उल्हासनगर में करोड़ों का केबल घोटाला

उल्हासनगर।। उल्हासनगर में केबल कनेक्शन का एक बड़ा घोटाला सामने आया है। सूत्रों के मुताबिक यहां लगभग 1 लाख 23 हजार केबल कनेक्शन अवैध रूप से चल रहे हैं , जिससे सरकार को सालाना करीब 10 करोड़ रुपये का नुकसान हो रहा है। इस गोरखधंधे का खुलासा करने वाले उल्हासनगर के हरदास थारवानी ने कहा कि उल्हासनगर में लगभग 1 लाख 62 हजार लोग हाउस टैक्स भरते हैं , जबकि केबल ऑपरेटर्स ने शहर में महज 39000 केबल कनेक्शन दर्शाए हैं। इससे स्पष्ट है कि करीब 1 लाख 23 हजार केबल कनेक्शन अवैध रूप से चलाए जा रहे हैं।

यह पूरा गोरखधंधा केबल ऑपरेटर और मनपा अधिकारियों की मिली भगत से चल रहा है , जिससे सरकार को करोड़ों रुपये का राजस्व घाटा हो रहा है। थारवानी ने कोर्ट में जाकर केबल ऑपरेटर्स द्वारा किए जा रहे करोड़ों रुपये के घोटाले का पर्दाफाश करने की बात कही है। उनके मुताबिक राज्य सरकार का करोड़ों का राजस्व डकारने वालों के खिलाफ कार्रवाई जरूरी है। उन्होंने कहा कि अब तक जितना भी इन लोगों ने घोटाला किया है , वह इनसे वसूला जाना चाहिए और इनका सहयोग करने वाले अधिकारियों पर भी कड़ी कार्रवाई की जानी चाहिए।

केबल माफियाओं में खलबली
उल्हासनगर मनपा परिक्षेत्र में केबल कनेक्शन में बड़ा घोटाला का खुलासा होने के बाद तहसीलदार ने यहां छान - बीन शुरू कर दी है। इस कार्रवाई से स्थानीय केबल माफियाओं में खलबली मच गई है। पिछले दिनों यह खुलासा हुआ था कि उल्हासनगर में पब्लिक ने केबल कनेक्शन लिए हैं , उसकी पूरी जानकारी केबल मालिकों ने सरकार को नहीं दी है। इससे सरकार को करोड़ों रुपये के राजस्व का घाटा हो रहा है। इस खबर को एनबीटी ने प्रमुखता से छापा था।

उल्हासनगर के तहसीलदार ने सबसे पहले शहर के बड़े - बड़े होटेलों में चेकिंग की। इनमें उनको सफलता भी मिली। इन होटेलों में अनाधिकृत रूप से ज्यादा केबल लाइन जुड़ी हुई थी। प्रवीण इंटरनैशनल ने 25, होटेल मयूर में 20, होटेल सेंट्रल प्लाजा में 17, होटेल कोहिनूर में 15, होटेल वृंदावन लॉजिंग - बोर्डिंग में 15, होटेल सेंट्रल पार्क में 14, होटेल सीमा इंटरनैशनल में 15, होटेल डर्बी में 10, होटेल अचल पैलेस में 10, होटेल सूर्या में 10, होटेल पेनेसुला में 6, होटेल अमरोसिया में 3, मनीषा लॉजिंग - बोर्डिंग में 2, होटेल धर्म पैलेस में 2 ऐसे कुल 165 कनेक्शन अनधिकृत चल रहे थे। तहसीलदार अमित सानप का कहना है यह पहली कार्रवाई है। कितने वर्षों से अवैध कनेक्शन चल रहे थे इसकी जानकारी एकत्र की जा रही है।

सूत्रों के अनुसार उल्हासनगर में करीब 1 लाख 23 हजार केबल कनेक्शन अवैध रूप से चल रहे हैं , जिससे सरकार को सालाना 10 करोड़ रुपये से ज्यादा के राजस्व का नुकसान हो रहा है। यह मामला तब उजागर हुआ , जब स्थानीय समाज सुधारक हरदास थारवानी ने उल्हासनगर में केबल कनेक्शन की जानकारी खंगाली। थारवानी का कहना है कि उल्हासनगर में लगभग 1 लाख 62 हजार लोग हाउस टैक्स भरते हैं , जबकि केबल ऑपरेटरों ने यहां महज 39000 केबल कनेक्शन दर्शाए हैं। ऐसे में , स्पष्ट है कि उल्हासनगर में 1 लाख 23 हजार केबल कनेक्शन अवैध रूप से चल रहे हैं।

थारवानी के मुताबिक यह सारा गोरखधंधा अधिकारियों की मिली भगत से चल रहा है , जिससे सरकार को करोड़ों रुपये के आय का नुकसान हो रहा है। केबल ऑपरेटरों द्वारा किए जा रहे इस करोड़ों के घोटाले का पर्दाफाश करने के लिए थारवानी अदालत जाने की तैयारी कर रहे है। इसकी भनक लगते ही उल्हासनगर के तहसीलदार अमित सानप भी केबल कनेक्शन की संख्या खंगालने में जुट गए हैं। सानप उल्हासनगर में केबल कनेक्शन की गिनती कराकर अवैध कनेक्शनों की पड़ताल भी कराएंगे। तहसीलदार द्वारा कार्रवाई की खबर से केबल माफियाओं में डर का माहौल है।
साभार
अरविंद त्रिपाठी॥ नवभारत टाइम्स | Nov 7 & 5, 2012, 08.30AM IST
http://navbharattimes.indiatimes.com/millions-in-ulhasnagar-cable-scam/articleshow/17118699.cms
http://navbharattimes.indiatimes.com/articleshow/17482400.cms

Spectrum Scam: CBI charges telcos, ex-telecom secy in ’02

CBI Says Favours To Voda, Airtel Led To 846Cr Loss
New Delhi: Nearly two years after the CBI began probing spectrum allocation during the NDA regime, the agency on Friday filed a chargesheet in a case of corruption against telecom firms Airtel and Vodafone and ex-telecom secretary Shyamal Ghosh. The chargesheet claimed the allocation of airwaves during late BJP leader Pramod Mahajan’s term as communications minister had caused a loss of Rs 846 crore.

