. Sonia Gandhi is person of foreign origin , she wields enormous clout more than the Prime Minister himself over the government of India being the chair person of UPA. Is she legally permitted to summon confidential official records , minutes of the cabinet , to hold the cabinet meeting of union ministers ?
Q141. As per law , is she permitted to hold constitutional offices like prime minister of India or president of India , etc ?
Q.142. What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

Q143. What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

Q144. What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

Q145. Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

Q146. Are the privileges defined & codified ?

Q147. Are these privileges above freedom of the press ?

Q148. Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

Q149. Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

Q150. Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

Q151. Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

Q152. Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

Q153. Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

Q154. Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official’s secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges

Q155. Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

Q156. By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer’s money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

Q157. Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

Q158. If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

Q159. While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

Q160. Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

Q161. Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

Q162. Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation” ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

Q163. What is the criteria for admitting a P.I.L. & giving free legal aid ?

Q164. Communication – free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?
Q165. Recently , while assuming office as honourable chief justice of Karnataka , justice. P.D.DINAKAR , gave a blanket withdrawal of all internal departmental enquiries against approximately 200 judges , is it just & legal ? give me the names of accused judges & description of charges against them ?
Q166. does it not show that judges are more equal than others ?
Q167. who are involved in PF scam ? what action against guilty judges ?
Q168. Why you did not give information to me as per RTI Act inspite of appeal ? refer. F1/RTI/A91/2007.
Q169. Almost a year ago , in the Karnataka state new chief justice of Karnataka high court honble Mr.Dinakar (now elevated to supreme court of India) just on assuming offices within hours scrapped disciplinary inquiry proceedings against 200+ erring judges. In such a short time no human being can study all the cases in detail , then how come he arrived at this vital decision in such short time? Who are those 200+ judges facing enquiry ?
Q170 .Recently in the Karnataka state , high court found out that a district judge without conducting hearings properly , entering fictious dates of hearings (which happens to be government holidays ) facilitated in exonerating a top politician . has the court enquired into the previous judgements of the accussed judge ? did it find any wrongdoings?
Q171. As per law , while on duty a person should not be drunk , under the influence of alchohol , as it limits the functioning of his senses & brain. That is why the acts & sayings of drunkards , committed / said when they are drunk are not taken seriously. However most of the police officers after evening hours are drunk , in that state only they apprehend many suspects & produce those suspects at the residences of magistrates before magistrate during wee hours / night. Some of of the judges are also drunk during that time. Does the senses of drunken police & judges work properly to do their respective duties in identifying criminals , apprehending them & to issue judicial orders. Are these actions of police & judges in drunken state legal ?

Q 172 . What action  has been taken in bhopal gas leak case against the guilty police officials who changed the charge sheet against union carbide officials ?

Q 173 . What action has been taken against guilty police officials , district magistrate , state ministers & central ministers who fully aided the criminals – Union Carbide official  Mr. Anderson to escape law , to jump bail  & flee the country without court’s permission ?

Q 174 . What action has been taken against the above said guilty with respect to their contempt of court  & for aiding a criminal to escape ?

Q 175. What action has been taken against the chief justice of India , who changed the legal clause under which the guilty should be tried ?  what action has been taken against the CJI who  became an official of the  trust belonging to the criminal ?

Q 176 . What action has been taken against the Indian Public servant who decided to withdraw cases from US Courts with respect to Bhopal gas tragedy ?

Q 177 . What action has been taken against the state labour department & pollution control board officials who have failed in their duties , inspite of earlier warnings by journalists ?

Q 178 . What action has been taken against state cabinet ministers who decided the quantum of compensation money to favour the criminal although they don’t have right to do so ?

Q 179 . What action has been taken against Presiding Judge of the trial court , Chief Justice of India , state police officials , public prosecutors & Central Bureau of Investigation officials who kept quite all along and didn’t  press for the extradition of the criminal Mr.Anderson , for  producing the criminal accussed no.1 before the trial court ?

Q 180 . Is it not SHAMEFUL for the judiciary , police , government officials & people’s representatives who became part of Operation Crime Hush Up & aided criminals responsible for ghastly murders of  thousands & maiming of lakhs of hapless public in Bhopal Gas Leak Tragedy?

Q 181 . Are these Corrupt Police , corrupt judges , corrupt ministers , corrupt  labour / pollution control board officials  HUMAN BEINGS ?
Q  182    Why  police are  not registering my complaint   against  CJI & other VVIPS ,Even after years ?
Q   183   don’t the  police of vijayanagar police station mysore have legal  jurisdiction  to register  the case  against these VVIPs ? or  just  because the criminals happens to be VVIPs  ,they  are  not booked  by police? If the  said  police don’t have  legal jurisdiction to book  these VVIPs , they should have  transferred the complaint  to  those authorities who have jurisdiction &   authority to book  & prosecute   these  VVIPs , but not done  so , why ?
Q  184  are not all these actions , of  VVIPs & police amounting to  cover up of crimes & criminals ? are  not  these cover ups itself is a crime ?
Q  185.  Even an appeal for justice by post card must be treated as PIL by courts of justice . however my appeals  for justice  concerning public welfare , national security  sent  through  post , e-mail  to supreme court of india are not admitted as Public interest litigation , why ?  does  not these acts of Supreme court amount to aiding criminals , anti nationals?
Q 186   Are not  the honourable chief justice of india  together  with the jurisdictional police & Revenue district magistrate  responsible  to protect  the  fundamental & human rights  of people ?  why the CJI , Mysore DC & Jurisdictional Police  have failed to protect the fundamental & human rights of  people  including mine ? For all the previous injustices I have suffered at the hands of the criminal nexus  Honourable CJI , Mysore revenue district magistrate & jurisdictional police  are  together responsible , if anything untoward happens to me or to my family members or to my dependents the quartet  – Honourable Chief Justice of India , Honourable District Magistrate , Mysore , Honourable Police Commissioner of Mysore city & Circle Inspector of police , vijayanagar police station  , mysore  will be responsible .

These corrupt  parasites will feel  , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In  whose  Court of justice  MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

 

 

YEAR TO WHICH ABOVE PERTAINS : MAJORITY OF DOCUMENTS PERTAINS TO YEAR 1991-2012 . SOME OF THE DOCUMENTS ARE DATED BACK TO 1947.

 

PUBLIC INFORMATION OFFICERs who failed to provide information and shielding criminals ,  anti nationals :

1. PIO , O/O Honorable Chief Justice of India , Supreme Court of India , New Delhi.

2. PIO , O/O  H.E.Honorable President of India , Rashtrapathi Bhawan , New Delhi.

3. PIO O/O Honorable Speaker of Lok Sabha , GOI , New Delhi.

4. PIO O/O Dy Chairman of Rajya Sabha , GOI , New Delhi.

5. PIO , O/O Union Home Minister ,GOI , New Delhi.

6. PIO , O/O H.E.Honorable Governor of Karnataka , Raj Bhawan , Bangalore.

7. PIO , O/O Honorable Chief Minister of Karnataka , CMO , Bangalore.

8. PIO , O/O DG & IG of Police , Government of Karnataka ,Police HQ , Bangalore.

 

Fees Paid :

1.                  IPO 08F 429306 for rupees ten only.

2.                  IPO  08F 429307 for rupees ten only.

3.                  IPO 08F 429308 for rupees ten only.

4.                  IPO 08F 429309 for rupees ten only.

5.                  IPO  08F 429310 for rupees ten only.

6.                  IPO 08F 430701   for rupees ten only .

7.                  IPO  08F 430702 for rupees ten only .

8.                  IPO  08F 430703 for rupees ten only. 

 

Enclosed :

1.                  Police Complaint dated 20.08.2012

2.                  Show Cause Notice Dated 20.08.2012

3.                  ABCD Lesson of Democracy.

 

DATE :  02.10.2012 ……………..………………………NAGARAJA.M.R.

 

PLACE : MYSORE , INDIA….. ……………………….( APPLICANT)

 

Editorial : Hang  Rapist  Judges  to  Lamp  Posts  –  JUDGES & SEXUAL CRIMES

 

At the outset , we express our whole hearted respects to the honest few public servants

in public service including judiciary & Police. However, the corrupt in public service don’t deserve

respect as individuals – as they are parasites in our legal system. Still we respect the

chairs they occupy but not the corrupt individuals.

All the following articles / issues , past cases of sexual assaults on women by judges (hushed up ?) , whole articles published in the weblinks mentioned

below forms part of this appeal. The term “JUDGE” mentioned throught includes all public

servants discharging judicial functions right from taluk magistrates , quasi-judicial

officers to Chief Justice of India.

Indian Legal / Judicial System is manipulated at various stages & is for sale. It is a SHAME.

The persons who raise their voice seeking justice are silenced in many ways. The

criminal nexus has already attempted to silence me in many ways . If anything untoward

happens to me or to my family members , my dependents , Honourable Chief Justice of

India together with jurisdictional police officer will be responsible for it.

Hereby, we do once again offer our conditional services to the honourable supreme court

of India & other government authorities, in apprehending criminals including corrupt

judges & police. Herewith , we once again appeal to the honourable supreme court of

India , to consider this as a PIL Appeal in public interest.

Consider the cases of sexual assault by JUDGES , POLICE on women . The JUDGES

have legal immunity with respect to their official duties, official actions but not their

individual actions amounting to CRIMES.

The public servants & the government must be role models in law abiding acts , for others

to emulate & follow. if a student makes a mistake it is excusable & can be corrected by

the teacher. if the teacher himself makes a mistake , all his students will do the same

mistake. if a thief steals , he can be caught , legally punished & reformed . if a police

himself commits crime , many thieves go scot- free under his patronage. even if a police ,

public servant commits a crime , he can be legally prosecuted & justice can be sought by

the aggrieved. just think , if a judge himself that too of apex court of the land itself

commits crime – violations of RTI Act , constitutional rights & human rights of public and

obstructs the public from performing their constitutional fundamental duties , what

happens ? it gives a booster dose to the rich & mighty , those in power , criminals in

public service to committ more crimes. that is exactly what is happenning in india. the

educated public must raise to the occassion & peacefully , democratically must oppose

this criminalisation of judiciary , public service. then alone , we can build a RAM RAJYA OF MAHATMA GANDHI’S DREAM.

 

Hereby , we request the honourable court to reopen all hushed up old cases of sexual assault involving judges  and to punish the guilty judges.

