Corruption

End Corruption By Phone

2015-04-20T19:55:00.000-07:00

*Sri Arvind Kejriwal has launched Helpline to curb corruption in Delhi administration and in public life.**My Views are as follows:-*

Perhaps Mr. Kejriwal does not understand the meaning of corruption, dimension of corruption and various varieties of corruption. Or else he does not want to understand it and want simply to win the hearts of common men by announcing Helpline to report against those who ask for bribe, to carry out sting and to give bribe. He perhaps thinks that only giving some cash for getting ration card or for getting driving license or giving money for tax assessment is only coming under definition of corruption.

Kejriwal talked of Jan Lokpal for almost two years and got political power only by dint of two year long movement against corruption launched by Team Anna. He resigned from Government last time after 49 days of rule only because he could not pass the bill for Jan Lokpal as per his sweet will in want of simple majority in Delhi Assembly. He appointed party’s Lokpal to oversee his party affairs and to dispose off complains of common men or his part members. He used to say with pride that he had great respect for Lokpal and hence he at least appointed Lokpal within his party. He used to prove that that he did what he used to say.

But when the same Lokpal wrote a letter to Mr. Kejriwal pointing out various irregularities of his party committed during election campaign, Mr. Kejriwal could not tolerate it and did not hesitate in removing the Lokpal from his post without even giving him an opportunity to explain and defend him. Is this not a type of corruption? Even judiciary gives adequate opportunity to al accused to defend him. But Mr. Kejriwal did not think it wise to give Mr. Lokpal or any of his dissident members to express and defend them during National executive meeting. Is it not a type of corruption when one shows complete disrespect to existing rules and laws and even moral standards and well established practices?

In an office of a public sector company , any officer is transferred arbitrarily as per whims and fancies of his bosses when the officer do not flatter his boss or do not act as perfect yes-man of boss. Is it not a type of corruption? Mr. Kejriwal also want everyone to follow him blindly or face removal from all posts.

Honest and intelligent officers often do not accept blindly the advices of his bosses and such officers have to face frequent transfers like Mr. Ashok Khemka. Not only this , there are many clever bosses who know the art of ridiculing rules in force and they strategically award such honest officer with untimely promotion and post him at such a critical place that even promotion become a curse for him. An officer normally posted in east is transferred to far north east place in Mizoram or an officer normally posted in west is transferred to Eastern state like Jharkhand. On the contrary a true Yesman, even if an officer is inefficient and non performer, he is given cream posting where he can earn bribe and share with his boss honestly. Is it not a type of corruption? Even Arvind removed his founder members only because they did not suit him and because they suggested ways other than Mr. Kejriwal liked. Is it not corruption?

Officers who are number one flatterer of bosses are often given cream and comfort posting whereas officers who are not flatterer are transferred out to distant place. Officers who are perfect yesman are given out of turn promotion whereas officers who are not are always rejected in Interview. I am unable to understand how members of Interview panel assess the potential, capacity, quality, knowledge and efficiency of an officer undergoing promotional test in two-three minutes of interview whose working is already tested and attested for service tenure of years and decades. It is interview which is breeding ground for large scale corruption. How Will Mr. Kejriwal stop such corruption by Helpline number?

If an officer is flatterer, he is supported by more than adequate team of assistants whereas a non flatterer is not provided with adequate supporting staff or is forced to work with less- supporting , unqualified, unwilled , unskilled or sick assistants. Of course when supporting staff are able and capable, willed and skilled, the boss will achieve greater result than those bosses who are deprived of it. Will Kejriwal try to understand that such type of transfer powers vested in bosses is also type of corrupt practices? I would like to say here that this dirty transfer culture rather promotes corruption and irrigates bribery and flattery only. How will helpline number help curbing such type of corruption?

Businessmen distribute gifts to officers in all offices where they are associated with their work profile. Public servants distribute costly gifts to their bosses on various functions. Officers, MLAs, MPs, VIP politicians and ministers are invited to inaugurate various projects and given red carpet welcome and sometimes offered costly gifts. All such gifting has an ulterior motive of disposal of their work with such VIPs in easy, comfortable, safe and cheaper expenses. Are they not coming under the domain of corruption from Arvind’s angle of consideration?

Cases pertaining to Tax evasion are disposed off by tax officials after taking gifts in several ways. Sometimes a builder sells his apartment /flat / house to kith and kin of tax officials at throw away price to oblige such officials. If a flat of market value of Rs. one crore is sold at Rs. ten lac to a tax officials or to an politician or to a minister in lieu of some work done for him , will it not be called as corruption and if yes, how by helpline such corruption can be curbed? Such type of corruption takes place after mutual understanding in a safe place.

A businessman who has to take loan of Rs. one crore for his business approaches a bank officer and bank find the business not even fit for Rs.50 lac. Bank officer, bank staff from various offices, valuers, advocate and Chartered Accountant or middleman who have good relation with bank head or branch head are offered costly gifts, are given dinner party in five star hotels, are invited in various function by loan seeker businessman to oblige the relevant officers in different ways and finally loan of Rs.one crore is sanctioned. For this purpose, all participants like loan processing officer, CA, Cost accountant, Valuers and legal officers prepare attractive supporting papers and loan proposal which was not fit for even Rs.50.00 lac is approved for Rs.one crore. None can find fault in papers and documents but in very short span of time such loan usually goes bad and cause loss to bank. How helpline will curb such losses and such pilferages?

Another way, a loan defaulter buys a bank officer and arrange for easy compromise for loan repayment even if he has capacity to repay entire loan. Loan defaulters arrange for write off of loan by setting bank officers where both enter into a foul game, arrange suitable papers and cause loss to government bank. Is it not a corrupt act? Crores of bank loans are waived off or sacrificed in the name of cleaning of balance sheet but it is lastly public money which is lost due to corrupt bank officials. How such corruption will be handled by Mr. Arvind?

Loans are not sanctioned or a license is not given to a businessman or pollution clearance certificate is not given to an Industrialist without payment of bribe or you can say other way, such clearances are given to bribe giver and denied to those business men who do not agreed to bribe rate or such clearances or such licenses are unduly and unreasonably delayed .
Is it not a type of corruption?

How the helpline will help in curbing such corruption when giver of bribe either in cash or in kind voluntarily offer bribe to make his ill-motivated plan a success without facing any discomfort. Helpline will come in use only when there is difference of approach between that of bribe giver and bribe taker. If bribe taker ask for Rs.100 from a vehicle owner for violating simple traffic rule of bypassing red light, and rule breaker happily gives it , no problem will arise. Because if his vehicle is detained for hours , the vehicle owner may incur losses in thousands of rupees. IN most of the cases exchange of bribe takes place for hassle free work. And it is also true that bribe many times is given and offered with mutual acceptance.

Suppose a rail ticket checker in Rajdhani finds many passengers travelling without valid reservation and there are few vacant seats. In such cases passengers in general tries to get berth even if he has to offer some money to TTC. How will helpline decide which passenger has a valid right to get berth in preference to other passengers?

Suppose Aam Admi Party has to organize a rally at Juntar Mantar or at Ram Lila Ground where thousands of people will visit to hear Mr. Kejriwal. A grand Pandal is constructed, lighting arrangement is made and grand welcome arrangement is made for audience. Maker of such arrangement could have charged Rs. one crore from others but charged only Rs. one lac from organizers of AAP voluntarily. Will it not tantamount to corruption?

Politicians more often than not, ask business man and rich persons of their area to arrange for various works related to political rally or family functions and do not pay any amount for that or pay negligible amount and businessmen do not retaliate or show anger in fear of repercussion or as a token of love to the politician. Finally such business men are given many preferences and many unwarranted monetary help or many concessions in taxes or in allocation of land or in allotment of public space .Are such acts not covered under corruption.

AAP removed Yogendra Yadav, Prashant Bhusan and other only in their perception these leaders were not liked by other leaders of the party. Similarly in government offices, many employees are removed, punished or rejected in promotion or posted at critical place when they are not liked by bosses. Who will decide the reasonability and justifiability of such arbitrary decisions.? If there is no yardstick for such whimsical actions, such action may lead to corruption and corruption only.

Mr. Kejriwal tells that all offices working under his government will allow mobile in their offices so that common men can carry out sting or record demand for bribe. But the same Kejriwal during National Executive meeting which took place a few days ago on the issue of removal Of Yadav and Prashant did not allow any volunteer or member of National executive to carry Mobile inside the meeting hall. Why did he not allow mobile there when he suggest common men to carry on mobile to any government office. Is Mr. Kejriwal afraid of sting against him?

Normally many offices do not permit mobile due to disturbance mobile creates in valuable working and valuable talking. But Arvind want mobile for sting and for recording bribe talks. Perhaps he is the greatest fool in the world if he thinks that bribe givers and bribe takers decide their quantity of bribe in such an open and casual manner. Mr. Arvind may catch hold of some inexperienced bribe giver and bribe taker by the help of Helpline Number, but big fish will go uncaught by such ridiculous steps.

If we talk of bribe of large quantum where tens and hundreds of crores or rupees are given in form of bribe, helpline will prove to be totally helpless. Crores of rupees are sacrificed by bankers just by giving interest concession of one percent to High Net worth corporate loan takers. If a bank sanctions a loan of Rs.500 crore at rate of interest lower by one percent in comparison to normal rate, it causes more than Rs.5.00 crore to bank in a year. If such business man distributes gifts worth rupees one crore in a year to bank officials , there will not be any talk on mobile and Helpline number will prove futile.

Party tickets are given to those individuals who offer high value donations to the political party even if he or she does not belong to that area and even though he or she has not worked for the area for which he has been nominated party candidate for fighting election. Sometimes friends and relatives of top leaders are given ticket and told that they are good performers even though there are many better hard workers who have worked in the area for years and decades. Do such acts not qualify for corruption?

If we look at the admission of a baby in school, it will prove that seeds of corruption are sown in the very childhood. Schools and colleges teach corruption in disguise. Marks are sold by examiners, questions are leaked at price, and failed students are passed with highest scores and so on. In recruitment, there is role of bribe and VIP. Study is less important than power of source of a VIP in any work to be done, it may be promotion to higher classes or admission in any good school. Children of VIP are admitted in any school and college even if the child do not qualify the set norms. How such corrupt practices will be stopped?

There are many cases, you may say majority of cases, where job seekers who do not have any source, any God father are rejected. This happens in police department, in banks, in private companies, in government banks and so on. On the contrary hundreds of teachers and police personnel are recruited on the basis of recommendations of VIPs.

Mr. Arvind says that if a traffic police asks for bribe, driver should record it and carry out sting and report it to Kejriwal on helpline . Mr. Arvind should know it that now onwards police officer will not ask for bribe but detain tempo owner or any vehicle owner for hours and issue challan and lodge a case against driver for violating traffic rules. As a consequence all such traffic violators will have to run from pillar to post for many days and waste time and huge money in settling the case from court of law or from police departments. In this way poor tempo drivers to whom Arvind wanted to help by Helpline will be put in greater trouble by the same police. How such corruption will be handled?

Ninety percent of goods sold by Delhi Business men and transported to other states are sold without invoice and without paying taxes for it. Transporters, business houses, manufacturers, government offices such Road Transport offices all work in nexus with each other. Has Arvind potential to curb such illegal sale of goods?

All fake and spurious goods, fake medicines ,fake auto parts, fake electric parts and all fake goods are manufactured in Delhi or in other states but marketed through Delhi Business mandis. Even water sold as mineral water is not pure as they are claimed to be sellers. How Mr. Arvind will stop such corruption?

In stock market, speculators and share brokers artificially inflate the price of any share and then sale their shares to book profit whereas retailers are cheated and forced to suffer huge loss. These speculators and market makers have more often than not, setting with insiders. They play with price of shares as per their sweet will and cause loss to retailers. How Mr. Arvind will stop such large scale corruption in share markets?

Teachers in schools and colleges are not teaching as they are supposed to , they are not taking adequate number of classes or they are not teaching properly and not using precious time in teaching properly. Teachers are not examining copies of students honestly and giving marks in whimsical and arbitrary manner. All students admitted in schools and colleges are declared pass with 90% and above marks by management of such fake and insincere schools and colleges to enhance the reputation of their schools and colleges so that they may extract higher and higher tuition fees from students seeking admission . In this way corrupt individuals cause much damage to education system in not only in Delhi but in entire country. How will such corrupt practices be handled by the government is a million dollar question?

Land, homes, flats, real estate properties and all commercial or residential properties worth Rs.one crore is officially sold at Rs.25.lac to Rs.50.00 lac and thus seller and buyers of property evade tax payment and cause loss to government exchequer. Not only this , such unhealthy practices in the office of all registry offices in the country absorb black money and promotes culture of earning black money . How will Arvind curb such corruption or he does not treat such acts as part of corruption?

Public servants working in various government offices, banks, insurance companies, public sector undertakings are not working for full time they are supposed to. They are not punctual . If they are punctual they are effective and active . If they are active , they have many valid excuses to delay and deny work of any common men. Unless intention is clear, no power on earth can stop corruption. Mr. Arvind Kejriwal may be awarded for best acting in politics , but may not get desired award from common men so far as eradication of corruption is concerned . Public utility services may not be extended comfortably to common men unless and until the culture inculcated in all walks of life is good and of high standard.

In hotels, restaurants, shops, trains and in many public places food items sold are of very much inferior quality compared to price the seller charge from consumer . How such corruption will be dealt with by helpline. Packed food are sold at higher prices even though the contents are unhygienic and injurious to health. Medicines sold at higher prices b branding them with multinational companies, unwarranted pathological tests are prescribed by Doctors to earn commission, unwarranted operations are done by Doctors to earn money in illegal and unethical way and so on. How such acts will by curbed and erring persons will be booked to task?

Also read following blogs on Corruption

Read about Corruption

http://dkjain49709171007.blogspot.in/2014/01/colour-of-corruption.html

http://dkjain49709171007.blogspot.in/2013/09/politicians-make-up-for-85-of-corruption.html

http://dkjain49709171007.blogspot.in/2012/12/lack-of-fear-of-law-is-root-cause-of.html

http://dkjain49709171007.blogspot.in/2012/12/how-to-control-corruption.html

http://dkjain49709171007.blogspot.in/2011/07/judiciary-is-used-to-perpetuate.html

http://dkjain49709171007.blogspot.in/2010/08/corruption-unplugged.html

Delhi Chief Minister Arvind Kejriwal Re-Launches Anti-Corruption Helpline 1031-NDTV-05.03.2015

New Delhi: The Arvind Kejriwal-led Aam Aadmi Party marked the completion of its 50 days in power in Delhi by re-launching the anti-corruption helpline number - 1031. The service can be used by people to lodge complaints if they are harassed for bribes by government official.

The helpline is a revival of the service which the AAP government had launched during its earlier 49-day stint after the 2013 Assembly elections.

"Last time our party was in power for 49 days, we had launched this helpline. We are re-launching it today," Mr Kejriwal said while launching the helpline.

A dedicated helpline for reporting cases of corruption was one of the major promises made by AAP in its manifesto for the Assembly elections this year.

A group of volunteers has been trained to run the 24/7 helpline and attend the calls in English and Hindi. The executives will also direct the callers on how to conduct sting operations. All the calls will be divided into two categories - serious and non-serious.

"You can complain against bribe demands by a government official or can report corruption if you have recorded audio or video evidence against an officer. Within 48 hours, a member of the anti-corruption branch will contact you and collect your evidence for further investigation," explained a call handler on the 1031 helpline number to the Press Trust of India.

Any sting video or audio clip will be put through a forensic test during the investigation, which will be handled by the anti-corruption branch of Delhi government.

According to statistics released by AAP during its previous tenure, the helpline received over one lakh phone, most of which were against Delhi Police.

Government sources tell NDTV that with re-launch of 1031 the government will be able to cater to around 10,000 calls per day as opposed to the previous count of 1000 calls per day.

The state government has also decided to strengthen the Anti-Corruption Branch by increasing funds from Rs. 8 crore to Rs. 15 crore and inspector posts to 40.

Scam Rs.4000 Crore Of Congress Party

2015-04-20T19:45:00.003-07:00

CBI suspects scam of over Rs4,000 crore in railways-LiveMint 21st April 2015

The agency is likely to file a case into alleged under-reporting of the actual weight of loaded goods wagons through the manipulation of software by officials

New Delhi: Sniffing a major scam of at least Rs.4,000 crore in the railways, CBI is likely to file a case soon into alleged under-reporting of the actual weight of loaded goods wagons through the manipulation of software by officials.

CBI sources said that in the financial year 2012-13, railways transported 1,008 million metric tonnes of freight and earned Rs.85,262 crore through it, which constituted 67% of the total revenue for the period. The goods are required to be weighed at the originating station or en route or at the destination point with a view to plugging the leakage of revenue and to avoid over-loading of the wagons, the sources said.

An official in CBI said inputs were received that this system has been manipulated at several places in such a way that over-loading is concealed and weight of the wagon is shown to be within the permissible limit.

“Highly sophisticated methodology of crime by manipulating the software of the system is suspected,” the official said. The sources said it is further suspected that the alleged manipulation has been done through collusion amongst railway officials, private vendors and freight operators. “Even a 5% under-reporting of actual weight of freight leads to a difference of Rs.4,263 crore by 2012-13 figures... It is not only causing huge financial loss to the exchequer but also (bringing) corresponding gain to private freight operators and is damaging railway tracks and wagons, thus adversely affecting railway safety,” an official said.

Railways had in consultation with Research Development and Standards Organisation (RDSO) installed 200 ‘Electronic In-Motion Weigh Bridges’ at various locations across the country to weigh the freight in transit. Six vendors have been roped in by RDSO for setting up the bridges, which automatically measure the weight of goods train wagons passing through them at a speed of 15-km per hour, CBI sources said.

The agency recently carried out countrywide searches and surprise checks at major freight traffic points with the assistance of the vigilance department of the railways, CBI sources said. The surprise checks were undertaken in Delhi, Uttar Pradesh, Punjab, Jharkhand, Assam, West Bengal, Odisha, Telangana, Andhra Pradesh, Tamil Nadu, Karnataka, Kerala, Chhattisgarh, Madhya Pradesh, Maharashtra, Goa, Rajasthan and Gujarat, etc.

During the surprise operation, CBI found “systematic” under-weighing with the system programmed to give readings which were lower than the actual weight. “It was found at some of the locations that the quantum of under-weighing increased with an increase in speed of the rake. The preliminary digital analysis of the forensic image taken at some of the locations has revealed old weighing logs showing past manipulations in weighing,” a CBI official said.

He said alleged manipulations in entries pertaining to wagon type have been revealed with consequences for the weighing. “Systematic manipulation in weighing achieved through tampering of the software, EIMWB hardware, manual entries, etc. leads to significant loss of revenue for the railways,” he said.

CBI has already secured the locations of the in-motion weighing bridges to prevent the possibility of tampering, the sources said. They said that test runs were conducted with rakes comprising freight wagons carrying different loads to check the accuracy of the readings.

Besides, the ‘in-motion’ weighing was also done at different speeds. CBI secured a forensic image of the hard disk of the weighing system to enable a digital forensic analysis for locating the ‘digital fingerprints’ (automatic weight logs, etc.) of past manipulation in weighing.

CBI FILES A CHARGESHEET AGAINST CHAIRMAN AND VICE CHAIRMAN OF SECUNDERABAD (HYDERABAD) BASED PRIVATE COMPANY AND OTHERS FOR CAUSING AN ALLEGED LOSS OF RS.357.77 CRORES(APPROX) TO CANARA BANK

Press Release
New Delhi, 16.04.2015

           The Central Bureau of Investigation has filed a charge sheet in the Court of ACMM, Hyderabad U/s 120-B r/w 420 of IPC against Chairman and Vice-Chairman respectively, both of Secunderabad based private company & certain other employees of said company and two other persons of another Hyderabad based company for criminal conspiracy and allegedly cheating Canara Bank, Prime Corporate Branch, Secunderabad, of an amount of Rs.357.77 crores(approx).

           Based on the complaint filed by Canara Bank, the CBI had registered a case on 06.07.2013 against the accused persons. It was alleged that the said accused persons had conspired among themselves to cheat Canara Bank, Secunderabad, of an amount of Rs.357.77 crores(approx) and for this purpose, the said firm allegedly Open Cash Credit limits (OCC) with later enhancements and Multiple Short Term Corporate Loans (STCLs), by submitting fabricated financial statements, and by suppressing information regarding the loans taken from other banks. It was also alleged that the repayments were not made within the due period, leading to the aforesaid total outstanding liability of Rs.357.77 crores(approx).

           The public is reminded that the above findings are based on the investigation done by CBI and evidence collected by it. Under the Indian Law, the accused are presumed to be innocent till their guilt is finally established after a fair trial.

********

Not Easy To Stop Corruption

2015-04-11T19:50:00.001-07:00

Perhaps Mr. Arvind Kejriwal or like minded persons do not understand the meaning of corruption, dimension of corruption and various varieties of corruption. Or else they do not want to understand it and want simply to win the hearts of common men by announcing Helpline to report against those who ask for bribe, to carry out sting and to give bribe. Mr. Kejriwal perhaps thinks that only giving some cash for getting ration card or for getting driving license or giving money for tax assessment is only coming under definition of corruption.

Corruption in Rail Reservation: Suppose a rail ticket checker in Rajdhani finds many passengers travelling without valid reservation and there are few vacant seats. In such cases passengers in general tries to get berth even if he has to offer some money to TTC. How will helpline decide which passenger has a valid right to get berth in preference to other passengers?

Corruption in Party Affairs Suppose Aam Admi Party has to organize a rally at Juntar Mantar or at Ram Lila Ground where thousands of people will visit to hear Mr. Kejriwal. A grand Pandal is constructed, lighting arrangement is made and grand welcome arrangement is made for audience. Maker of such arrangement could have charged Rs. one crore from others but charged only Rs. one lac from organizers of AAP voluntarily. Will it not tantamount to corruption?

In brief I can say Helpline launched by Arvind Kejriwal in Delhi will touch hardly the tip of the iceberg representing the mountain of corruption rampant in the entire system. Mr. Kejriwal has to do a lot of exercise and deep rooted study to strike at the root of corruption.

If we look at the admission of a baby in school, it will prove that seeds of corruption are sown in the very childhood. Schools and colleges teach corruption in disguise. Marks are sold by examiners, questions are leaked at price, and failed students are passed with highest scores and so on. In recruitment, there is role of bribe and VIP. Study is less important than power of source of a VIP in any work to be done, it may be promotion to higher classes or admission in any good school. Children of VIP are admitted in any school and college even if the child do not qualify the set norms. How such corrupt practices will be stopped?

Arvind is perhaps concentrating only on Ration card or driving license to win the hearts of common men. He wants to use helpline number as a means to create false propaganda in favour of AAP and to divert the minds common men and that of his opponents from inner party quarrels. He should not underestimate common men. AAP got 67 seats not because they worked a lot for common men but because they generated huge expectation in the minds of voters that they will deliver what they promised.

Mr. Arvind says that if a traffic police asks for bribe, driver should record it and carry out sting and report it to Kejriwal on helpline . Mr. Arvind should know it that now onwards police officer will not ask for bribe but detain tempo owner or any vehicle owner for hours and issue challan and lodge a case against driver for violating traffic rules. As a consequence all such traffic violators will have to run from pillar to post for many days and waste time and huge money in settling the case from court of law or from police departments. In this way poor tempo drivers to whom Arvind wanted to help by Helpline will be put in greater trouble by the same police. How such corruption will be handled?

I am however happy that Mr. Arvind Kejriwal has taken an initiative to curb corruption and hope he will do more to complete his task of eliminating corruption from the country. He narrated hundreds of stories of scams pertaining to Congress Government when he was associated with India Against Corruption (IAC) but he appears to have forgot all those scams. He has to refresh his memory and do the best to punish who were involved in many scam which he unearthed and exposed a year ago or two years ago.

Teachers in schools and colleges are not teaching as they are supposed to , they are not taking adequate number of classes or they are not teaching properly and not using precious time in teaching properly. Teachers are not examining copies of students honestly and giving marks in whimsical and arbitrary manner. All students admitted in schools and colleges are declared pass with 90% and above marks by management of such fake and insincere schools and colleges to enhance the reputation of their schools and colleges so that they may extract higher and higher tuition fees from students seeking admission . In this way corrupt individuals cause much damage to education system in not only in Delhi but in entire country. How will such corrupt practices be handled by the government is a million dollar question?

Land, homes, flats, real estate properties and all commercial or residential properties worth Rs.one crore is officially sold at Rs.25.lac to Rs.50.00 lac and thus seller and buyers of property evade tax payment and cause loss to government exchequer. Not only this , such unhealthy practices in the office of all registry offices in the country absorb black money and promotes culture of earning black money . How will Arvind curb such corruption or he does not treat such acts as part of corruption?

Public servants working in various government offices, banks, insurance companies, public sector undertakings are not working for full time they are supposed to. They are not punctual . If they are punctual they are effective and active . If they are active , they have many valid excuses to delay and deny work of any common men. Unless intention is clear, no power on earth can stop corruption. Mr. Arvind Kejriwal may be awarded for best acting in politics , but may not get desired award from common men so far as eradication of corruption is concerned . Public utility services may not be extended comfortably to common men unless and until the culture inculcated in all walks of life is good and of high standard.