The CBI estimate is 66% higher than the Rs 508-crore loss mentioned in the FIR and the agency’s report to the JPC on telecom issues, including the 2G scam. The CBI said Ghosh, with Mahajan and the telecom firms, had abused his position to show undue favours to the companies, causing a loss of Rs 846.44 crore.

CBI’S CLAIMS
Then telecom secy Shyamal Ghosh, in conspiracy with Pramod Mahajan and telecom firms, gave undue favours to Airtel & Vodafone, causing a loss of 846cr

Ghosh ‘deliberately’ did not obtain comments of then member (finance) of DoT despite huge financial implications

SPECTRUMPED 
CBI chargesheet gives clean chit to telco promoters
New Delhi: The CBI, in its chargesheet on spectrum allocation, has said former NDA minister Pramod Mahajan, former telecom secretary Shyamal Ghosh and telecom firms had colluded to cause a loss of Rs 846 crore to the exchequer. It said that there was an undue gain to telecom companies, including incidental benefit to other telecom firms, by charging an additional 1% of AGR (adjusted gross revenues) instead of charging the required additional 2% AGR for allocation of additional spectrum from 6.2 Mhz to 10 Mhz.

The chargesheet, accessed by TOI, added that former telecom secretary “Shyamal Ghosh ‘deliberately’ and with ‘mala fide intention’ did not obtain the comments of then member (finance) of DoT despite the issue involving huge financial implications. The wireless advisor, who was the custodian of the entire spectrum, was also intentionally bypassed on flimsy grounds that he was retiring on that very day i.e. on January 31, 2002”.

In defence, Ghosh reportedly told the JPC that the issue of allocating spectrum was pending since 2000 and he could not, contrary to what CBI the has said, be accused of delaying the decision.

On the charge that the decision was rushed through in a single day, Ghosh reportedly said it was based on information developed over more than a year. Telecom regulator Trai had said that it would consider additional licences only if problems of existing operators were addressed.

Ghosh also argued that the extension of revenue sharing set at 2% for additional 5Mhz would be 4% for additional 10Mhz. The CBI named three telecom firms—Bharti Cellular Ltd, Hutchison Max Pvt Ltd (now Vodafone India Ltd) and Sterling Cellular Ltd (now Vodafone Mobile Service Ltd) —as accused.

Ghosh and the firms have been accused of criminal conspiracy and violating provisions of the Prevention of Corruption Act. Although the agency named the firms in the chargesheet, it said it could not find anything against their promoters. The agency accused Mahajan of conspiring with Ghosh to benefit the private players, but said no action was proposed as he is dead. Jagdish Rai Gupta, who was then deputy director general in-charge of value added services, has been made an approver in the case.
Courtesy:
Neeraj Chauhan & Abhinav Garg TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/12/22&PageLabel=3&EntityId=Ar00303&ViewMode=HTML

CWG Scam : Kalmadi to be tried in graft case from Jan 10

New Delhi: Former CWG organizing committee chief Suresh Kalmadi will face trial before a Delhi court for allegedly abusing his office and causing a loss of over Rs 90 crore to the exchequer in a Games-related graft case. On Friday, the court ordered framing of cheating and conspiracy charges against him.

Special CBI judge Talwant Singh fixed January 10 for formal framing of charges against Kalmadi and 10 others. Besides the politician, former OC secretary-general Lalit Bhanot and nine others have been charged with offences of forgery under the Indian Penal Code and criminal misconduct by public servants under the Prevention of Corruption Act.

The case relates to illegally awarding a contract to Swiss Timing Omega, causing a huge loss to the exchequer.

‘Kalmadi chose Swiss Timing even before the bid’
New Delhi: A Delhi court hearing the CWG scam case on Friday said “prima facie” charges of cheating, forgery, criminal conspiracy and for offences under the provisions of the Prevention of Corruption Act are made out against eight accused persons, including Suresh Kalmadi, and three companies. “Charges under section 120B (criminal conspiracy), 201 (destruction of evidence), 420 (cheating), 467, 468, 471 (relating to forgery), 506 (criminal intimidation) of the IPC and section 13(1)(d) read with section 13(2) (criminal misconduct by public servants) of the PC Act are ordered to be framed against all the accused,” the court said.

Kalmadi and the others have been chargesheeted by the CBI for “illegally” awarding a contract to install Timing, Scoring and Results (TSR) system for the 2010 CWG to Swiss Timing at inflated rates. Among the accused are OC director general V K Verma, director general (procurement) Surjit Lal, joint director general (sports) A S V Prasad and treasurer M Jeychandran.

Promoters of two construction companies—P D Arya and A K Madan of Faridabad-based Gem International and A K Reddy of Hyderabad-based AKR Constructions—are also accused in the case along with Swiss Timing Omega.

The CBI had alleged that Kalmadi and the others rejected Spanish firm MSL’s much lower bid of Rs 62 crore and awarded the contract to Swiss Timing Omega, causing a Rs 90 crore loss. During the arguments on charges, the CBI had contended that Kalmadi and the others had decided to award the contract to Swiss Timing even before the firm bid for it. It added that for TSR installation, two bids had been received—one from Swiss Timing and the other from MSL Spain—and the same were opened on November 4, 2009, but Kalmadi and Verma had announced in a meeting on October 12, 2009, itself that the contract would be given to Swiss Timing.
Courtesy:
TIMES NEWS NETWORK
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/12/22&PageLabel=3&EntityId=Ar00305&ViewMode=HTML

2G Scam : Chargesheet rattles bureaucrats

Need Protection To Work Without Fear Of Reprisal From Politicians, They Say
New Delhi:The CBI chargesheet against former telecom secretary Shyamal Ghosh has shaken the civil service fraternity, which has generally felt protected by the “system”. Theoretically, this safety net is necessary for bureaucrats to function without fear of reprisal from politicians, particularly if they are resisting unfair pressure from leaders.