 

Read Is CHIEF JUSTICE OF INDIA above LAW ???

https://sites.google.com/site/sosevoiceforjustice/chief-justice-above-law  ,

 

Law student sexually harassed by ex-Supreme Court judge:  case is not unique, but speaking out is nearly impossible

 

http://www.legallyindia.com/201311114099/Interviews/sexual-harassment-supreme-court-is-common  ,

 

In India , corruption , favouritism is prevalent in all recriutment / selection processes. The selection is made on bribe , caste , religion but definitely NOT on the basis of Merit & Integrity. The selection to the posts of even Supreme court Judges , quasi judicial officers like district magistrates , taluk magistrates , police , etc is  not above board. For example  we have recently seen the  illegalities  in KPSC  interviews selecting  gazetted officers  to government of karnataka service. These tainted , ineligible unfit  waste body candidates who get selected as  judges , police through devious means  sell their judicial orders , executive orders , police orders for a price. The denotfications of government lands , etc  as in the case of Mysore  DC  Vastrad , as in the case of Neglect of Hebbal  Lake &, BEML Quarters Lake Encroachment by DC Manivannan , as in the case of Land irregularities by Bangalore DC Aiyyappa , changing the penal clause  of penal  charges to favour the criminal  as in the case of  union carbide’s warren Anderson from mass murder to  improper management of the facility ,  as in the case of Sanjay dutt  from TADA charges to illegal possession of arms  , etc.  The police for a price fix innocents , file B reports  favouring the criminals to close the case ,  prefer not to file an appeal in the  higher court , etc. As in the case of Bofors , as in the case of past SP  of chamarajanagar Puttaswamy taking bribe from a granite quarry owner  for filing B-report in a case. Disgracefully , recently a judge  tainted in  MYSORE  ROOST  RESORT  SEX  SCANDAL  was  promoted  as  a  supreme court  judge. What Justice common folk can expect from these corrupt bodies ? They turn illegalities into legal issues by their orders. These CORRUPT  Judges , Police , District Magistrates , Taluk Magistrates are doing more damage to India’s  Unity & Integrity  than the  Naxalites & Terrorists. These corrupt public servants must be put behind bars together with terrorists & naxalites. Let the sense prevail & Democracy prosper. The Honest few in Judiciary , Police & Executive must raise upto the occasion to SAVE DEMOCRACY & to  kick out their corrupt colleagues from office.

 

 

Your’s Sincerely ,

Nagaraja.M.R.

 

 

 

Supreme Court zeroes in on ‘harass’ judge; support for disclosure grows CJI lauded for probe order

R. BALAJI

 

New Delhi, Nov. 15: The Supreme Court appears to have identified the former judge who is accused of sexually assaulting at least two law interns while in office, sometime about two years ago.

On the Chief Justice of India’s directions, the court registry has checked the intern-assignment records relating to judges who retired in the past two years, sources told The Telegraph.

They said that while convention demanded that an intern work with a particular judge for only a month, the accused judge seemed to have insisted that the women interns work with him for six months.

According to the sources, the feeling among the higher judiciary is that the judge should be named, if only to end the speculation about the other judges who retired recently. So far, the accused judge has not been named.

Legal experts have complimented the Chief Justice for setting up a three-judge panel to probe the allegations after one intern came out with sexual assault charges on November 6. Since then, a second intern has made similar accusations against the same judge.

Such a panel has no precedent in the Supreme Court’s history, nor has any sitting or former apex court judge ever faced charges of sexual harassment at the workplace before.

Legal experts said the Constitution had no provision for the apex court setting up such a committee but added that the top court could certainly do so under the extraordinary powers granted to it by Article 142.

What the committee will do is question the first intern (she has been requested to appear before it on Monday, November 18) and then confront the accused judge.

If the panel prima facie finds truth in the allegations, it can direct the police to register an FIR. A PTI report said police have initiated a preliminary probe into the case.

If the judge is convicted of assaulting or using criminal force with intent to outrage a woman’s modesty (molesting her), he can be jailed for two years. A rape conviction can put him behind bars for life or at least 10 years.

The Judges Protection Act 1985 grants judges and former judges immunity from prosecution for actions committed in the discharge of their official duties. The immunity does not apply to cases of molestation or rape as such offences cannot conceivably be a fallout of a judge performing his job, legal experts said.

“(Even) if the offence was committed while he was a sitting judge, he is amenable to all the laws of the country that apply to all ordinary citizens,” said Jaspal Singh, a former Punjab and Haryana High Court judge who now practises as a lawyer in the Supreme Court.

“The allegations are very serious; the law will take its own course,” he added.

Asked if the judges’ panel had judicial sanctity, Singh said: “(Such) charges against a judge of the Supreme Court are a very serious matter. They involve the institution and therefore they (the court) want to verify the charges before taking any action.”

Senior counsel Dushyant Dave said the CJI had done “an extremely good thing” by forming the panel to probe a “brother judge”.

“That this is an in-house committee owes not to any legal requirement but more to propriety,” he said.

He added that the police must not act unless and until the panel asked them to register an FIR, for neither has the accused been identified yet, nor has any of the interns lodged a formal complaint.

“If any third party has lodged a complaint without proper material, it makes no sense,” Dave said.

He added: “It’s a very serious charge; the judge concerned has to face the music.”

 

Nothing but the truth
By Indira Jaising


A midst the rising din of the demand for death penalty for rapists comes the news that three judges of the Karnataka High Court have been involved in what has come to be described as a ‘sex scandal’ on the outskirts of Mysore at a place called Roost Resorts.
Our attention is now directed to those who dispense justice rather than those who knock at the doors of justice. In both cases, we are talking about the use and abuse of women — those who are victims of sexual abuse, and those who are used as sexual objects, willingly or unwillingly.
After the reports in local newspapers that three high court judges were found with women at a resort, there was the usual crop of denials. Although the Mysore police were called in to settle a brawl, on being told that the persons in question were judges they said that they heard no evil and saw no evil.
And everyone thought the matter ended there.
Attempts to get the names of the judges or of the women in question drew a blank. The bar association also drew a blank as most people said, “Don’t quote me… but…”
On November 30, the Bangalore edition of The Times of India published a front-page story giving the names and photographs of the three judges and confirming that the Intelligence Bureau had done an investigation and come to the conclusion that the incident had indeed occurred. There were still no details of the incident, though it was stated that the report has been given to the chief justice of India.
There were reports on the same day that the Karnataka High Court chief justice had sought the transfer of the three judges to Patna, Jammu and Kashmir and Guwahati. Apparently, the chief justice has agreed to this request and the transfer orders have been issued.
Then came the news that the chief justice of India has set up a committee of inquiry under the ‘in-house’ procedure consisting of the chief justice of the Andhra Pradesh High Court, the chief justice of the Madras High Court and the chief justice of the Patna High Court.
There were still no details in the press about the actual incident and the entire episode continued to be referred to as a ‘sex scandal’.
What is interesting about these reports is not what they reveal, but what they conceal. It is a conspiracy of silence. If the information is now available to the chief justice of India, why is it not being made public? Do we, the public, not have the right to information? Ironically, the morning newspapers brought the news that the Freedom of Information Act has been passed. What are the legitimate limits of the right to freedom of information and the requirement of keeping information a secret? This episode would make an interesting case study.
What exactly is at stake here? There is much that should concern the nation about the incident. This is not a case about the private morality of the judges, be that as it may, but about the abuse of office that they hold. What has not been made known is that the three women in question are women lawyers practising in their courts.
What is at stake here is the pollution of the stream of justice at its very source. There must be countless cases in which these women appeared before these very judges day in and day out of their routine practice. Can one honestly say that in such a situation justice is being done “without fear or favour”? Judges swear on oath of allegiance to “bear true faith” to the Constitution and do justice “without fear or favour”. How well have these judges honoured this oath?
What is at stake here is the cynical use of women as sexual commodities. The usual justifications have already begun making the rounds. If the women have not complained, what objection can anyone else have, it is asked. What is lost sight of is the fact that the judges are in a position of dominance vis-à-vis the women, in a position to do favours that pertain to their office.
What is at stake here is the cynical use of public office, the seat of justice, for personal petty gain. It is irrelevant whether the women consented or not. The usual blame game will now begin — blaming the victim rather than the perpetrator; the usual loose talk about the character of the woman in question; the usual attempt to cover up by diverting attention from the actual incident to the motives of those who brought the incident to light.
What is at stake here is the perception of women as sexual commodities by those who are responsible for sitting in judgment over cases brought for and on behalf of women.
The issues at stake here concern one half of Indians. With what faith can Indian women approach the courts demanding the right to equality, the right to be free from sexual harassment or rape and the right to live with dignity, if the persecution of judges who sit in judgment over them is non-negotiable?
In the circumstances, the suggested solution is worse than the offence — to transfer them to Patna, Guwahati and Jammu and Kashmir. Why these particular cities? Are they not an integral part of the country, or are they mere islands within the country that are considered ‘punishment postings’ where people are sent a la ‘crossing Kala Pani’ of the old days? To the credit of the Guwahati Bar Association, it protested against the proposed transfer.
The only decent thing to do is for the chief justice of India to disclose full details of the incident so that rumour-mongering comes to an end. This would be in the best interest of the judiciary itself.
As things stand, the rumours are making the rounds that there were more than three judges involved, that the women were professional call girls, many of which are baseless. We, the people, have the right to know. The conspiracy of silence must be broken.
The judges in question must neither be assigned any judicial functions pending an inquiry nor be transferred to sit in judgment over others. Two of the judges are stated to be additional judges. They must not be confirmed. If there is prima facie evidence against the one remaining judge, the chief justice must recommend his impeachment.
It is time for all concerned bar associations, bar councils and other male-dominated bodies of legal professionals to act and ensure that there is no cover-up. There is little point in showing sympathy to women in judgments and in seminar rooms, or in recommending the death penalty for rape if we cannot deal with the men who dispense justice.
There are contempt of court petitions pending in the Karnataka High Court against some of the publications for disclosing details of the incident. Civil society and women’s organisations must demand that justice is now done when it comes to the judges themselves.
The law of contempt can offer no solution to the crisis of credibility in the judiciary that this incident has thrown up. One positive aspect of the incident is that it is only after the chief justice of the high court issued a public notice inviting information that he received 20 representations, which led to the discovery of the truth.
Let the truth now be made public.

 

Judge accused of molesting 2 rape survivors in UP

 

A sitting judicial magistrate sexually assaulted them

 

UP: Two rape victims claim that a sitting judicial magistrate sexually assaulted them. The girls

alleged that when they went to the magistrate’s chamber to give their statement, he allegedly

made them strip and molested them.

One of the girls is a minor and the police have filed a complaint. The girls also claimed that the

judge threatened them to not speak of the incident to anyone.

Lawyers and the general public in Gonda launched a protest against the judge.

 

 

 

 

Another law intern alleges sexual harassment by a former SC judge

 

New Delhi: Another law intern has leveled allegations of sexual harassment against a former Supreme Court judge. A Supreme Court committee is already probing allegations made by another student and had asked her to appear before it.

Earlier, a woman lawyer had written a blog in which she charged a former Supreme Court judge of sexually harassing her, while she interned with him in 2012. The woman lawyer who completed her law degree from National University of Jurdicial Sciences, Kolkata wrote is her blog, “In Delhi at that time, interning during the winter vacations of my final year in the University, I dodged police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme Court judge whom I was working under during my penultimate semester. For my supposed diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless violating) from a man old enough to be my grandfather.”

She had also claimed that at least three other girls have also faced harassment by the same judge. The girl said that she had refrained from disclosing the details initially due to the high position that the judge held.

The Chief Justice of India said, “As the head of the institution, I am also concerned about the allegations and anxious whether the statement is true or not. The committee will go into the whole affair and find out the facts. We are taking steps and in cases of sexual harassment, we cannot take it lightly.”

 

Another law student who interned with the Supreme Court has accused a now-retired judge of sexually harassing her, barely a week after similar charges were levelled by another intern.

The latest allegations were made on a Facebook post on November 11 and reported by a law website, Legally India, on Thursday.

The same website had given the link to the first intern’s blog, describing her ordeal. The Supreme Court has appointed a three-judge panel to inquiry into her allegations and the victim has been asked to record her statement on November 18.

But unlike the first instance, the website this time has not given the link to the Facebook post or identified the woman. When contacted Kian Ganz, who reported both the incidents, told HT: “I got to know about the second intern’s experience with the judge through the Facebook post. However, I wasn’t able to confirm if she wanted to go public.”