In hotels, restaurants, shops, trains and in many public places food items sold are of very much inferior quality compared to price the seller charge from consumer . How such corruption will be dealt with by helpline. Packed food are sold at higher prices even though the contents are unhygienic and injurious to health. Medicines sold at higher prices b branding them with multinational companies, unwarranted pathological tests are prescribed by Doctors to earn commission, unwarranted operations are done by Doctors to earn money in illegal and unethical way and so on. How such acts will by curbed and erring persons will be booked to task?

Ban On Drinking: Wine drinking is injurious to health. This warning is displayed in all bottles. Government also displays such notices on boards in their offices. But it is government which gives license to shopkeepers and hotels for selling and serving of wine. Government does not like to impose ban on manufacturing of wine. It may punish persons who consume it and cause loss to public property. Everyone knows it very well that majority of crimes like loot, dacoity, burglary, rape, murder etc are committed only after consuming wine .

Everyone in Government knows very well that drinking is injurious to not only who consumes it but it harms society and disturbs family peace and harmony also. The key reason given for such insane approach on use of wine is that it gives billions of rupees to Government as revenue and it also gives job opportunity to traders in wine. In such position it is cleverly preached by every leader and every government that drinking wine is injurious to health but no action is taken to stop drinking. Government issues license to Hotels and restaurants to serve hotels to visitors and then it cannot expect good culture in the society and neither can it expect reduction in crime rate.

Ban On Smoking And Other Tobacco Products: Similarly smoking is injurious to health and such type of warning in invariably printed on each pack of cigarette and boards displaying such warning are hanged at prominent places in every office, schools and colleges. However it is only the government which allows manufacturing of cigarettes and Biri. Tobacco is injurious to health. Likewise, consuming Gutka, Khaini, Pan Masala etc are injurious to health and cause fatal diseases like cancer to those who chew these items. In spite of all losses to human lives, government does not have courage to ban manufacturing of such products.

Government is concerned with the revenue they earn by allowing manufacturing of such poisonous and killer products and least bothered by lacs of persons suffering from cancer caused by use of tobacco products and smoking cigarettes and finally losing their life. Government think it wise to earn money and fool people by making Display of warning on prominent places as mandatory or by preaching sermons during meetings.

IN last week, Maharashtra government banned sale of gutka, khaini, pan masala etc in the state of Maharashtra but did not have courage to ban manufacturing of the same. .Police personnel also rebuke owners of pan shop or sellers of gutka on road side who earn their livelihood by selling such products. None of regulating agency wants complete eradication of poisonous products from the market.

Remove Old Vehicles It is now announced by Delhi Government that vehicles older than 10 years will not be allowed to move on Roads and will not be allowed to enter such vehicles from other states. They say diesel vehicles and older vehicles cause pollution problems and may harm health of resident of the area. Government cannot stop manufacturing of diesel vehicles. It is the owner of diesel vehicle and owner of old vehicles who have to bear the brunt of the bad policies and ill-motivated decisions of the government.

If the government really wants to control such old vehicles entering into Delhi or moving on Delhi road, they need adequate manpower to handle problems arising out of such whimsical decisions. Since they do not have enough manpower, they will empower police t earn side money to allow movement of older vehicles. But in no way one can stop such older vehicles and diesel vehicles because these vehicles have been bought by owner of these vehicles in a legal way and under the policy of the government which prevailed hitherto. How can government suddenly change the police and cause loss to owners without giving them compensation.

Government want to earn revenue of all goods and services, even if the goods are injurious to health. Even pornography is not restricted in Internet services even if causes many times rise in cases of rapes and assaults on woman.

How To Enhance Government Revenue Earning:But to enhance the prospect of revenue earning by the government I would like to suggest to issue license to consumers of wine, consumers of tobacco products and users of older vehicles and diesel vehicles. If government charge Rs. 100 per bottle (500 ml) of wine per month , it will generate huge revenue and also restrict consumption of wine to a great extent. Similarly if users of tobacco is forced to pay monthly Rs.100 as license fee and only license holders be permitted to consume, Khaini,gutka etc I think it will generate huge money for poor government.

In the same way , state government may restrict accepting road tax fee for ten years at normal rate and then should charge double and triple of normal rate as road tax.

Similarly manufacturers of cigarettes and other tobacco products will have to pay double the normal excise duty and traders will have to pay higher amount of sales tax. Car manufacturers who produce diesel cars and trucks will have to pay more taxes so that the car become unaffordable for common men. Banks should be advised not to sanction loan for diesel vehicles. Police working as traffic controller should be asked to ensure compliance of all road rules by all vehicle owners. Making of laws and rules and preaching of sermons to people of India is easier for any government but it is very difficult to get it executed in true spirit. As such need of the hour is first to invent and discover how to enforce a law which government want to formulate.

It is pity that in our country government staff do not care and take proper actin against those who violate rules and then it becomes a problem whose solution become a social problem and cause new brand of crime. First encroachment on roads is allowed and then its removal adversely affects social peace and generates protests from common men who wilfully installed their shops on road sides. Similarly houses are constructed on unauthorised land and then it becomes difficult for state government to destroy it and invite the anger of those who purchased flats in such unauthorised apartments.

Role Of Certificates: It is sad that in our country department of pollution control issues certificate if the concerned officers are paid their fees. Chartered accountant certify a fake balance sheet if they are paid higher fees. Valuers of landed property gives inflated value of any landed property if the are higher fees. Fake certificates of passing of graduate course or post graduate course or BE or matriculation are available in the market. Drug inspectors allows sale of fake and spurious medicines if they are paid their fees.

Government officials register a sale of house at rate lower than market rate if they are paid fees. Black money is every moment generated in Delhi and elsewhere and it is visible in form of sky touching apartments and houses in every nook and corner of the country , but the government is searching black money in foreign countries. Maps for construction of house in violation of existing rules are passed by concerned authorities if they are paid their bribe.

Functioning Of Banks: Loans are sanctioned by banks to even ineligible persons if they are paid their share of gifts and bribe. Bad loans are written off if the bank officials are paid bribe. and so on. When bad debts in public sector banks goes out of control the clever officials abuse global recession or higher interest rate regime or bad policies. Actual guilty is never booked to task. Always some scapegoats are searched and booked to task to save top officials and VIP politicians.

This is India , where health of a person or a company depends not on his ability and capacity but on the basis of certificates. issued by specified authorities. Income of a person may be in lacs but if he gets a certificate of lower income from circle office he will be issued Red Card or Ration card or other subsidies. Industries are constructed on papers and not on land because department of Industries work on certificates. Roads are constructed and repaired on papers and huge amount of money is pilfered out of system only on the basis of certificates issued by engineers . This is corrupt culture where Doctors do not hesitate in carrying our Heart surgery of a healthy person just to earn money and they do not hesitate in prescribing various avoidable tests just to earn commission .

Even rating agencies issue Certificate of Rating of the grade AAA or AA or A to companies if they are ready to give thousands of rupees and lacs of rupees as fee to rating officials and thus companies may get hundreds of crores or rupees from banks and financial institutions.

Block Administration: Block level and district level agriculture officials issue certificates of loss of crop and forces insurance companies to give compensations to farmers. Similarly claim settling officials or Surveyors of insurance companies gives certificate of loss of ten lacs rupees even if actual loss is less than one lac , issues certificate of death of cattle even if the cattle is not actually dead or not even bought and so on to enable easy settlement of claim in favour of insured after taking illegal money in lieu of it. Genuine claims of genuine losses on the contrary cannot be sanctioned and compensated by the insurance companies for months and years if the victim person or company is not ready to pay the demanded bribe to surveyors. This is India.

Government as such need to first understand the ground reality if they want real reform in the culture of the persons, officers and leaders who rule and who oppose.

Role of Media:-Media men who are supposed to be watch dog on all illegal activities going on in their area of operation are actually problem creators and leg pullers of good persons. They search negative points on each event , in each incident and each accident and present the event in totally arbitrary manner, they oppose if they do not like a person or a party and they support if they like . They can present any event in such a manner which may make or mar the social peace.

If a Christian person is killed , media men will give a news as if there is attack on entire community of Christian. If a Muslim woman is raped, media men will blame BJP and give a news as if majority community Hindu is bent upon assaulting Muslims. Hundreds of Hindus are killed every day, but if a Dalit woman is killed , media men will give the news as if upper class community has attacked on weaker class. It is media which aggravate ignite fire , aggravate it and forget it . The main work of media men is to create animosity among parties, discourage good performers and damage national image as also affect interest of common men just to increase their own TRP

If Modi's performance is good , media men will not praise it , thy will criticise how Modi is spending lavishly on dressing materials. If a farmer dies due to sickness, media men will give the news that due to burden on bank loan , farmers are committing suicide. Whimsical news given by aid media has badly tarnished the image of media community and hence they are also not trustworthy. This is India.

Role of Politicians: Similarly politicians do not discuss and debate policies and mode of execution of policies in the light of its suitability to common men . They discuss, support and protest any policy not based on its merits and demerits , but support it if it is framed by its own government and oppose if it is by other party. This is India. Even Aam Admi Party which took birth for doing a different politics become a party of differences.

Performance and success of a government is measured in terms of how much fund it has allotted for different sectors. If a government allots one lac crore rupees for development of infrastructure and irrigation facilities in India compared to fifty thousand crore by previous government of other party , it is considered as growth oriented. There is no one to assess whether the fund allotted is really put in use for creation of quality infrastructure and irrigation facilities .

If the team of engineers issue Utilisation Certification to the department concerned, it is assumed that all work has been done. Funds are normally withdrawn in the month of March and surprisingly Utilisation certificates are submitted also in the same month. This is India. If actual investigation is done by unbiased and honest body, it will be found that there is no road where road is said to be constructed and there are no irrigation facility in farm lands where it is declared as facility of irrigation is available. Farmers are helped many times on papers by government bodies.

Achievement By Cooked Data: This is India where achievements are measured on the basis of certificates and not on the basis of actual performances. Drinking, smoking, tobacco chewing ,pornography etc are all good if there is certificate of warning printed on each packets. Government wants reforms on papers and not on ground where common men reside. Mr. Ramlingam Raju of Satyam Computers has been sentenced Today by court of law with 7 year imprisonment only because he himself admitted his fault of commission of mistake and because any detecting agency detected the fraud.

Regulators And detective Agencies Fail To Detect Fraud Otherwise world famous team of Chartered Accountants called as PWC had given certificate of good accountancy and good performance to the company called as Satyam Computers year after year. Rating Agencies similarly assigned AA and AAA rating to Satyam Computers only because they were playing in money and company was openly cheating poor investors who had invested in the company on the strength of Certificate of good performance.. No one even from the then government doubted the integrity of CAs or rating agencies. There is no question then of punishing the corrupt team of CA and officials of rating agencies who worked based on bribe money.

In the same year 2009 when episode of Satyam Fraud came to light , many of public sector banks were also found manipulating and inflating profits artificially by not making adequate provisions for bad debts and for terminal benefits payable to bank employees. In this way banks booked extraordinarily higher profit by manipulation and cheated investors to please the then government and to brighten their own careers. Government again believed on certificate of good health and certificate of compliances submitted by auditors and defaulting bank's chiefs.

This is India where thieves certify that no loss has occurred to where stealing act took place openly. UPA government minister gave a Zero Loss Certificate to Man Mohan Singh government when CAG detected loss of lacs of crores of rupees. Auditors are good as long as they give report as per whims of persons who employ them , otherwise they are shown the exit door.

Intention of Government And Regulators: Neither government nor people of India try to learn lessons from cases of cheating and cases of frauds . Non Banking companies and chit fund companies every year collect lacs of crores of rupees from poor villagers and poor traders and then fly away from the area leaving behind lacs of investors weeping and crying . RBI, CBI, CVC and police bodies along with the concerned government promise to provide justice to victim investors , constitutes committees to stop recurrence of such loot by chit fund companies, but none could stop such cheating .All Regulating bodies are happy with certificates of compliances only. They do not have time or they do not have enough manpower to verify the veracity of these certificates.

Similarly anti corruption cell and vigilance officers earn bribe and exonerate bad and corrupt officers by giving them certificate of honesty and integrity. Employers promote an officer on the recommendation of VIP but hesitate to promote a really good performer if he has not submitted desired certificates in tune with bosses.

Role Of Certificates:We Indians become honest by taking oath of working honestly in the month of November every year and then we are free commit all sins without any hesitation and government is satisfied only after getting confirmation from all banks and all departments that a oath has been taken for honesty by each employee. This is India where certificates are more important than actual facts and figures.

If a bad students gets a certificate of good character, he can get many of his works done easily. On the contrary if a school teacher denies a certificate of good character to a really good student, he will have to face many problems in getting admission in colleges of higher education or in seeking job. This is India.

There are many examples where banners, notice boards displaying rules and policies , certificates of goodness are treated enough for judging performance of any person or party or a company.

Role of Bribery And Flattery : There are many industries in the country which emit poisonous fume in the air and cause much harm to residents of that area. There are many shops where bad smoke is emitted by generators used for lighting the shop . But there is none to punish them because they do have purchased Clearance Certificate from Pollution control department. On the contrary many industries could not start functioning only because they were not ready to pay bribe to officers of pollution control departments for getting Clearance Certificate. Similarly there are hundreds of medical shops in the country which are not manned by a Doctor or a trained compounder as per rules in this regard. But local drug inspectors collect their bribe periodically and allow these shops trading in medicine, even if they sell illegally manufactured fake medicines.

In the same way there are many tax consultants in every town who have developed good rapport with tax officials and they work as mediator in assessment of tax related files of the businessmen and professionals and it is they who teach assesses how to evade various taxes and how to get Tax clearance certificates.

Integrity of Chartered Accountants : There are many CAs in every towns and big cities which work as a mediator between bank officials and businessmen and prepare attractive set of papers and documents right or wrong to ensure sanctioning of loans and other credit facilities without any problems. A set of good papers are enough for a banker to sanction hundreds of crores of rupees as loan to any unscrupulous company or to any individual even if there is no business which match the value of loan demanded. On the other hand if business men do not pay bribe and commission and do not offer gifts to CAs and Bank officials , he cannot dream of getting loan sanctioned comfortably and as per need of the project. It is team of CAs who are clever and who know how to prepare files and balance sheet as per need of loans and who can inflate figures or conceal bad points as per whims and fancies of loan seekers and banks function normally on papers, documents and certificates .This is India

Expectation From Mr. Modi :I however hope the honest , active, efficient, hard worker and visionary Prime Minister like Mr. Narendra Modi will be able to improve the working quality of all departments . I have no doubt in the ability and capacity of Mr. Modi. God Bless him and save him from dirty leaders of opposition groups who are putting hurdle in all bills only to tarnish the image of Modi by hook or by crook.

I pray God to awaken all patriots, well wishers, social reformers , intellectuals and academicians and motivate them to help Modi in achieving the desired tasks successfully and in making India number one in the world.

Tax Evasion Is A Big Crime

2014-12-14T06:43:00.001-08:00

'Make tax evasion serious crime for information on black money'
Sunday, 14 December 2014 16:06.

New Delhi: Tax evasion needs to be made a serious 'criminal offence' to force foreign countries to reveal names and account details of Indians stashing illicit wealth abroad, the Special Investigation Team on black money has said.

While adding more teeth to India's pursuit of black money kept abroad, this would also check generation of unaccounted wealth within the country, the SIT Chairman M B Shah said.

At present, tax evasion is a civil offence in India and it is dealt under the Income Tax Act, 1961 while forex violations are dealt under the Foreign Exchange Management Act (FEMA).

Both the laws are civil in nature and do not have criminal proceedings attached as such.

"We have made a serious pitch for this (making tax evasion a serious criminal offence in India). One reason is that, if tax crimes remain civil in nature, the foreign governments will not cooperate," Shah said.

"If this is made a crime, then there is no difficulty and then they (foreign countries) are bound to reveal the names. That is the main purpose," he added.

The Supreme Court-constituted SIT, which has former Supreme Court judges M B Shah and Arijit Pasayat as Chairman and Vice-Chairman, recently submitted its latest report on black money menace, wherein it has disclosed tracing of Rs 4,479 crore held by Indians in a Swiss bank and unaccounted wealth worth Rs 14,958 crore within India.

In this report, the SIT pointed out that more than 25 countries have made "tax crimes" a predicate offence.

India is seeking cooperation from a number of foreign jurisdictions, including Switzerland, in cases of suspected black money, but its requests have been turned down in maximum number of such instances as tax evasion is not dealt under strict criminal laws, unlike money laundering provisions.

To deal with this issue, the SIT has suggested making tax evasion of Rs 50 lakh and above a 'predicate offence', saying this would enable easier investigation into tax evasion crimes under the stringent laws of money laundering as stipulated under the Prevention of Money Laundering Act (PMLA).

Pasayat said there is also a need to limit holding and transportation of cash and to check large-value 'unreported' cash dealings that are rampant even at public places like shopping malls.

The high-powered panel which has the heads or representatives of 11 agencies to assist Shah and Pasayat, also wants limits on holding of cash and currency notes.

In suggestions with far-reaching implications, the SIT has also recommended making PAN mandatory for all cash and cheque transactions above Rs 1 lakh and amendment of laws to provide for confiscation of domestic property of those with illicit assets abroad.

The SIT has also flagged existence of black money in mining, ponzi scheme and iron ore exports as well as money couriers, called 'Angadias', dealing in huge sums of money outside the banking system.

Besides, it has suggested setting up of an institutional mechanism to examine mismatch between export/import data with corresponding data of other countries on a quarterly basis to unearth black money.

It also recommended establishment of a central KYC (Know Your Customer) registry to deal with the problem of multiple identities of an individual in financial transactions.

Also, the shipping bills should include the international market price of goods and machinery sought to be exported. "This suggestion is under consideration and is likely to be implemented within short time," the SIT said.

Besides, there should be a dynamic interaction between different stakeholders like reporting entities, Financial Intelligence Unit and law enforcement authorities. In cases where ED has attached a property and there are income tax dues to be collected, the SIT said that the former should be open to recovering dues from the attached property.

SIT said that at least five additional chief judicial magistrates courts should be set up in Mumbai to deal with 5,000 pending IT prosecution cases. It said Rs 4,479 crore was held in the Swiss bank accounts owned by Indians, who figured on the HSBC list that India had got from the French government.

Besides, the tax department and other agencies including Enforcement Directorate are probing cases involving unaccounted wealth totalling Rs 14,957.95 crore within India, the report said

http://www.sakshipost.com/index.php/news/national/50322-make-tax-evasion-serious-crime-for-information-on-black-money.html?psource=Home-Latest

Black Money Seizure Speed Up

2014-12-08T07:03:00.004-08:00

Undisclosed income of Rs 7k cr detected-FE

The government has detected undisclosed income of Rs 7,685 crore in the first eight months of the fiscal in searches and surveys, more than half of which has been admitted by the assessees, Union finance minister Arun Jaitley told the Parliament on Friday.

With this, the amount of undisclosed income thus found in the last four years has touched Rs 40,500 crore. In the the April-November period of this fiscal, assessees have admitted to income suppression of Rs 4,304 crore, Jaitly told the Lok Sabha. About a third of the undisclosed income would be the principal tax amount payable by the assessees excluding interest and penalty.

On the indirect tax side, tax evasion detected is much more. The alleged service tax, excise and customs duty evasion during the April-November period of this fiscal has touched Rs 9,220 crore.

Tax authorities have demanded Rs 5,097 crore of service tax, Rs 1,995 crore of excise duty and Rs 2,128 crore of customs duty from various companies, the minister replied.In the last four years, the amount of service tax evasion has touched Rs 59,315 crore, while excise evasion has crossed Rs 18,016 crore. Customs duty evasion in the same period has touched Rs 14,412 crore.

Customs officials detected cross-border tax evasion of Rs 1,380 crore so far this fiscal. Tax evasions in export and import have touched Rs 11,330 crore since 2011-12.

Court sentences Ramalinga Raju to six months imprisonment in Satyam fraud case

Raju also fined Rs 10 lakhs for violation of various provisions of the Companies Act-Business Standard-08.12.2014

The Special Economic Offences Wing (EOW) court here on Monday has sentenced the founder of erstwhile Satyam Computer Sciences, Ramalinga Raju and his brother Rama Raju to six months of imprisonment and a fine of Rs 10 lakh each for violation of various provisions of the Companies Act.

The former chief financial officer of Satyam, Vadlamani Srinivas, and former chief executive officer Ram Mynampati were also sentenced to 6 months imprisonment besides a fine of Rs 10 lakh each.

According to Serious Fraud Investigation Office counsel Raghu, the court has also imposed a fine of Rs 20,000 each on all former independent directors of Satyam- Vinod K Dham, Krishna G Palepu, TR Prasad, BS Raju, Mangalam Srinivasan and Mendu Ramamohan Rao.

All the accused were given one month time for appeal against the judgment.

The economic offences wing had filed a separate case with regard to the Satyam scam.The judgment in another case filed by the Central Bureau of Investigation (CBI) is slated for December 23.

All together EOW had filed seven cases against Raju and his former colleagues. Of these, they were convicted in six cases and acquitted in one case.

On the other hand, the CBI charged Raju and former employees of Satyam with offences ranging from falsification of records, cheating, criminal conspiracy, forgery and causing disappearance of evidence. No charges were made against former independent directors of the company.

Apart from Raju brothers , those charged by the CBI included Vadlamani Srinivas, former PWC auditors S Gopalakrishna and T Srinivas and former employees of the company Suryanarayana Raju, G Ramakrishna, D Venkatapathy Raju and Ch Srisailam.

The Satyam scam came to light on January 7, 2009 when Ramalinga Raju confessed to a massive accounting fraud in the company. He stated that the balance sheet of the company consisted non-existent cash and bank balances of Rs 5,040 crore, an accrued interest of Rs 376 crore which was also non-existent, an understated liability of Rs 1,230 crore and an over stated debtors position of Rs 490 crore (as against Rs 2,651 reflected in the books).

Black Money Explosure

2014-11-26T16:15:00.001-08:00

Arun Jaitley on black money: 427 foreign bank account holders identified-Times of India

NEW DELHI: Identity of 427 account holders abroad has been established and 250 of them have admitted to having accounts, finance minister Arun Jaitley revealed on Wednesday while asserting that the government is on the right track in bringing back illicit money stashed abroad.

Replying to a debate on black money in the Rajya Sabha, he said the government will "pro-actively chase" those having black money and will not rest till the last account is identified.

Bringing back black money stashed abroad is a procedure which will take time, he said while responding to attack by opposition which questioned non-fulfillment of the poll promise of BJP leaders of getting the illicit money back in 100 days.

He, however, did not respond to the opposition attack on Prime Minister Narendra Modi for reportedly saying in the run up to elections that each person will get Rs 15-20 lakh if all the black money is brought back.

Members of Congress, Trinamool Congress, JD(U), Samajwadi Party and CPM, staged a walkout even before Jaitley could conclude his reply.During the discussion in both Rajya Sabha and Lok Sabha, Congress alleged that BJP had "sold lies" and misled the nation for which the government should apologise.

Spelling out the steps being taken by the government, Jaitley referred to the HSBC list of 627 account holders received by the government and said identity of 427 of them has been established. 250 of them have admitted to having accounts, making the government's task easier, he added.

Replying to opposition criticism, he said, "We have done more in 100 days than what other governments had done."

The confidentiality clause prevents disclosure of names of foreign account holders unless prosecution is launched against them in a court of law, he noted.
Jaitley said more prosecutions are going to be filed in the coming weeks with regard to people figuring in the HSBC list, who are suspected to have illicit accounts there.

"We are on a learning curve... The government is going to be on the right track even if it takes extra time," the finance minister said and suggested that the government was even willing to change laws if required to bring back black money.

Talking about the 427 accounts identified, he said the government is in the process of their assessment and notices are being sent to them.

"We will be extremely pro-active in chasing these people. It is a procedure that will take time but we will have foolproof procedure," the finance minister said.

Responding to questions over what had been done to bring back black money, he said in the very first meeting of the Modi Cabinet in May, a decision was taken to set up a special investigation team (SIT), a proposal regarding which had been pending since July 2011.

The government, he added, has handed over all the documents relating to black money to the SIT which will be submitting its second report to the Supreme Court by the end of this month.

On demand for disclosure of names of account holders, he said, "the question is not whether to disclose the name but how and when to disclose them".

He, further, said that premature disclosure of names would help the account holders as it would prompt countries to refrain from providing information.

The government will not follow "suicidal" course by disclosing the names, Jaitley said, adding it could only be a "one-day thrill".

"We have to disclose the names in a very prudent and thoughtful manner," he said.

India has 92 Double Taxation Avoidance Agreements (DTAAs) with various jurisdictions and except one with Romania, all have confidentiality clauses, Jaitley said.

He said India is in the forefront of global efforts to fight the menace of black money for automatic exchange of tax information.