The chargesheet against Ghosh drew mixed reactions from serving babus. While most of them refused to go on record, a section among them believes that there should be adequate protection for bureaucrats as they have to carry on with the ‘orders’ of their political masters whereas the other section thinks that officers of All India Services — specifically from IAS — have enough powers to express ‘dissent’ in official notes.

“This will demoralize senior officers,” observed Naresh Chandra, former Cabinet secretary. He said that the problem has been sharpened because of the definition of “misconduct” in the Prevention of Corruption Act, where the civil servant could be charged even in the absence of any wrongful intent. “This makes the law draconian for the bureaucrat,” he said.

On the other hand, a senior official said that a minister cannot proceed unless bureaucrats support him — sometimes by becoming complicit in corruption, or by ignoring the political master’s decision/ views as it may unnecessarily unsettle him in his or her current posting. Another official said that since there was sometimes a very thin line between a ‘deliberate’ mistake or an ‘inadvertent’ error while taking decisions, the investigating agency should take care of this while charging any officer.

“Even protection under the provision to grant or reject prosecution sanction doesn’ always save bureaucrats if something comes up after a change of regime. Their dis sent notes are the only protec tion in that case if the matter eventually comes in court,” the officer said.

Vishwa Ranjan, former DGP of Chhattisgarh, said, “If it’s a blatantly illegal order, a bureaucrat has no business to quietly sign it. He should have pointed out its illegality by making notings on the rele vant file. He could have eventu ally been overruled or ran the risk of being shunted out. But still, he would have been saved from prosecution for being party to an illegal decision.”

There is general agree ment that the chargesheet against Ghosh has strong polit ical intent behind it, which opens up another can of worms. As a result of in creased activism by CVC and CAG, many upright bureau crats now fear decisions, so that they don’t get tarnished later. The flip side of this is that a bureaucrat’s position is not really safe, because his/her po sition depends on the politic ian, who can order his transfer and settle postings.
Courtesy:
TIMES NEWS NETWORK
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Road Scam Of BMC: CRATER MUMBAI

Civic body rides roughshod over rules with cost escalations in road works
‘BMC Often Ignored Technical Guidelines, Didn’t Recover Security Deposits From Contractors’
The Brihanmumbai Municipal Corporation has come under stinging criticism from the Comptroller and Auditor General for undertaking slipshod development and repairs of Mumbai’s roads. The auditor’s latest report highlights several infractions, including variations in tender costs, disregard of technical guidelines, nonrecovery of security deposits from contractors, direct losses of over Rs 25 crore besides indirect losses of many crores.

Tabled in the winter session of the assembly, the report on local bodies covers audit of records from 2007-08 to 2010-11. In the report, the CAG rips apart the BMC and its roads department, which has faced intense public scrutiny for permitting poor road repair and maintenance works. Every year, a cartel of contractors grab tenders, provide poor work, quote low costs and thereby ensure that big firms stay away from the process.

The CAG report underscores the rot in the system. Hinting at losses to the municipal exchequer, it notes that the roads department made ‘idle’ investment in pothole filling machines and did not put in place a Road Management and Maintenance System as per the recommendation of the Standard Technical Advisory Committee (STAC). It also says the department did not recover additional security deposit of Rs 21 crore from a civil works contractor and lost out on Rs 1.38 crore in interest on the amount. In another case, the report adds, a loss of Rs 1.5 crore was incurred on account of non-recovery of “rebate” from a contractor.

The severest stricture in the report is on award of contracts without invitation of tenders, which later enables major variations in costs. Between December 2009 and October 2011, the CAG reveals, 147 works of concreting (CC) and asphalting were awarded to the same contractors without calling tenders. Of these, 59 works recorded cost variations of Rs 750 crore. The cost of CC works surpassed the original estimate by 62% and of asphalting works by 57%.

The BMC justified the variations by passing the buck to elected representatives. MPs and MLAs, the BMC argued, insisted on completing work on priority basis. This resulted in hasty preparation of estimates; besides, the election code of conduct meant no tenders were floated for a while.

Dismissing the BMC’s explanation, the CAG says: “The department should have planned for inclusion of all work after reviewing the demand of corporators, MLAs and MPs. Before inviting tenders, it should have ensured there was no variation. This move was in violation of the MMC Act and deprived BMC benefits of competitive rates.”

According to the CAG, many of the STAC’s 90 recommendations are not followed by the BMC, including on quality control provisions in tender specifications and a system to maintain records. Also, in violation of the MMC Act, many “works of sizeable value were awarded by variations as additional works without inviting tenders”.

The objective of the report was to study if repairs were properly planned, if the tendering process was up to the mark, if work was undertaken ‘effectively and economically’ and if syst e m s o f monitoring and evaluation were put in place.

MARKED BY A SHODDY JOB
The latest CAG report indicts the BMC on several counts:
In June 2008, an order was placed with Speco Infrastructure for three pothole-repairing machines costing 2.34 crore. The machines could not be used on minor roads less than 9-meter wide. Out of the 7.14 lakh sq m of filling executed during the monsoons of 2010 and 2011, only 141.75 sq m was done with the machines

For the development of the Road Management and Maintenance System, the BMC released 1.76 crore as payment to consultants. But the consultants’ report was not up to the mark and incomplete. No action, however, could be taken against them, resulting in blockage of funds

In a civic works tender, additional security deposit of 21 crore was not recovered. Due to this, the BMC lost out on interest of 1.4 crore

The work of concreting side strips was awarded to M/s Rupesh and M/s Supreme at a tender cost of 12.68 crore, with a rebate of 12.8%. The tender was however invited before the finalization of the design of the widening of the Mulund-Goregaon Link Road, depriving the corporation rebate of 1.4 crore

Cost variations were allowed in 30 of the 46 concreting works and 29 of the 42 asphalting works. Because of this, additional contract costs of 470 crore and 234 crore were incurred