The second victim, too, was an intern with the same judge, the website said. HT, however, could not confirm the claims or the allegations independently. The two women can’t be identified for legal reasons.

The excerpts uploaded on Legally India on Thursday quote the second intern as saying she was “at the receiving end of unsolicited sexual advance more than once”. Both the interns knew each other, the report claimed. 

“…. we kept attributing all the signs of leeriness to our hypersensitivity… We discussed innocuously said off-colour remarks and dismissed their creepiness because we really respected him [the judge], and the possibility seemed at odds with everything we knew about him, his ideas about feminism, patriarchy, social justice…,” the website quoted from the second intern’s post.

The first intern had alleged that the judge had misbehaved with other women interns as well.

The second intern said as much. “In this case, we spoke to other women… and found out that there was a history to such behaviour.”

“We also alerted some female senior faculty to the incident so that they would ensure that no female student was assigned work with him without being told to be on her guard.”

The website further quotes her as saying “he promised, incidentally, that he would never misbehave with another lady. Maybe it’s naiveté to believe him. Maybe it’s just youthful optimism. Being brave is tougher than it appears on the face of it, no?”

The post then goes on say that the judge “lost his RA’s [research assistants] and got a dressing down from a 23-year-old which should have come from his father.

“Why deprive girls from the chance to work with an illustrious mind because the mind is a little sick? A guy who gets the task would get a savvy CV and a better job opp (opportunity). We didn’t want girls to be left at a disadvantage,” the post, as uploaded on Legally India, read.

 

 

 

 

Law student sexually harassed by ex-Supreme Court judge: case is not unique, but speaking out is nearly impossible

 

A law graduate who recently blogged about how a retired Supreme Court judge sexually

assaulted her while she was his intern, says that the problem is real and not uncommon amongst

the judiciary and senior bar but that she sees few if any ways of tackling it.

Stella James, who graduated from NUJS Kolkata this year and now works at the NGO Natural

Justice, Lawyers for Communities and the Environment, wrote about an alleged incident of

physical, sexual assault by an unnamed, retired Supreme Court judge in late 2012.

In a post that was published on the blog of the NUJS Journal of Indian Law and Society on 6

November, she wrote about trying to come to terms with her experience of 24 December 2012,

Christmas Eve, ironically against the backdrop of the then-ongoing Delhi gang rape protests:

“In Delhi at that time, interning during the winter vacations of my final year in University, I dodged

police barricades and fatigue to go to the assistance of a highly reputed, recently retired Supreme

Court judge whom I was working under during my penultimate semester. For my supposed

diligence, I was rewarded with sexual assault (not physically injurious, but nevertheless

violating) from a man old enough to be my grandfather. I won’t go into the gory details, but suffice

it to say that long after I’d left the room, the memory remained, in fact, still remains, with me.”

“Frankly I was really shocked,” James tells Legally India in an interview today. “There’s this thing:

a person who is a Supreme Court judge – you don’t expect a Supreme Court judge to harass

somebody.”

However, she says that her experience was neither uncommon, nor merely restricted to the

judiciary: “I’ve heard of three other cases [of sexual harassment] by the same judge and I know of

at least four other girls who’ve faced harassment from other judges – not perhaps as [bad as

mine]: most of them were in the chambers of the judge and other people around, so it never gets

too bad.

“A girl I know faced continuous sexual harassment throughout and sexual advances, and actually

faced troubles through her work because of it.” And she says she’s heard of Supreme Court

senior counsel who have made passes at or have continuously harassed interns for longer

periods.

And though it is barely, if at all, known outside legal circles, it is a bit of an open secret or a “big

joke” within the profession, particularly among clerks and women working in the Supreme Court,

according to James.

“People in the Supreme Court kind of know,” she says. “I did my internship through the college

[recruitment process].” After beginning to share her experience with others in college, however,

James found that others had also faced similar problems with the same judge.

James’ reasons for not going public with the name of the judge or not lodging a formal complaint

are complex, both morally and practically. On the one hand, she wrote in the blog post:

“I bore, and still bear, no real ill-will towards the man, and had no desire to put his life’s work and

reputation in question. On the other hand, I felt I had a responsibility to ensure that other young

girls were not put in a similar situation. But I have been unable to find a solution that allows that.

Despite the heated public debates, despite a vast army of feminist vigilantes, despite new

criminal laws and sexual harassment laws, I have not found closure. The lack of such an

alternative led to my facing a crippling sense of intellectual and moral helplessness.”

“I’d worked for him for six months and he treated me really well for six months and has been

really kind to me,” James explains. “It was rather strange to me but I haven’t really forgiven him

for it… [But] I don’t know if I want to let myself – my impression of him as a person – be entirely

dictated by that act… My leeway to him isn’t because he’s had a shining career and all that – part

of it is that – [but] I’m not really sure I want to ruin somebody’s entire life because of that.”

“Once it gets out in the open that he’s harassed other girls,” James says, “people will only look at

him in that light.”

However, James admits that one other strong reason, which was not really touched upon in her

blog post, was concern about whether legal action would even have any effect. James had

managed to reach two of the other young women who were harassed by the same judge but

neither were willing to come forward in public, mostly out of fear. “They don’t really want to

jeopordise their careers,” James relates. “He’s a Supreme Court judge. If it’s going to be his word

against our word, he’s got more credibility, so to speak, of his words.”

And she adds that if she by herself had wanted to take legal action, it would probably not have

been possible. “There were no other witnesses, it was just me. It was a hotel room, [people] saw

me walking in voluntarily, saw me walking out very calmly. I didn’t even walk out [with] fear. At

that moment I felt I needed to walk out very calmly. I never mentioned anything the same day to

anybody.”

Apart from the evidentiary difficulty in proving the crime, the more serious problem for lawyers is

perhaps inherent in the profession itself. James said she had never heard of any official

harassment complaints within the legal profession or against any judges. And while Legally India

understands that sexual harassment complaints are at times made in law firms, most are handled

very delicately and quietly, with the firm encouraging informal resolution.

In courts, it is even worse, speculates James, in that there is usually no one you can realistically

complain to, unlike in a company or college structure where harassed by a boss or lecturer, for

example, and where she would have taken formal action in a similar incident. “Of course you can

file a criminal complaint [against a judge or lawyer] but that’s a whole different level.” And it is

also likely to impact your career.

“I know a friend of mine who was sexually harassed at the Karnataka high court,” says James.

That friend “wasn’t keeping it a secret” and telling lawyer friends about why she left the job with

that senior, and for two months afterwards she wasn’t able to find a job at the same court, being

asked about the incident in interviews after it dripped through the court’s grapevine (she

eventually found a job after deciding to evade the issue at interviews).

The mindset in such cases often is, “she created trouble for him, she’ll create trouble for us”,

speculates James.

She says she was also skeptical about the Supreme Court’s recently started sexual harassment

cell and guidelines improving matters considerably. “It is often one person’s word against another

person’s word, and a lot of people tend not to take the word” of a young lawyer against a senior

advocate who’s made his reputation for 10 to 15 years. “There is a balance of power thing going

on here.”

The only thing that James has been able to do, other than write the blog, is discuss the incident

with members of her alma mater, possibly de-listing the judge from the recruitment process so

that others are not exposed to similar experiences.

While James does feel that colleges have a responsibility to protect their students, she

acknowledges that it could be difficult. The judge in question has been closely associated with

her former college for a while by giving lectures and regularly taking on research assistants, so

whether faculty can take unequivocal action is not certain.

Nevertheless, James says that potentially recruitment committees of colleges could make a

difference. “I think at least – there should be some way, if not publicly then at least privately, kids

who go intern with a judge should know that this has happened before.”

James says that she was able to come forward, albeit without disclosing names, because of her

choice to work with an NGO with a possible view to entering academia at some point in her

career.

“I was a little afraid,” she admits. “The other friends I’ve spoken about, they are in positions where

these judges play an important role [at the Supreme Court or teaching in a college and they] are

afraid of jeopardising their careers. I don’t have such concerns here at Natural Justice – I have a

team that’s incredibly supportive, and three colleagues were first to read the blog post [before

publication].

“For me, the great thing is that I’m in an organisation where I know that if I come out in public

about it, we are 25 people, and I’m pretty sure I’ll have the entire team behind me.”

That lawyers elsewhere are unlikely or unable to protect their own from sexual harassment, is a

problem the profession will have to deal with sooner rather than later.

 

Update 12 November: The Chief Justice of India has decided to institute a three-member

judicial committee to probe the allegation.

 

 

JUDGE SENDING OBSCENE SMS TO WOMEN

 

Lucknow Taking cognisance of the allegation against a civil Judge (junior division) of

Budaun court that he sent obscene SMSes to a woman lecturer, the Registrar General of

Allahabad High Court today sought a report from the district judge into the matter.

The civil judge of Gunnor sub-division court of Budaun — Pramod Kumar Gangwar— was

accused of sending obscene SMSes from his cellphone to a woman lecturer of Classic

College of Law, Bareilly. A lecturer of the same college, Vivek Gupta, was named in the FIR

lodged by the victim while Gangwar’s name surfaced in the primary investigation.

Registrar General Dinesh Gupta said, “The district judge of Budaun has been asked to

send a detailed report into the allegations. Appropriate action would be taken on the basis

of the report.”

District Judge Suresh Kumar Srivastava said, “I have asked the Bareilly district police to

send a report about the matter. The report on the basis of the police inquiry would be sent

to the Allahabad High Court Registrar General.”

“I am not aware about the matter, as the Bareilly police did not intimate me before initiating

the probe against the civil judge. They should have informed me when they had received

any such complaint,” the judge added.

Meanwhile, Bareilly CO II Raj Kumar, who is investigating the case, today recorded the

statement of the victim. “I have collected the call details of the cellphone used for sending

the SMSes, but I have yet to get the address of the person who is subscriber of the SIM

card,” he said.

“The probe is on to verify if the accused in the case were present on the location recorded

in the call details when the SMSes were sent. The details of the findings of the

investigation would be sent to the Budaun district court to seek the direction,” the CO

added.

Asked if the investigation was earlier conducted into the matter, Raj Kumar said, “The SP

(Crime) had initiated probe into the matter, but I am not aware if the investigation had

reached to any conclusion.”

The woman lecturer had lodged an FIR at the Mahila police station on Thursday alleging

she had received obscene SMSes on her cellphone involving her colleague Vivek Gupta.

The preliminary inquiry into the case by the police yesterday had found that the mobile

phone used in the crime belongs to the civil judge.

 

 

IB confirms Mysore Roost  Resort sex scandal

 

 

The Intelligence Bureau has provided the Centre with a detailed account of the escapade

involving three Karnataka High Court judges on November 3 in a resort on the outskirts of

Mysore, highly placed sources told The Times of India on Friday.

According to a senior official, “Most of the information sought has not only confirmed the veracity

of the incident but the government has crosschecked it with another police agency. Both the

reports match.”

The incident was widely reported in the media. What has surprised the Centre is the “dogged

refusal” of the Karnataka police to confirm the incident. “Mysore Police Commissioner C.

Chandrasekhar first denied that the incident ever took place. Only when a public notice was

issued through the high court registrar seeking information on the Mysore scandal, did the facts

come out in the open. Public protest helped a lot,” says the source.

What transpired at the resort, says the source, “cannot be expected from anyone in civil society,

leave alone persons sworn to upholding the law”. According to him, “The IB report consists of

unmentionable facts and also makes it amply clear that the Mysore incident is not the first time

such things have happened. Can anyone expect upholders of the law to pick a fight with people

who complained to the police when caught in a compromising position?”