The initiatives have been taken at various fora like G20, OECD and FATCA (Foreign Account Tax Compliance Act) being proposed by the US.

He said the US is signing agreements with various countries for automatic exchange of information and if India does not do so, it will not be able to get information from the US as well as others who sign such agreements.

He said India has a choice of joining the mainstream or walk lonely. "We are going to have automatic exchange of information," he added.

Jaitley said the government has held discussions with Switzerland for sharing of information on Indians having illegal accounts in Swiss banks.

RBI Found Negligent In Chit Fund Schemes?

2014-11-12T15:57:00.002-08:00

Enforcement Directorate says RBI could have acted against Ponzi companies-Business Today

The Enforcement Directorate (ED) is looking into 'role' of senior Reserve Bank of India (RBI) officials for not taking any action in major Ponzi scams like Saradha and Rose Valley as the investigative agency is not convinced by the Central bank's argument that it did not have powers to act in these cases. A senior ED official told Mail Today that Section 58 B of the RBI Act clearly empowers officials of the Central to take action in scams related to companies that collect money from the public.

Section 58 B states, "Whoever in any application, declaration, return, statement, information or particulars made, required or furnished by or under or for the purposes of any provisions of this Act, or any order, regulation or direction made or given there under or in any prospectus or advertisement issued for or in connection with the invitation by any person, of deposits of money from the public willfully makes a statement which is false in any material particular knowing it to be false or willfully omits to make a material statement shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine."

According to sources, ED had questioned both RBI and Security and Exchange Board of India (Sebi) officials for their response to these scams. Although Sebi had initiated prosecution proceedings against these complaints, RBI had not taken action on the grounds that its role is merely regulatory in nature.

ED has also sent a detailed questionnaire to RBI on the issue but has not received a satisfactory reply. RBI replies are reported to be vague and evasive and ED has asked them to provide specific answers to the queries.

So far, ED has attached Saradha Group properties worth Rs 600 crore in West Bengal, Jharkhand, Assam and Odisha. However, some action taken by the Shyamal Sen Commission, formed by West Bengal to refund money to the depositors, is causing problems in going ahead with the legal process. ED does not have adequate manpower and logistics support. The Central Bureau of Investigation also plans to examine some RBI officials in connection with the Saradha scam as it has found certain instances for which clarification is required from the bank.

INACTION
>> ED says Section 58 B of the RBI Act clearly empowers officials of the Central to take action in scams related to companies that collect money from the public

>> According to sources, ED had questioned both RBI and Sebi officials for their response to these scams like Saradha

>> Although Sebi had initiated prosecution proceedings against these complaints, RBI had not taken action on the grounds that its role is merely regulatory in nature

>> ED has also sent a detailed questionnaire to RBI on the issue but has not received a satisfactory reply

>> RBI replies are reported to be vague and evasive and ED has asked them to provide specific answers to the queries

http://businesstoday.intoday.in/story/ed-blames-reserve-bank-rbi-of-inaction-against-ponzi-firms/1/212240.html

Banks deposit growth down for the first time in months: RBI

MUMBAI: Bank credit continued its tepid growth yet again, notching up a low 11.17 per cent to Rs 62,72,621 crore, according to the latest Reserve Bank of India data.

For the first time deposit growth, after running ahead of credit throughout the year, came down to 12 per cent to Rs 82,76,945 crore for the fortnight ended October 31, RBI data said.

In the corresponding fortnight last year, bank credit stood at Rs 56,41,910 crore, the RBI said in its fortnightly report.

In the reporting period, deposits grew 12 per cent to Rs 82,76,945 crore compared to Rs 73,92,540 crore in the year-ago period.

It may be noted that deposit growth has been pacing up by three to five percentage points more than credit growth throughout this fiscal, leaving banks to struggle with excess liquidity and also forcing them to slash term deposit rates.

Credit has not been growing since corporates have been keeping off investments and prefer the overseas debt market to raise working capital loans for their foreign operations.

Demand deposits jumped by 13.12 per cent to Rs 7,57,519 crore in the reporting period from Rs 6,69,659 crore during the same period last year.

Time deposit rose by 12 per cent to Rs 75,19,415 crore in the period as against Rs 67,22,880 crore during the same period last year.

BJP Discloses Three Names of Black Money

2014-10-27T06:59:00.001-07:00

Centre names 3 black money account holders in affidavit to SC-Times of India

NEW DELHI: The Union government has named three persons who are black money account holders in an affidavit to the Supreme Court.

The three persons named are Pradip Burman, director of the Burman group and one of promoters of Dabur group, Pankaj Chimanlal Lodhya, a Rajkot-based bullion trader and Radha S Timblo, a Goa-based miner and owner of Timblo Pvt Ltd.

The Centre told the court that it had no intention to withhold names of persons who have stashed black money abroad and stated that information received from foreign countries will be disclosed in all cases where tax evasion is established.

Every foreign account held by an Indian may not be illegal, the Centre said, adding that names cannot be disclosed unless there is prima facie evidence of wrongdoing.

It also told the court that Switzerland has indicated willingness to provide information on black money in cases where probe has been done by IT department.

Television reports also indicated that four members of the Congress party, including a former minister of the previous UPA regime, are under investigation, and added that their names may be revealed after the probe is completed. Among the four Congress party members are two belonging to powerful political families in the state of Maharashtra, the television reports further stated.
Last week, it was revealed that the Centre was likely to tell the apex court the names of the people against whom strong evidence exists of stashing away black money in Swiss banks in a major step in its crackdown on India's parallel economy.

On Monday, attorney general Mukul Rohatgi is reported to have submitted a supplementary affidavit in the apex court detailing plans to submit the list of names in a sealed envelope.

The court is due to continue hearings on a petition on black money the following day.

Prime Minister Narendra Modi's government is moving fast to repatriate hundreds of billions of dollars in slush funds or black money stashed abroad, as part of a wider clampdown on corruption that he promised during his election campaign.

The government is building pressure particularly on Switzerland, seeking details of Indians who have parked unaccounted for money in Switzerland's highly secretive banks. It has quickly implemented a Supreme Court directive to set up a high-powered special investigation team, headed by retired judge M B Shah, to look into the issue.

While there are no official estimates, Global Financial Integrity (GFI), a Washington-based think-tank, has estimated that Indians had parked USD 462 billion in overseas tax havens between 1948 and 2008.
Black money arises mainly from incomes not disclosed to the government usually to avoid taxation, and, sometimes, because of its criminal links. About a third of India's black money transactions are believed to be in real estate, followed by manufacturing and shopping for gold and consumer goods.
Earlier, the BJP government had told the apex court that it could not disclose the names of those who have deposited money in banks abroad as it this would jeopardize tax agreements with nations providing those names to India.

There were murmurs of protest within the ruling BJP that not disclosing names would hurt the party's image after it had made bringing back black money, a key issue in a general election that it won by a landslide. The Centre's stand also drew a strong response from the Congress, which accused it of hypocrisy.

Turning the tables on the Congress, finance minister Arun Jaitley had recently said the disclosing of names of people holding black money accounts will embarrass the opposition party.

The Congress had hit back, daring the government to come out with complete information without indulging in "selective leaks" and pointing out that "the Congress is not going to be blackmailed under any such threat".

It is Unfortunate that every person having a foreign bank account is being painted with the same brush: Burman Group

http://timesofindia.indiatimes.com/india/Centre-names-3-black-money-account-holders-in-affidavit-to-SC/articleshow/44945687.cms

My Opinion is as follows

Some of media men , some political opponents of BJP and some blind supporters of Non-BJP parties are trying to tarnish the image of ruling party for the failure of disclosure of men who are having black money in foreign banks. Some of them are suggesting PM Mr. Narendra Modi for disclosure of big fishes.

May I ask these stalwarts, that if a person gives a statement in media that Sri Arvind Kejriwal and Yogendra Yadav of Aaam Admi Party are having black money amounting to Rs.3000 crore in Swiss Bank, Will they build pressure on GOI for disclosure of their name? If they have adequate proof against anyone who is having black money in foreign bank, it is their duty to file a PIL in court of law to ensure return of money back into Indian banks.

Similarly if some frustrated persons inform media that some of reputed media men and some of veteran leaders of Congress Party, RJD, BSP, SP etc are having Ten thousand crore rupees of black money parked in various foreign bank, what these commentators who blame BJP on TV media or corner meetings will suggest immediate course of action to bring back money from foreign banks.

There are as many as one crore Indians who are working outside India and having accounts in foreign banks.

From prejudiced eyes of anti BJP commentators including media men who cry daily during TV debates ,Are all employed youths who are working abroad also punishable for having account and money in foreign bank?

Are their balance in accounts in foreign banks is to be painted as black money.?

If not , which is the most proper, judicious and fittest yardstick which will measure the quality of money in foreign banks and tell the colour whether it is black or it is white. Critic of BJP should tell the people of India in clear terms in the larger interest of the country. They should stop mugslinging process which adversely affects the image of the country and that of Indians.

India has signed double tax avoidance treaty with countries from whom the information related to back money has come to India. The agreement was signed much before BJP or NDA assumed power. Now as per terms of the agreement if BJP shares the information with media ,it may give MASALA to media and common men or opponents to fire bullets against the current government at centre led by Narendra Modi , but the foreign countries will stop disclosing names in unison with the agreement already signed by none other than Indian Government . It is immaterial whether BJP or Congress Party signed the agreement.

However as soon as the charges against culprits are established, the name can be disclosed, as I understand from newspaper information. However the final order of Supreme court in this matter will throw light on this issue, how to deal with a situation where the country has to respect treaty signed by a government of India.

It is undoubtedly true that government, NDA or UPA cannot go against the spirit of agreement already signed with foreign countries by Indian government, headed by NDA or UPA , otherwise India as a whole will lose its credibility in international forum. No other country will sign such agreement in future with India. There are specific clauses in the tax treaties with countries (which have furnished names ) that prevent sharing of information. However the information is in various stages of processing and investigation and as soon as it is established that the charges are fit for legal action , the name will automatically come to media. I hop media will also understand the intricacies of treaties and will not give scope foreign countries to dilute their faith on India.

So far as election campaign is concerned, it is not only BJP but all political parties resort to various promises to attract voters in their fold. Promises are not always fulfilled . It is easy to distribute freebees to lure voters from government fund , it is easy to approve quota for various castes and communities, it is easy to sanction subsidies for various projects, it is easy to grant release of prisoners to please voters of some community but it is not easy to violate international treaties.

　
Now BJP government will have to make effort to alter the terms of agreement and make it convenient to disclose the name of persons who parked black money in foreign banks. It is in the interest of the countries that huge amount of black money parked in other countries to evade tax must be brought back to India and real culprit must be brought to task .It is clearly visible that BJP led NDA government has taken up the matter with Swiss government and left no stone unturned to achieve desired outcome. Matter is moving ahead fast and one can hope for better outcome in near future.

Last but not the least ,media men or some opponents of Mr. Modi are trying to trap Mr. Modi only because his government has stated in Apex Court Today that the government cannot reveal the names provided by foreign banks because international treat does not permit it. They should know that even money parked in Indian banks, black or white cannot be disclosed until it is proved that the money kept in a particular account is black or illegally earned. Secrecy Act in India prohibits banks sharing any information to depositors or borrowers until asked under legal provisions or an order to this effect is issued by any court.

Black money is kept not only in foreign banks but also in Indian banks in volume much more than it is foreign banks. Government will have to strike at the root cause of creation of black money. GOI will have to investigate how tax evasion takes place in such large volume and how does it not comes in the knowledge of tax officials. GOI will have to introspect why court failed to punish black money creators , why and how team of Chartered Accountants in nexus with tax officials help businessmen small or big , in tax evasion or in payment of tax which is too low in comparison to income really earned by a businessman.

BJP should also learn lesson from this episode that a party should not make such promise fulfilment of which is dependent on other nation and international rules and ethics. Indian government or Indian political parties can function as per their constitution within their boundaries only but cannot take decision which may affect the rules of other countries.

If UPA or Congress Party feel that there is no such treaty in force and they are not part of any such treaty which bars disclosure of name, they should strongly oppose the stand taken by BJP and put forward all such document in public domain in the larger interest of the country. But it is also true that even Congress Party did not disclose the names which they received during their tenure . And if what BJP government has stated in Supreme Court is true , Media men and opposing parties should stop mudslinging process on TV to save the country's image in world forum.

Last but not the least, even role of Supreme Court is limited in matters which are linked to international treaties and rules.

I am submitting below a few letters/blogs written by me in past few years during UPA rule
which are eye- opener for those Politicians, media men and nationalists are misguiding people of India on black money issue . Majority of debate carried out on Black money are not at all close to ground reality of black money. Politicians and media men are talking with prejudiced eyes and are not ready to accept truth publicly.

I simply ask a question to them whether they can disclose the money white or black parked in Indian banks by any Indian individual or company unless and until it is proved in court of law that the money held in account in a bank is black and not accounted for in annual return?

Common men who do not understand the intricacies of black money and white money can be misguided to please one section or the other of political class, but cannot help in getting back black money parked either is Foreign Bank or in Indian Bank.

One may say without any doubt and without any hesitation that there is no branch of any bank in India which can claim that they do not have accounts which are used for parking black money.

However it appears that the current BJP led government is moving in right direction without leaving behind any doubt on their integrity.

I submit below one of my blog published on 6th April 2009

It is beyond imagination that government of India will be able to bring all money black or white to India. I am unable to understand when and how government will be able to ascertain the color of money until foreign bank provides true information on all accounts and Indian inspecting officers have willingness and enough resources to reconcile the same with IT return of the same person in India to assess the true colour of the money.
There are many reasons behind it. Some of the reasons are submitted below.

Foreign bank will not agree to share information with our country as long as there is mutual agreement between the two countries for mutual share of information.

As per Indian law I think even Indian bank or Indian government has got no right to share information of any account of any person in India with foreign bank or any foreign based authority.

Foreign based banks as learnt from various articles in this respect do not ask for much information about person ,opener of accounts as much as person opening account in Indian banks are supposed to provide to the banks (strictly as per KYC norms)

Income tax officials are not so much honest and sincere that they will try to catch such person. Had they been so much sincere and honest they could have caught black money parked in Indian Banks and which is at least hundred times of what amount is said to be parked in Swiss bank or any other foreign based bank. In fact it is they (IT personnel) who teach taxpayers method of saving tax and how to evade tax because they get bribe in cash or kind from such taxpayers.

Government of India is made of dirty politicians and they do not have real willingness to make such stringent rules which forces Indian taxpayers or Indian Income earners to declare the income truly, honestly and correctly in their IT returns. Because survival and development of India Politicians lies on the existence of black money only

Entire politics of India runs on black money and without help of such black money any political party or any individual contesting election cannot imagine of spending crores of rupees in election. Most of the candidates in current election has declared income and declared capital of less than one crore but he will spend not less than five crores to win the election. Wherefrom such money comes is such question which none can answer correctly.

Majority of government officers have huge unaccounted money and it is they who can afford buying a house worth more than a crore in the mid of the town. Very few of honest employees in any department can imagine of purchasing a house worth even twenty to thirty lacs in white money (house in India is traded in two parts, one white money and another part of cost is in black money) because real cost of such house including black money is always more than at least sixty lacs.In India there are hardly one out of 100 house worth more than a crore is registered in true value of the house. Government can easily count such houses in each town and find out real tax evaders if they are really interested to catch black money.

Obviously it s an open secret that there are plenty of black money in Indian economy and Indian government has failed to curb it despite promises and hue and cry made by several VIPs and despite shedding crocodiles tears by so many politicians. Therefore one cannot even dream of getting Indian black money parked in foreign banks. Doing politics is one thing and doing something real is entirely a different story.Lastly I would like to suggest government of India to discard adherence of KYC norms and remove anti money laundering act and ask all banks to open account in any manner in the name of any true or false person and allow money to be deposited in Indian bank. In this way entire black money will come back either in bank or in circulation. At least money will not be parked in foreign banks in Indian banks accept money freely.

This is desirable because government of India cannot control effectively inward and outward remittances taking place through banking channel despite all claims and assurances of controlling authorities. Money going abroad through fictitious import and export still persists in trade and growing day by day. Not to speak of money being imported or exported, even arms and ammunition are being imported in disguise to spread reign of terror by terror groups and Indian government remain silent spectator .Inspite of several steps taken by government of India for last two three decades and inspite of several stringent laws in this regard to curb spread of black money transaction ,our law enforcing agencies in collusion with politicians have miserably failed to effectively enforce existing rules and ensure finish of black money from the system.

It is absolutely true that black money generated and accumulated by Indian businessmen and bribe money earned by servicemen and politicians are mostly parked in Indian banks or invested in landed property. Bribe, graft, kickback etc are mostly used to purchase landed property. This is why landed property worth Rs.100 lacs is actually registered at value of hardly 25 lacs in the office of Registrar.

One can say without any hesitation that black money generated in India in a day is at least equivalent to total value of property sold or bought in India in a day at various offices of registrars. Further to add fuel to fire, value addition in black money is far greater in India than any other country because of greater rate of interest in Indian banks compared to what is prevalent in foreign banks. Value of landed property, gold, silver etc invariably rises year after year at rate more or less equal to interest rate.

This is open secret and every land owner knows that actual sale value is at least twice the value at which it is registered. Black money generated through illegal transactions in India is used in real estate sector and then in gold, silver, diamond, share market or in commodity market. It is further converted into number one money either by creating more and more fake files, fake firms and fake transactions or fictitious export and import .Black money generated at foreign centers is either parked in foreign banks or routed back in India through Mauritious like countries.

This is really the big reason why price of landed property is increasing year after year and has really gone beyond the reach of common men. This is the reason that turnover volume has been consistently rising in stock and commodity market .Similarly prices of gold and silver have gone beyond the reach of common men. People who have black money easily hide the same by purchasing gold ornaments or that of silver and diamond. Government is wilfully promoting rise in price in real estate sector and in return their party members get considerable financial help in contesting election and earning wealth for their family.

To add fuel to fire, government has given all types of tax exemption to those who buy house or who avail home loan due to which most of the rich corporate houses and rich individuals have become builders of the town and use this opportunity to convert all ill earned money or black money into number one money.

It is ironical that Doctor Manmohan Singh the great economist, Expert Ex- Finance Minister Mr. Pranab Mukherjee and Ex Finance Minister Mr. P. Chidambram willfully allow unprecedented benefits on purchase of home of whatsoever value it may be. All such tax benefits ultimately go in the hands of rich people. Unfortunately all such promotion to black money takes place in the name of common men, in the name of GDP growth and in the name of development. At the same time these people shed crocodile tears on Black Money and pretend to take against who are tax evaders. As such it is not exaggeration to say that black money produced in Indian economy and parked in India is many times more than the total amount of black money said to be parked in Swiss bank or in other in foreign banks. And growth rate of black money is also greater than that of GDP growth or inflation rate.

Government should make efforts to reduce creation of black money in following ways.

First and foremost is very simple solution to the problem of black money and it is minimizing cash transaction. As per company rules all payment above value of Rs.20000 should be through cheque but still companies are making purchases in cash .Ramdeo Baba has right pointed out that notes of Rs.500 and Rs.1000 should be demoetised.Even Rs100 note should be demonetized. Politicians always talk of poor farmers, small traders to continue their earning through evil means. More than 90 percent of population of India does not earn 100 rupees a day; more than 50 % of population does not earn even Rs.20 a day. As such they will not face any problem. In developed countries like USA, 99 percent of sale and purchase take place through cards or bank cheques and after giving acceptable identity only. In India 90 percent of sale and purchase takes place in cash. Government should try honestly to remove all constraints coming in way and ensure that more than 90% of such transactions takes place through cheque .

Most of traders and manufacturers and government officers are perhaps aware that only in Delhi purchases by traders takes place in hundreds of crores of rupees in cash , or by Rs.9000 demand draft ( less than Rs.20000 DD can be purchased in cash). Draft of value less than Rs.20000 are purchased by traders in every nook and corners of the country and used in Delhi to buy goods and these DDs circulate as hard currency and as black money for six months (period for which DD is valid in banks).If all purchases in Delhi, Surat, Rajkot, Kolkata, Mumbai start taking place in cheque, they seller will start selling on bills and paying tax.

Secondly government should try to bring all incomes generated by servicemen, traders and manufacturers in tax domain. for this purpose they should stop all types of reliefs, concession exemptions. Chartered Accountants and Tax consultants guide Income tax payees how to save tax and how to avoid tax payment. Severe punishment should be given to CAs who is master in converting black money into white money. Tax exemption limit should be upto ten lacs should be permissible so that number of service men are excluded from tax payment and in this way tax authorities will have controllable numbers of assesees to scrutinize. Those IT officials who allow tax evasion by taking bribe should be severely punished in shortest time so that there is demonstrative effect on juniors and babus working in his office.

Thirdly all purchases of house, lands and commercial property should be thoroughly checked by IT officials and where the sale value shown is far less than prevailing market rate , they should be allowed to either cancel the deal or they should purchased the property on behalf of the government and distribute among poor and middle class service men. In Mumbai itself flats worth more than a crore rupees is registered at value Rs, 25 to 50 lacs. Such low valued registration takes place in India every day in good numbers and government is fully aware of it. Most of the netas and officers are purchasing high value properties and it is they who are supposed to stop creation of black money. Birds of same feather flock together. Officers and politicians save each other , thieves always have good relation among themselves so far as action against them by police is concerned.

Fourth, government should adequate manpower in police and judiciary to ensure that pendency of FIR and court cases in Thana and courts respectively is brought down from 50 millions to 50 thousand and lower .There should be fear of law in the minds of all evil doers. Action should be sever and quickest against those who violate rules. There should be honesty in execution of laws too. Law enforcing agencies if found on wrong path should be severely punished. Officers and politicians who hold top post and commit mistake or indulge in illegal practices should be punished more so that subordinates working under them do not dare to think of taking bribe or illegal money from any citizen.

Fifth root cause of all corruption is dishonesty in recruitment, promotion, posting and transfer of staff working in government offices. Corrupt officers humiliate honest officers and reject them in promotion processes or post them at the most critical places. Due to this culture of flattery and bribery takes the root in all organization. Property of all top ranked officers and ministers must be checked and those found to be guilty of earning money through bribe either in cash or in kind must be brought to task immediately and severely to demonstrate his subordinates that evil workers are not spared. Such corrupt officers should be removed from the services and those honest officers who have been sidelined should be brought back in mainstream to give a moral boost up those who are devoted workers. For this purpose all officers who have been elevated violating seniority should be given their due award and on the contrary officers who promoted this unhealthy culture should be demoted and posted at critical places.

Expenses on all types of election should be banned. Any Indian citizen who is recognized in an population area of say 10000 should be allowed to contest and do door to door campaigning to prove his caliber and popularity. Each such elected person should form a body and then they should elect one person for each black and each district. No rally, no pamphlets, no car rally , no processions, no banners and in brief no expenses either on nomination or on campaigning. Politicians are very clever and it is they who promote black money and it is they who taken huge money from corporate houses, top ranked traders, high profile servicemen, professionals and businessmen to enrich their political fund.

Crores of rupees are spent by all contesting persons in a general election and all these money are nothing but black money. Users of black money cannot allow stopping of creation of black money as long as government do not ban all types of expenses. Politicians always talk of government funding and never talk of reducing expenses. It is these hard core politicians who by dint of their huge money power purchase voters, give them temptations of various types of gifts and strangulate democracy. In fact democracy and secularism are two words which have been used by politicians as tools to befool and loot Indian citizens. These clever politicians divide the voters on caste and communal grounds, backwards and forward ground, poor and rich ground, regional and religious ground and finally win the election to perpetuate their job of looting the nation. They know very well that Indian laws are in their hands and they can manipulate police, judiciary, law enforcing agencies, vigilance agencies and administration by dint of their money power and by dint of their post.

Corrupt practices and use of black money is so much deep rooted that one can say without any doubt that democracy and secularism are meant for corrupt people only. Government is made of corrupt persons, made for corrupt persons and made by corrupt persons.

And so on

…………………

Government has to ensure rule of law in all its offices. Government has to creat fear of law in the minds of common men , poor and rich without any discrimination based on caste, community , region or religion.

Last but not the least government has to demonstrate their good intention by actions not by making false promises in public rally. Cleaning process should start from top and not from bottom as usually happens. Government has to ensure that officers and babus posted in all its offices work honestly for the country and at the same time all elected representatives like MLA and MP should move in the field to ensure complete, perfect and judicious executions of plans and policies formulated by the government. Now- a- days even MLA and MPs are highly paid government servants and hence supposed to work 12 hours a day as government servants do in other offices and departments. Top ranked officer should not expect red carpet welcome from their juniors and all types of expenses on show business must be stopped forthwith so that flattery culture in employees is transformed into work culture.

Love for the country should be made inevitable and not negotiable on caste or communal ground.

Black Money in India, in Indian banks and invested in real estate sector is many many times greater than total of black money parked in various foreign banks including that in Swiss Bank. UPA Government in Delhi has been making various lame excuses for its failure in declaration of black money held in foreign banks as National assets. But do they fail to stop game of black money in India itself.