OTHER STRICTURES
The municipal estate department incurred a loss of about 46 crore for failing to recover capitalised value and interests on a redevelopment scheme. In 1996, the standing committee approved redevelopment of civic BIT cottage at Matunga. M/s Vaishnavi Builders was required to pay BMC levy computed on surplus area of 46,533 sq ft. In all, 46 crore was to be recovered. While the developer paid some of the amount over the years, interest at 15% was not levied. And yet, a commencement certificate was issued

In 2007, the BMC standing committee cleared a scheme to supply flavoured milk to schoolchildren. While the scheme was suspended in December, the contractor was informed later. As a result, 30 lakh packs were supplied and later expired. Since schools were closed for holidays, the packs were given away or dumped. This resulted in wasteful expenditure of 2.8 crore

Many major projects awarded in excess of approved costs or with variations. Middle Vaitarna Water Supply Project was awarded at an increased cost of 678 crore or nearly 51% variation from the original 1,329 crore. The Mumbai Sewage Disposal Project (stage two) recorded a variation of 73 crore — 20%
over the original 365 crore.
Courtesy:
Sharad Vyas | TNN
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Spectrum Scam: Pramod Mahajan, Ghosh tailored norms to suit Airtel, Vodafone: CBI chargesheet

NEW DELHI: The chargesheet filed by CBI on Friday has alleged that there was a conspiracy between the late Pramod Mahajan and Shyamal Ghosh, under which a new post was created by the then minister for the bureaucrat, bending all rules, which was approved by the then prime minister the very same day.

It also gives details on requirement of eligible subscribers' base of telecom companies, which was allegedly tailored to benefit private players. In fact, Airtel had reached its subscribers base of four lakh customers for actual allocation on January 31, 2002, the day the decision was taken by Mahajan.

According to the chargesheet, Mahajan created the post of administrator USOF (Universal Service Obligation Fund) on June 1, 2002, the day Ghosh was to retire. "Pramod Mahajan initiated a note on May 30, 2002, on his own for creating a post of administrator USOF for re-employment of Shyamal Ghosh from June 1, 2002 (the day of his retirement). Mahajan sent his letter to prime minister who approved it on same day. Then, it was approved by the Appointments Committee of Cabinet (ACC)," the chargesheet said.

This way, Ghosh was given a further three-year tenure from June 1, 2002 to May 31, 2005, according to the chargesheet.

"Investigation has, thus, revealed that in case of appointment of Shyamal Ghosh as administrator USOF, the proposal was accepted by then prime minister on strong recommendation of Pramod Mahajan. The post was created on May 30, 2002 with Shyamal Ghosh as USOF administrator as a result of efforts of Pramod Mahajan," the chargesheet said.

The ACC woke up to the situation only in 2004. "After much consideration and deliberation, ACC conveyed to department of telecom (DoT) through a letter on October 6, 2004 directing for fresh recruitment procedure for the same post," the chargesheet said.

"Subsequently, the post for appointment of administrator USOF was downgraded from the post of secretary to additional secretary under the central staffing scheme after the tenure of Shyamal Ghosh. Since then, additional secretary rank officers are being appointed as administrator USOF under the central staffing scheme. No retired officer can be appointed as administrator USOF," the CBI said.

About the tailoring the norms for private companies by Ghosh and Mahajan, the chargesheet said, "Investigation has revealed that while the technical committee of DoT had recommended to allot additional spectrum beyond 6.2 MHz+6.2 MHz only after the operator reached subscribers base of 9 lakh, the requirement for subscribers base was intentionally reduced by accused public servants to 4 lakh for applying for additional spectrum and 5 lakh for actual allocation of spectrum, in order to extend wrongful benefit to Bharti, Hutchison and Sterling as Bharti had reached the subscribers base of 4 lakh on December 31, 2001 and of 5 lakh on January 31, 2002 i.e on the day said decision was taken and the aforesaid two companies had also already crossed the subscribers base of 4 lakh."
Courtesy:
Neeraj Chauhan, TNN Dec 22, 2012, 03.29AM IST
http://articles.timesofindia.indiatimes.com/2012-12-22/india/35968992_1_subscribers-base-chargesheet-shyamal-ghosh

Irrigation Scam : Ajit Pawar ‘pushed for SIT probe’, got his way

Pawar Sr Wanted Judicial Probe, CM A Shorter Deadline
Water resources minister Sunil Tatkare on Monday said the special investigation team (SIT) that will probe the alleged irrigation scam “will certainly go beyond what the white paper (on state irrigation projects) established. But how much and how far is something yet to be decided”.

The announcement of the probe in the legislative assembly followed hectic backchannel negotiations between chief minister Prithviraj Chavan and Nationalist Congress Party (NCP) chief Sharad Pawar. Sources said the two were in constant touch since Friday night, trying to shape an agreeable solution for the opposition as well as Pawar’s nephew and deputy chief minister Ajit Pawar, who has been at the centre of the irrigation scam row.

Sharad Pawar, sources said, wanted a judicial probe, while Ajit Pawar insisted on an SIT headed by a former civil servant. A judicial probe would have “meant an open invitation for anyone to file an affidavit with a complaint or allegation. Moreover, it would have dragged on at its own pace,” explained a senior NCP functionary. So, for Ajit Pawar, an SIT was considered preferable.

Meanwhile, Chavan sought a three month deadline for the probe, but Ajit Pawar was adamant on a six-month time limit. “Ajit felt that by appointing an SIT and a head of his choice, it would be easier to stay away from the judiciary,” said a senior minister.

The parleys between the parties crested on Monday, with a long closeddoor meeting attended by Chavan, Ajit Pawar and Tatkare. The coalition partners agreed that an announcement must be made before the courts take notice of the issue. Public interest litigations in the matter are likely to come up before the judiciary soon. “The government was of the opinion that someone must break the ice and end the deadlock in the assembly. What has happened over the last week (disorder in the two Houses of the legislature) has hurt our image,” said a top Congress minister.

Though at this point an SIT seems like an eyewash, given that it is unlikely to receive any powers to take punitive or other action, the opposition is hoping the judiciary will take note of the investigation. “If the judiciary decides to monitor the SIT at the behest of the petitioners, it could still spell trouble for Ajit Pawar and Sunil Tatkare,” said a BJP leader.