In a related development, Karnataka High Court Chief Justice N.K. Jain has written to Chief

Justice of India Justice G.B. Pattanaik asking that three judges be transferred. Jain has proposed

that Justice N.S. Veerabhadraiah be transferred to the Patna High Court, Justice

Chandrasekharaiah to Jammu & Kashmir and Justice V. Gopala Gowda to the Gauhati High

Court.

While Jain is understood not to have given any reasons, highly placed sources say the proposal

for transfers is linked to the Mysore incident.

However, the source says that now the government is worried about the appropriate “remedial

measures”. In such cases, transferring a judge to a remote high court doesn’t always work. He

says, “Bar associations and the people of northeastern states were up in arms when some

judges of the Punjab and Haryana high courts were transferred there. We expect similar protests

if the CJI accepts Justice Jain’s proposal to transfer the three judges of the Karnataka High

Court.”

The Bar Council of India on Friday, while expressing its anguish at the Karnataka incident, called

for “follow-up action”.

“Unless prompt and appropriate action is taken, it will erode the faith of public in the only

institution considered to be the bastion of our fighting faith in democracy,” it said in a statement.

The BCI has “lamented” inaction in this case by “the higher judiciary and the government”.

 

Read more: IB confirms Mysore sex scandal – The Times of India  http://timesofindia.indiatimes.com/city/bangalore/IB-confirms-Mysore-sexscandal/articleshow/29801662.cms#ixzz1B7PtvFdU

 

 

Lokayukta: DC demanded sex from widow

 

 

In the midst of a national outrage over former Haryana DGP SPS Rathore molesting a teenager,

the Karnataka Lokayukta on Saturday made a startling revelation that the state government was

shielding a top bureaucrat who had demanded sexual favours from a young widow.

Lokayukta Justice Santosh Hegde disclosed that the official concerned, who was the deputy

commissioner of one of the districts when he demanded sex from the widow in return for

discharging his duties as public servant, has since been promoted to a senior position.

Justice Hegde, in the course of an interaction with journalists at the Deccan Herald office

Saturday afternoon, said the unnamed widow had dared the deputy commissioner and

approached the Lokayukta’s office with a complaint against the officer.

On examination of the complaint, the Lokayukta had found sufficient grounds to recommend to

the state government the suspension and prosecution of the DC concerned. The

recommendation was subsequently considered by the concerned department head as well as

the chief secretary and both endorsed it.

But, according to Justice Hegde, no action was initiated against the DC as the same official who

had endorsed the recommendation subsequently found no basis for initiating departmental action

against him. Instead, the official cleared the DC’s name for promotion in the super-scale.

Presently, the official holds a senior position in the government.

The widow, in her late 20s, had approached the DC with a representation to sort out some

problems. But she was shocked when the DC demanded sex.

Justice Hegde did not identify the official in question or the complainant. Nor did he offer to name

the district where the official was serving as deputy commissioner. But the incident has

happened sometime in the course of last three years as Justice Hegde took over as the

Lokayukta in mid-2006.

 

3-year jail term for ‘dirty’ judge

 

Family court judge Ramrao Gangaram Bhise attempted to get sexual favours from a housewife in

1997

Family court judge Ramrao Gangaram Bhise’s attempts to extract sexual favours, in addition to a

bribe, from a housewife, Alka Gaikwad — who had sought an increase in her monthly

maintenance allowance from her estranged husband, in 1997 — proved costly to him.

Pronouncing him guilty on both counts, the special court hearing anti-corruption bureau (ACB)

matters sentenced him to three years rigorous imprisonment and a collective fine of Rs55, 000,

on Monday.

According to the FIR in the case registered against Bhise by the ACB, Suryakant Gaikwad had

filed for divorce from his wife, Alka, before the Bandra family court. Alka, a housewife, in turn,

filed a petition seeking mutual cohabitation with her husband. The then family court judge, Meera

Khadakkar, directed the husband to pay her an interim maintenance allowance of Rs750 per

month.

Subsequently, in January 1997, Alka filed another application before the same family court (now

presided over by Bhise) seeking to increase the monthly maintenance amount to Rs3,500. “On

October 27, 1997, Bhise issued an interim order, increasing the maintenance allowance to

Rs2,000 to be paid by Suryakan to his estranged wife till the disposal of the case. Immediately

after issuing the order, Bhise asked Alka to meet him and gave her his residential telephone

number, asking her to call him when the court hours ended. He told her that he would ask her

husband to pay her a lump sum of Rs2 lakh in addition to the monthly maintenance, provided she

called him up,” the FIR states.

When she called up the judge at 7 pm the same day, Bhise told her that she would have to pay

him a sum of Rs2,000 in addition to granting his sexual favours if she wanted an order in her

favour. He also directed her to meet him at the Haji Ali bus stop with the bribe amount the

following evening.

“Alka approached the ACB, which sought permission from the Chief Justice of the Bombay High

Court before laying a trap on the first class judicial magistrate (Bhise). The HC while granting the

permission designated a court official to bear witness to the events leading to the trap. Alka,

under video camera surveillance of ACB sleuths, along with the court official and other women

witnesses met Bhise at 8.30 pm at the Haji Ali bus stop. Bhise took hold of Alka’s wrist and when

she protested, repeated his demands,” the FIR states.

Alka was then taken to a nearby hotel, Sharda, where the judge accepted the bribe amount. But

before he could do anything else, ACB sleuths swooped in and arrested him.

 

 

Rajasthan judge is indicted for seeking sexual favours

 

Chief Justice of India G B Pattanaik retires tonight and he doesn’t have much to write home about

on the unprecedented drive he launched to enforce judicial accountability.

After the PPSC scam fiasco, reported in The Indian Express today, comes the case of the

Rajasthan judge who has been indicted in a sex scandal and yet has escaped action—pending

another inquiry.

On December 14, a three-judge committee set up by Pattanaik confirmed the ‘‘involvement’’ of

Justice Arun Madan of the Rajasthan High Court in a proposition to a woman doctor to have sex

with him in exchange for a judicial favour.

The committee, headed by the Chief Justice of the Punjab and Haryana High Court Justice B K

Roy, submitted its report to Pattanaik, indicting Madan on a complaint made from Jodhpur by the

woman concerned, Sunita Malviya.

But Pattanaik has not announced any action against Madan. When contacted by The Indian

Express, Pattanaik confirmed that the committee had indicted Madan and his ‘‘bad reputation’’ in

seeking sexual favours in return for judicial ones.

However, Pattanaik said that no action was being taken since the committee had also mentioned

allegations of corruption against Madan. And so he had ordered a further inquiry by the same

committee into the corruption charges.

When asked what he did with the indictment of Madan in the sex scandal, Pattanaik said, ‘‘That

is on hold because I could not have taken piecemeal action against him….I am praying to God

that the final report will give some tangible material to take action.’’

Highly placed sources told The Indian Express that when the committee recorded statements last

week in Jodhpur of about 30 persons over four days, it also came to know of several allegations

of corruption against Madan and another judge of the same high court. The committee put these

on record as well.

Pattanaik said that when he summoned Madan to New Delhi last week, he did not raise the sex

scandal issue and instead limited himself to saying that he was ordering a further inquiry into

corruption allegations.

In effect, Pattanaik has now passed the Rajasthan buck to his successor Justice V N Khare.

The gist of Malviya’s complaint is that Madan made a sexual proposition to her in October

through a deputy registrar of the high court, Govind Kalwani, who said that the judge would help

her, in turn, get out of a criminal case booked against her.

With this, Pattanaik’s much-touted in-house judicial accountability seems to have hit a wall. The

first committee’s report into the PPSC scam exonerated one judge despite evidence and let two

others off with a mere slap on the wrist. The third committee is now busy probing the involvement

of judges in the Mysore sex scam.

 

 

Ten reasons why criminals in khaki get away

Siddharth Varadarajan

 

Behind every man like S.P.S. Rathore who abuses his authority stand the generals and

footsoldiers who help and support him. We need to take them all down.

S.P.S. Rathore, the criminal former top cop of Haryana, may appear alone today but we must

never forget that he was able to get away with the sexual molestation of a young child and the

illegal harassment of her family for 19 years because he had hundreds of men who supported

him in his effort to evade justice.

The fact that these men – fellow police officers, bureaucrats, politicians, lawyers, judges, school

administrators – were willing to bend the system to accommodate a man accused of molesting a

minor speaks volumes for the moral impoverishment of our establishment and country. Decent

societies shun those involved in sexual offences against children. Even criminals jailed for

`ordinary’ crimes like murder treat those serving time for molesting children as beyond the pale.

But in India, men like Rathore have their uses for their masters, so the system circles its wagons

and protects them.

The CBI’s appeal may lead to the enhancement of Rathore’s sentence and perhaps even the

slapping of abetment to suicide charges, since his young victim killed herself to put an end to the

criminal intimidation her family was being subjected to by Rathore and his men. But the systemic

rot which the case has exposed will not be remedied unless sustained public pressure is put on

Prime Minister Manmohan Singh and Union Home Minister P. Chidambaram, two men who have

it in their power to push for simple remedies in the way the Indian law enforcement and justice

delivery system works.

First, abolish the need for official, i.e. political sanction to prosecute bureaucrats, policemen and

security forces personnel when they are accused of committing crimes. The original intent behind

this built-in stay-out-of-jail card was to protect state functionaries from acts done in the course of

discharging their duties in good faith. Somewhere along the line, this has come to mean

protecting our custodians of law and order when they murder innocent civilians (eg. the infamous

Panchalthan case in Kashmir where the trial of army men indicted by the CBI for murdering five

villagers in 2000 still cannot take place because the Central government will not grant

permission), or assault or molest women and children. No civilised, democratic society grants

such impunity. It is disgusting to see former officials and bureaucrats from Haryana saying how

they had wanted Rathore prosecuted but were prevented from doing so because of pressure.

Such officials should either be made formally to testify in a criminal case against the politicians

who so pressured them or they should themselves be hauled up for perverting the course of

justice.

Second, stop talking about how making the police and army answerable to the law will somehow

demoralise their morale. Does anybody care about the morale of ordinary citizens any more? Or

the morale of upright police and army officers, who do not think it is right for their colleagues to be

able to get away with criminal acts?

Third, bring an end to the cosy relationship between the police and politicians. Rathore was

protected by four chief ministers of Haryana. He served them and they served him by ensuring

his unfettered rise. It is absurd that the Indian Police is still governed by a colonial-era Act dating

back to 1861. A number of commissions have made recommendations for reforming the police

over the years; but no government or political party wants to give up its ability to use and misuse

the police for their own benefit

Fourth, ensure that police officers who abuse their authority and engage in mala fide

prosecutions are dismissed from service and sentenced to jail for a long period of time. Mr.

Chidambaram should use the considerable resources at his command to find out who were the

policemen involved in filing 11 bogus cases against the teenaged brother of the young girl

Rathore molested. He should then make sure criminal proceedings are initiated against all of

them. The message must go out to every policeman in the country: If you abuse the law at the

behest of a superior, you will suffer legal consequences.

Fifth, ensure that criminal charges against law enforcement personnel are fast-tracked as a

matter of routine so that a powerful defendant is not able to use his position to delay proceedings

the way Rathore did for years on end. The destruction or disappearance of material evidence in

such cases must be treated as a grave offence with strict criminal liability imposed on the

individual responsible for breaking the chain of custody.