It may be difficult for the government to force foreign banks to declare details of account holders. But I am unable to understand why government in not interested to strengthen control mechanism on financial transactions to stop continuous escalation in black money racket in India and why government fails to unearth black money from Indian market and why does it fail to punish real perpetrators of black money.

Government is adamant not to accept strong Jan Lokpal Bill proposed by Civil Society team led by Anna Hazare. Government has threatened to take action against Anna Hazare and his team if they start fast unto death from 16^{th of July as proposed by Anna to force government to accept their draft for Lokpal. Mr. Digvijay Singh veteran spokesman of Congress Party has already threatened to take action against Anna in the same way as Delhi Government they did against Ramdeo Baba on June 4 at Ramlila Ground Delhi.}

I am unable to understand why the government is bent upon teaching a lesson to those who are selfless leaders, who are fighting against corruption, who have raised voice against corrupt system, who want nothing but change in the system and who are well wishers of the country.

Why government is not teaching lessons to Naxalites and Maoists who are indulged in killing of innocent people in various naxal affected belts in India and who are engaged in forceful extortion of money from businessmen, servicemen, police officials, politicians, administrative officers and contractors and all affluent persons of the society.

Why government is not interested to teach lessons to those corrupt officers and corrupt politicians who are looting the country .Why does government want to provide shield to corrupt politicians including Ministers, MPs, MLAs, corrupt judges and corrupt officers. Why the government is not interested to pursue cases of high value scams which are being investigated by CBI and other agencies at the instance of Supreme Court and High courts.

Why is government showing its indifference on relentless price rise and not punishing black marketers, hoarders and smugglers who are charging abnormal profits on their products and services.

Why is government silent on large scale use of black money in educational institutes, real estate sector, hospitals, hotels, public rallies, and welcome parties organized by flatterers in various offices etc .

Why government is hesitant to arrest top ranked bankers, doctors, engineers, IAS officials, IT officials, CAs, Advocates, custom officials and various brokers in share market who are indulged in corrupt practices.

Since the leaders of Congress Party are in power, they cannot be allowed to threaten well wishers of the country .If government is of good intention they can exhibit the same by taking action against top ranked corrupt officers and corrupt ministers by using existing laws and rules. People do not like that low level junior babus and officers be made scapegoat for evil works done at the instance of top ranked officers and minister.

If they fail to act effectively against looters of the country and continue to cheat people of India on some ground or the other and go on punishing innocent people fighting against corruption, I hope voters of India will ultimately punish the current ruling party.

Of course the present government can misuse the power for a few years in want of disunity of opposition parties, but not for a longer period. Late Indira Gandhi after her defeat in election petition at Allahabad High Court had imposed emergency in the country and arrested all prominent leaders of opposition parties. But her reign of injustice could not last long. People voted her out due to emergency excesses and Janta Party came to power. History is going to be repeated as it appears to common men.

Since the movement launched by Ramdeo Baba and Anna Hazare is peaceful movement and not violent movement as launched by Telangana fighters or Gujjar fighters, government is contemplating of stern action. If the movement becomes widespread and violent, the situation will go beyond the control of the government and its leaders will fail to continue their dirty politics as they usually do against their opponents.

Government Should Not Disclose Names

2014-10-26T16:33:00.000-07:00

'Narendra Modi govt must not reveal black money holders names on India list'-Financial Express
(Read My Views here--Bank cannot Disclose Name Of Black Money Holders)

Days after PM Narendra Modi govt indicated its reluctance to reveal names of black money holders in India present in list and amid a growing clamour for naming of alleged black money holders, industry body Assocham today said the government should not prematurely disclose the names of such persons as it could hamper battle against this menace - albeit the issue has become opaque after FM Arun jaitley said he may reveal names after all.

"The double taxation avoidance treaties are important for the Indian residents and corporates which can avoid paying taxes twice. Revealing the names of individuals allegedly holding unaccounted money can make to headlines but will surely make India's battle against the menace weak. Besides, violation of DTATs will deal a severe blow to the country’s credibility," it said in a statement.

Read My Views On Black Money __Government Cannot Disclose Names of Black Money Holders

"If names are placed in public domain and those named finally do not get convicted, there would be immense damage to the reputation of the individuals or entities ... Impression should not be given as if there is a wild goose chase which can harm the entire jurisprudence," it said.

It also appealed to the different political parties to see reason while exerting pressure on the government to disclose classified information about individuals or entities relating to their alleged illegal accounts abroad.
"The best course would be to bring in systemic changes so that the premium on black money is diminished and with the help of technology, transparency is taxation becomes order of the day," it added.

Bitter Truth By Danendra Jain
Finance Minister Arun Jaitley has said that the name of persons would be disclosed as and when the cases are filed in the court.

The government, Jaitley has said in his Facebook post, "stands committed to detect the names, prosecuting the guilty and making them public. We are not going to be pushed into an act of adventurism where we violate the treaties and then plead that we are no longer able to get the cooperation of reciprocating states...".

Appreciating Jaitley's stand on black money issue, the chamber said it is sensible to respect the double taxation agreements as 'adventurism' could weaken India's resolve to fight the menace.

Editorial: Getting black money back

Though finance minister Arun Jaitley has stirred a hornet’s nest with his comments that a UPA minister may be on the list of those who had stashed money abroad, and whose names have been made available to the government, the minister is savvy enough to know that just holding a Swiss account may not amount to much. Which is why he has said that the government would make public the names in accordance with the law; as and when the charges are filed against these people, their names will automatically be made public. This, of course, is where Jaitley will have to really lean on his tax officials. While there is little doubt the amount of black money stashed in overseas banks can be nowhere near the amounts mentioned by the likes of either Baba Ramdev or LK Advani, the taxman has not made much progress in investigating the names of account holders it has got so far.

While the UPA commissioned three studies on black money, it didn’t come up with a concrete plan on how to tackle the black money held overseas. And the account names started coming in way back in 2008. Not only did the taxman fail to follow this up convincingly, in the case of Hasan Ali where a R1.16 lakh crore tax evasion case was made out, the finance ministry later said the case may not be sustainable. Indeed, as compared to the billions of dollars stashed abroad, the government has just recovered around
R200 crore by way of taxes and penalties.

Even now, after all the cooperation between Indian and Swiss authorities, the taxman will have to go and make out a case of illegal incomes on which no taxes have been paid. If a firm with a Swiss bank account is incorporated in a tax haven, there is no case of evasion that can be made out, even if there are billions of dollars in its account. Given that the G-20 have got together to declare war on tax havens, it is possible that some of this may change in the future when tax havens are all outlawed. Till then, if the taxman wants to catch illicit wealth, he will have to make a solid case, file it in court, and then go through the process of proving the case.

Black money in India: HSBC list has 628 names, top amount $18 mn

Only about a fifth of the individuals or entities named in the so-called HSBC black money list on India of alleged foreign account holders have acknowledged their ownership of the accounts. These individuals or entities — 136 in number — have either paid, or are in the process of paying, penalties for concealing incomes.

The HSBC black money list contains names and holdings of individuals or entities with accounts in the Geneva branch of HSBC's Swiss subsidiary HSBC Private Bank. The information was stolen from the bank by a former employee on a particular day in 2006. The list was given to India by France in June 2011.

According to documents accessed by The Indian Express, the HSBC list contains names of 628 Indian individuals or entities. The Income Tax Department has so far found matches between names and addresses in 418 cases. In 282 of these cases, however, either the account number or the balance in the account is not available.
In general, the list contains four sets of information: name, address, account number and balance.

Of the 136 individuals or entities who have acknowledged the accounts, many have pleaded that they were not aware of their existence, but would pay the tax and penalty due, senior I-T officers involved in the investigation said. Many of these 136 accounts show zero balance.

The addresses against 12 of the 418 names in the list belong to Kolkata. However, only six have confirmed that the account belongs to them.

The highest amount in the list is $ 18 million, allegedly belonging to two top industrialists.
The most common surnames on the list are Mehta and Patel.

French authorities had secured the list from software technologist Hervé Falciani, who has been collaborating with several European countries tracking suspected tax evaders with accounts in Swiss banks. The list contains alleged account data on the date Falciani procured them.

The Indian Express was the first to report in August 2011 that the French had handed over to India the list of HSBC account holders of Indian origin. The government is in the process of sending a list of 50 names from the 136 to Swiss authorities to confirm the authenticity of the information.

My Views Are Given Below

I simply ask a question to them whether they can disclose the money white or black parked in Indian banks by any Indian individual or company unless and until it is proved in court of law that the money held in account in a bank is black and not accounted for in annual return?

Common men who do not understand the intricacies of black money and white money can be misguided to please one section or the other of political class, but cannot help in getting back black money parked either is Foreign Bank or in Indian Bank. One may say without any doubt and without any hesitation that there is no branch of any bank in India which can claim that they do not have accounts which are used for parking black money.

However it appears that the current BJP led government is moving in right direction without leaving behind any doubt on their integrity.

To Read Click on following Link
Media men and news analysts and Politiicans are telling lie on Black Money

Erosion Of Moral Values Will Prove Disasterous

2014-09-05T20:00:00.002-07:00

नहीं स्वीकार करना चाहिए था सतशिवम को राज्यपाल पद! By हरिवंश (Prabhat Khabar)

भारत के पूर्व मुख्य न्यायाधीश सतशिवम इसी वर्ष 26 अप्रैल को रिटायर हुए. उन्होंने शुक्रवार, पांच सितंबर को केरल के राज्यपाल पद की शपथ ले ली. अब राज्यपाल बननेवाले भारत के वह पहले पूर्व मुख्य न्यायाधीश हैं. कानूनन, रिटायर होने के बाद जजों पर नये पद स्वीकार करने या नये दायित्व संभालने की पाबंदी नहीं है.

पर इस नियुक्ति ने कई गंभीर सवाल खड़े किये हैं. सबसे तल्ख प्रतिक्रिया, मुख्य विरोधी दल कांग्रेस ने दी. कांग्रेस ने पूछा कि अमित शाह मामले में, क्या न्यायमूर्ति सतशिवम के फैसले का यह तोहफा है? पर कांग्रेस के ही दूसरे चर्चित नेता, मनीष तिवारी ने प्रतिवाद क्रिया कि पूर्व मुख्य न्यायाधीश द्वारा राज्यपाल पद स्वीकार करने में कोई संवैधानिक या कानूनी अड़चन है ही नहीं. इससे कांग्रेस में ही विवाद छिड़ गया. दरअसल, राजनीति में अशुद्ध परंपराओं की जननी, कांग्रेस है.

इसके पहले सुप्रीम कोर्ट की एक रिटायर्ड जज, न्यायमूर्ति एम फातिमा बीबी, 1997 में राज्यपाल बना कर चेन्नई राजभवन भेजी गयीं थीं. 1960 के दशक में भारत के एक और पूर्व मुख्य न्यायाधीश, न्यायमूर्ति पीवी गजेंद्र गडकर एक विश्वविद्यालय के वाइस चांसलर बनाये गये थे. कांग्रेसी यह भी भूल गये हैं कि पूर्व मुख्य न्यायाधीश केजी बालाकृष्णन को राष्ट्रीय मानवाधिकार आयोग का अध्यक्ष भी बनाया गया था. तब इस फैसले को लेकर तीव्र विवाद हुआ. इस पूर्व मुख्य न्यायाधीश के अनेक सगे-संबंधियों पर बेनामी संपत्ति के गंभीर आरोप थे.

पिछले साल अगस्त में कॉमन कॉज संस्था ने सुप्रीम कोर्ट में एक याचिका दी, जिसमें पूर्व मुख्य न्यायाधीश केजी बालाकृष्णन को राष्ट्रीय मानवाधिकार के पद से हटाने का आग्रह था. 04 अप्रैल, 2011 को सुप्रीम कोर्ट में याचिका दायर करनेवाले प्रशांत भूषण ने प्रधानमंत्री और राष्ट्रपति को भी न्यायमूर्ति बालाकृष्णन की बेनामी संपत्ति, आय से अधिक संपत्ति और उनके निकट के रिश्तेदारों-सहयोगियों की संपत्ति समेत कई कामों का ब्योरा दिया.

पिछले साल जून (21.06.2013) में हिन्दुस्तान टाइम्स की खबर थी, गवर्मेट वुड नॉट रिवील एसेट्स प्रोब फाइडिंग एगेंस्ट किन ऑफ एक्स-सीजेआइ (पूर्व न्यायाधीश के संबंधियों के खिलाफ संपत्ति की हुई जांच को सरकार उजागर नहीं करेगी). इस तरह बालाकृष्णन की नियुक्ति को लेकर अनेक गंभीर सवाल तब खड़े हुए. पर यूपीए सरकार, राजनीतिक मर्यादा और स्वस्थ परंपरा से बेखबर रही.

कांग्रेस के मनीष तिवारी ने ही सतशिवम की नियुक्ति का विरोध करनेवाले कांग्रेस प्रवक्ता, आनंद शर्मा को जवाब दिया कि नब्बे के दशक में कांग्रेस ने ही एक पूर्व मुख्य न्यायाधीश, रंगनाथ मिश्र को रिटायर होने के बाद उड़ीसा से राज्यसभा में भेजा था. यह राजनीतिक विवाद अलग है.

दरअसल, हकीकत यह है कि भाजपा, कांग्रेस की अपसंस्कृति की परंपराओं की उत्तराधिकारी बन रही है. बजट बनाने में भी यही दिखा. अब सरकारी कामकाज में भी यही परिलक्षित है. चुनाव से पहले भाजपा का प्रचार क्या था? कांग्रेस की अपसंस्कृति के मुकाबले एक नयी कार्यसंस्कृति देने की.

　
गौर करना चाहिए कि इस इस देश में गैर-कांग्रेसवाद की परिकल्पना डॉ राममनोहर लोहिया ने की. उनके गैर-कांग्रेसवाद का आशय, महज सत्ता परिवर्तन नहीं था. बल्कि एक नितांत नयी कार्यसंस्कृति, राजनीतिक संस्कृति व शासन संस्कृति का जन्म था. ऊपर से नीचे तक. सोचने में, चलने में, काम करने में, बात-विचार में. कांग्रेस के मुकाबले एक नयी समानांतर नैतिक संस्कृति की परिकल्पना. भारत की मिट्टी से जुड़ी नैतिक परंपराओं के अनुरूप सत्ता का संचालन. पर ऐसी नियुक्तियों से भाजपा, कांग्रेस की अपसंस्कृति की राह पर ही तेजी से बढ़ रही है. सतशिवम के राज्यपाल बनने पर दूसरी बहस कानूनविदों, न्यायविदों, बौद्धिकों और मीडिया के बीच है.

सुप्रीम कोर्ट बार एसोसिएशन के अध्यक्ष पीएच पारीख का मानना है कि राज्यपाल सरकार की इच्छा से हटाये जा सकते हैं. इसलिए सुप्रीम कोर्ट के पूर्व जज या पूर्व मुख्य न्यायाधीश द्वारा इस पद को स्वीकार करना सही नहीं है. क्योंकि तब वह गृह मंत्रलय के अधीन होगा. सुप्रीम कोर्ट के ही एक जाने-माने वकील गोपाल शंकर नारायणन कहते हैं कि इससे न्यायपालिका की स्वायत्तता प्रभावित होती है. क्योंकि तब न्यायपालिका के सर्वोच्च पद पर काम करनेवाला व्यक्ति, कार्यपालिका के अधीन होगा. ऐसी स्थिति में भारत के एक पूर्व मुख्य न्यायाधीश को शपथ, उनके एक जूनियर यानी केरल उच्च न्यायालय के मुख्य न्यायाधीश दिलायेंगे. सुप्रीम कोर्ट में जज रहे, केरल के न्यायमूर्ति केटी थामस मानते हैं कि यह पद ‘लोवर पोस्ट’ (नीचे का पद) है. क्योंकि भारत का पूर्व मुख्य न्यायाधीश, वरिष्ठता क्रम में राष्ट्रपति, उपराष्ट्रपति और प्रधानमंत्री के बाद चौथे नंबर पर है, इस तरह न्यायविदों और बौद्धिकों की चिंता है कि बड़े पद पर रहने के बाद, कम महत्व के पद पर जाना गलत है.

यह जान लेना भी रोचक है कि न्यायमूर्ति सतशिवम ने क्या कहा? उनका कहना है कि भारत के अनेक पूर्व मुख्य न्यायाधीश ‘आरबिट्रेशन’ (पंच-फैसला या मध्यस्थ-निर्णय) और ‘कन्सल्टेंसी’ (सलाह देने) का काम करते हैं. पर मैंने गुजरे चार महीनों में कोई व्यावसायिक काम हाथ में नहीं लिया. उन्होंने यह भी कहा कि कुछ उच्च न्यायालयों के पूर्व मुख्य न्यायाधीशों ने कानून मंत्री के रूप में भी काम किया है. इस तरह एक पूर्व मुख्य न्यायाधीश के राज्यपाल बनने की बहस कानूनी दावं-पेच और सही व गलत ठहराने के तर्को के जाल में फंसी है.

　
देश के राजनीतिक गलियारे और बौद्धिकों-न्यायविदों की दुनिया में, इस नियुक्ति को लेकर हो रही बहस को आपने पढ़ा. पर क्या यह नियुक्ति महज इन्हीं दो घेरों तक सीमित है? नहीं.

पूरा देश एक तीसरा और सबसे महत्वपूर्ण पक्ष भूल गया है. वह पक्ष है, महत्वपूर्ण पद पर रहे लोगों के नैतिक होने का. बिना नैतिक हुए यह संसार, समाज या देश टिक ही नहीं सकता. मानवीय मर्यादा, शुचिता और गरिमा ही नयी सृष्टि का निर्माण करते हैं. नये मूल्य गढ़ते हैं. नये समाज को जन्म देते हैं. मनुष्य को नयी ऊंचाई पर ले जाते हैं. यह ऊंचाई भारत को आजादी की लड़ाई के मूल्यों ने दी. उन्हीं दिनों के दो प्रसंग का उल्लेख करना चाहूंगा (इन्हें प्राय: मैं स्मरण कराता हूं, ताकि बार-बार की पुनरावृत्ति से यह लोक स्मृति में जीवित रहे).

　
  पहली घटना इलाहाबाद की है. कैसे जज होते थे, पहले? इलाहाबाद उच्च न्यायालय का यह प्रसंग है. इलाहाबाद उच्च न्यायालय के ही एक रिटायर्ड जज थे. उनका नाम था, एसके धर. वह तीन वर्ष से कम समय के लिए जज रहे थे, इसलिए कानूनी रूप से तब पेंशन के हकदार नहीं थे. इलाहाबाद उच्च न्यायालय से रिटायर होने के कारण उन्होंने वहां प्रैक्टिस भी नहीं की. वह दिल्ली चले गये. उनकी आंखों में तकलीफ हुई. वह अपने गृह नगर आगरा लौट गये. उनके लिए बुरे दिन थे. अभावों के दिन. आर्थिक संकट के दिन. उनकी स्थिति जान कर कलकत्ता (अब कोलकाता) उच्च न्यायालय के मुख्य न्यायाधीश ने उन्हें एक मामले में आरबिट्रेटर (पंच) नियुक्त किया. उन्हें पांच दिन काम करना था, जिसके लिए उन्हें पचास हजार रुपये मिलने थे. न्यायमूर्ति एसके धर ने मना कर दिया. कोलकाता हाईकोर्ट के मुख्य न्यायाधीश को लगा कि शायद फीस कम होने की वजह से उन्होंने मना कर दिया है. उन्होंने पचास हजार रुपये से फीस बढ़ा कर एक लाख रुपया कर दी. तब एसके धर ने कोलकाता के तत्कालीन मुख्य न्यायाधीश को पत्र लिखा कि उन्होंने पहली बार प्रस्ताव ठुकराया, वह कम शुल्क होने के कारण किया गया फैसला नहीं था. न ऐसा है कि उन्हें पैसे की जरूरत नहीं है. बल्कि यह काम न करने का फैसला उन्होंने उस पद पर रहने (न्यायमूर्ति) के कारण किया है, जिस पर वह कुछ वर्ष रहे हैं. न्यायाधीश पद की गरिमा बनाये रखने के लिए न्यायमूर्ति श्री धर ने अभाव का जीवन चुना. संकट को न्योता, पर जिस पद पर रहे थे, उसकी गरिमा घटने न दी. यह सार्वजनिक आचरण, निजी सोच, गरिमा, आत्म-स्वाभिमान, सात्विकता थी, हमारे न्यायमूर्तियों में.

　
एक दूसरा प्रसंग भी इलाहाबाद से ही. इलाहाबाद उच्च न्यायालय में मशहूर वकील थे, कैलाशनाथ काटजू. वह आजादी की लड़ाई में भी शरीक थे. आजादी मिलने के बाद वह गवर्नर बने. जब वह बंगाल के गवर्नर थे, तब की घटना है. उनके पुत्र शिवराज काटजू इलाहाबाद में ही औसत प्रतिभा के वकील थे. उन्होंने अपने गवर्नर पिता को पत्र लिखा कि ब्रिटिश इंडिया कारपोरेशन ने उन्हें कुछ कागजात भेजे हैं, हस्ताक्षर करने के लिए. वे उनको (यानी शिवराज काटजू को) अपने निदेशक मंडल (बोर्ड ऑफ डायरेक्टर) में लेना चाहते हैं. कैलाशनाथ जी ने अपने पुत्र को पत्र लिखा, जिसका आशय था -
प्रिय शिवाजी,
तुम्हारा पत्र पाकर एक पिता के रूप में मुझे गौरव हुआ. ब्रिटिश इंडिया कंपनी में हमारा शेयर मामूली है, जिसके कारण तुम्हें निदेशक मंडल में शामिल करने का औचित्य प्रमाणित नहीं होता. हो सकता है, यह तुम्हारी प्रतिभा के कारण हो रहा हो. इससे मुझे गौरव होता है. पर, तुम्हारी एक मुश्किल है, वह हैं तुम्हारे पिता. हालांकि ब्रिटिश इंडिया कंपनी का बंगाल में कुछ भी नहीं है. वैसे भी राज्यपाल एक कास्मेटिक पद है. मैंने अपने जीवन की पारी खेल ली है और तुम्हारे रास्ते में नहीं आऊंगा. जब भी अपने कागजात दस्तख्त कर भेजना, मुझे सूचित कर देना. मैं इस्तीफा देकर इलाहाबाद उच्च न्यायालय में प्रैक्टिस करने लौट जाऊंगा.

-तुम्हारा पिता

　
शिवराज काटजू ने निदेशक बनने के फॉर्म पर दस्तख्त नहीं किये. अपनी सहमति नहीं दी. इस तरह कैलाशनाथ काटजू ने भी गवर्नर पद से इस्तीफा नहीं दिया. श्री काटजू को लगा कि उनको गवर्नर होने के नाते, ब्रिटिश इंडिया कारपोरेशन कंपनी उनके पुत्र को निदेशक मंडल में रखना चाहती है. इसलिए उन्होंने इस्तीफा देने का मन बना लिया. सार्वजनिक जीवन में इस नैतिक स्तर के थे, हमारे वकील.

न्यायपालिका से ही ऐसे अनेक पुराने प्रसंग हैं, जो हमारे तत्कालीन सार्वजनिक जीवन की उच्च नैतिक मापदंड के प्रेरक प्रसंग हैं. 1980 के दशक की एक और महत्वपूर्ण घटना, पर दूसरे क्षेत्र की.

　
भारतीय स्टेट बैंक के एक चेयरमैन थे, आरके तलवार. इमरजेंसी में सर्वशक्तिमान संजय गांधी के दबाव में उन्होंने उनके चहेतों को गलत लोन देने से मना कर दिया. यह असाधारण घटना थी. पत्रकारिता में भी वे ऐसे दिन थे, जिसे आपातकाल हटने के बाद लालकृष्ण आडवाणी ने यह कह कर याद किया कि जब पत्रकारों को झुकने के लिए कहा गया, तो वे रेंगने लगे. तब एक बैंक के एक चेयरमैन ने एक सर्वशक्तिमान असंवैधानिक ताकत के खिलाफ ईमानदारी और सच का रास्ता चुना. वह हटा दिये गये. वह चुपचाप अरविंद आश्रम पांडिचेरी चले गये. बाद में जनता दल की सरकार बनी, और आरके तलवार की चर्चा एक नायक के रूप में हुई. उन्हें स्टेट बैंक, आइडीबीआइ समेत अनेक महत्वपूर्ण संस्थानों के चेयरमैन बनने के प्रस्ताव मिले. भारत सरकार के अधिकारी, उनके लिए यह प्रस्ताव लेकर पांडिचेरी गये. उन्हें आश्रम के खेत में खेती करते पाया. हर प्रलोभन और बड़े पद के प्रस्ताव को आरके तलवार ने ठुकरा दिया. उन्होंने आजीवन संन्यस्त जीवन जीया. आश्रम में अपनी निजता, स्वाभिमान बचाये हुए.