While welcoming the government decision to set up an SIT, several opposition leaders demanded that either Ajit Pawar resign from the deputy CM’s post or be denied other portfolios. “For the sake of a fair probe, I request the chief minister to not give any portfolios to Ajit Pawar until it is over,” said leader of the opposition Eknath Khadse.
Courtesy:
Sharad Vyas | TNN
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SITUATION NOW ON IRRIGATION SCAM
IN EXPERT HANDS
Madhavrao Chitale, the SIT chief, has served as secretary, Union ministry of water resources, and chairman of the Central Water Commission, besides heading other panels on irrigation. He’s considered an expert on the subject. “Every year the irrigation department publishes a status report. I feel it’s obvious for the state to provide water from irrigation schemes to industries and urban areas,” he said. Sharad Pawar had defended Ajit Pawar on similar lines. Even before the panel has been finalized, activist Medha Patkar’s group criticized Chitale’s appointment. “It would have been appropriate to have a retired judge as SIT head,” said Patkar’s aide Suniti Su Ra.

POWER POINTS GOVT-ORDERED SIT VS COURT-APPOINTED SIT
Both discharge similar functions, but the first will file a report to the govt and the second to the judiciary

A court-appointed SIT has a high degree of credibility as its investigations are monitored by the court and it is unlikely to come under any pressure. In the past, court-appointed SITs have been able to book high-ranking state officials and police officers

One of the best examples is the Bombay HC-appointed SIT headed by retired director-general of police SS Puri that probed the multi-crore Telgi fake stamp paper scam in 2003. It went on to arrest top IPS officers and politicians

The govt, in case the report is not to its taste, can put it away in cold storage or even reject it

Much of an SIT’s efficacy depends on its terms and references, yet to be announced for the irrigation probe. Also crucial is whether the investigation team will comprise a police officer, who can register a criminal complaint and arrest the accused

In the irrigation scam, the govt has appointed a retired bureaucrat, Chitale, to head the SIT. He has no criminal investigation background and it is feared he may not be able to probe the conspiracy

STATUS OF EARLIER INVESTIGATIONS
Vadnere Committee - One-man panel probed hike in tender cost of Gosikhurd and other Vidarbha Irrigation Devpt Corp (VIDC) projects.
Action Taken: Departmental inquiries against 45 VIDC engineers and officers. D P Shirke, who was executive director of VIDC, sent on leave.

Mendhegiri Committee - Panel probing cracks in Gosikhurd canal built by BJP MLC’s firm says shoddy work.
Action Taken: Over a year later, rebuilding has begun.

Kulkarni Committee - Panel found 11 barrages under Godavari Marathwada Irrigation Devpt Corp being built beyond storage capacity, would cause Rs 2,452-cr loss.

Action Taken: Report with government, no action yet.

Upase Committee - Panel found faulty design at VIDC’s Lower Penganga project. Though aquaductcum-barrage was not required, it was sanctioned and work order issued
Action Taken: Tenders cancelled

CAG on water resources dept
Improper planning and change in design resulted in cost escalation of Rs 7,126.52 crore in 49 projects between 1997 and 1999
Action Taken: State PAC discussed it, no action taken

CAG on VIDC
Unsatisfactory project management
Action Taken: Discussed by PAC, no action taken
White Paper on Irrigation
Stated status of projects and blamed cost escalation on delay in land acquisition
Action Taken: Tabled in legislature. Opposition slammed it. Attempted whitewash led to SIT.

Courtesy:
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MINISTERS UNDER COURT SCANNER

In the irrigation scam, the government has ordered an SIT probe by a retired bureaucrat, a move that many are describing as an eyewash because it is unlikely to receive any powers to take punitive action. A far more damaging scrutiny is likely of allegations against some minister against whom cases are pending with courts across the state. TOI takes a look.

VIJAYKUMAR GAVIT - MEDICAL EDUCATION MINISTER (MINISTER OF INFORMATION AND PUBLIC RELATIONS THEN)

ALLEGATION | 2002 scam in pension scheme for widows, destitutes and farm labourers.

COURT STATUS | Aurangabad bench of Bombay high court has issued a notice asking why the state is yet to respond to an anti-corruption bureau request for sanction to prosecute Gavit


SUNIL TATKARE - WATER RESOURCES MINISTER

ALLEGATIONS | BJP leader Kirit Somaiya claims Tatkare and his family members have amassed disproportionate assets totalling several crores. A multi-crore scam in the irrigation department

COURT STATUS | Somaiya has moved PIL in Bombay HC. PILs filed before the Nagpur and Aurangabad benches of the HC on irrigation

TATKARE SAYS | PILs are politically motivated


CHHAGAN BHUJBAL - PWD MINISTER

ALLEGATIONS | PIL claims Bhujbal’s trust MET, which runs the Bhujbal Knowledge City in Nashik, defrauded students and government into paying excess fees to the tune of Rs 8 crore in two years since 2010. BJP leader Kirit Somaiya alleges Bhujbal allegedly received kickbacks for favours granted by his ministry, particularly for Maharashtra Sadan in Delhi


COURT STATUS |PILs pending


Courtesy:
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Irrigation Scam : Vest investigators with effective powers

Mumbai: The special investigation team appointed to probe the irrigation scam will be ineffective if it is not invested with sweeping powers to question ministers, bureaucrats and contractors allegedly involved in the multi-crore swindle.

By most accounts, almost half the Rs 70,000 crore spent on irrigation projects over the past decade may have been siphoned off or wasted on dud projects.