Sixth, empower the National Human Rights Commission with teeth so that police departments

and state governments cannot brush aside their orders as happened in the Rathore case. This

would also require appointing to the NHRC women and men who have a proven record of

defending human rights in their professional life, something that is done today only in the breach.

The attitude of the Manmohan Singh government to this commission and others like the National

Commission for Women (NCW) and National Commission for Minorities is shocking. Vacancies

are not filled for months on end.

Seventh, ensure the early enactment of pending legislation broadening the ambit of sexual

crimes, including sexual crimes against children. Between rape, defined as forced penetrative

sex, and the vague, Victorian-era crime of `outraging the modesty of a woman’, the Indian Penal

Code recognises no other form of sexual violence. As a result, all forms of sexual molestation

and assault short of rape attract fairly lenient punishment, of the kind Rathore got. In his case, the

judge did not even hand down the maximum sentence, citing concerns for the criminal’s age.

Sadly, he did not take into account the age of the victim and neither does the IPC, which fails to

distinguish between `outraging the modesty’ of an adult woman and a young child.

A draft law changing these provisions and bringing India into line with the rest of the modern

world has been pending with the NCW and Law Ministry for years. Perhaps the government may

now be shamed into pushing it through Parliament at the earliest.

Eighth, take steps to introduce a system of protection of witnesses and complainants. The fate

that the family of Rathore’s young victim had to endure is testament to the fact that people who

seek justice in India do so at their own peril.

Ninth, ensure that robust interrogation techniques like narco-analysis, which are routinely used

against other alleged criminals, are also employed against police officers accused of crimes.

Tenth, the media and the higher judiciary must also turn the light inward and ask themselves

whether they were also derelict in their duty. The Rathore case did not attract the kind of constant

media attention it deserved, nor do other cases involving serving police officers accused of

crimes against women, workers, peasants and minorities. As for the upper courts, their record is

too patchy to inspire confidence. It was, after all, the high court which chose to disregard the

CBI’s request for including abetment to suicide charges.

Keywords: Siddharth Varadarajan, S.P.S. Rathore, criminals, khaki, former DGP of

Haryana, custodians, sexual violence, NHRC

 

 

Porbandar judge accused of dowry harassment

 

A complaint has been filed against District and Sessions judge of Porbandar for allegedly

harassing his daughter-in-law for dowry, police said here on Sunday.

Darshana Dave, a native of Amreli, has filed a complaint against her husband Kinnar, father-inlaw

and district judge Arvind Dave, mother-in-law Pratibha and brother-in-law Prashant, the

police added.

Darshana married Kinnar two years ago. Her complaint says that she was harassed from the

beginning, and was even beaten up by the husband and in-laws, who were demanding Rs 10

lakh as dowry.

She has also alleged that she was thrown out of the house a few months back, and her husband

is now seeking divorce, the police said.

Amreli Superintendent of Police H R Muliyana confirmed to have received the complaint against

the judge and others. He said that action will be taken after verifying the complaint.

This is the second complaint related to dowry harassment filed against a judge in the state in the

recent past.

Earlier, a woman had filed a complaint against additional sessions judge of Jetpur after her

daughter and the judge’s wife committed suicide.

 

 

Gurgaon judge to also face dowry harassment charge

 

Gurgaon’s Chief Judicial Magistrate Ravneet Garg, booked for the murder of his wife, will also

face dowry harassment charge, police here said Monday.

Police have issued notices to the CJM’s father K.K. Garg and mother Rachna Garg, who have

also been named in the dowry harassment case.

The CJM’s father reached here Monday morning from Haryana’s Panchkula town and contacted

police, who wanted to question him.

“We had called CJM’s parents…K.K. Garg was questioned by special investigation team (SIT),”

Gurgaon Police Commissioner Alok Mittal said.

Mittal said on the basis of written complaint filed by the parents of the CJM’s wife Geetanjali,

penal sections of dowry harassment and extra-marital affair were included in the FIR lodged

against the CJM Saturday.

Geetanjali, 24, bore three bullet wounds – on her chin, chest and stomach – but no bullets were

found in her body that was recovered here Thursday. The CJM’s licensed firearm was found near

the body, police said.

Mittal said two bullets were seized from the scene of crime and would be sent for ballistic

examination Monday, a day after ballistic experts examined the crime spot.

“The SIT Sunday questioned two women relatives of Ravneet Garg for hours at his government

allotted house here in the Officers Colony,” said Mittal.

“We have asked CJM to produce supporting evidences to prove his statement,” he said.

The CJM allegedly said that his driver and domestic help may throw some light on his wife’s

death.

Judge Garg’s in-laws alleged that two cars were provided to the accused on his and his family’s

demand. Rs.2 lakh were also delivered to him at the time of the admission of his daughters in

school in May.

Geetanjali’s brother Pradeep Aggarwal Saturday lodged a first information report against Garg

and his parents, accusing them of murder.

“Ravneet and Geetanjali got married in November 2007. Everything was fine for a few years but

the attitude of Ravneet and his parents towards Geetanjali started changing after she delivered

two baby girls (now aged around four and a half and three years),” Aggarwal said in his

complaint.

He demanded a probe by the Central Bureau of Investigation (CBI) into his sister’s murder.

 

 

 

 

 

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RBI Governor + Mafia

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Bad debts: Write-offs big fraud, give us defaulter list, orders Supreme Court

The Supreme Court ordered RBI to share information about cases where loans amounting to Rs 500 crore and above have been written off by public sector banks.

 

Taking suo motu cognizance of The Indian Express report that Rs 1.14 lakh crore of bad loans had been written off by state-owned banks between 2013 and 2015, the Supreme Court Tuesday ordered the Reserve Bank of India (RBI) to share with it names of all defaulters who owe over Rs 500 crore and continue to lead “lavish lifestyle”.

 

“People are owing thousands of crore to the public banks… it is a big fraud. Top ten public sector banks have written off Rs 40,000 crore alone in 2015. It is all there in this Indian Express report. Public financial institutions are lending money despite knowing no returns. RBI is supposed to keep a watch on these banks. What are you doing about it?” a bench headed by Chief Justice T S Thakur asked Solicitor General Ranjit Kumar.

 

On February 9, The Indian Express reported that a RTI response from the RBI revealed that while bad loans stood at Rs 15,551 crore for the financial year ending March 2012, they shot up over three times to Rs 52,542 crore by the end of March 2015. The government has been trying to shore up public sector banks through equity capital and other measures even as bad loans written off between 2004 and 2015 amounted to more than Rs 2.11 lakh crore.

 

More than half such loans (Rs 1,14,182 crore) were waived between 2013 and 2015. Responding to the RTI application which had sought details of the biggest defaulters, whether individuals or business entities, whose bad debts to the tune of Rs 100 crore or more had been written off, the RBI said: “The required information is not available with us.” Banks are required to report the bad loans on a consolidated basis, it said.

 

On Tuesday, the Supreme Court bench, also comprising Justices R Banumathi and Uday U Lalit, directed the RBI to submit details of defaulters with debts over Rs 500 crore, rejecting the banking regulator’s argument that it will have to first check the policy on such disclosures. The court was hearing a PIL filed in 2003 by NGO CPIL regarding alleged irregularities in advancing loans by the Housing and Urban Development Corporation Limited (HUDCO) when its counsel Prashant Bhushan handed over The Indian Express report, pointing out that the problem of bad loans has assumed dangerous proportions.

 

After going through the report, the bench questioned the Solicitor General: “This report is based on RTI… it is not based on the reporter’s assumptions. NPA (non-performing assets) declaration is not unknown to any economy but one has to be prudent in advancing loans, and cautious and vigilant in recovering it. Are you happy in keep funding these companies who declare themselves as sick companies and they have lavish lifestyle?” Ranjit Kumar said the government is taking steps under the SARFAESI Act (Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act) whereby banks can recover loans in cases where NPAs are backed by securities charged to the bank by way of hypothecation or mortgage or assignment.

 

But the bench said: “Thousands of crore have been written off as bad debts on one day. You must recover that money. From this news report, it looks like a regular phenomenon. Thousands of crores are being written off every year and then you spend more money to recover money. Issue of bad debts is a general issue faced by public sector banks. This is plaguing all financial institutions, especially PSU banks.” It made RBI a party and issued notice, seeking details of defaulters where loans of Rs 500 crore and more have been restructured. When the RBI counsel said it would be difficult to adduce the list, the bench said: “You are supposed to keep a watch on these banks. What are you doing about keeping a watch if you don’t even have this information? You have a list of major defaulters who run empires and yet default. You file an affidavit showing extent of bad debts written off in last five years within six weeks.” It accepted the RBI counsel’s plea to let it submit the details in a sealed cover initially.

 

PIL – Stop Robberies @  RBI  by  bank staff

IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION

CRIMINAL WRIT PETITION NO. OF 2015

IN THE MATTER OF

NAGARAJA . M.R

editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
.
….Petitioner

Versus

Honourable Governor , Reserve Bank of India (RBI)  & Others

….Respondents

PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.

To ,
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.

MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
“Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed.” Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.

2. Eventhough , I have repeatedly appealed to RBI authorities since  years seeking justice regarding illegalities , irregularities  in  recruitment , currency handling , currency theft , etc @ RBI , they didn’t provide justice at all.

3. For a common man  it is a herculean task to get Rs.5000 loan from a  bank , but  rich & connected get lakhs , crores of rupees loan quite easily from banks , how ?

4. When a common man , farmer defaults to pay loan of few thousands of rupees bank immediately dispatches  loan recovery agents / Rowdies , seizes his property & auctions and recover their dues to last penny. Farmers are committing suicide unable to pay loans to escape from ignominy .

5. Huge companies get crores of rupees loan from banks eventhough basically the project report itself is at fault , not viable. Siphons off company  resources by insider trading to their sister concerns although bank representatives are very much their on the board of companies.

6 . Such companies default on loan dues to bank , but no recovery agents / rowdies are sent by banks. Finally the company becomes bust.

7. Bank looses money , the company  is declared as NON PERFORMING ASSET and government + bank  waives off interest or else loan itself.

8. End looser the public whose money went down the drain , profiteers – company promoters , executives and bank manager. No recovery from their personal , family properties why ?

2. Question(s) of Law:

Is it right for banks , government to let out fraudsters without criminal prosecution ?

3. Grounds:
Requests for equitable justice , Prosecution of master minds of financial frauds.

4. Averment:

Covering up Financial Frauds. Please read details at :

 https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the following cases to perform their duties & to answer the questions.

The Petitioner has sent many letters / appeals / petitions to supreme court of india & other courts through e-mail , DARPG website & through regular mail requesting them to consider those as PILs. But none ofthem were admitted , even acknowledgement for receipts were not given. See How duty conscious ,our judges are & see how our judges are sensitive towards life , liberty of citizens , commonmen & see howcareless our judges are towards anti national crimes , crimes worth crores of rupees. That the present petitioner has not filed any other petition (which are admitted by courts) in any High Court or the Supreme Court of India on the subject matter of the present petition.

PRAYER:
In the above premises, it is prayed that this Hon’ble Court may be pleased:


a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , RBI authorities  in the following cases to perform their duties & to answer the questions.
b . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.

c. To legally prosecute authorities of M/s RBI &  M/s BRBNMPL , who denied job opportunities to me under the behest of criminals responsible for late PM Rajiv Gandhi assassination case.

FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.