　
  बचपन में झोपड़ीवाले प्राइमरी स्कूल और टाट के बोरे पर बैठ कर हमारी पीढ़ी के लोग, धोती पहने अध्यापक से अनेक प्रसंग सुनते थे, जो आज भी स्मृति में हैं. उन्हीं में से एक प्रसंग था, जिसका हिंदी आशय है- ‘संपत्ति खत्म हो गयी, तो समझो कुछ नहीं गया. स्वास्थ्य गिरा, तो समझो कुछ नुकसान हुआ. पर चरित्र खत्म हो गया, तो समझो सबकुछ खत्म हो गया.’

　
आज इस मुल्क का असल संकट चरित्र का संकट है. नैतिक संकट है. मधु लिमये ने एक बार लिखा था कि कुछ व्यक्ति बिना पद के भी महान होते हैं. कुछ राष्ट्र के सेवक के रूप में शानदार उपलब्धियों से महान बनते हैं. लेकिन कुछ ऐसे पदधारी भी होते हैं, जो क्षणिक ‘महानता’ प्राप्त करते हैं, लेकिन जब पद छोड़ते हैं या पद छोड़ने को बाध्य होते हैं, तो उन्हें कोई नहीं पूछता. उन्हें कोई रोनेवाला भी नहीं मिलता.

　
आज भारत के सार्वजनिक जीवन की यही कथा है. राजनीति हो, शासन हो, पत्रकारिता हो, सब में चरित्रवान और संकल्पवान लोगों की जरूरत है. झारखंड में एक फिक्सर और दलाल रंजीत उर्फ रकीबुल का प्रकरण सामने आया है. पूरे देश में चर्चा है. मामूली पढ़ा-लिखा, अत्यंत गरीब परिवार से. पर कुछ ही वर्षो में दलाली और फिक्सरी के धंधे से पूरे देश में सार्वजनिक बहस का केंद्र बन गया है. 　

लोवर कोर्ट के अनेक जजों के साथ उसके संबंध. अनेक मंत्रियों-अफसरों के साथ उसकी गहरी दोस्ती. ऐसे रंजीत उर्फ रकीबुल, पूरे देश में पसरे हैं व निर्णायक हैं. रांची से दिल्ली तक. देश के अन्य दूसरे राज्यों की राजधानियों में भी हैं. पत्रकारिता से लेकर विधायिका और कार्यपालिका आदि सभी क्षेत्रों में हैं. राजनीति में भी. क्या कोई देश बिना चरित्र के चल सकता है?

　
न्यायपालिका, भारत की अंतिम उम्मीद मानी जाती है. पर पिछले कुछेक वर्षो में सर्वोच्च न्यायपालिका से जुड़ी खबरों ने देश को स्तब्ध किया है. याद करिए, पिछले साल (12.07.2013) की खबर है, जो इंडियन एक्सप्रेस में छपी थी. गुजरात उच्च न्यायालय के मुख्य न्यायाधीश, भास्कर भट्टाचार्य ने भारत के तत्कालीन मुख्य न्यायधीश, अल्तमश कबीर के खिलाफ शिकायत की. खबर का मूल अर्थ सामान्य भाषा में क्या था? तब गुजरात उच्च न्यायालय के मुख्य न्यायाधीश, भास्कर भट्टाचार्य को सुप्रीम कोर्ट का जज नहीं बनाया गया, जबकि वह देश में सभी हाईकोर्ट के मुख्य न्यायाधीशों की सूची में तीसरे नंबर पर थे. उन्होंने भारत के तत्कालीन मुख्य न्यायाधीश, न्यायमूर्ति अल्तमश कबीर पर आरोप लगाया कि चूंकि कोलकाता हाईकोर्ट में न्यायमूर्ति कबीर की बहन को उच्च न्यायालय का जज बनाने का उन्होंने विरोध किया था, इसलिए उन्हें, न्यायमूर्ति कबीर ने सुप्रीम कोर्ट का जज नहीं बनने दिया. सुप्रीम कोर्ट में जज बनानेवाली समिति, कोलेजियम के सदस्य भारत के तत्कालीन मुख्य न्यायाधीश भी थे. श्री कबीर ने इस आरोप को गलत बताया, पर उनके रिटायर होते ही उनके कई फैसलों पर सवाल उठे. पहला चर्चित प्रकरण था, एकल मेडिकल प्रवेश परीक्षा पर फैसला. दूसरा, श्री कबीर के जाते-जाते सुप्रीम कोर्ट में जज की नियुक्ति की कोशिश. तीसरा, जेपी एसोसिएट से जुड़ा फैसला. चौथा, सहारा-सेबी का मामला और पांचवा, बहन को जज बनाने का प्रसंग.

　
ऐसे हालात या माहौल में जब न्यायपालिका की गरिमा और मर्यादा को एक नयी ऊंचाई देने की जरूरत है, तब न्यायपालिका से जुड़े सर्वोच्च पद पर बैठे व्यक्ति को रिटायर होने के बाद गवर्नर का पद देना, एक अत्यंत अस्वस्थ परंपरा की शुरूआत है. यह कानूनन जायज हो सकता है, पर नैतिक रूप से नहीं.

भारत की आत्मा या नैतिक पुंज है, न्यायपालिका. उसमें शिखर पर रहे लोगों को अपने आचरण और काम से नैतिक होने का क्या एक नया पाठ नहीं लिखना चाहिए? महाभारत कहता है, महाजनो येन गत: स पंथा यानी समाज के अगुआ जिस रास्ते जाते हैं, साधारण लोग उसी रास्ते का पालन करते हैं. इसी तरह गीता में भी कहा गया है,

यद्यदाचरति श्रेष्ठस्तत्तदेवेतरो जन: ।

स यत्प्रमाणं कुरुते लोकस्तदनुवर्तते ।।

इसका अर्थ है, महापुरुष जो-जो आचरण करते हैं, सामान्य व्यक्ति उसी का अनुसरण करते हैं. बड़े पदों पर बैठे लोग अपने अनुसरणीय कामों से जो आदर्श प्रस्तुत करते हैं, संपूर्ण विश्व उसका ही अनुसरण करता है. बहुत साफ है, सामान्य लोगों की रहनुमाई के लिए नेता या अगुआ चाहिए, जो अपने व्यावहारिक आचरण से जनता या समाज को दिशा या राह दिखा सके. चैतन्य महाप्रभु ने कहा था कि शिक्षा देने के पहले शिक्षक को ठीक -ठीक आचरण करना चाहिए. पहले के शिक्षक ऐसा करते थे, इसलिए वे स्वत: आदर पाते थे. इसी तरह जो लोग न्याय देने की सर्वोच्च कुरसी पर रहे हैं, उनका जीवन-आचरण खुद समाज के लिए संदेश होना चाहिए.

राजनीति या सामाजिक समाजिक जीवन से जिस क्षण स्वस्थ नैतिक मूल्यों को हम खत्म कर देंगे, हमारे समाज को अंधेरे में रोशनी दिखानेवाला चिराग नहीं बचेगा. शासक में हमेशा एक वीतराग या त्याग का अंश होना ही चाहिए. आजादी की लड़ाई में बड़े पैमाने पर ऐसे लोग थे, जिनकी बड़ी कुरबानी रही. आजादी मिलने के पहले या बाद में ऐसे लोगों ने पद या सत्ता के पीछे भागने के बदले अध्यात्म का रास्ता चुना. वे अध्यात्म में चले गये. खुद कांग्रेस में अनेक ऐसे कद्दावर नेता थे, जिन्होंने पंडित नेहरू का प्रस्ताव, अस्वीकार कर केंद्रीय मंत्रिमंडल में न जा कर अपने-अपने क्षेत्रों में विशिष्ट काम करते रहे.

　
पर अब समय बदला है. यह पद की पूजा का दौर है. धन (भौतिक संपदा) में ही मोक्ष पाने का युग. बाजार का युग. किसी की कीमत लगाने का युग. अर्थ प्रधान युग. भोग का युग. भय, भ्रष्टाचार और भूख से मुक्ति दिलाने के साथ-साथ भाजपा के लोग इस बाजार की अपसंस्कृति के मुकाबले एक नयी संस्कृति की बात करते थे. पर सत्ता मिली, तो क्या कर रहे हैं? कैसे-कैसे लोग राज्यपाल बन रहे हैं. कांग्रेस ने जिस तरह के लोगों को राज्यपाल बनाया, राज्यपाल बनने के लिए जो मापदंड तय किये, उसी तौर-तरीके को भाजपा ने अपनाया है. अपनी ही पार्टी के कार्यकर्ताओं को, अपने ही लोगों को, जिनका अतीत बहुत विवादपूर्ण रहा है, वैसे लोगों को राज्यपाल के पद पर बैठाया गया. क्या यह सही कार्यसंस्कृति है?

　
आजादी के बाद, जो राज्यपाल बनाये गये, उन्होंने राज्यपाल पद को एक गरिमा और पहचान दी. राजगोपालाचारी, पश्चिम बंगाल के पहले राज्यपाल बने. सरोजनी नायडू, होमी भाभा, केएम मुंशी, आसफ अली, श्रीप्रकाश, सरदार उज्जल सिंह, एनएस अóो, महाराज भाव सिंह जी (भावनगर), हरेन मुखर्जी, पीबी चेरियन आदि राज्यपाल हुए. एक से एक बढ़कर एक विद्वता, आचरण और प्रखर ढंग सके कामकाज में पूरे समाज को प्रेरित करनेवाले.

　
राज्यपालों का एक सम्मेलन हुआ, 08.05.1949 को. तत्कालीन गवर्नर जनरल सी राजगोपालाचारी, प्रधानमंत्री जवाहरलाल नेहरू और उपप्रधानमंत्री सरदार पटेल ने इसे संबोधित किया. राजाजी ने बताया कि हम सब राज्यपालों से क्या अपेक्षा रखते हैं? उन्होंने कहा कि हमारे प्रधानमंत्री और उपप्रधानमंत्री मानते हैं कि सिर्फ आप दिखावे के लिए संवैधानिक हेड नहीं हैं. यह गलत मान्यता है कि आप कुछ नहीं कर सकते. हमारी मान्यता है कि समाज में अच्छाई को आप विकसित करेंगे. उसको पाने के रास्ते तलाशेंगे. बिना तनाव या पूर्वाग्रह के, लोकतंत्र के विकास के क्रम में. गांधी और राजाजी की राज्यपालों से मुख्य अपेक्षा थी कि वे नैतिक ताकत के स्नेत बनेंगे. पद के मोह से मुक्त. सही दृष्टिवाले. समाज में अच्छाई को प्रेरित करनेवाले.

पर अब राज्यपाल किस तरह के लोग बने रहे हैं. यह पतन की परंपरा इंदिरा गांधी के समय से शुरू हुई. फिर भी इंदिराजी ने कुछेक अच्छे लोगों को ही राज्यपाल बनाया. मसलन, मोहनलाल सुखाड़िया, धर्मवीर, एएन डायस, बीके नेहरू, एलपी सिंह, प्रो नुरूल हसन , के रघुनाथ रेड्डी. भाजपा कार्यकाल में भी टीएन चतुर्वेदी जैसे सरस्वतीपुत्र और नैतिक पुंज राज्यपाल बने. पर ये सब अपवाद हैं.

　
मोहनलाल सुखाड़िया, लंबे समय तक राजस्थान के मुख्यमंत्री रहे. इंदिराजी ने उन्हें कमजोर करने के लिए हटाया और तमिलनाडु का राज्यपाल बना दिया. इमरजेंसी लगी. तब तमिलनाडु, राष्ट्रपति शासन के अधीन था. फिर चुनाव हुए और जैसे ही सूचना मिली कि इंदिराजी चुनाव हार गयीं है, मोहनलाल सुखाड़िया उसी क्षण अपना सामान लेकर, दिल्ली पहुंच गये. उन्होंने नयी सरकार को अपना इस्तीफा सौंप दिया. मोरारजी, चरण सिंह, सब हतप्रभ. सबके मन में उनके प्रति पहले से आदर का भाव था.

　
और बढ़ा. उसके बाद एक अशोभनीय खेल शुरू हुआ, जो सरकार आती है, अपने राज्यपाल रखती है. दूसरे को निकाल-बाहर करती है. कुछ राज्यपाल ऐसे होते हैं, जो पद से चिपके रहना चाहते हैं. एनडीए के शासनकाल में जो राज्यपाल बने, उन्हें 2004 में आते ही यूपीए ने निकाल-बाहर किया. अब एनडीए की वापसी हो गयी. यूपीए कार्यकाल के कुछ राज्यपाल गये, कुछ अड़ गये. वे निकाल बाहर किये जा रहे हैं. कैसा बना दिया हमने राज्यपाल के पद का महत्व?
　

भाजपा के लिए मौका था कि वह समाज के अलग-अलग तबकों के चरित्रवान, अब्दुल कलाम परंपरा के लोगों को राज्यपाल बनाती, तो उसका एक अलग संदेश होता. राजनीति से नैतिकता की विदाई और आदर्श का खत्म हो जाना, भारतीय समाज का सबसे बड़ा संकट है. अपवाद हैं, हर दल में, हर क्षेत्र में. राजनीति में भी, प्रशासन में भी और पत्रकारिता में भी.

　
आज की स्थिति क्या है? अंग्रेजी के महान कवि, डब्ल्यू बी ईट्स ने 1921 में एक कविता लिखी थी, द सेकेंड कमिंग (दोबारा आगमन). इस अंग्रेजी कविता की अंतिम दो पंक्तियों का हिंदी भावार्थ है,
जो सर्वश्रेष्ठ हैं (यानी अच्छे लोग), उनमें दृढ़ता नहीं, मनोबल नहीं!
पर जो सबसे अधम हैं (समाज के खराब-तलछट के लोग), उनके अंदर उत्कट-वासनामय-तीव्र प्रगाढ़ता-प्रबलता या एकजुटता है.

　
  राजकाज को कुछ नजदीक से देखने का मौका मिला. चरित्र का संकट देश में गहरा है. ऐसे दौर में उम्मीद के स्नेत क्या हैं? जानता हूं, अपना निजी अनुभव आपसे बाटूंगा, तो कई अर्थ निकलेंगे, फिर भी सच कहना ही चाहिए. नीतीश कुमार ने लोकसभा चुनावों में हार के बाद, जिस क्षण स्वत:, पूरी मर्यादा के साथ तत्काल पद छोड़ने का फैसला लिया, वह आज के दौर में एक अलग अध्याय है. पर उससे भी अधिक अनजाना और अछूता प्रसंग. यह किसी खबर के लिए नहीं. शायद आठ-दस लोग जानते हों कि जैसे ही उन्होंने मुख्यमंत्री पद छोड़ा, मुख्यमंत्री आवास की चाय पीनी भी बंद कर दी. निजी गाड़ी से यात्र करने लगे. तुरंत सरकारी आवास छोड़ देने की बेचैनी. यह प्रवृत्ति या मानस निजी उच्च नैतिक आग्रह का परिणाम है.

　
किसी भी राजनीति, समाज या संस्था को यह बोध ही नयी ऊंचाई देती है. तात्कालिक सफलता-विफलता से आगे जाकर. पहले की राजनीति में यह एक वीतराग मानस रहा है. संन्यस्त प्रवृत्ति. त्याग की प्रवृत्ति. मर्यादा और शुचिता की प्रवृत्ति. सिर्फ पद से व्यक्ति बड़ा नहीं होता. व्यक्ति के मूल्य, पद को नयी गरिमा और ऊंचाई देते हैं. आज सिर्फ राजनीति ही नहीं, जीवन के हर क्षेत्र में मूल्यों को एक नयी ऊंचाई पर ले जाने की जरूरत है, तभी शायद देश एक सवेरा देख सके.

　

कुछ दिनों पहले एक अत्यंत सम्मानित कानूनविद् फली एस नरीमन की एक पुस्तक आयी, द स्टेट ऑफ द नेशन. जो लोग भारत की चिंता करते हैं, उनके लिए एक जरूरी पुस्तक. इस पुस्तक की भूमिका में दो प्रसंग हैं. पहला भारत के पूर्व राष्ट्रपति डॉ एस राधाकृष्णन का बयान. जब कंस्टिच्युएंट एसेंबली (संविधान सभा) के सदस्यों ने पहली बार संकल्प लिया, पूरी विनम्रता के साथ देश और देश की जनता के प्रति समर्पण का, तब डॉ राधाकृष्णन ने इस प्रस्ताव का अनुमोदन किया. उन्होंने चेतावनी दी थी, ह्वेन पावर आउटस्ट्रिप्स एबिलीटी, वी विल फॉल ऑन इविल डेज (जब सत्ता योग्यता को पीछे छोड़ देगी, तो हमारे बुरे दिन शुरू होंगे). फली एस नरीमन मानते हैं कि आज योग्यता को सत्ता ने पीछे छोड़ दिया है. हम बुरे दिनों में हैं. राजनीति में अधिक और लगभग हर क्षेत्र में योग्यता या क्षमता का संकट है. साथ-साथ इंटीग्रिटी (निष्ठा) का अभाव है. लगभग हर क्षेत्र में.

　
  इस पुस्तक की भूमिका के अंतिम अंश में फली एस नरीमन ने एक सुंदर उद्धरण दिया है. हर भारतीय को याद रखने या सीखने योग्य. इस सवाल का उत्तर कि भारतीय गणराज्य कब तक कायम रहेगा? शायद हमेशा के लिए, लेकिन यह कोई नहीं कह सकता. इसे समझने के लिए नरीमन एक प्रसंग सुनाते हैं. यह एक सच्ची कहानी है. जब संयुक्त राज्य अमेरिका, आज के भारत के हाल में था. अराजकता, आपसी झगड़ों, विवादों से घिरा. अंतत: इन्हीं चीजों से अमेरिका में 1861-65 के बीच सिविल वार (गृह युद्ध) हुआ. इस समय ब्रिटेन में रह रहे फ्रांस के राजदूत जो खुद एक इतिहासकार थे, उन्होंने अमेरिकी राजदूत (जो कवि और साहित्यकार थे) से पूछा, एक्सलेंसी, मुझे बतायें, आपका यह गणराज्य (यानी संयुक्त राज्य अमेरिका) कब तक कायम रहेगा?

　
अमेरिकी राजदूत जेम्स लोवेल का जवाब अत्यंत संक्षिप्त व दूरदर्शी था- एक्सलेंसी, एज लांग एज इट्स लीडर्स लीव अप टू एंड चेरिश द आइडियल्स आफ इट्स फाउंडिग फादर्स (एक्सलेंसी, यह मुल्क तब तक कायम रहेगा, जब तक इस मुल्क के नेता, अपने इस देश के संस्थापक महान नेताओं के आदर्श, मूल्यों के अनुसार रहेंगे, जीयेंगे और काम करेंगे). इस प्रसंग का तात्पर्य यह है कि अमेरिकी राजदूत कहते हैं कि हमारा देश अमेरिका तब तक कायम रहेगा, जब तक इसके नेता अपने संस्थापक नेताओं के आदर्शो के अनुसार चलेंगे, जीयेंगे, राजनीति करेंगे.

　
आज भारत के भविष्य के बारे में कोई पूछे कि भारत का भविष्य कब तक है? तो इस उद्धरण से बेहतर और सुंदर जवाब नहीं हो सकता. याद रखिए अमेरिका के गृहयुद्ध में यह सवाल कि अमेरिका का भविष्य कब तक है, फ्रांस के ब्रिटेन स्थित राजदूत ने अमेरिका के ब्रिटेन स्थित राजदूत से पूछा था. इस कथन या मर्म को भारत के संदर्भ में आंकिए फिर खुद समझिए.

　
लगभग आठ माह बाद यह लिखना हुआ, इस बीच एकाध चीजें ही लिख पाया. पर घूमना हुआ. सब्जी बेचनेवाले से लेकर, सार्वजनिक कार्यकर्ता, अध्यापक, वकील, राजनीति से जुड़े लोग और बड़े पदों पर बैठे लोगों ने निजी फोन कर लगातार लिखते रहने की बात की. सबके प्रति निजी आभार और धन्यवाद. यह प्रक्रिया अब बनी रहेगी.

- See more at: http://www.prabhatkhabar.com/news/harivansh-ke-kalam-se/story/146404.html#sthash.XSMssGJk.dpuf

Corrupt Culture Flows From Top

2014-08-21T17:57:00.002-07:00

Corruption: The rot starts at the top-Hindu Business Line 22nd August 2014 ( read my views below this news )

By KH Waze

Graft in Indian banks is finally an attitude problem. It cannot be addressed by CCTVs and sweeping orders

Ever since the Syndicate Bank chairman and managing director SK Jain was arrested by the CBI on August 2, there have been various reactions from bankers and the public, pressing for better governance, amidst fears that credit facilities from banks would be delayed.

It is feared that a crackdown would lead to a situation where bankers, fearing for their careers, would hesitate to sanction loans, impacting industrial activity.

Some banks have reportedly taken extreme steps like banning middlemen from entering their premises and disallowing their managements from dealing with them.

Further, it appears instructions have been given that all official meetings with the CMD, executive directors and general managers will be held in rooms fitted with CCTV cameras, with notices making clear that proceedings are subject to surveillance and will be displayed. Visitors would only be allowed to carry with them the papers, laptops and tablets required for the meetings or discussion; and these would have to be passed through an X-ray machine.

However, I feel all this will not lead to significant outcomes, because the plain fact of the matter is that corruption is a product of one’s mindset and culture.

Flouting the oath

In many government departments and public sector undertakings employees take an oath every year that they will not accept bribes; their offices display signs saying offering and accepting bribes is a crime. Yet, the malaise is so deep-rooted and widespread that it is accepted as a part of life. So, with due respect to the intentions behind putting in place gadgets and other devices, I believe they are not enough; the culture itself should improve.

Here, the executives at the helm invariably make a difference. Officers at the lower and middle levels keenly observe them. A positive message down the line percolates effectively and no effort of middlemen on the wrong side can subvert the positive impact. The question, therefore, is whether such positive messages are indeed transmitted in the Indian banking sector.

The initial display of sternness when a new person takes over is mainly to ensure there is little or no resistance, later making them conduits for bribes. A carrot and stick approach of awarding promotions or issuing transfer orders can be used to make subordinates pursue selfish ends. The new incumbent at the top, usually from another bank, generally criticises the entire system in the bank and makes officers submit to pressure from the top. Dishonest elements down the line could take advantage of the situation, which gives corruption a multiplier effect; eventually room is created for dishonest middlemen, and that is how the whole system is affected.

The RBI governor has rightly observed that “there are some good middlemen and some not so good middlemen. A good middleman acts as broker but if the point of a middleman is to pay bribes that is obviously not okay. It is part of the whole set of governance issues that we need to look at”.

Where to draw the line

To tackle the issue of corruption, the banking system needs to improve governance. The message that bribe-taking and giving will not be tolerated should explicitly percolate from the top, down the line. Training schools and colleges run by banks should educate officers and staff to keep away from malpractices. Seniors should welcome frank opinions and not get carried away by undue praise and flattery.

Facilitation should be entertained only from persons of sound financial knowledge, experience and integrity. Simultaneously, banks have to take a closer look at their policies and procedures and loopholes should be plugged.

The Finance Ministry and the RBI should take a fresh look at the loan approval committees of PSBs. An impression has been created that the committee approach means no personal responsibility. Hence, frank opinions are not expressed against un-bankable proposals. Remaining silent when principles of credit appraisal are compromised is, in a way, participating in malpractice. Besides, there should be more a critical annual review of the performance of top-level management.

Officers at all levels should learn to always act in the interest of the institution without fear of transfer or not being considered for promotion. Taking calculated risks is an integral part of banking, and therefore officials should not be afraid of bonafide actions in support of which they should keep records.

While the Syndicate Bank incident is an eye-opener, bankers should not get bogged down by it. The situation should be utilised to cleanse the system.

The writer is former general manager of a nationalised bank

http://www.thehindubusinessline.com/opinion/corruption-the-rot-starts-at-the-top/article6339057.ece

My Views on Corruption in Banks is submitted below:

After exposure of FD scam in Oriental Bank of Commerce and Dena Bank and after knowing and understanding the stories of bribery led lending undertaken by CMD rank officer of Syndicate Bank or top ranked officials of PNB or SBI or United Bank or Indian bank or Corporation bank and after failing in stopping uptrnd in NPA volume in PS banks, Finance Minister Mr. Arun Jaitley says that bank officers at top post must undergo training in Risk Management before he is assigned the duty of top post.

It seems ridiculous to me that a person who is made CEO or General Manager of a bank is not well conversant with tools of risk management even after working in some bank or the other in various capacities for two to three decades. And if it is so how a Branch Manager who has experince of three to five years is given charge of big branch and delegated huge powers of loan sanctions. It is the branches which actually initiate all loan proposals and it is they who indulge in bribery in small loans and it is they who in fear of action act on big proposals desired and instructed by top officials , willingly or unwillingly. Ganga of corruption flows from top and promotion of bad officers starts from low level. If only corrupt officers are promoted , it is but natural only corrupt officers occupies top posts.

I have no doubt that all these top officials who are found to be corrupt and who are not yet detected and trapped know all normal tools to mitigate the risk but they willingly in greed of money ,status and promotion decide to sanction a loan proposal of a bad company without doing due diligence.