TOI presents its wish list on how the SIT should work and what it should go after:

• Investigate irregularities and criminal conspiracy, including roles of ministers, officers and contractors
• Estimates for every tender above Rs 1 crore must be thoroughly probed. Compare rates given for major tenders (Rs 50 crore) with smaller tenders (Rs 10 crore) for discrepancies
• Investigate if costs of estimates were updated or increased as per department schedule rates (price levels) and laid-down rules
• Analyse estimates for works awarded without calling tenders and their legality
• Probe transportation lead rates paid by irrigation corporations for various projects
• Investigate projects where, in violation of well-established principles and various circulars, market rates were used to update costs of tenders. Also examine steps taken to recover extra sum paid to contractors
• Verify if contractors for every tender above Rs 1 crore satisfied enough criteria. 
• Check if due process was followed in awarding contracts
• Find irrigation potential planned, declared and achieved year-wise and project-wise
• Ascertain actual irrigation planned, declared and created year-wise and project-wise
• Conduct physical audit of actual land irrigated and irrigation potential created
• Compare rates of various irrigation corporations in the last ten years and focus on the variance. Particularly rates of pipes for lift irrigation schemes, hearting, casing, concrete and tunnel excavation
• Investigate in every corporation details of advances paid to various contractors along with rate of interest charged and interest waived
• Inquire into details of claims and idle charges paid to contractors and the reasons
• Probe details of total tenders called annually by various irrigation corporations and compare them to budgetary provisions and funds provision
• Examine diversion of funds from one region to another, one district to another, one project to another, names of authorising authorities, and whether sanctions were sought from the state governor
• Seek details of where project costs increased due to disregard of mandatory designs, particularly lift irrigation schemes in Vidarbha
• Probe works that should have been executed by mechanical/electrical body of the state but, instead, tenders were awarded by civil organisations
• Calculate average rate at which tenders were quoted
• Find details of number of tenders allotted in past decade and their status. Investigate if tenders convened under e-tender system were foolproof
• Examine Vadnere committee report, Mendhegiri report, M K Kulkarni report, Kolawale report and departmental enquiries; suggest criminal action
• Suggest steps to recover financial loss incurred to the state due to irregularities
• Examine contractors who were awarded tenders of over Rs 50 crore in a single project
• Check bank accounts of contractors for money laundering.

CM rejects printing error argument
Nagpur: CM Prithviraj Chavan on Monday dismissed R R Patil’s claim that a printing error was behind the assertion in the state economic survey 2010-11 that the irrigation potential has increased by only 0.1%. TNN
Courtesy:
Nauzer K Bharucha | TNN

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HOUSING SCAM MAHARASHTRA : Court rejects Suresh Jain’s bail application

Aurangabad: Justice M T Joshi of the Aurangabad bench of the Bombay high court on Monday rejected the bail application of former state housing minister Suresh Jain while directing the special judge, Jalgaon, to frame charges against him and others as expeditiously as possible.

Jain, who was arrested for his involvement in the Rs 169-crore Jalgaon housing scam, is being treated at St George Hospital in Mumbai, where he was admitted on November 3, said special public prosecutor Pravin Chavan. On October 18, the Supreme Court had rejected Jain’s bail plea while asking the special court in Jalgaon to frame charges against him and the other accused.

Jain had approached the special judge in Jalgaon on October 3, seeking direction to the authorities to release him on bail under Section 167 (2) of the Criminal Procedure Code (CrPC) as there was no sanction for his prosecution under Section 197 of CrPC and Section 19 (3) of Prevention of Corruption Act (1988) and that the chargesheet submitted by the investigation officer was not a chargesheet in the eye of the law. “Hence, he claimed, his detention was illegal and unauthorized and he be released on bail,’’ said Chavan. The trial court had rejected his bail application on October 6.

Jain approached the Aurangabad bench of the HC on October 9. Opposing the bail plea, Chavan said there “was no official duty entrusted to Suresh Jain and that he has ceased to be a minister’’. He said a housing scheme for the low income group was introduced by the Centre and implemented through Hudco and it was accepted by the Jalgaon Municipal Council (which later became municipal corporation). “There is no connection of the scheme with the office of the state’s housing ministry.’’

Chavan said the main chargesheet was submitted on April 25, 2012, while a supplementary chargesheet was filed on June 1.
COURTESY:
Syed Rizwanullah TNN
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Irrigation Scam : 3 Member SIT To Investigate Case

Nagpur: Bowing to pressure from the opposition, the state government on Monday announced a probe by a special investigation team (SIT) into the alleged irrigation scam.

Water resources minister Sunil Tatkare informed the Lower House of the legislature that the SIT would be headed by irrigation expert and former bureaucrat Dr Madhavrao Chitale. The team’s terms of reference and work duration, he said, would be finalized before December 31.

Government sources said the panel would have two more members apart from Chitale and would get six months to complete the probe. The two other SIT members will also be former civil servants, with one from a financial background.
Courtesy:
Sharad Vyas TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/12/18&PageLabel=1&EntityId=Ar00106&ViewMode=HTML

HSBC SCAM : PC: I-T probing HSBC’s list of foreign accounts

New Delhi: Finance minister P Chidambaram on Monday said the income tax department was probing the HSBC list of accounts held by Indians abroad, while securing the passage of the Prevention of Money Laundering Bill in Rajya Sabha.

“HSBC list of accounts is being investigated by the income tax and other departments,” Chidambaram said in his reply to the discussion on the money laundering bill.

The case of money laundering, he explained, would arise only if there was a predicate offence and the proceeds of that were used for money laundering purposes.

The Prevention of Money Laundering (Amendment) Bill was passed by voice vote. It seeks to widen the definition of money laundering to include concealment, acquisition, possession and use of proceeds of crime as criminal activities. The bill was earlier passed by the Lok Sabha. It provides for removal of the Rs 5 lakh limit for fine laid down in the existing Act.

Chidambaram’s statement that the I-T department was probing the list of nearly 700 foreign accounts held by Indian individuals/entities came a month after Aam Aadmi Party national convener Arvind Kejriwal accused the government of not acting adequately on a list of HSBC accounts, including those held by top industrialists, shared by the French government in June 2011.

The charges were, however, denied by the industrialists, including Mukesh Ambani who was named by Kejriwal as one of the account holders. A persistent Kejriwal, however, released the HSBC account numbers of Mukesh and Anil Ambani in Mumbai last week.