Kindly read full details at following web page :

https://sites.google.com/site/sosevoiceforjustice/rbi—robberer-s-bureau-of-india ,

https://evoiceofhumanrightswatch.wordpress.com/2015/07/19/rbi-robberers-bureau-of-india/  ,

Dated : 23rd July  2015 ………………….FILED BY: NAGARAJA.M.R.

Place : Mysuru , India…………………….PETITIONER-IN-PERSON 

 

ICICI Bank:True to its Motto, Khayal Aapka, ICICI Welcomes Tainted Money to Make It Clean

By Cobra Post

 

A countrywide undercover investigation by Cobrapost finds ICICI Bank committing gross violations of the Income Tax Act, FEMA, RBI regulations and the anti-Money Laundering Act. These activities render the vast assets it manages, the deposits it maintains, the profits it makes, and the spectacular growth it has registered, suspect.

It was an innocuous visit by a journalist to the bank. The proposition was not innocuous: A politician wants to invest a huge amount of money to make it “white.” Would ICICI Bank officials help?

A six-month long undercover investigation by Cobrapost, codenamed Operation Red Spider, found almost all officials of ICICI Bank bending over backwards to help sequester black money and make it white. Bankers in scores of ICICI branches, spread across the states of Rajasthan, Haryana, UT Chandigarh, Delhi, Uttar Pradesh, Andhra Pradesh, Tamil Nadu, Karnataka and Maharashtra were willing to help the Cobrapost reporter (posing as a relative of a fictitious politician) launder huge sums of ill-gotten money.

Living up to its Khayaal Aapka (We care for you) motto, almost all the officials of ICICI Bank, caught on camera, welcomed Associate Editor Syed Masroor Hasan. They suggested innumerable ways to convert black money into white: invest the black money in insurance, split the money in smaller chunks to avoid attention, open multiple accounts to make multiple invstments in different names, withdraw money after maturity and close the accounts. All this would serve the purpose of making the money legitimate without the Income Tax Department knowing.

The modus operandi the ICICI Bank officials suggested overall can be summarized as follows:

* Open an account to route the cash into the Bank’s menu of insurance products.
* Do it even without the mandatory PAN card.
* Split the money to invest in a diversified portfolio including gold.
* Invest in multiple instruments in the names of different individuals, not necessarily from among the family, to facilitate the investment of black money.
* Use dummy accounts to faceplate the conversion of black money.
* Get demand drafts made for the client either from their own bank or from other banks to facilitate investment without it showing up in the client’s account.
* Allot lockers for the safekeeping of the illegitimate cash.
* Personally come to the residence of the client to take the black money deal forward.
* Make a suitable profile for the client, such as showing him as an agriculturist or engaged in some businesses, so as to make the investment unquestionable.
* Help the client to transfer black money abroad either through NRE (Non-Resident External)/NRO (Non-Resident Ordinary) accounts or through means other than regular banking procedures.

Helping such bankers and insurers are certain loopholes in the system, such as Section 10-10 (D) and the provision of scrutiny of investments up to a period of 7 years, which are being used to clean customers’ money. But the Anti-Money Laundering Act clearly stipulates that any dubious transactions should be reported to the regulatory authorities and their records preserved for a period of 10 years.

Such was their eagerness to help that one ICICI Bank official who fell hook line and sinker for the fictitious story sold to him by the Cobrapost reporter, went about looking for ‘Vandana’, the invented wife of the invented politician and for the ‘Peeli Kothi’ in Noida, their fictitious home. As one official claimed: “Aisa hai Hindustan mein aisa nahin hai ki koi vyavastha na ho (In Hindustan, there is nothing which cannot be arranged).” Said another official: “Nahin toh kuch na kuch jugaad karte hain aapke liye (Otherwise, we will make some jugaad for you).” When asked if he could do it using some dummy accounts, yet another official offered: “Theek hai ghumate hain … ghoomega idhar se hi ghoomega (Alright, I will manipulate. It will be manipulated from here only).”

Since the start of its operations in 1994, ICICI Bank has emerged as the second largest bank in India, after SBI, with 2900 branches, a presence in 19 countries, and interests in life and general insurance, securities, and venture and asset management, among others. According to the information available on its websites, managing assets worth Rs. 4736.47 billion, the bank earned a profit of Rs. 64.65 billion in the fiscal year ending March 2012, a 20.3 per cent jump over the precious fiscal. What ICICI Bank has achieved in 19 years is phenomenal growth.
However, the revelations made by bank officials during Operation Red Spider raise questions about the bank’s methods, the culpability of the top brass in money laundering, and the failure of the regulatory authorities to monitor their activities.

 – See more at: http://cobrapost.com/index.php/news-detail?nid=102&cid=28#sthash.A3aucIV4.dpuf

 

 

HDFC Bank: Bank on Us to Make Black Money White

By  Cobra Post

 

A nationwide, undercover investigation across dozens of branches by Cobrapost reveals HDFC Bank is involved in extensive money laundering. The bank is blatantly violating various sections of the Income Tax Act, FEMA, RBI regulations and the Anti-Money Laundering Act, making the legitimacy of its deposits and its phenomenal profits and growth suspect.

It was a simple visit by a journalist, posing as a frontman of a politician, to the bank. So was its stated purpose: A huge amount of black money of the politician was to be invested with the bank. Would the officials help make it white? The rider: Under no circumstances should the politician be identified.

A six-month long undercover investigation by Cobrapost, codenamed Operation Red Spider, found dozens of officials of HDFC Bank, one of the oldest and most prestigious private banks in India, willing to help convert black money into “white”. Bankers across dozens of branches spread across the states of Rajasthan, Haryana, Delhi, Uttar Pradesh, West Bengal, Tamil Nadu and Karnataka, were willing to help our reporter (posing as a frontman for an imaginary politician) launder huge sums of illegitimate cash.

At almost all branches, the Cobrapost journalist got a red carpet welcome, with officials going out of way to suggest myriad ways of converting the black money into white, with the Income Tax Department never coming to know about it: invest the black money in insurance and gold; split the money in smaller lots to avoid attention; open multiple accounts with the bank and withdraw the money after maturity. Almost all the officials claimed they were old hands in helping customers turn black money into white.

Cumulatively, the modus operandi suggested by HDFC Bank officials to help launder a huge sum of the imaginary politician’s black money (source obviously criminal) was

* accept cash and invest it in the Bank’s menu of insurance products and gold;
* do it even without PAN card;
* keep the identity of the client secret;
* help the client to transfer black money abroad through remittance using “legal” methods;
* transfer the money telegraphically;
* open multiple accounts and close them at will to facilitate the investment of black money and withdrawal;
* get Demand Drafts made for the client from their own bank and other banks;
* allot lockers to the client to ensure the safe keeping for their illegitimate, scam-tainted cash;
personally collect the cash from the politician’s house.

All these acts constitute violations under various sections of the Income Tax Act, FEMA, RBI regulation and the Prevention of Money Laundering Act (PMLA) of 2002 which was promulgated to prevent the flow of money to groups or individuals who are a threat to the Indian state, its economy and social fabric.
Coming in handy for such acts are certain provisions, such as Section 10-10(D), which bankers and insurers use to help their customers to launder money. HDFC officials were so confident that they threw discretion to the winds while talking business with potential customers. As one official claimed: “HDFC baitha hi hua hai black money khane ke liye (HDFC has been set up to eat up all the black money).”
HDFC Bank began operations in 1995. In the 17 years of its existence, the bank has emerged as one the leading financial institutions in the private sector with interests in securities, mutual funds, realty, life insurance and financial services. According to information available on its websites, its deposits totaled Rs. 246,706 crore as of March, 2012. The bank has registered a more than threefold increase in its net profits – from Rs. 1590.12 crore in the fiscal ending March 2008 to Rs. 5164.96 crore in the fiscal ending March 2012. However, the information unearthed by Operation Red Spider throws doubt on the legitimacy of this growth story because it points to an illegitimacy of its deposits and therefore profits. In an ideal world where banks followed regulation and where regulators did their jobs, the story would have been different.

True to its dictum, We Know Your World, nobody knows the world of black money better than HDFC.

Listed below are the encounters Associate Editor Syed Masroor Hasan had in different HDFC branches:

 

 

– See more at: http://cobrapost.com/index.php/news-detail?nid=89&cid=27#sthash.Vq8BfSpR.dpuf

 

 

Top 10 Financial Scams in India

– Siddharth Singh

 

Financial scams have a habit of cropping up with an alarming regularity in the Indian financial system. We have reconciled to financial irregularities to such an extent that we simply do not pay heed to smaller scams that take place around us on a daily basis. I am, or rather was, a part of the financial machinery for a few years, and trust me, even the private sector is not entirely free of the machinations of unscrupulous and enterprising scamsters. The scope of the money involved multiplies manifold in the public sector, with a corresponding drop in accountability.

 

Financial Scamsters Are Rarely Punished

Despite a plethora of scams that surround us on a daily basis, frequently scams of large proportions come to light, and manage to stun even our jaded sensibilities. Then, there is the usual round of allegations, counter-allegations, enquiries and legislation. Some of our most notable regulations and financial institutions are the results of such scams.

I have compiled a list of ten leading financial scams in India, which have affected a large population of investors, and involved huge sums of money. They managed to shake the very foundations of our financial system, and were driven by that most basest of human instincts – GREED. In most cases, it was the greed of just one individual, or a very small group of individuals, who managed to pull of such huge scandals.

Insurance Scam – This scam had originated and prospered in the period immediately following Independence in 1947. At that time, the insurance sector was not nationalized, and a handful of private companies ruled the roost.  These companies were more concerned with providing benefits to selected industrialists, and ignored the interests of the common man. The government responded by nationalizing the insurance sector, and the LIC was founded under an special Act passed by the Parliament. This scam laid the foundation of the nationalization culture in India.

Securities Scam – Harshad Mehta – This is perhaps the most well known of all financial scams – probably because it happened in a highly visible period – economic reforms had just been started in 1991. Harshad Mehta was quick to understand the weaknesses of the banking system, and exploited these weaknesses to the hilt. He managed to procure huge amounts of money using the so called “Ready Forward” deals, and used this money to purchase large amounts of shares at hugely inflated prices. He earned the sobriquet of “Big Bull” due to this penchant. Later, the banks got a clue of his shady deals, and demanded their money back. The house of cards collapsed, and the rest, as they say, is history!

CRB Scam – This scam took place in the years 1992-1996, the period immediately following the Harshad Mehta fallout. This makes the scam even all the more daring and surprising. CR Bhansali, the perpetrator of this scam, floated more than 100 companies, such as CRB Mutual Funds and CRB Capital Markets. The primary purpose of these companies was to attract huge funds from the public by promising high rates of interest. This interest was later paid form further borrowings, and so on.  In 1995, the stock market collapsed, and this proved to be the undoing of CR Bhansali. He was investigated, and later arrested. After a brief 3-month stint in jail, he has disappeared without a trace, and nobody is asking!

UTI Scam – The UTI scam involved the flagship US-64 scheme of UTI, which was meant to channel the funds of small investors into instruments bearing high returns. Gradually, US-64 developed a investor base of around 2 crore investors. The economic liberalization in India, coupled with the absolute opacity in the operations of UTI, led to a situation wherein the Government was forced to announce a huge bailout of about Rs 3,500-4,000 crores in an order to prevent default in payments to the investors. The consequences of such a situation are unimaginable. But the story does not end here. Later, it turned out that the UTI Chairman appointed at this time, Mr P S Subramanyam, along with a couple of executive directors, acted wrongly to selectively benefit a powerful coterie of brokers and industrialists, while at the same time, jeopardizing the interest of lakhs of small investors.