Otherwise it is proved that even appointment of officers for top post was never done on the basis of merit but on the basis of gift and bribe he or she used to manage for ministers and politicians and RBI officials who are responsible for selection of person for top post. And when a person gets award of top post by paying some amount in consideration thereof, he or she will promote same culture of bribery and flattery down the level.

As such there is no merit in saying whether one has undergone training of risk management or not. Rather corrupt officer who knows tools of risk management can manage bribe led lending more cleverly taking all steps to safeguard him or her , at least better than those who do not know Risk management mechanism .A well trained officer try to protect himself first and then his or her organisation. This is why officials become wealthy in short span of time and bank become weak and poor under pressure of bad assets created by such corrupt officials.

A person who is corrupt can suggest how to fabricate papers and documents so that none can blame him if the loan sanctioned by him goes bad in future.

To illustrate I may say that ,a person who knows tax laws and understand them well can only suggest the ways of tax evasion and can train a business man how to have black money and how to use black money, and that too taking hidden concurrence of Income Tax officials. It is trained persons who promote culture of bribery and flattery more than those who possess average knowledge on the topic.

Anther suggestion given by Finance Minister is to bifurcate the post of CMD in two parts , one as Chairman and another as Managing Director . Further MOF has proposed to increase the tenure of CEO from three to five years to inculcate professionalism in the person. It seems to be totally equall ridiculous and absurd, unwarranted, useless, totally Bakwas and unbelievable that an officer will become honest and professional as soon as his tenure is increased or his post is split into two or he or she is given training of risk management.

There are examples when a CMD has been given extension for two to three years in the same bank , but he is found to be the greatest manipulator , fraud master and generator of more and more bad debts. Reality of health of assets created by such clever CMD gets exposed only when he is replaced by some other CMD. We have witnessed such happenings in big banks like SBI, PNB, Corporation Bank, Indian Bank and almost all others. Even branch level evil works are detected only when a corrupt officer is followed by an honest officers , otherwise corruption is protected for decades.

As long as one is in post , he or she does not allow loan sanctioned by him to be declared as NPA. There are many tools in the Almirah of Branch Head or Regional Bosses by which even bad debts can be treated as Standard assets .

Harshad Mehta sued his clever brain to commit fraud not only in U Co bank but in several other banks too only because all became victim of gifts in cash or in kind Harshad Mehta used to offer to bank officials. Similarly middlemen like Pawan Bansal got success in managing not only CMD Mr. S K Jain but several top officials of several other banks. One can find hundreds of such officials in all banks who use to sanction loan only when his middleman propose the same.

I am of the opinion that FM or MOF has not yet understood the root cause why volume of bad assets is increasing in public sector banks only. IN case of loans given to Kingfisher, Winsome group, Deccan chronicles, or Bhusan Steel , it is not one or two CMD but a gang of twenty to thirty CMD agreed to lend money . When middlemen manages the bribe and gifts, it is not difficult for any CMD to sanction loan to any corporate or individual. After all greed for wealth is found in ninety nine percent of officers and employees in almost all offices and all department.

In case of Satyam Computers , none doubted the correctness of financials of the company as long as promoter himself did not tell the bitter truth. Chartered Accountants who are supposed to be master in accounting and whose signature is unavoidable on all balance sheets play vital role in all types of scam in banks as also in tax departments.

It is therefore necessary to start punishing top officials who are playing with public money and who are looting taxpayers' money and getting safe retirement. Only stern action against top officials can send sound and good message down the line. GOI will have to peep into record of past ten years at least to know the corrupt game and rampant corruption at top level. They will have to stop flattery and bribery in recruitment, promotion and posting . They will have to give powers to juniors so that they may deal with loan proposals boldly and without fear of repercussion and without fear of transfer to remote place or without fear of rejection in promotion.

Only action will help in creating good culture in public sector banks. Mere preaching of sermons like politicians of UPA government or setting up of new committees can do no change.

I know Mr. Jaitley Finance Minister is very honest and talented person too. Very son he will realise that it is not training which is needed for such corrupt officials , it is only deterrent action which can help in improving the culture and which can stop rampant corruption in middle level and low level offices and branches.

I submit news item which provoked me write views expressed above.

Govt taking steps to professionalise PSU bank management: FM Arun Jaitley-Financial Express

Concerned over instances of corruption in the PSU banks, Finance Minister Arun Jaitley today said that government is taking steps to professionalise the management and help them strengthen their risk management system.

"Professionalising the management of the banks, we have taken some decisions in this regard. We expect banks to have better risk management. The Department of Financial Services has been actively working in this regard" Jaitley said at a function organised by Indian Bank here.

Without specifying names of banks, the Finance Minister said "some recent incidences have been disturbing. I only hope that they are drop in the ocean. We have all learnt the lessons from such incidents, and there will be no repetition of them."

His statement assumes significance in the light of scams in the state-owned banks.

Earlier this month, Syndicate Bank Chairman and Managing Director (CMD) S K Jain was arrested for allegedly receiving a bribe of Rs 50 lakh to enhance credit limits of Bhushan Steel and Prakash Industries.

Besides, some officials of Oriental Bank of Commerce and Dena Bank were suspected of misappropriating funds worth Rs 436 crore from their fixed deposit customers.

The government has initiated a forensic audit in the alleged scam.

Finance Minister, however, expressed hope that an enhanced level of professionalism will further strengthen and improve credibility of the banking system.

"Credibility is of extreme importance as far as banking system is concerned. We must endeavour improved standards of credibility," he added.

Last but not th least

If bankers need training on risk management , then why not politicians and officials of regulating, auditing and inspecting agencies need training who use to auction these top posts and who use to provide umbrellas and shield when their corrupt children are trapped in CBI or media net. If leaders becomes honest , there is no possibility or remote chances of low level officers indulging in bribery or flattery. An honest top official never keep Yesman around him. It is only corrupt officers who use to keep team of 'Chamchas' around him who provide 24 hours shield to them.

http://importantbankingnews2.blogspot.in/2014/08/fm-suggests-training-to-top-bankers.html

Corruption In Syndicate Bank

2014-08-03T06:30:00.001-07:00

Syndicate Bank CMD, 5 others held for graft-Statesman
NEW DELHI/BHOPAL, 2 AUG: The CBI today arrested six persons, including the Chairman-cum-Managing Director of Syndicate Bank S K Jain (in file photo), for allegedly taking a bribe of Rs 50 lakh for increasing the credit limit of some companies in violation of banking rules.

After keeping a watch on the activities of Jain for the past six months on the orders of CBI Director Ranjit Sinha, sleuths finally swooped in on his relative and a Madhya Pradesh-based chartered accountant and arrested them while they were allegedly receiving cash from representatives of firms which have been involved in the coal scam.

The CBI has filed two cases against Jain, accusing him of receiving a bribe of Rs 50 lakh through conduits and abusing his official position to enhance the credit limits of some companies in violation of laid down procedures, official sources said.

Mr Sinha, who has been at the forefront of fighting corruption at high places, has been personally monitoring the case and the searches that were being conducted by CBI sleuths since morning at 20 places in Delhi, Mumbai, Bangalore and Bhopal.

“We are determined to fight corruption at high levels and today's case was one such example,” Mr Sinha said. In this case, the CBI alleged that the conduit was the brother-in-law of the CMD and the deal was struck by the chartered accountant who has started his own firm of providing loans to big corporate houses. The CBI claimed to have recovered cash to the tune of Rs 21 lakh from Jain's residence, besides gold worth Rs 1.68 crore and fixed deposits up to Rs 63 lakh. In the two FIRs, the CBI has named Neeraj Singal, Vice President and MD of Bhushan Steel, Ved Prakash Agarwal, CMD of Prakash Industries, Pawan Bansal, chartered accountant, Vineet and Puneet Godha (relatives of Mr Jain), Vijay Pahuja, Purushotam Totlani and Pankaj Bansal. Sources alleged that Bhushan Steel used the services of Totlani and the money was handed over to Vineet.

CBI sleuths arrested red-handed brothers and businessmen Vineet Godha and Puneet Godha and their business partner Vijay Pahuja from the Vardhman Complex in Bhopal yesterday evening for accepting a bribe of Rs 50 lakh on behalf of Jain. Jain was arrested in Bangalore today for allegedly taking a Rs 50 lakh bribe for irregular enhancement of credit limit of certain companies. There was no immediate word on the other two of the six arrested in the case.

Besides being a businessman, Vineet Godha is also known to be a Congress leader.
The Bhopal CBI SP Mr Hari Singh Guruwaria said that the Godha brothers were arrested from the Vardhman Complex at Bhopal’s Malviya Nagar, which houses their construction company Vardhman .

“A trap was laid on a tip-off and both the Godha brothers were arrested red-handed and the sum of Rs 50 lakh was also seized,” Mr Guruwaria said. He said the arrested persons would be taken to Delhi for further interrogation.
The CBI today produced the three persons arrested in Bhopal before the special additional sessions judge B B Shukla to seecure transit remand for them to be taken to Delhi.

The court granted the CBI their transit remand till 4 August with the direction to produce them before a court in Delhi.
Link The Statesman

Syndicate Bank chief held on allegations of bribery-Business Standard

CBI says Jain enhanced credit limit to private companies, in violation of regulations; Vipul Agarwal of Prakash Industries, along with several other entities, has also been arrested

The Central Bureau of Investigation has arrested S K Jain, chairman and managing director of Syndicate Bank, for allegedly accepting bribes from private companies to extend credit facilities.

On Saturday, the agency conducted raids at 20 locations across Bangalore, Bhopal, Mumbai and Delhi, after registering a case in the matter. It confiscated Rs 50 lakh, allegedly received by Jain as bribe. “So far, searches have led to recoveries of several asset papers and incriminating documents,” said a CBI spokesperson.

During the raids, the CBI also unearthed about Rs 21 lakh in cash, gold worth Rs 1.68 crore and fixed deposit receipts of Rs 63 lakh.

The CBI alleged Jain had enhanced the credit limit to certain private companies, in violation of rules and regulations. The companies concerned are believed to be embroiled in the coal block allocation scam, according to the investigative agency.

Jain’s brother-in-law, as well as a chartered accountant, have also been taken into police custody. Vipul Agarwal of Prakash Industries Delhi has also been arrested in the case. Sources said a few others, including Neeraj Singhal, vice-chairman of Bhushan Steel, were also likely to be arrested.

Efforts to contact Singhal and the Bhushan Steel chief financial officer proved futile till the time of going to press.

For the quarter ended June, Syndicate Bank reported a 7.3 per cent rise in net profit at Rs 485 crore, compared with Rs 452 crore in the corresponding period last year. The bank’s total income rose 16.8 per cent to Rs 5,523 crore from Rs 4,726 crore in the year-ago period. During the same period, provisioning fell from Rs 489 crore to Rs 468 crore. While the bank’s net interest income rose one per cent to Rs 1,351 crore, against Rs 1,338 crore in the corresponding quarter last year, net interest margin declined to 2.47 per cent from 2.83 per cent. Deposits rose 17.72 per cent to Rs 2,14,863 crore from Rs 1,82,513 crore in the first quarter of 2013-14.

Sudhir Kumar Jain, whom Syndicate Bank employees describe as “soft-spoken”, took charge as chairman and managing director of the bank on July 8, 2013. A commerce graduate and chartered accountant, he started his career as credit manager at Dena Bank in 1987, steadily rising through the ranks to become general manager, heading the bank’s accounts, treasury, retail banking, investor relations and international segments. He also served as executive director of Bank of Baroda for two years. Jain, who hails from Rajasthan, has 27 years of experience in various facets of banking and has worked across capacities and locations, including Kolkata, Ahmedabad and New Delhi.

http://www.business-standard.com/article/finance/syndicate-bank-chairman-arrested-for-bribery-by-cbi-114080201200_1.html

CAG Report Against Gujarat Government

2014-07-26T15:46:00.001-07:00

Gujarat govt unduly favoured Reliance, Adani: CAG report-Times of India 27th July 2014
GANDHINAGAR: The Comptroller and Auditor General (CAG) — the country's apex auditing agency — has slammed the Gujarat government in its five different reports, for severe mismanagement of the state's financial resources.

The reports highlight irregularities amounting to more than Rs 25,000 crore, which includes what the CAG says was around Rs 1,500 crore in undue benefits to certain companies, including Reliance Petroleum, Essar Power and the Adani Group.

The reports were tabled in the assembly on Friday, the last day of the budget session.

In its audit report on the 'Economic Sector', CAG noted that the Gujarat Maritime Board applied incorrect wharfage rate under the Captive Jetty Agreement "with Reliance Petroleum Ltd, which resulted in short recovery of Rs 649.29 crore to the government."

CAG also noted that the Gujarat Urja Vikas Nigam Ltd (GUVNL) did not fix delivery points after the finalization of power purchase agreement, resulting in "undue benefit of Rs 587.50 crore to Essar Power Gujarat Ltd."

CAG said the non-monitoring "of the construction quay in phase 1 of Adani Group-owned Mundra port led to short recovery of Rs 118.12 crore."

CAG censured the Gujarat government for excessive payments to solar power companies in the state. It noted, "...contracting excess capacity under solar policy by the GUVNL led to excess burden of Rs 473.20 crore on the consumers of the state."

In the report on the state's macro-financial management, 'State Finances', CAG observed, "...the non-submission of utilization certificates of Rs 9,121.46 crore indicated the lack of proper monitoring by government departments in utilization of grants."

In the same report, CAG criticized the Gujarat government for poor financial management and budgetary control. It noted that in two instances, grants totalling Rs 13,049.67 crore remained unused. CAG said, "...budgetary control should be strengthened to avoid deficiencies in financial management."

Gautam Adani, the baron to watch out for if Narendra Modi becomes king

TOI 11th April 2014

AHMEDABAD: In the late 1990s, an employee of Adani Exports took a wrong call in sugar trading, resulting in a Rs 20-crore loss. Fearing he would be sacked, he apologized for the grave mistake and handed in his resignation letter. Gautam Adani, in his thirties then, tore up the resignation and told him with a smile: "I know you will not make a similar mistake in future because of this lesson. Why should your next employer benefit from this learning when I have paid the price for it?"

Old-timers still remember Adani, the unassuming billionaire from Ahmedabad, moving around on his grey Bajaj Super scooter during the 1980s while his childhood friend Malay Mahadevia — a dentist who now works with the group as a director of Adani Port and SEZ Ltd — rode on the pillion. Mahadevia used to fulfil a crucial role because Adani's English was sketchy and he felt inhibited conversing with government officials.

The graduation for this college dropout, first to a Maruti 800, and now a fleet of BMWs and a Ferrari, has been spectacular. Apart from three helicopters, he has three Bombardier and Beechcraft planes with seating capacity of 8, 37 and 50. A picture of BJP's PM candidate Narendra Modi alighting from one of these planes was recently released by AAP leader Arvind Kejriwal, who has trained guns on Adani and Mukesh Ambani for being beneficiaries of Modi's 'crony capitalism'. Adani, however, explains that he rents out his aircraft to the BJP, or whoever asks for these services, at market rates.

Adani never tried to hide his close ties with Modi even after the NDA government was voted out in 2004. But he hasn't really depended much on him. He cultivated friends in the UPA and other parties to expand his power business to Haryana, Maharashtra, Madhya Pradesh and Rajasthan, besides bidding for ports in Orissa, Andhra Pradesh and Tamil Nadu. Senior Congress minister Kamal Nath is believed to have helped him out in his early days. Businessmen also speak of his proximity to Sharad Pawar. His ability to make friends extends beyond the shores of India — he is known to have developed excellent relations even with the top political brass in Australia, where the group plans to invest $6 billion in a coal mine and port near Brisbane.

But the market believes Adani is the right man to back, given the seemingly bright chances of Modi becoming PM. Ever since BJP declared Modi as the party's prime ministerial candidate on September 13 last year, the total market capitalization of the three listed Adani group companies — Adani Enterprises, Adani Port and SEZ Ltd and Adani Power — has risen by 85.35% to clock over Rs 95,925 crore. In comparison, the Sensex grew by just 14.76% during the period.

With an estimated group net worth of Rs 25,000 crore, Adani presides over an empire spanning coal, power, logistics, real estate, agro-products, oil and gas. The group, which employs 10,000 people, built the country's largest private port and has also emerged as the top private power producer in the country.

The empire was created in 30 years out of virtually nothing. Born in a Gujarat Jain family of textile traders who migrated from Tharad in North Gujarat to Ahmedabad, 51-year-old 'Gautambhai', as he is known around here, had seven siblings as he grew up in the modest Ratanpole area in the walled city here. Even while studying in college in Mumbai, his sharp trading instincts made him try his hands at the diamond trade. For a while after dropping out of college, he turned entrepreneur, making plastic out of granules. He soon realized that trading was his forte and set up Adani Exports, which turned into the country's leading export house within no time because of the speed with which Adani could spot opportunities and strike deals anywhere in the world.

"He has diversified interests but I would always call him the maritime man of India. He has almost single-handedly changed the sector in India," says Mahadevia. Like Mahadevia, people who have worked closely with Adani think he is a visionary who always thinks bigger than anyone around him.

Most of his imports and exports were through Kandla port in Kutch. The turning point came in the early 1990s when Adani told Mahadevia to leave dentistry and help him set up a jetty at Mundra. By then the owner of a star trading house with a turnover of Rs 300 crore, he was looking to build a captive jetty along with a leading American company to export salt to Japan. The American partner withdrew midway but Adani did not give up the plan. As luck would have it, in 1995 Gujarat came up with the new port policy on the PPP model to develop six ports in Gujarat. Mundra was one of them.

To use a cliche, Adani has never looked back since. After commissioning Mundra port in 1998 and by the time Modi came to office in 2001, Adanis had transformed from an export house into an infrastructure company. The port is connected to the railway network by a privately built and maintained 65km rail line — again a first in the country. The port includes the world's largest coal terminal which handles 60 million tonnes annually as Adani has bet heavily on coal, rather than gas, for his energy business.

Not surprising that this Amitabh Bachchan fan doesn't remember how many times he has seen 'Kala Patthar', a film based on the Chasnala coal mine disaster in Bihar in 1975."He is the Bachchan of his field, always hands-on but in a positive way," says a business associate. Senior executives are alert while stepping into his tastefully done-up chamber. "Not because he would offend you, but because he will ask seemingly simple questions which are completely out of the box and potential game-changers," says a senior Adani executive.

"In terms of the risk taking appetite and risk absorption capacity there are very few who can match Gautam Adani. There are many who take large risks, but very few have the ability to face their adversity with courage and conviction," says former IIM-A director Bakul Dholakia, who is associated with the Adani group's educational and CSR initiatives. Dholakia says it is impossible to make out from Adani's face whether he has been delivered some bad news a few minutes ago. Close associates say Adani has a great ability to win over people, political or otherwise. When Mundra port was being built, a consultant came up with a novel idea of building floating break-waters to contain sea waves at the cost of Rs 7 crore. The experiment sunk — literally — within 20 minutes of its execution. Adani, who watched the disaster calmly, turned to the consultant and put his arm around his shoulder. "Well tried," he said before leaving. The consultant broke into tears and worked for the group for the next 15 years.

While much is being said about his close relationship with Modi, Adani had been extremely close to previous regimes in Gujarat headed by Shankersinh Vaghela, Chimanbhai Patel and Keshubhai Patel. All these regimes allocated land to Adani in and around Mundra at cheaper rates than what the Modi government is charging.

In 2003, when most industry heavyweights stayed away from an investment meet that Modi had organized, a group of Gujarati business barons led by Gautam Adani saved the day for him. While doyens of India Inc warmed up to Modi much later, Modi never forgets people who stood by his side when it mattered the most.

ED Attaches Rs.186 crore Property

2014-07-23T18:28:00.004-07:00

Coal scam: ED attaches Rs 186-cr assets of Nava Bharat Power

This is the second attachment order by the ED in the coal blocks allocation scam

The Enforcement Directorate (ED) has provisionally attached properties worth Rs 186 crore in the matter relating to “illegal allocation of coal blocks” to Nava Bharat Power Projects Private Limited (NBPPPL).

The Hyderabad-based company and its directors, P Trivikrama Prasad and Y Harish Chandra Prasad, had earlier been chargesheeted by the Central Bureau of Investigation (CBI) for allegedly entering into “a criminal conspiracy with unknown government officials and got coal blocks allocated to it”.

This is the second attachment order by the ED in the coal blocks allocation scam. Earlier, it had reportedly attached shares of two Nagpur-based firms, Asera Banka Power and JAS Infrastructure and Power, valued at Rs 24.5 crore.

According to the CBI chargesheet, consequent to allocation of coal blocks, the promoters and share holders of NBPPPL have sold their entire shareholdings in July 2010 to Essar Power Limited for Rs 231 crore, while the net worth/book value, according to audited balance sheets for 2009-10, stood at Rs 22 crore.

“The allocation of coal block had exponentially enhanced the share value of NBPPPL. Hence, it is evident that by selling the shares of NBPPPL, the promoters of the company has a windfall gain of more than Rs 200 crore,” the chargesheet stated.

“The proceeds of the crime, totalling Rs 186.11 crore, were found to be re-invested by the directors of NBPPPL, namely P Trivikrama Prasad in the form 73,99,99,994 shares of Nava Bharat Energy India Ltd valued at Rs 148 crore (attached to the tune of Rs 138.59 crore) and by Y Harish Chandra Prasad in the form of 8.4 Mw wind turbine generators at Rajasthan in the name of Malaxmi Windpower, valued at Rs 45.19 crore (attachment to the extent of Rs 36.32 crore)”, the ED stated in a press release on Wednesday. About 28 acres of land near Hyderabad worth Rs 11.2 crore belonging to Adobe Realtors Pvt Ltd, 100 per cent owned subsidiary of PVP Global Ventures, has been attached.

“It was found that the same was purchased out of the proceeds of the crime (and) transferred by Malaxmi Group to PVP Global Ventures", ED said.

Harish Chandra Prasad is currently in the US and could not be contacted.

Fraud Bribery And Corruption

2014-06-11T06:07:00.001-07:00

Fraud, bribery, corruption remain key challenges for India Inc: Ernst & Young-Financial Express

Fraud, bribery and corruption remain key challenges for Indian Inc even as majority of senior executives surveyed justified 'unfair actions' undertaken to tackle the economic downturn, says a report.

According to Ernst & Young's global fraud survey, 71 per cent of senior executives surveyed in India consider fraud, bribery and corruption as significant concerns for corporates.

The survey revealed that unethical behaviour still persists, with a majority of respondents justifying unfair actions undertaken to survive the economic downturn.

"Personal gifts, cash payments and offering entertainment to win or retain the business, and mis-stating the company's performance has emerged as consistent problems in the corporate environment," the report noted.

The survey was conducted among over 50 CEOs and senior executives in the country across functions such as finance, internal audit and sales among others.

As per the survey 55 per cent of respondents are more concerned about cybercrime perpetrated by employees or contractors as compared to hackers.

"The market sentiment continues to be challenged by the ever growing risks around fraud, bribery and corruption. Over the last few years, corporate India has seen compliance levels stall as management has focused on dealing with economic uncertainties and changes in the Indian regulatory landscape," E&Y India Leader for fraud investigation and dispute services Arpinder Singh said.

In this increasingly competitive market, most firms are under intense scrutiny to perform better than expected.

Given the pressure that exists to meet financial targets, 80 per cent of the senior executives surveyed considers that having more flexible product return policies, changing assumptions to determine valuations or reserves, backdating contract can be deemed as acceptable reasons to achieve those targets. Indian companies seem to be fatigued in their compliance efforts as only 71 per cent of respondents said that senior management has strongly communicated its commitment to anti-corruption policies. This is low compared to last survey, when the figure stood at 88 per cent.

Moreover, only 50 per cent of respondents said that there are clear penalties for breaking anti-corruption policies - this is again significantly lower compared to last time (72 per cent).

Besides, the trend of conducting anti-corruption trainings appears more in principle than actual adoption as only 29 per cent of respondents have attended such training programme.

Additionally, 47 per cent people surveyed said that their companies have whistleblowing hotlines.

Chit Fund Company Rose Valley Under Lens Of ED

2014-05-24T16:51:00.002-07:00

ED gets scent of 1,000 Rose Valley bank accounts-The Hindu 25th May 2014--By SHIV SAHAY SINGH

After searching the premises of various offices of the group over the past few days, the Enforcement Directorate ( ED)has sought the details of bank accounts of the Rose Valley group. Search in various offices of the company continued till wee hours of Saturday from where the central agency has got information of over 1,000 bank accounts of the company.

Though no case has been registered against the group in West Bengal, ED officials claimed that complaints against the company are registered in Odisha, Assam and other north-eastern States.

The agency has started investigation against Rose Valley on the basis of a complaint received from Securities and Exchange Board of India (SEBI), which has alleged that the company raised money under deposit-seeking schemes.

ED officials said after checking the transactions of the accounts summons may be issued to company officials. The ED has conducted searches at the office of the company at Barasat, Barrackpore Salt Lake and Raghunathpur over the past few days. The central agency has collected various documents in connection with the company.