Meanwhile, ahead of the bill’s passage by the Rajya Sabha on Monday, Chidambaram emphasized that the PMLA had been amended twice earlier in 2005 and 2009, and must now be amended again in line with the international law, India being a member of the Financial Action Task Force on money laundering. Chidambaram said the bill seeks to enlarge definition of definition of predicate offences of money laundering and include activities that are defined as crime under various other laws.

The minister said the amendment would introduce the concept of 'corresponding law' to link the provisions of Indian law with the laws of foreign countries.

It proposes to make provision for attachment and confiscation of the proceeds of crime even if there is no conviction so long as it is proved that offence of money laundering has taken place and property in question is involved in money-laundering. It also provides for appeal against the orders of the Appellate Tribunal directly to the Supreme Court.

Earlier, initiating the debate on the bill, BJP’s Prakash Javadekar expressed contentment at the government’s acceptance of 18 recommendations of the parliamentary standing committee.
Courtesy:
TIMES NEWS NETWORK
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City Limouzines Scam : Limouzines boss puts scam cash in Bollywood

The chief of City Limouzines, S M Masood, who was arrested recently by the Economic Offences Wing (EOW) of Mumbai police for duping thousands of people, had diverted sizeable chunks of the scam money into Bollywood films as investments.

Masood has told EOW interrogators that he put up to Rs 1 crore in various films depending on the production house. They said some of the films he put in his investors' money in were Shah Rukh Khan-starrer Chak De! India and Sholay remake Ram Gopal Verma Ki Aag.

Investigators say the money was invested in different ways - as a partner of the production house for promotion of the films or as a sponsor of certain parts of the film's infrastructure. "Sometimes, he only sponsored the posters," said an EOW officer. The EOW will now verify the details of the investments from the producers of the films.

An officer said, "He has taken the name of films in which he invested between Rs 10 lakh and Rs 1 crore.

"He says he did this to build goodwill for the company. He says his company's name is mentioned in certain promotional materials. We're investigating and will call the producers of the films for questioning. Some are big production houses, and some are small B-grade films."

Sanjay Saxena, the Additional Commissioner of Police (EOW), declined to elaborate on Masood's investments in films, but said, "We are investigating the utilisation of investors' money by him in various sectors."

Yash Raj Films, which produced Chak De! India, confirmed City Limouzine's association with the film.

"YRF does not get investors for its movies from outside. However, after the film's release, there was an advertising fee that was charged at the time of release of the VCD of the movie towards the insertion of their (City Limouzines's) ad as sponsors of the women's hockey team.

The amount given was approximately Rs 35 lakh." City Limouzines was the official sponsor of the India's women's hockey team from 2006 to 2009.

When contacted, a spokesperson from Reliance Big Picture, which produced Ram Gopal Verma Ki Aag, said no money had been taken from City Limouzines in the production of the film.

Masood owes Postal Department Rs 20 lakh
These films are only a part of the investigation into the company's transactions. It has been found that Masood, apart from duping some advertising agencies and other firms that provided services to his company, also held back Rs 20 lakh of money owed to the Indian Postal Department.

City Limouzines had an agreement with the postal department for bulk posting of cheques to investors. While interrogating Masood, EOW found that he had created immovable properties worth Rs 170 crore across Maharashtra and elsewhere. "Most of his properties - in the form of flats and office space - are in Mumbai and Pune. He has bought four or five flats and several offices in south Mumbai and western suburbs," said an officer.

Cigarette addiction did him in
Masood did not give all this information readily. It was his addiction to smoking that did him in. After EOW took him in custody, he was not allowed to smoke at all. Sources said he sailed through interrogations for the first couple of days, but his craving for cigarettes finally got the better of him.
Courtesy:
MUMBAI MIRROR Feb 21, 2010, 11.37am IST
http://articles.timesofindia.indiatimes.com/2010-02-21/news-interviews/28119452_1_yash-raj-films-eow-producers

City Limouzines Scam : City Group chief invested 25cr in slum projects

Mumbai: Chairman of tainted investment company City Group S M Masood has invested Rs 25 crore in three slum redevelopment projects, enforcement directorate (ED) officials said. The ED on Wednesday searched three premises belonging to the builder.

The projects are at a nascent stage and being undertaken in Kurla, officials said. “We believe Masood has parked money collected from investors with builders. We are also probing whether Masood was a partner in the project or just financed it,” the official said. The ED will also question the builder.

City Group collected over Rs 1,000 crore from the public and promised 48% returns. Masood was booked for money laundering and arrested last Friday.
Courtesy:
TIMES NEWS NETWORK
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AFFIDAVIT FILED IN IRRIGATION SCAM PIL : State govt denies neta nexus, blames dam delays on rehab

Mumbai: The Maharashtra government on Wednesday filed its reply in the Bombay HC on the irrigation scam.

It denied allegations of nexus between ministers and contractors in several projects and attributed delays and rising costs to opposition raised by project-affected persons (PAPs) over their rehabilitation. The state also informed the HC that it has appointed a SIT headed by water scientist Madhav Chitale.

The affidavit filed by Prahlad Sonawane, chief engineer (Konkan region) of the water resources department in response to a PIL by activist Pravin Wategaonkar dismissed as “baseless” the allegations that the state made huge payment of ‘idle charges’ by keeping PAPs’ compensation pending in some cases.

About Jamda project in Ratnagiri, the state said the land was initially acquired for a dam and a compensation amount of Rs 112 lakh was paid in June 2010 to the affected villagers and the land required for “submergence” will be acquired at a later stage and only then would the villagers be displaced and paid. The total land required for the ‘dam seat’ and ‘submergence’ is 479 hectares of which only 44 hectares is meant for the seat and is in possession of the Konkan Irrigation Development Corporation. Giving a status update on the project, the state said the excavation work is 90% complete and the acquisition process for the remaining land is on despite impediments and stoppage thrice by PAPs between 2005 and 2009 and though the contractor demanded idle payment charge of Rs 26 crore, it has not been sanctioned yet.