Home Trade – Around the year 2000, a finance portal emerged on the financial landscape, and gained quick recognition on the back of endorsements by personalities like Hrithik Roshan, Sachin Tendulkar and Shahrukh Khan. The portal, owned by Sanjay Agarwal, claimed to deal in gilts. Soon, RBI got suspicious of activities of some cooperative banks in the gilt market, and a scam was uncovered. The same old saga – brokers and bankers combining to rob people of their hard earnings – was repeated. Funds from Seaman’s Provident Fund and PPF were affected. The total scam size was reported to be around Rs 300 crores, and more than Rs 200 crores were spent on publicity costs alone.

 

Ketan Parekh

Securities Scam – Ketan Parekh – That our system never learns its lessons was proved by this scam. Ketan Parkekh, a qualified CA, and a stock broker, identified a number of stocks (popularly called the K-10), and took up huge positions in these. For this purpose, he used a large number of Benami accounts and smaller stock exchanges, such as the Kolkata and Ahmedabad stock exchanges. He also borrowed heavily from banks such as Global Trust Bank and Madhavpura Mercantile Cooperative Bank. Unfortunately, he was stuck in a bear cartel, and was soon pounded to pulp on the stock exchange. The extent of the scam was estimated to be around Rs 1,500 crores.

 

Abdul Karim Telgi

Fake Stamp Papers – This scam promised to be the mother of all scams in India, with the initial reports quoting a figure of Rs 30,000 crores as the scam size. Later, RBI clarified that this figure was “rather exaggerated”, and the “correct” figure was around Rs 200 crores. Again, this scam exposes how the India system works – Mr Abdul Karim Telgi, the scam kingpin, paid bribes to get access to the security press in Nasik, where stamp papers and currency notes are printed. He later used this knowledge to print fake stamp papers. At the height of the scam, Telgi’s network spanned 14 states, 125 banks and more than 1,000 employees.

DSQ Software – Though this scam was modest in terms of money involved (only Rs 600 crores!), and did not affect the general public to a great extent, yet it is notable for how it came into being. The main player in the scam was Mr Dinesh Dalmia, who was the MD of DSQ Software Ltd. This company issued around 1.3 million shares in 2001, and these shares were allotted to four companies on a preferential basis. NSDL, a stock depository, dematerialized and helped in delivering the shares. Nothing wrong in that, except that the shares were not even listed on any stock exchange! Oops!

IPO Scam – A number of key operators, including corporate stock brokers such as Karvy and Indiabulls, were involved in the IPO scam that spanned the years 2004 – 2005. The modus operandi was simple – the operators would open thousands of fake accounts to purchase shares in IPOs, in the hope of selling later at huge profits. A spate of IPOs issued during this period were heavily oversubscribed due to this scam, sometimes by as much as 40 times!

Satyam – On a cold January morning in 2009, Ramalinga Raju, chairman of Satyam Computer Services, admitted to falsification in the company accounts and various other irregularities, and sent a chill down the collective spine of the Indian financial system. Coming on the back of the global recession, this incident promised to bust the Indian outsourcing industry and the stock market, but for some deft bailout work by the government. The matter is still under investigation and litigation, and the true extent of the scam will be known in the future, perhaps. Mr Raju himself had admitted to irregularities worth around Rs 12,000 crores.

An analysis of the scams reveals a common script  – greed, corruption, unscrupulous brokers, colluding bankers, irresponsible authorities and hapless investors, who refuse to learn their lessons. But then, these are the essential ingredients of a worthy financial scam!

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A brief about Top 10 Investment Scams in India

 

  1. The Securities Scam
    The capital market witnessed its foremost investment scandal in the form of securities scandal in the year 1992. It revealed the utter anarchy and lack of administration in the prevailing fiscal market. The money market at that time permitted funds to be relocated with impunity from financial institution and corporates into equity and consequently witnessed crores of bank’s capital to transfer into brokers’ account. This illegal market practice was later asserted as “legal and acknowledged”.

    In an attempt to punish the tricksters, a special court was initiated and scrutinized around 70 cases registered by CBI. Surprisingly, not even a single trickster was found guilty by the dreadfully sluggish judicial system. As a matter of fact, the scamsters made frequent attempts to re-enter the market with same set of traps and resulted in losses to investors.

  2. The IPO scam Soon after the entry of international organizational investors, the Control over Capital Issues was banned as the market saw heavy bull trend resulting in the revitalization of the secondary market from the previous scandals. The ban of Control over Capital Issues unlocked the prospects of massive scandal in Initial Public Offerings (IPO). The scam was executed in two parts; the first part was carried out by the firms that increased their market costs to incur profits in order to sponsor lucrative projects. The second part saw the unison of small time merchants, CAs, investment bankers and traders to hoist new firms and heave public capitals.

    The IPO scam prevailed for three long years from 1993-1996 and finally saw its downfall when the costs of the registered firm started deteriorating.

  3. Favored share scam
    The scandal was an outcome of the extensive cost fixing on the derivative market. Besides increasing fresh capital, advocates of Indian firms promptly coordinated general body authorizations to transfer shares to themselves on a privileged basis and at a considerable reduction to the market, thinking that the share prices would never see the ground. Conglomerates started this trend and accrued profits of nearly 55o crores until Securities and Exchange Board of India (SEBI) formulated strict guidelines to abandon the market practice.
  4. CRB’s cardboard scam
    The Rs 1000 crore finacial multinational named as Chain Roop Bhansali (CRB) was the only biggest firm and most impudent of all to benefit and disappear in the loosened market ambiance of mid-1990s. The services offered by his firm entailed FC collection, mutual fund, banking, etc. The clearances obtained by the firm for the trading of these services required sufficient inspection by SEBI and the RBI and the fact that they managed to qualify shows the supervisory weariness of the regulators. Facilitated by the clearances and profitable credit ranking, CRB accrued greater profits based on high value financing. The CRB collapse not only affected the investors but also the other finance firms.
  5. Plantation firms’ scam
    Since few firms in mid-90s were subject to no guidelines, the plantation companies during that time also got away with profit protrusions. The plantation firms projected themselves as a part of IPO and assured massive returns. The investors were lured and the companies accrued profits from fake campaigns of around Rs 8000 crores plus.
  6. Mutual Funds scam
    After several mutual fund scams, the UTI bailout reflected the lack of proper guidelines in the Indian capital market. Since UTI was initiated under its own regulations, it was the tax payers who suffered the loss of Rs 4800 crore in the process. After three years, the company was back purchasing Ketan Parekh’s controlled scrips and incurring massive losses in the process. The evidence of the private mutual funds performance has also been inconsistent after hitting the downfall in 1999 and 2000. It took a considerable amount of time for capital market to win back the trust of mutual fund investors.
  7. The 1998 scam
    The scamster of 1992 scam, Harshad Mehta came back with a bag of tricks again in 1998. This time he lured investors through a website by trading stock tips. His unremitting manipulation of several shares resulted in the much expected collapse of Bombay Stock Exchange.
  8. Home Trade scam
    Initiated in 2000, Home trade invested rs 24 crore in promotional campaigns to attract investors. The scam affected 8 co-operative banks that lost Rs.82 Crore in EPF scheme. The Chief Executive of Hometrade, Mr. Sanjay Aggarwal was convicted by Nagpur Police later.
  9. DSQ Software Scam
    In the year 2000 and 2001, the Managing Director of DSQ Software, Mr. Dinesh Dalmia, was held responsible for ambiguous mergers and prejudiced allocation of the amount of upto Rs.595 Crores. He was later convicted in the year 2006.
  10. Satyam Scam
    After manipulating the firm’s documents for several financial years, the former Chairman and Chief Executive of Satyam Computers, Mr.Ramalinga Raju, was arrested for committing scam, following unethical practice and forgery. He showed greater profits and committed fraud of Rs 700 crores.

 

The rupee-rouble scam–Part-I

UPA has much to explain
By Namit Verma

The whole story rests on the dual pricing of the rouble in India, even though this practice was given up elsewhere in the world after the collapse of the Soviet Union and Russia?s assimilation in the comity of free world economies.

Recent disclosures have, for the first time, brought out the full extent of the rupee-rouble scam which dominated the economic regime shift during the early nineties, at the start of the liberalisation process presided over by the then Finance Minister Manmohan Singh. Preparing to breakaway from the P.V. Narasimha Rao-led Congress government, Shri Arjun Singh had alleged in his historic Bhopal rally that the Narasimha Rao government was embroiled in scams and misappropriation to the tune of Rs. 80,000 crore. While this was reported in the media, it was not taken seriously, because the Indian masses did not believe that a fraud of such enormous magnitude was possible. In retrospect, it appears that the charges levelled by Shri Arjun Singh were wholly correct.

Understanding the new methodology of scams, which began during Dr Manmohan Singh?s first political tenure as Finance Minister of India, has become important because of the increasing regularity with which this method is being applied. The method involves effecting a regime change in the economic sphere. At the time of regime changes, there is greater tolerance for procedural irregularities in the name of incompatibility between succeeding regimes. This tolerance is used to systematically indulge in irregularities which are purported to be insignificant, but instead drain the national treasury of tens of thousands of crores of rupees. The secrecy surrounding these irregularities only makes the decision-makers? intent even more suspect.

The demise of the Union of Soviet Socialist Republics on 8 December 1991 led to upheavals across the world. The Soviet Union and its successors paid the price of the regime change. The economic cost of this regime change was borne almost entirely by constituents of that once great country. Not ally or protectorate was asked to share the burden of the collapse, not Cuba, not Poland, not Czechoslovakia, nor Yugoslavia. Only India volunteered to share the burden.

Strangely, the burden of the Soviet collapse, as shared by India, did not end up in Moscow; most of it ended up in numbered accounts in Switzerland. So did we share the burden of the Soviet collapse with that once friendly nation: obviously not. But we did share substantial proceeds out of the Indian GDP and government revenue in this guise. The question is, whom did we share this booty of tens of thousands of crores with? Were these merely book operations? In straight words, how many of these operations were phony operations? Worse, how many times were these real and phony operations inflated at the time of settling the bills? How was this scam rationalised inside government decision-making circles? And finally, who was the mastermind behind this loot of the Indian exchequer?

The whole story rests on the dual pricing of the rouble in India, even though this practice was given up elsewhere in the world after the collapse of the Soviet Union and Russia?s assimilation in the comity of free world economies.

When the Soviet polity collapsed, its economy and financial system also crashed. Not only were the Russians forced to correct the international value of their currency, they also had to contend with galloping inflation the like of which the world had never seen before, not even in the famed economic history book renderings of German inflation during and between the World Wars.

Soviet Union had been a major international player who had extended debts to various East Bloc and other friendly countries, including Cuba, Poland, India, et al. As their currency?s exchange rate collapsed to 1/5000th its value and even further to 1/15000th of its pre-December 1991 value, its international loan portfolio was accordingly revalued. Rather than collect a pittance compared to the original debt value, the successor state of the Soviet Union, viz the Commonwealth of Independent States, decided to write off the entire rouble debt. Thus the debt to Poland, Cuba and a host of other countries was written off.

At that point of time, India had the option of settling the entire Russian debt for a then current exchange rate determined total value of around 23 crore rupees. We did not do so. Even as great economist Dr Manmohan Singh presided over the Finance Ministry, we voluntarily offered to revalue the rouble debt. Instead of then current value of 23 crore we agreed to pay back the revalued debt in installments over several years in staggered installments. We ended up paying tens of thousands of crores out of the notional Vostro escrow accounts in the Reserve Bank of India.