Meanwhile, ED officials claimed that Rose Valley had collected more money than the Saradha Group. The ED officials have also questioned Debjani Mukherjee, managing director of the Saradha Group earlier this week.

Ms Mukherjee had told the officials that some transactions were recorded in a diary, which the State police has said that they have no clue about.

Case against agency

In another development, Saradha group MD Sudipta Sen has lodged a case against an ED official with Alipore police station. The complaint alleged that an ED official had asked him to sign “backdated documents” during investigation

The Hindu

Supreme Court Ask For SIT On Black Money

2014-05-23T15:50:00.004-07:00

Black money case: SC tells Centre to form SIT within a week-Times of India-23.05.2014
NEW DELHI: The Supreme Court on Friday gave the Centre a week's time to notify a Special Investigation Team to probe black money stashed in foreign banks by Indians.

The SIT will be supervised by two retired apex court judges.

The top court also asked Centre to secure safely all documents and names of Indian account holders in LGT Bank, Liechtenstein, given to India by Germany.

SC asked revenue secretary to keep these documents safe and secure.

The court directive came as petitioner Ram Jethmalani, referring to the fire in Shastri Bhawan on Thursday, expressed concern about the safety of documents relating to black money.

Solicitor General Mohan Prasaran, however, refuted Jethmalani's claim, saying all documents are kept at north block and not at Shastri Bhavan.

SC had directed the UPA government to duvulge details about LGT bank account holders to petitioner Ram Jethmalani.

But the UPA government had filed an application seeking review of the order for divulging this information.

On Friday, the government did not seek review and the court sarcastically said now there would be no review of black money related orders.

The court's order granting a week's time came after the central government sought modification of its earlier orders on setting up the SIT till its plea seeking the review of its July 4, 2011 and March 3, 2014, orders was "considered and disposed off by the court".

Alternately, the centre had urged the court to give it another two weeks time to issue the notification on the SIT.
The court in its order on May 1, 2014, had given the government three weeks' time to issue the notification for setting up the SIT to be presided over by former apex court judges Justice MB Shah and Justice Arijit Pasayat as chairman and vice-chairman to guide and direct the investigation.

Link Times of India

Honest Officer Like Khemka Has To Face Dismissal

2014-05-11T18:04:00.002-07:00

Now, Ashok Khemka faces threat of dismissal-Times of India 12.05.2014
CHANDIGARH: Whistleblower IAS officer Ashok Khemka could be dismissed from service if the Haryana government accepts adverse remarks against him by his superiors in his latest performance appraisal report.

Sources said that not only have Khemka's bosses proposed a rating of just five out of 10 for the period between October 15, 2012 and March 31, 2013 for him, the report terms his integrity as "doubtful". During this period, Khemka was managing director of Haryana Seeds Development Corporation (HSDC).

Khemka has been at the receiving end of the Haryana government after he exposed alleged shady land deals involving Congress chief Sonia Gandhi's son-in-law, Robert Vadra.

Integrity in doubt

Sources quoted the PAR saying Khemka "does not hold a good integrity". Punjab and Haryana Bar Association ex-president Kulbir Singh Dhaliwal said comments related to "doubtful integrity" could lead to an officer's dismissal.

The adverse remarks in his PAR may also affect Khemka's prospects for central deputation as well even though he secured outstanding ranking in his appraisals during the past five years (2007-08 to 2011-12).

The government had not assessed his PAR for six months in 2012 when he had exposed Vadra's land deals in Gurgaon.

Haryana chief secretary SC Choudhary said the government would examine Khemka's papers when asked about his central deputation. "We are not against the deputation of any officer. It is good that an officer of the state contributes to the central government." He claimed Khemka's PAR has not been finalized and said "the question of his appraisal being spoilt does not arise".

Khemka had written to Choudhary on Thursday and urged him that an average of the grades he earned in previous years may be taken as the assessed grade of his latest PAR.

He said the PAR ratings were not disclosed to him even though the limit for it was January 15 as per the rules. Khemka had submitted his self-appraisal for this period but the government has chosen to "file (close) it".

He wrote he had taken action against a scam in the purchase of seeds and a fungicide during his tenure as HSDC chief. The CBI has carried out a preliminary inquiry on his complaint regarding the misappropriation of central subsidies. Khemka has alleged a senior agriculture department officer is complicit in the scam.
Link times of India
Victimized for exposing Vadra’s deals: Khemka-TOI -09.05.2014
CHANDIGARH: Haryana's whistle-blower IAS officer Ashok Khemka on Thursday accused chief minister Bhupinder Singh Hooda's government of trying to tarnish his professional record because he exposed Robert Vadra's murky land deals. His performance appraisal report (PAR) for the period when he cancelled the mutation of the land deal between Vadra and DLF in 2012 is not being assessed.

On Thursday, Khemka shot off a letter to the Haryana chief secretary S C Choudhary complaining that the Centre had not included his name in the offer list for central deputation because of "missing" PAR and in the absence of vigilance clearance by the state. The 1991-batch officer is currently holding charge of secretary, Haryana archives department.

Keen on central deputation, Khemka had made a formal request to the chief secretary on March 15, which was recently forwarded to the Centre by the state government. Sources said Haryana have not sent Khemka's PARs for 2011-12 and 2012-13 to the Centre yet apart from not granting vigilance clearance for his deputation.

In his communication to the CS, Khemka has detailed how he got outstanding grading from 2007-08 to 2011-12, but his performance was not even assessed for about six months (April 1, 2012 to October 15, 2012), which includes the period of his action in the Vadra-DLF deal.

"This omission seems to be deliberate to victimize me because the reporting period coincided with the actions taken by me against several land scams, including massive corruption combining land-licensing and land-releases forcing landowner/farmers to undertake distress sale of their farmland to the builder mafia," mentioned the bureaucrat, who has faced 44 transfers in his career of 22 years.

"Two quasi-judicial orders made on October 12 and October 15, 2012 concerned the companies of a VVIP. Why should I be penalized? Several letters were written to your office in this regard, but all were arbitrarily dumped. I should not be victimized further," Khemka wrote to the chief secretary.

Khemka has also alleged that his PAR for the period (October 15, 2012 to March 31, 2013) is being retained illegally with malafide intentions in the chief secretary's office "under the instructions of the political executive."

According to the officer, the outer time limit for PAR disclosure was January 15, 2014, but it had not been disclosed to him till date. "There is tremendous witch-hunting and hounding after October 15, 2012 with full political patronage of the present ruling party at the state and the Centre. I cannot be tormented and penalized by the deliberate and willful acts of malfeasance of the authorities. Till this date, I am not informed officially of any inquiry against me, though there are several media stories about false cases being foisted upon me to meeting political ends," alleged Khemka in the letter.

When contacted for comments, chief secretary Choudhary said that he was not aware of Khemka's the PAR issue.

Link times Of India

RegulatorsFailed To Stop Chit Fund Scam Says Supreme Court

2014-05-10T15:38:00.002-07:00

SC questions regulators' role in Saradha scam

Says its attention was drawn to at least two Sebi orders directing winding up of Ponzi schemes

Namrata Acharya, Ishita Ayan Dutt & Samie Modak

The Supreme Court, which has given its go-ahead for a Central Bureau of Investigation (CBI) probe in the Saradha chit-fund case, has also questioned the role of regulators - the Securities and Exchange Board of India (Sebi), the Reserve Bank of India and the Registrar of Companies - for their inaction in the multi-crore scam.

The Court order, which came on Friday, said: "Investigation conducted so far puts a question mark on the role of regulatory authorities like Sebi, Registrar of Companies and RBI, within whose respective jurisdictions and areas of operations the scam not only took birth but flourished unhindered."

While making it clear that the proceedings were not aimed at looking into whether Sebi had the jurisdiction to act in the matter, the apex court said "it was at one stage argued on behalf of Sebi that companies involved in the scam were doing chit-fund business and, since chit-funds were not within its jurisdiction, it could not have taken cognisance of it. Our attention was, however, drawn to at least two orders passed by Sebi directing winding up of such Ponzi schemes and refund of the amounts received by the companies concerned to the depositors", the order said.

The order does not mention the companies against whom Sebi acted, but it is known that orders against MPS Greenery and Rose Valley were issued in 2011 and 2012, respectively, for running collective investment schemes (CIS) without Sebi certificates. The Saradha scam had come to light in April 2013.

Among the laws that allow dubious companies to raise public deposits are the Companies (Acceptance of Deposits) rules, 1975, and the CIS regulations. While the first is under the Companies Act, the latter is under Sebi's purview.

Legal experts said cracking down on unauthorised money collection schemes wasn't easy for the authorities, as these typically operate in a regulatory grey area. The regulators have to establish whether or not a scheme falls under the CIS regulations, which is in Sebi's ambit. But Sebi did order a forensic audit of Saradha.

In the case of CIS schemes, Sebi had discontinued issuing licences for these about a decade ago, but several companies continued to operate schemes on old certificates.

Technically, though Saradha was raising money by means of advances and might not qualify as a CIS, it came under the broader aspect of raising money from a large number of people, making it a public issue.

Under Section 67 of the Companies Act, 1956, any issue of preferential shares to more than 50 people is deemed as a public issue, requiring Sebi clearance. In the Sahara case, the Supreme Court had observed that the issuance of optionally fully-convertible debentures (OFCDs) to millions of investors was indeed a public issue disguised as private placement.

Regulatory authorities - not just Sebi - have however, time and again, expressed their inability to act against deposit-taking companies, loosely called chit-fund firms.

"RBI has mostly cracked down on entities registered with it. Also, there haven't been many instances where RoC has come across as a proactive regulator," said a former Sebi official, who didn't want to be named.

According to Sebi data, the capital market regulator has launched a probe against more than 600 entities for collecting money from depositors. About 75 of these had to wind up schemes and repay investors. Sebi passed 12 final orders and 14 interim orders against 26 entities, which had together mobilised close to Rs 10,000 crore.

Market observers say, among all regulators, Sebi has been the most active when it comes to curbing unauthorised money-collection schemes.

In December 2012, when the Saradha scam was still in the making, former RBI governor, Duvvuri Subbarao, had sounded a warning bell. "The responsibility for checking the chit-funds and for prosecuting the violation of law is of the state government. We have written to all the state governments to be vigilant about this and to take appropriate action," he had said.

Four months later, the Saradha scam unfolded, leaving behind several thousands of duped investors. More than a year on, many such companies are still "flourishing unhindered".

Link Business Standard

Supreme Court Orders CBI Inquiry Into Saradha Chit Fund Scam

2014-05-09T03:42:00.002-07:00

Supreme Court directs CBI to investigate multi-crore Saradha chit fund scam-Financial Express-9th May 2014

In a jolt to Mamata Banerjee-government in West Bengal, the Supreme Court today ordered CBI inquiry into the multi-crore Saradha scam and similar cases in the state. The court also asked the CBI to investigate chit fund-related scam cases in Orissa and other states including Tripura and Assam.

A bench led by Justice T S Thakur said that the aspects of inter-state ramifications and the larger conspiracy angle required an in- depth probe by the premier investigative agency.

The bench asked the CBI to carry out further investigation wherever required. It directed the state agencies to assist the CBI in its probe.

It said regulators in the state governments failed to check the spread of the scam.

In case of West Bengal, the SC was hearing two PILs - one filed by advocates Pratim Kumar Singha Ray and Abu Abbasuddin, and another by advocate Subrata Chattoraj, seeking a CBI enquiry into the scam, which is being opposed by the state. The TMC government had alleged "political motivation" behind the demand.

West Bengal had told the court that there was no need for a CBI probe as an ongoing probe by a special investigation team had made substantial progress. A division bench of Calcutta High Court had said last year there was no need for a CBI probe into the Saradha case.

Social activist Alok Jena filed a similar plea for CBI inquiry in Orissa. At the fag end of the hearing, Orissa government had conceded that the court may direct CBI inquiry in view of the sweep of the scam beyond the state.

The Indian Express had first reported that the scale of the scam was much larger in Orissa.163 chit fund firms have collected around Rs 4,600 crore by defrauding the people in Orissa whereas the chit fund scam in West Bengal is estimated at Rs 2,460 crore. Moreover, at least 10 lakh families, mostly belonging to the low-income group, have been affected by the scam in Orissa.

The court had last month reserved its judgement on the separate PILs.

Mamata Banerjee's party has been under immense pressure as some of the TMC leaders have come under the scanner of Enforcement Directorate (ED) recently for their alleged links with Saradha. ED, which is probing the matter, has arrested Saradha promoter Sudipta Sen's second wife and son for alleged money laundering. Sen and suspended Trinamool MP Kunal Ghosh are already behind the bars in connection with the scam.

Link Financial Express

End Of Bank Secrecy ? Exposure Of Black Money

2014-05-08T00:18:00.000-07:00

End of bank secrecy? Switzerland, Singapore agree to share tax information-Source Link

Switzerland and Singapore have both agreed to share data and tax information under a groundbreaking new treaty signed by some 47 nations worldwide.

“It's clearly the end of bank secrecy abused for tax purposes,” OECD tax director Pascal Saint-Amans told reporters in Paris on Tuesday

Switzerland and Singapore are renowned for their status as massive offshore financial centers. Their signing up is considered to be a giant step in an escalating battle against international tax evasion.

Switzerland has some $2 trillion in assets and more than 300 private banks. However, Singapore is a close second and a study released last year showed that experts believe that the country will soon overtake Switzerland as regulations increase in severity.

“It means that governments can really assess the tax owed by people who thought they could hide in other jurisdictions,” Saint-Amans stated.

All financial information is to be shared by signatories. Among the details to be distributed are taxpayers' bank balances, dividends, interest income and sales proceeds used to calculate capital gains tax, according to Reuters. The Tuesday OECD deal established a common standard for the details’ exchange.

Last year, Switzerland indicated its preparedness to cooperate with the US over American tax evaders holding offshore accounts in Switzerland. In December, the Swiss regional lender Valiant Bank agreed to a US voluntary disclosure program aimed at divulging information on evaders.

The US authorities have been chasing Swiss lenders since they forced UBS, the country’s biggest bank, to pay $780 million for its role in contributing to tax evasion in 2009.

The other banks which came under suspicion were EFG International, St. Gallen Kantonalbank, which owns private banks Hyposwiss, Linth Bank and Banque Cantonale Vaudoise.

CBI May Now Investigate Top Officials Without Permission From Government

2014-05-06T06:21:00.002-07:00

CBI can investigate corruption charges against top babus without govt nod: SC--Times of India
6th May 2014
NEW DELHI: The Supreme Court on Tuesday struck down a single directive provision which barred CBI from investigating corruption charges against joint secretary and above rank officers without prior permission of the Centre.

The court held as invalid and unconstitutional the provision in the law requiring government's approval to probe senior bureaucrats on corruption charges.

All government officials have to be treated equally and have to face the same process of inquiry in graft cases, the SC said, adding, "status of top bureaucrats is of no relevance in the offence under the Prevention of Corruption Act".

The apex court said such a classification of bureaucrats for investigation purposes violated Article 14 of the Constitution which mandated that law would treat everyone equally.

"Prior permission from the Centre to probe corruption charges against joint secretary level officers would fetter the CBI from collecting evidence and also alert the corrupt to destroy evidence," the Supreme Court added.

"Protection of prior approval for probing graft charges against officers at level of joint secretary and above has propensity of shielding corruption," the Supreme Court said.

This is the second time the apex court is striking down the single directive provision in Delhi Special Police Establishment Act.
Link times of India

SC on its side, CBI plans to move fast but cautious-Business Standard

CBI is not just hoping that the move will "greatly expedite a number of investigations" but also help breaking its proverbial cage and getting more operational autonomy

Ruchika Chitravanshi | New Delhi

May 6, 2014

Over a dozen cases are piled up on the desks of CBI investigators because the required permissions to question the public officials of joint secretary and above ranks have not been granted.

That hurdle now removed with the Supreme Court verdict rendering such approvals to probe senior bureaucrats for corruption as invalid and unconstitutional, CBI is not just hoping that the move will "greatly expedite a number of investigations" but also help breaking its proverbial cage and getting more operational autonomy.

"It puts much more responsibility on us that no innocent civil servant is harassed or prosecuted," said Ranjit Sinha, director, CBI. CBI is hoping to move fast on its National Spot Exchange probe where it wanted to question the chairman and managing director of Mineral and Metal Trading Corporation but could get the permission from the commerce ministry. The agency had registered a case in the matter on March 13. Of the cases pending approvals 66 per cent are registered complaints and the remaining are in preliminary enquiry stage with the longest pending approval in limbo since January 2013 ina railways related probe.

"We did not have a problem in seeking permission, but to get it from the interested party itselfis not fair to the probe. Instead we proposed that a panel of cabinet secretary, the department concerned and director CBI could review such applications," a senior CBI official said.

In the past CBI officials claim that probe has been delayed for want of such permits incases like the coal scam where the agency could not question H C Gupta, former coal secretary in connection with Jindal Steel and Power FIR for several weeks as the permission was denied. Gupta was questioned after he stepped down from public office as member of the Competition Commission of India.

Similar instances occurred when CBI wanted to question TKA Nair, advisor to Prime Minister Manmohan Singh and other joint secretaries of Prime Minister Office in the coal block allocation scam. Nair was finally reached out through a written questionnaire by CBI. As per the provisions of the Prevention of Corruption Act under article 6A, CBI is supposed to take the permission of the immediate senior bureaucrat when it wants to question a joint secretary and above officer.

For Secretary rankofficials the go ahead has to come from the concerned minister. No such permissionis required as per law to question a sitting Minister. However, the agency is supposed to inform the Speaker or the chairperson of the house and the Prime Minister's office if it is a cabinet minister. For instance, in the railway bribe for post scandle, CBI had gone to the PMO before questioning former rail minister Pawan Kumar Bansal who had to step down from the post.

Next on the wish list of CBI is the speeding up of the prosecution sanction to which there is presently no time limit. "Government can sit on it for as long as it wants. Ifa deadline can be put to it then unnecessary delays won't happen," the senior CBI official told.

CBI Traps Bank Officials

2014-05-03T18:40:00.003-07:00

Bank employee swindles Rs 40 lakh
-Times of India 02.05.2014

COIMBATORE: The officials of Bank of Baroda (BOB) from Selakarichal village near Sulur in Coimbatore district lodged a petition with the district superintendent of police M Sudhakar that one of their bank staff misappropriated lakhs of rupees from fixed depositors. The officials requested the police to take action against the staff who has gone into hiding now.

The petition was forwarded to the district crime branch by SP Sudhakar who ordered a detailed investigation on the petitions filed. Police officials confirmed that over 40 lakh rupees were misappropriated by the staff in the BOB.

The villagers had opened fixed deposit accounts, depositing lakh of rupees in the accounts. One staff member used to receive the deposits in cash. If a depositor handed over Rs 2.50lakh to the employee, he would pocket Rs2lakh and mention only Rs50,000 in the deposit slip and later get the signature from the branch manager. However, the copy of the deposit slip given to the depositor would show the actual amount.

Since it was a fixed deposit, the depositor rarely checked his account. A few weeks ago, the accused employee went on leave. During this time, one depositor realized that his account did not reflect the total money he had deposited which was Rs1lakh. Later, he approached the bank manager who immediately conducted a probe and came to know that at least Rs40lakh had been misappropriated by the staff.

Following the incident, the bank administration approached the police who requested the bank to submit more documents in connection with the case. Meanwhile the police came to know that the bank staff is absconding. Police sources said that as soon as they get more details on the fraud, they would register a case against the bank employee.

Link Times of India

FOUR YEARS RIGOROUS IMPRISONMENT WITH FINE OF Rs. FOUR LAKHS TO THEN SENIOR MANAGER OF UNION BANK OF INDIA FOR MISAPPROPRIATION OF Rs. 7.33 LAKHS

Press Release
New Delhi , 02.05.2014

The Special Judge for CBI cases, Indore has convicted Shri Anil Yadav, then Senior Manager, Service Branch, Union Bank of India, Indore & his son Sh. Vikram Singh (Private person) for misappropriation of Rs.7.33 Lakhs (approx). Shri Anil Yadav was sentenced to undergo four years Rigorous Imprisonment with fine of Rs.4 Lakhs while his son to undergo one year Rigorous Imprisonment with fine of Rs. 50,000/-.

CBI had registered a case on 17/03/2010 against Shri Anil Yadav, then Senior Manager, Service Branch, Union Bank of India, Indore and unknown officers U/s 120-B, 409, 477-A of IPC & Section 13(2) r/w 13(1)(c) & (d) of PC Act, 1988 on the basis of complaint filed by Chief Vigilance Officer, Union Bank of India, Central Office, Union Bank Bhawan, Mumbai on the allegations that Shri Anil Yadav fraudulently facilitated one courier agency M/s. Fast Flight Couriers which was run by his son Shri Vikram Singh. The said courier agency had been hired for collecting and delivering inward & outward clearing cheques from local branches of Union Bank of India at Indore. The competent Authority had approved payment of Rs. 23,000/- per month to the said courier agency, whereas Shri Anil Yadav had made payments ranging from Rs.42,000/- to Rs.72,500/ per month. By this way, Shri Anil Yadav caused undue pecuniary advantage to M/s. Fast Flight Couriers (a Proprietorship run by his son) to the tune of Rs. 7.33 Lakhs(approx.).

CBI filed a charge sheet U/s 120-B r/w 409, 420, 477-A of IPC & U/s. Sec. 13(2) r/w 13(1) (c) & (d) of PC Act. 1988 against Shri Anil Yadav and Shri Vikram Singh on 31/10/2011 in the Court of Special Judge for CBI Cases, Indore on the misappropriation of Rs.7.33 Lakhs.

The Trial Court found both the accused guilty and convicted them.

CBI ARRESTS A BRANCH MANAGER OF PUNJAB NATIONAL BANK FOR ACCEPTING BRIBE OF Rs.1.50 LAKH

Press Release
New Delhi , 01.05.2014

The Central Bureau of Investigation has arrested a Branch Manager, Punjab National Bank, Kochas Branch, District Rohtas (Bihar) for demanding & accepting a bribe of Rs.1.50 Lakh from the Complainant.

A case was registered against Branch Manager, Punjab National Bank, Kochas Branch, Rohtas on the basis of complaint in which it was alleged that the Branch Manager demanded bribe of Rs.1,50,000/- for sanctioning loan of Rs.10 Lakhs under Prime Minister Employment Guarantee Scheme in favour of the complainant for pursuing his business.

CBI laid a trap and the accused was caught red handed while demanding & accepting a bribe of Rs.1,50,000/- from the residence of the Complainant. The arrested accused is being produced today before the Designated Court.

CBI ARRESTS A SENIOR MANAGER OF PUNJAB NATIONAL BANK IN A BRIBERY CASE

Press Release
New Delhi , 29.04.2014

The Central Bureau of Investigation has arrested Senior Manager, Punjab National Bank, Sangli Branch (Maharashtra) for demanding & accepting a bribe of Rs.10,000/- from the Complainant.

A case was registered on a complaint alleging that the accused was demanding bribe of Rs.15,000/- from the Complainant to release the demand draft of Rs.1.5 lacs being the amount of loan sanctioned by the Bank to him under Suvarna Jayanti Rojgar Yojna. After negotiation, the Bank Manager agreed to accept Rs.10,000/- as bribe. CBI laid a trap and the accused was arrested while demanding & accepting the bribe from the Complainant. Searches were conducted at the residence of accused at Sangli and Pune.

The arrested accused was produced today in the Special Court at Sangli and was remanded to Police Custody upto 30.04.2014.

THREE YEARS RIGOROUS IMPRISONMENT TO THEN SENIOR BRANCH MANAGER OF BANK OF INDIA IN A BRIBERY CASE

Press Release
New Delhi , 01.03.2014

The Special Judge for CBI Cases Indore has convicted Sh.Kishori Lal Parmar then Senior Branch Manager, Bank Of India, Nemawar Branch, District Dewas(Madhya Pradesh) in a bribery case and sentenced him to undergo three years Rigorous Imprisonment with fine of Rs.50,000/-.

CBI had registered a Case U/s 7 & 13(2) r/w 13(1)(d) of PC Act, 1988 on the basis of complaint against Kishori Lal Parmar, the then Branch Manager, Bank of India, Nemawar Branch, Dist- Dewas alleging that he had demanded a bribe of Rs. 70,000/- for sanction of KCC loan of Complainant, his father and his uncle. The Complainant further alleged that Shri Kishori Lal Parmar had obtained Rs. 44,000/- by pressurizing him and further he was also demanding Rs. 26,000/- for sanction of KCC loan of his uncle. CBI laid a trap on 20.09.2012 and the accused was caught red handed while demanding & accepting bribe of Rs. 10000/- from Complainant..

A charge sheet was filed on 11.12.2012 in the Court of Special Judge for CBI Cases, Indore against Shri Kishori Lal Parmar, the then Sr. Branch Manager, Bank of India U/s 7& 13(2) r/w 13(1)(a)& 13(1)(d) of PC Act. 1988.

The Trial Court found the accused guilty and convicted him.

CBI ARRESTS TWO ACCUSED IN AN ALLEGED BANK FRAUD CASE

Press Release
New Delhi , 03.03.2014

The Central Bureau of Investigation has arrested two accused from Hyderabad in an alleged bank fraud case.

A case was registered by CBI during August, 2013 on a complaint lodged by IDBI Bank Ltd. alleging that their Specialised Corporate Branch, Hyderabad was defrauded to the tune of Rs.10.19 crores (approx.) by a private construction company based at Khairatabad, Hyderabad (Andhra Pradesh).

The arrested accused were produced before the Special Judge for CBI Cases, Hyderabad and remanded to Judicial Custody.

CBI ARRESTS A BRANCH MANAGER OF UNION BANK OF INDIA IN A BRIBERY CASE

Press Release
New Delhi , 06.03.2014

The Central Bureau of Investigation has arrested a Branch Manager, Union Bank of India, Kolvan Branch, Pune for demanding & accepting a bribe of Rs. 9,000/- from the Complainant.

A case was registered U/s 7 of PC Act, 1988 regarding demand of bribe of Rs. 9000/- by Branch Manager (Scale-I), Union Bank of India, Kolvan Branch, Pune for sanction and disbursement of Crop Loan of Rs. Three Lakhs to the Complainant. CBI laid a trap and the Branch Manager was caught red handed while demanding & accepting the bribe amount of Rs. 9000/- from the complainant inside the bank premises.

The arrested accused is being produced today in the Designated Court at Pune.

TWO YEARS RIGOROUS IMPRISONMENT TO THEN BANK OFFICIAL FOR CAUSING LOSS OF RS.23.04 LAKHS (APPROX) TO BANK

Press Release
New Delhi , 07.03.2014

The Special Judge for CBI cases, Daman has convicted Shri Dilip Naginbhai Patel, then Head Assistant, State Bank of India, Daman Branch and sentenced him to undergo two years rigorous imprisonment with fine of Rs.7,000/- .

CBI had registered a case against Shri Dilip Naginbhai Patel, Head Asstt. State Bank of India, Daman Branch and his wife, who while functioning as Head Asstt. in the State Bank of India, Daman Branch, Daman, during the period July 1993 to July 1998, entered into criminal conspiracy with his wife to cheat the State Bank of India. He utilised forged documents and a mechanical device known as the "Ledge Posting Machine" to transfer the deliverance of the Bank's money, falsified the Branch records, misappropriated the Bank's funds entrusted to him and cheated the State Bank of India to the tune of Rs.23.04 lakhs(approx).

A charge-sheet was filed on 24-1-2002 in the court of Special Judge, Daman U/s 120-B r/w. 420 of IPC, 467, 468, 471, 409, 477-A, 201 IPC and Sec.13(2) r/w. 13(1)(d) of PC Act, 1988 against the accused and his wife.

The Trial Court found the accused Shri Dilip Naginbhai Patel,then Head Assistant State Bank of India guilty and convicted him. His wife expired on 17/3/2009.

CBI ARRESTS A BANK MANAGER AND A SENIOR SECTION ENGINEER OF RAILWAYS IN SEPARATE CASES OF BRIBERY

Press Release
New Delhi , 11.03.2014

The Central Bureau of Investigation has arrested a Branch Manager of State Bank of Hyderabad, Chopada Branch, Distt. Jalgaon (Maharashtra) for demanding & accepting a bribe of Rs. 10,000/- from the Complainant.

A case was registered against a Branch Manager, State Bank of Hyderabad, Chopada Branch, Distt. Jalgaon on the allegations of demanding a bribe of Rs. 10,000/- for releasing an installment amount of Rs.Three Lakhs of housing loan sanctioned to the complainant. Thereafter, CBI laid a trap and the accused was caught red handed while demanding & accepting bribe of Rs. 10,000/-. During searches at residential & office premises of accused, incriminating documents relating to investment made by the accused, Gold, Silver jewellery & coins and cash were recovered.

The arrested accused was produced before the Special Judge, Jalgaon who remanded the accused to Police Custody till 11/03/2014.

In another case, the CBI has arrested a Senior Section Engineer, Southern Railway for demanding & accepting a bribe of Rs. 15,000/- from the Complainant.

A complaint was received against Sr. Section Engineer, working in the office of Dy. Chief Engineer (Construction), Southern Railway, Chennai alleging that the said Officer was demanding money for taking measurement of the Railway Contract Work carried out by the complainant and recording the same in the measurement book in order to raise the bill. Based on the complaint, a case was registered. CBI laid a trap and arrested the accused while demanding & accepting a bribe of Rs.15,000/-.

The accused was produced before the Principal Special Judge for CBI Cases, Chennai and remanded to judicial custody.

CBI ARRESTS A BANK MANAGER AND TWO OFFICIALS OF CENTRAL COAL FIELD LIMITED IN SEPARATE CASES OF BRIBERY

Press Release
New Delhi , 12.02.2014

The Central Bureau of Investigation has arrested a Branch Manager, State Bank of Patiala, Cheema, Distt. Sangrur (Punjab) for demanding & accepting a bribe of Rs. One Lakh from the Complainant.

A case was registered on a complaint from a resident of Distt. Sangrur, Punjab alleging demand of bribe of Rs.6.5 lakh by Branch Manager, State Bank of Patiala, Cheema, Distt. Sangrur for liquidating the loan and returning the documents of the land which was mortgaged with the bank. CBI laid a trap and the Bank Manager was caught red handed while demanding & accepting bribe of Rs.One Lakh, as first instalment from the complainant.

The accused was produced in the Designated Court and remanded to Judicial Custody.

In an another case, the CBI has arrested Project Officer and his subordinate Sales Manager, posted at Swang Washery, Kathara Area Central Coal Field Limited (CCL) for demanding & accepting a bribe of Rs. 20,000/- from the Complainant.

CBI had registered a case against Project Officer and Sales Manager of Swang Washery, Kathara Area, CCL on the basis of a complaint by a coal trader. It was alleged that said Project Officer and Sales Manager had demanded illegal gratification of Rs. 20,000/- from the complainant for providing him coal stock against a delivery order issued by CCL. CBI laid a trap and caught Project Officer & Sales Manager red handed while demanding & accepting bribe of Rs. 20,000/- from the complainant.

The arrested accused persons were produced before the Special Judge CBI cases, Dhanbad and were remanded to Judicial Custody.

FIVE YEARS RIGOROUS IMPRISONMENT TO THREE THEN OFFICERS OF CENTRAL BANK HOME FINANCE LTD AND OTHERS FOR CAUSING LOSS OF RS.85.75 LAKH

Press Release
New Delhi , 11.02.2014

The Special Judge, CBI cases, Jabalpur has convicted 11 accused persons i.e Shri S.C.Jharia & Shri B.S.Sullere, both the then Branch Managers and Shri S.S. Solanki, the then Junior Officer, all of Central Bank Home Finance Limited, Jabalpur (a subsidiary company of Central Bank of India) & eight others and sentenced them to undergo five years Rigorous Imprisonment each U/s 120 B, 420, 468 & 471 IPC and 13 (2) r/w (1) (d) P.C. Act. 1988, and fines ranging from Rs. 5,000/- to Rs. 2,90,000/-.

The CBI filed nine separate charge sheets on 29.09.2007 before the Special Judge, CBI Cases, Jabalpur against Shri S.C.Jharia, Shri B.S.Sullere, both the then Branch Managers & Shri S.S. Solanki, the then Junior Officer, all of Central Bank Home Finance Limited and 12 other borrowers & private builders U/s 120 B, 419, 420, 468 & 471 IPC and 13(2) r/w (1)(d) P.C. Act. 1988, alleging that during the period 2002-2003, the said accused public servants in criminal conspiracy among themselves and with other 12 borrowers, private builders and Panel Advocate, dishonestly & fraudulently sanctioned & disbursed housing loans to the borrowers for purchasing ready built flats & for constructing houses on the basis of fake pay slips & fake employer certificates as well as false search reports furnished by the Panel Advocate of the said company without conducting pre or post sanction inspections. It was also alleged that since the said accused public servants created in fructuous mortgage, the bank could not enforce recovery by attaching the properties, financed by the said company. A loss of Rs.85,75,000/-(approx) was caused to Central Bank Home Finance Limited, Jabalpur.

The Trial Court found 11 accused guilty and convicted them. The Special Judge acquitted one of the borrowers and a Panel Advocate of Central Bank Home Finance Limited. Two other accused builders were absconders during investigation itself and hence, judgment was not pronounced against them.

TWO YEARS RIGOROUS IMPRISONMENT TO THEN BRANCH MANAGER OF BANK OF BARODA FOR CAUSING A LOSS OF Rs. 39.57 LAKH(APPROX)

Press Release
New Delhi , 06.01.2014

The Special Judge, CBI Court No.4, Mirzapur, Ahmedabad has convictedShri Vrajlal Mohanbhai Borad, the then Branch Manager, Dumiyani Branch, Bank of Baroda, Rajkot and sentenced him to undergo two years Rigorous Imprisonment with fine of Rs. 2,500/- for causing loss of Rs. 39.57 Lakh(approx) to Bank of Baroda.

CBI had registered a case against Shri Vrajlal Mohanbhai Borad, the then Branch Manager, Bank of Baroda, Dumiyani Branch, Rajkot on the allegations that the accused in conspiracy with other accused persons sanctioned crop loans to non-existent applicants or to applicants who were earlier sanctioned crop loans and thus caused loss of Rs.39.57 Lakh(approx) to Bank of Baroda. After investigation, charge sheet was filed against four accused Persons U/Sec.120-B r/w 379 U/s 409,465,471,477(A) of the IPC and 13(2) r/w 13(1)(d) of PC Act,1988.

The Trial Court found Shri Vrajlal Mohanbhai Borad guilty and acquitted three other persons.

CBI FILES A CHARGESHEET AGAINST THEN BRANCH MANAGER OF STATE BANK OF HYDERABAD IN AN ALLEGED LOSS OF RS. 3.18 CRORES(APPROX)

Press Release
New Delhi , 10.01.2014

The Central Bureau of Investigation has filed a chargesheet against the then Branch Manager, State Bank of Hyderabad, MP Nagar Branch, Bhopal and four private persons in the Court of Special Judge for CBI cases, Bhopal U/s 120B, 419, 420, 467, 471 of IPC and Section 13(2) r/w 13(1)(d) of PC Act, 1988 for causing an alleged loss of Rs. 318.52 Lakh(approx).

A case was registered on 1.12.2011 U/s 120-B, 420, 468 & 471 of IPC and section 13(2) r/w 13(1)(d) of PC Act 1988 against the then Branch Manager, State Bank of Hyderabad, MP Nagar Branch, Bhopal(Madhya Pradesh) and others. It was alleged that during the period from 05.06.2009 to 29.09.2010, the then Branch Manager, State Bank of Hyderabad, MP Nagar Branch, Bhopal entered into criminal conspiracy with five Proprietors of Private Construction firms, who were involved in housing construction and conspired with the unknown borrowers to cheat the State Bank of Hyderabad, MP Nagar Branch, Bhopal to the tune of Rs 318.52 Lakh(approx) by way of facilitating availment of Housing Loans on fraudulent & dishonest submission of fake salary slip; documents related with inflated cost of construction, and showing the documents as purportedly genuine to the bank.

After completion of investigation, CBI filed a chargesheet.

The public is reminded that the above findings are based on the investigation done by CBI and evidence collected by it. Under the Indian Law, the accused are presumed to be innocent till their guilt is finally established after a fair trial.

Black Money In German Bank

2014-04-29T16:46:00.000-07:00

Centre gives names of all account holders in Liechtenstein Bank to Supreme Court-Times of India-30.04.2014
NEW DELHI: After resisting for more than three years, the Centre on Tuesday revealed names of 18 people in the Supreme Court who allegedly stashed black money with LST bank in Liechtenstein and against whom prosecution have been launched by the income tax department.

Centre also placed in a sealed envelope the names of other individulas with respect of eight other cases in which it found no evidence of tax evasion and asked a bench headed by Justice HL Dattu not to make public those names.

The bench, also comprising justices Ranjana Prakash Desai and Madan B Lokur, however, said that it will discuss the content of documents among themselves and will decide the issue on May 1.

The names, listed in Centre's affidavit, include Mohan Manoj Dhupelia, Ambrish Manoj Dhupelia, Bhavya Manoj Dhupelia, Manoj Dhupelia and Rupal Dhupelia from Ambrunova Trust and Marline Management.

Centre said that I-T department also found evidence against against four members of Manichi Trust — Hasmuk Ishwarlal Gandhi, Chintan Hasmukh Gandhi, Madhu Hasmukh Gandhi and Late Mirav Hasmukh Gandhi.

It said that prosecution has been initiated against Chandrakant Ishwarlal Gandhi, Rajest Chandrakant Gandhi, Viraj Chandrakant Gandhi and Dhanalaxmi Chandrakant Gandhi from Ruvisha Trust.

Names of Arunkumar Ramniklal Mehta and Harshad Ramnikal Mehta from Dainese Stiftung and Dryade Satiftunf trust was also mentioned in the list.

KM Mammen from Webster Foundation, Arun Kochhar from Urvashi Foundation and Ashok Jaipuria from Raj Foundation were also named.

Notwithstanding the Supreme Court order in 2011 to make public the names of account holders in LGT bank received by it in 2009 from German tax authorities, Centre has not done so, drawing the ire of the apex court.

"It is respectfully submitted that the information regarding deposits/outstanding amounts in the accounts maintained by 12 trusties/entities with LGT bank in Liechtenstein was received by government from German tax authorities in March 2009 under the Indo-Germany Double Taxation Avoidance Convention.

"The 12 trusts/entitied involved 26 individuals of Indian origin. Out of the 26 cases, investigations in 18 cases have been concluded by the I-T department and prosecutions have been launched in 17 cases (one tax payer has expired)," the Centre said in its affidavit.

The court was hearing a PIL filed by noted lawyer Ram Jethmalani seeking directions to the government "to file list of names of those having accounts in Liechtenstein Bank with respect of whom investigations have been concluded, either partially or wholly.

In the meantime, Jethmalani also gave names of former apex court judges who could be considered for the post of Chairman and Vice-chairman of SIT which will be looking into all cases of black money in the country.

The Centre had earlier faced the heat of the apex court for failing to implement its three-year-old directions including setting up of a SIT to probe all cases of black money and disclosing information received from Germany about individuals stashing money in Liechtenstein Bank.

Jethmalani also claimed that he can put on record names of those who have bank accounts in Switzerland and are involved in money laundering.

He further said reports suggest that Indians alone have parked around Rs 19 lakh crore black money abroad.

The bench said it will consider his submission and asked him to be ready with an affidavit on it in the next hearing.

Jethmalani said he was ready with the affidavit and will file it tomorrow so that it could be taken during the hearing on Thursday.

Senior advocate Anil Divan, arguing for Jethmalani, placed in a sealed cover the names of three former Supreme Court judges, who could be considered for appointment as Chairman and Vice Chairman of the Special Investigating Team (SIT) to carry out the investigation into the black money issue as per the direction of apex court's July 4, 2011 judgement.

At the outset, the bench also said that it has received a letter from Justice B P Jeevan Reddy, former apex court judge, who was appointed as the head of the SIT but later expressed his inability to continue.

It said the contents of the letter cannot be disclosed. The bench had asked both the Centre and petitioners to discuss and come out with the name of a former apex court judges who would agree to head the SIT.

The bench was informed that former apex court judge M B Shah, who has been appointed Vice Chairman of the SIT, has agreed to continue.
Link Times of India

Congress Party And Constitutional Coup

2014-04-27T20:37:00.003-07:00

4 ways the Congress won power through Constitutional coups-

By Sri Rajeev Srinivasan-Rediff.com

Since 2004 the Congress has hung on to power in a situation in which it was on track to be out of power. In each case, the Congress effectively gamed the system through Constitutional coups, argues columnist Rajeev Srinivasan.

After Prime Minister Manmohan Singh's apparent swansong press conference, it is worth considering exactly how, under his tutelage, United Progressive Alliance-1 and 2 have fared.

In the midst of scams and land-grabs, one remarkable fact stands out -- the curious incidents wherein Congress rule has continued against all the odds. The clever strategists of the Congress have managed to hang on to power despite everyone writing them off.

The 2004 parliamentary election in which the Congress came to power surprised most observers. The National Democratic Alliance, and the chatterati, had expected the country, basking in almost-double-digit GDP growth, to return the NDA to power..

Alas, that was not to be. The results, to refresh your memory, were as follows:

Congress: 145 seats

BJP: 138 seats

Communists: 59 seats

Bahujan Samaj Party: 19 seats

Samajwadi Party: 36 seats

Telugu Desam Party: 5 seats

Rashtriya Janata Dal: 21 seats

... and so on

This was no landslide in favour of the Congress: it only got seven seats more than the BJP. It was the support of the Communists and some others that got the Congress to the magic number of 272..

Somehow, we have forgotten that fact because of the total freedom with which the Congress carried out its scams.

Remarkably, we see the same forgetfulness in today's ecstatic reports about the Aam Aadmi Party: For instance the New York Times gushed about the AAP's 'commanding victory' in Delhi. Victory? Commanding? The AAP came second in a field of three! Such selective amnesia tells a lot about those doing the forgetting and their agendas.

But the point is that the Congress was able to rope in the Communists in 2004 (they chose to give the Congress 'outside support') and run a minority government. Although we forget now, the gigantic scams began in UPA-1, not in UPA-2..

The 2G scam, the cash-for-votes scandal, etc took place during UPA-1. The Communists were indirectly culpable, thus, in the vandalisation of the economy on a large scale.

But it was when the Communists threatened to pull the rug out from under them with the India-US nuclear 'deal' as backdrop that the Congress first rolled out its clever new tactic: The Constitutional coup..

To give credit where it is due -- and I am not exactly an admirer of the Congress -- the party has perfected the black art of Constitutional coups.

What exactly is a Constitutional coup?

Like a normal coup d'eat, it enables some group to take over a State; however, instead of violence, a Constitutional coup takes advantage of some loophole to effect a bloodless takeover, although it is indeed subverting the putative will of the people..

This is what happens when rulers manipulate election results -- for instance, it is alleged that Hun Sen did this in the Cambodian elections in 2013.

I can think of at least four Constitutional coups that the Congress has pulled off successfully:

The 2008 cash-for-votes scam with which they overcame a no-confidence motion that would surely have toppled them;
The 2009 election in which considerable circumstantial evidence suggests that the party may have stolen the election by tampering with Electronic Voting Machines;
The hounding and harassing of B S Yeddyurappa in 2011 with the sole intent of toppling the BJP government in Karnataka. The courts later exonerated him;
The use of the Aam Aadmi Party as a fig leaf to retain effective power in Delhi in 2013.

In each of these, the Congress has managed to hang on to, or to capture, power in a situation in which it was on track to be out of power. In each case, the party effectively gamed the system and subverted the checks and balances..

In addition, there is always a quality of mystery -- almost of the miraculous -- about the last-minute reprieve that the Congress got. Well, as they say, if something is too good to be true, it usually is.

First, cash for votes. The minority UPA-1 government was on the verge of collapsing in 2008, when they went on a bribing spree, allegedly offering crores of rupees in cash to quite a few Opposition MPs..

This sting was caught on camera, and MPs brandished in Parliament the bundles of currency notes they were given. It appeared to be an open-and-shut case of perversion of the rules of parliamentary conduct..

The Speaker had just disqualified a couple of MPs for the relatively minor crime of taking money to ask specific questions; thus it appeared as though the impugned Congress politicians would be censured and prevented from voting.

However, at the last minute, the Speaker refused to take cognisance of the alleged bribes; the television channel that had the tapes refused to broadcast them; and the Congress won the confidence vote. Truly miraculous indeed..

Yes, Constitutional coup number one -- the Constitution had been violated with impunity.

Second, the 2009 election. Coming as it did just after the 26/11 terror attacks and hostage-taking by Pakistanis in Mumbai, one would have thought the Congress and its friends, who did such a poor job in managing the attack, and an even poorer one in forcing the Pakistanis to bring the handlers to justice, would have caused a backlash from the public.

On the contrary, the Congress won more seats. There had been chatter on the Internet that a group of hackers had been recruited from the US to manipulate the Electronic Voting Machines..

Furthermore, strange things happened: Monu Nalapat, a journalist and professor, reported that he was able to find the results on the Election Commission page before counting started, and there has never been a satisfactory explanation for that.

A major politician was trailing by 30,000 votes coming into the final stretch. Then, lo! an apparent miracle happened, and he won. There is a pending court case about this incident.

EVMs are highly insecure, and for this reason the Germans, the Dutch and the Californians have all banned them. A few computer scientists figured out how to hack the Indian EVMs (they are quite primitive). Instead of being felicitated, one of them was jailed, for the absurd 'crime' of procuring an EVM (he was forced to, as the Election Commission wouldn't give him one to test)..

Finally, the Supreme Court has forced the use of EVMs with a printed receipt to enable manual recounts if needed: A digital record is obviously not secure and can be spoofed.

The computer scientists further showed that the EVMs could be decked out with a radio-sensitive chip, so that a person at some distance with a cellphone could trigger a Trojan Horse programme to quietly transfer votes to the preferred candidate..

Thus, the modus operandi could be simplified -- only a few compromised EVMs, and a few in-the-know people who could drive around to the compromised EVMs and enable the programme from their cars when nearby.

If this suspicion is true, then the 2009 election may have been stolen. Constitutional coup number Two.

Third, the strange case of B S Yeddyurappa. The Congress was extremely unhappy that the BJP -- viewed as a Hindi-cowbelt party -- had managed to gain a foothold in the South, thanks mostly to Yeddy's clever tactics. So what's a resourceful party to do? Non-stop harassment! .

Governor H R Bharadwaj was sent to Bangalore with a single-point agenda: Get Yeddy out, by hook or by crook. So the governor and the Lokayukta hounded Yeddy, slapping all sorts of cases on him.

The paid media got into the act, spilling oceans of ink on painting Yeddy as the biggest villain since, well... Al Capone. There was shrill, sanctimonious coverage of the Mangalore incident wherein a group called the Sri Rama Sene rescued some young women who were apparently being 'groomed'.

In fact, Yeddy's alleged crimes (land grabs) were misdemeanours, easily topped by any one of felonies (CWG, 2G, Adarsh, etc) under Manmohan Singh's watch. Yet there was no uproar asking Singh to resign, unlike Yeddy..

By causing the BJP -- gullible BJP -- to expel him, and thus split the anti-Congress vote, the Congress was able to come back to power. Fiendishly clever.

And now comes a Supreme Court judgment exonerating Yeddy. Why isn't Yeddy suing for defamation, character assassination and libel?.

Anyway, the damage has been done and the BJP can no longer use Karnataka as a springboard into the rest of the South: Mission accomplished.

Also, I didn't see anything but a very cursory report of the court ruling in the media. There is in fact very little coverage of Karnataka now -- I guess Omerta is the name of the game now that the Congress is ruling the state, and nothing bad is supposed to get publicity.

Fourth, the curious case of the Aam Aadmi Party. Since the principal effect of the AAP entering politics is to split the anti-Congress vote, it is likely that there is some 'understanding' between the two parties.

There were rumours of secret meetings in smoke-filled rooms. The alacrity with which the Congress supported an AAP power-grab, and the alacrity with which the latter accepted, suggest this was pre-planned. Constitutional coup Number Four.

So, the AAP is a Congress proxy, and a particularly nasty embodiment of that motley crew called the NAC (National Advisory Council), which has created some of the most dangerous legislation in recent memory.

If anything, the AAP is even more lunatic-Left than the NAC. Its policy pronouncements are startlingly bad, but clearly the Congress is not bothered, so long as they have prevented the BJP from ruling Delhi.

Indeed, the foreign media has been singing the AAP song for a few months: The Economist,The New York Times, etc have been cheerleading for the AAP and Arvind Kejriwal. Which leads to the question of why they have so much benign interest in Indian politics all of a sudden. The curious incident of the dog in the night-time comes to mind.

The Congress is, in effect, back in power in Delhi. All that has happened is that the unlamented Sheila Dikshit has been thrown under the bus. And the entire media apparatus is now full of starry-eyed stories about how wonderful the AAP is, and how their leader is going to defeat Narendra Modi by astroturfing an army of volunteers in major metros and eating into the anti-incumbency vote, thus paving the way for Rahul Gandhi to be anointed prime minister in May.

The frightening thing is that this scenario may indeed happen: By virtue of clever tactics, the Congress may well steal 2014 more subtly than with downright EVM fraud. And that would be a sad day indeed..

In 2009, I predicted gloom and doom and the evisceration of the Indian economy. It turns out I was not pessimistic enough.

But if UPA-3 becomes a reality, by 2025 India may well be Balkanised into a Greater Bangladesh, a seceding Northeast, a Kashmir ceded to Pakistan (Manmohan Singh hinted darkly about an 'important breakthrough' that he almost secured), an Arunachal Pradesh and Ladakh grabbed by China. And the Indian voter will have only himself to blame.

Link Rediff Com