Understanding this phenomenon is key to understanding how a significant part of the Indian GDP is creamed off by the top by corrupt Indian politicians, bureaucrats, businessmen and their foreign accomplices. 

 

** The Rupee-Rouble Scam – II

Manmohan knew it all along
The rupee-rouble scam–Part-II
By Namit Verma

Despite opposition from the other ministries concerned, Commerce, Defence and External Affairs; the Indian Finance Ministry under Dr Manmohan Singh and with the redoubtable team of flamboyant officers like Montek Singh Ahluwalia, N.K. Singh, N.P. Singh and A.K. Singh allowed Boris Yeltsin to unilaterally abrogate the 1978 protocol without any legal and/or compensatory financial recourse.

Ever heard of SISTEMA, or of NORILSK? They will outbid all competition to buy your stock, your company and your mineral reserves. Whether it be coveted telecom licenses or scarce mineral resources, nobody can withstand their purchasing power. But then, they have an advantage, they buy the rupee at a discount. Technically, at a 90 to 95 per cent discount; reportedly, after paying off their political, bureaucratic and central banking friends, at a 40 to 45 per cent discount. 

These companies are the progeny of Dr Manmohan Singh’s long career in the world of Indian finance. Few entrepreneurs could have sired such brilliant corporate children whose growth rate defied gravity. Fewer still could have nurtured such dreams in the tenuous world of governance and politics in a democracy. Yet, the vision and genius of Dr Manmohan Singh made these profit centre marvels possible, as he nurtured them in many capacities. 

As Secretary, Ministry of Finance, Department of Economic Affairs, Government of India, he masterminded the Intergovernmental Protocol of 25 November 1978 with the Union of Soviet Socialist Republics. Through the 1978 protocol, he arranged for the administered fixed parity of the rupee and the rouble to be replaced by a floating parity linked to western currencies. This led to the withdrawal of the Soviet Bloc’s back-channel access to western economic systems through the shock absorber Indian economy. 

Removal of the Indian buffer made the USSR vulnerable to the contradictions between its domestic and international trading sectors; thereby facilitating the West getting it’s foot in the door and bankrupting the Soviet treasury. Of course, the Soviet state with its enormous asset base couldn’t be bankrupted; yet, following this liquidity/monetary crisis, America friendly faces started emerging in key positions in the Union of Soviet Socialist Republics, setting up the dominoes for Mikhail Gorbachev to unleash, and Boris Yeltsin to collect upon. As Co-Chairman of the Indo-Soviet Joint Planning Group Meeting (1980-82), he authorised the Deferred Payments Protocol of 30 April 1981. 

This smokescreen has proved to be more an instrument of administered value inflation/revision of an ostensibly floating rouble, than a deferred payment agreement: contradictions abound. As leader of the Indian delegation to the Indo-Soviet Monitoring Group Meeting (1982), like an adept rural moneylender, he ensured self-inflating clauses in the revised protocol to ensure that the loan repayment would remain incomplete despite being paid back several times. 

As Minister of Finance, he authorised the Letters of Exchange dated 29 January 1993, to open unhindered access to India’s national treasury for Russian companies. By now, the political wheel had turned upside down in the erstwhile Soviet Union, and the US friendly Boris Yeltsin had taken over. 

Despite opposition from the other ministries concerned, Commerce, Defence and External Affairs; the Indian Finance Ministry under Dr Manmohan Singh and with the redoubtable team of flamboyant officers like Montek Singh Ahluwalia, N.K. Singh, N.P. Singh and A.K. Singh allowed Boris Yeltsin to unilaterally abrogate the 1978 protocol without any legal and/or compensatory financial recourse. We shall discuss these actions of the Government of India in greater detail in forthcoming paragraphs. 

As Prime Minister, Dr Singh is running his final lap in India, he is in a rush to sanction full liquidity and valuation rights accorded to these special rupees, despite the fact that while signing the 1993 protocol, Yeltsin had specifically promised that this would not be allowed. Yet, every agreement has been set aside and this has been effected. 

Thus a company like Sistema is bidding for majority control of Shyam Telelink which in turn was allotted a Universal Telecommunication License for the whole country earlier this year. Now Sistema bought Shyam Telelink shares at Rs 55 each, or around 1.1 Soviet Rouble (Sixth Rouble: 1961-1997) under the 1993 protocol read with Public Notice No 12 (RE 2007)/2004-2009 of 27 June 2007, whereby the RBI fixed the Indian Rupee value of the Special Currency Basket linked to the Rouble at 56.8292 effective from 19 April 2007. 

Again, conversion rate from Sixth Soviet Rouble to the Seventh Russian Rouble was fixed at 1000 Sixth Rouble to 1 Seventh Rouble at the time of new issue on 1 January 1998. Thus, the price of 1.1 Sixth Rouble per Shyam Telelink share = 0.0011 Seventh Rouble per Shyam Telelink share = 0.0011 x 0.044012 dollars per Shyam Telelink share = 0.0000484132 dollars per Shyam Telelink share = 0.0000484132 x 42.735 rupees = 0.002068938102 Rupees or 2.068938102 paisa per Shyam Telelink share! Calculating further, that Sistema bought these Rupee credits at a 90 per cent discount, or at 10 per cent of face value, the effective cost per Shyam Telelink share for Sistema works out at 0.0207 paise! Given that the effective discount was only 50 per cent, assuming 20 per cent kickback each to the Indian and Russian establishments, even so, the price per Shyam Telelink share to Sistema works out at 1.034469 paise or Re 0.01. 

So, by channeling their money through the arbitrage funnel of the Indo-Russian Intergovernmental Agreement of 1993, the foreign company is grabbing shares for effectively 1 paisa each. All this, while indigenous bidders would have to pay 55 honest rupees for the same shares at the same time, i.e. five thousand five hundred times the price paid by the Russian company! 

Such is the magnanimity of Dr Manmohan Singh in handing over Indian assets to foreign entities. In the wake of these facts, can there be any doubt about the love, adulation, prestige and loyalty he commands in the international arena.http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=248&page=4

The rupee-rouble scam–Part-I @
http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=247&page=3

Posted by GlobalCitizen at 11:19 AM 

 

 

The outsider in the system

 

What stands out in Javid Chowdhury’s autobiographical account of his life as a civil servant is his angst and mild bitterness about governance in general and, more particularly, the manner in which economic liberalisation took place after the 1990-91 crisis. Clearly, Mr Chowdhury’s mindset is different from that of those who ran economic policy while he was in the finance ministry — heading a directorate responsible for the enforcement of foreign exchange laws and, later, as revenue secretary.

He makes no bones about his dislike of the “tsars of economy policy” in government. He does not name them specifically, but you can easily guess who these people may be from the many incidents he recounts. Montek Singh Ahluwalia will easily top that list. Vijay L Kelkar and N K Singh also figure in that list of the tsars with whom Chowdhury could not see eye-to-eye on economic policies. Chowdhury is no fence-sitter. You may not always agree with his assessment of Messrs Ahluwalia, Kelkar or Singh, but his frank views on people and policies display a quality that is increasingly becoming rare among civil servants.

Mr Chowdhury reserves his most critical comments for Mr Ahluwalia. Recounting the finance ministry’s comments on the securities scam in the early 1990s before the Joint Parliamentary Committee (JPC) probing charges of financial irregularities, Mr Chowdhury says the performance of Mr Ahluwalia, then the economic affairs secretary, was “that of an excellent advocate with a very weak brief”. It was clear that Mr Ahluwalia’s explanation that the securities scam was an outcome of a systemic failure did not impress Mr Chowdhury, then in the enforcement directorate. Worse, the JPC proceedings, according to him, showed how the government “brazenly” defended “illegalities in the universe of securities and banks”.

It is here that Mr Chowdhury gives you a clue as to why he may have disliked the tsars of economic policy. This is how he sums up Mr Ahluwalia’s long lecture before the JPC: “There was not the slightest tinge of introspection or remorse — there was only an absolute confidence of talking one’s way out of the crisis. The attitude was that if laws had been violated, the laws were wrong — because they understood economics, and therefore what they say should be the law.” And systemic failure became a “ready alibi for any otherwise indefensible action in the decades that followed”.

Mr Ahluwalia figures again when the author writes about the irregularities over foreign exchange transactions relating to Indo-Russian rouble-rupee trade. As enforcement director, Mr Chowdhury’s team had investigated the misuse of the vostro accounts maintained by some banks, including a few branches of well-known foreign banks. However, just before officials of these banks could be charge-sheeted, the matter was taken up by the finance minister (who else but Dr Manmohan Singh!), who quickly convened a meeting. Significantly, Mr Chowdhury writes, the revenue secretary at that time, M R Sivaraman, did not attend that meeting citing some other important engagement, and Mr Ahluwalia questioned the advisability of proceeding with the charge-sheets since they would be bad for investment and shake up the corporate world. Mr Chowdhury fought a gallant battle and emerged victorious in the end, getting even a rare comment from Dr Singh that suggested that he was not happy with the way the finance secretary had dealt with the matter.

Mr Chowdhury also makes it clear that he was extremely uncomfortable with the reforms process, although he does not single out anything substantive or specific as problematic. He saw “an uncritical liberalizer” in Vijay Kelkar, with whom he worked as additional secretary in the petroleum ministry. “Privatization fever” was raging in the government in 1995-96 and was getting a fillip under Mr Kelkar.

N K Singh, another tsar of economic policy, surfaces in these memoirs in a rather strange episode — as secretary in the Prime Minister’s Office when Atal Bihari Vajpayee was PM. Mr Vajpayee had decided to remove the ban on production of non-iodised salt on the basis of a petition made by some Gandhians. However, as Mr Chowdhury learnt as the health secretary, Mr Singh had not conveyed that decision to the health ministry since he knew the decision would have wide-ranging public health implications. Mr Chowdhury’s explanation of why Mr Singh took no action is significant: “While NK could gift away Rashtrapati Bhawan if he was in the mood, he would be canny enough to know the public cost of that generosity…Public loss with no corresponding private gain was a proposition NK could not rationalize”. Later, the PM realised what must have happened and called Mr Chowdhury personally and directed him to remove the ban!

A recurring theme is a sense of hurt and disappointment that Mr Chowdhury fails to conceal in recounting how the reform process dismantled the earlier policy regime. He presents himself as a bewildered bureaucrat who was “always told we were reforming, but no one had a clue about the macro-plan or the reason.” As someone who headed the enforcement directorate, his main grievance was that the “tsars of the economy” wanted the foreign exchange regulations to be made toothless. He resents the campaign that the foreign exchange regulation act had to be repealed and replaced with the foreign exchange management act, as the earlier law was only an instrument for harassment. “However, the impression given, that high-profile corporates were routinely and falsely targeted, is sheer fiction,” Mr Chowdhury declares. This lacks conviction as elsewhere in the memoirs, he narrates how the directorate was prone to misuse by politicians and ministers to meet political objectives.

Mr Chowdhury describes his memoirs as an insider’s view. But his disappointment with the way the Foreign Exchange Regulation Act was diluted and how double-tax avoidance agreements became the conduit for tax evasion shows that he largely remained an outsider in the system — at a time when much of India’s economic policies were changed. The Insider’s View is testimony to that disconnect.

 

UPA Oil for food scam

 

The scam took place in 2005 and K.Natwar Singh was dismissed from the d