But in the Nardave medium project, the state blamed the land acquisition delays caused by PAPs for the “idle charges becoming operational”. The state opposed any relief as sought in the PIL was based on CAG reports of 2010-11 in case of the project in Vidharbha and admitted that “some working procedures can be corrected over a period of time”. The state has for almost every project blamed the ‘protesting’ villagers for delays and cost escalations. The Shirshinge project was stopped from June 2001 till mid-2006 because PAPs objected to the land acquisition process and sought better compensation for their land. As a result of the protests,

“The government did not delay idle-charge payments running into crores to contractors, even as PAPs fought for ‘reasonable compensation’ for their land and has yet to pay Rs 19.5 crore, as sought in 2009, to the Sawantwadi deputy forest conservator for nearly 79 hectares of forest land that falls in the Shirshinge minor project area,” the state said. The HC will be hearing Wategaonkar’s PIL on Thursday.
Courtesy:
Swati Deshpande TNN
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I-T dept alleges tax evasion by Vodafone

New Delhi: The Income Tax Department has told the Supreme Court that telecom major Vodafone suppressed real transactions in transfer of its assets to evade taxes over Rs 4,000 crore.

The allegation was reiterated in additional documents filed in an appeal against the Gujarat High Court’s verdict that ratified the plan of Vodafone Essar and its six other associate companies to transfer their passive infrastructure assets, including mobile towers and equipment worth Rs 20,000 crore, to group firm Vodafone Essar Infrastructure. It claimed that the scheme was intended to avoid capital gains tax worth Rs 3,500 crore and stamp duty worth Rs 600 crore and the transfer of these assets would have attracted Central Sales Tax or VAT and other provisions of the I-Tax Act, 1961.

According to the fresh affidavit, Vodafone, Bharti and Idea formed a JV (Indus Towers) for pooling in their existing passive assets. Instead of directly transferring these assets to Indus, a conduit in form of a colourable device was developed to evade taxes whereby the assets were first transferred into transferee companies and then these companies were amalgamated into Indus Towers.

“The respondent company suppressed that the transferor company had in December 19, 2008 entered into an Indefeasible Right to Use Agreement with Indus whereby the exclusive right to use the passive asset had already been granted to Indus with effect from January1, 2009 (date prior to the effective date of scheme),” the affidavit said.

The I-T department further said that the HC failed to appreciate that at the time when the board of directors of the transferor company approved the scheme, the firm lacked the corporate power to make gifts. FE

‘Need Mumbai, Delhi, Kolkata licence extension’
MUMBAI: Vodafone India on Thursday said it has sought extension of its licence period for Delhi, Mumbai and Kolkata circles, which are coming up for renewal in November 2014.

The telecom operator has sought the extension under clause 4.1 of the licence agreement under which the government can extend the period of licence by 10 years at one time if the request is made the operator during the 19th year of the licence period.

The government is working on conducting auction of spectrum in 900 MHz band for Delhi, Mumbai and Kolkata circles during this financial year. PTI
Courtesy:
Indu Bhan: New Delhi, Dec 21 2012, 02:25 IST
http://www.financialexpress.com/news/it-dept-alleges-tax-evasion-by-vodafone/1048319/0

Bank Loans Scam: As bad loans rise, rival banks share info on clients

With bad loans turning an increasingly heavy millstone, it’s time for enemies to turn frenemies on Banking Avenue.

The Reserve bank of India (RBI) has ordered banks to mandatorily share information on borrowers and public sector players have kicked off the process in right earnerst.

Union Bank of India, United Bank and Indian Overseas Bank said they have already started sharing details given by borrowers on their present and future cash flows with their co-lenders.

Under this system, two or more banks lend to a common borrower to finance business initiatives or big projects that involve huge amount of money.

“Banks have already started sharing information shared by the borrowers in case of multiple lending that involve significantly huge amount. RBI has given us some time to strengthen it further. By early next year, we expect a clear road map on it,” said a senior official from a public sector bank, who did not wish to be named.

According to market sources almost all banks have started sharing details on common accounts. Officials at the general manager level meet frequently for handing over the information on common accounts and borrowers.

“The credit problems of the common borrowers are discussed openly these days among the co-lenders which never used to happen earlier, which is a good banking culture. We are awaiting further clarity from RBI on effective implementation of it,” added the aforesaid official.

The main trigger for the move is rising non-performing assets (NPAs) or bad loans, and a number of cases being referred to the corporate debt restructuring cell.

As per RBI’s data, gross NPAs for public sector banks increased to 3.3% as on March 2012 from 2.4% a year ago. Also, the net NPA rose to 1.28%.

Banks have been sharing retail as well as non-retail credit information with credit bureaus siuch as Cibil, Experian and so on.

The RBI mandates banks to share the credit information with the respective credit bureaus. But none of the credit bureaus reveal the lender and they only share information on the loan amount and the number of lenders for the particular projects.

The central bank is in the process of talks with credit bureaus too to ensure smooth and effective information sharing. RBI is mulling to enhance the role of these bureaus from a provider of transactional data.

“The real challenge of the information sharing lies in the quality of data that has been shared by the banks. Hence timely reporting or update would be more effective and the effective sharing would definitely help the banks to control stress on bad loans,” said Satish Mehta, founder & CEO, credexpert.co.in.
Courtesy:
Aswathy Varughese l Mumbai
aswathy.rachel@dnaindia.net
Published Date:  Dec 21, 2012
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सहारा ग्रुप को बड़ा झटका - सैट ने खारिज की समय सीमा बढ़ाने की याचिका

मुंबई।। सिक्योरिटीज अपीलिय ट्राइब्यूनल (सैट) ने सिक्योरिटी कानून के उल्लंघन के मामले में सहारा ग्रुप को निवेशकों का 24,000 करोड़ रुपए लौटाने के सेबी के फैसले को सही माना है। पिछले वित्त वर्ष में देश के दूसरे सबसे बड़े बैंक आईसीआईसीआई की कुल डिपॉजिट ग्रोथ इतनी रही थी।

आदेश में कहा गया है कि सहारा ग्रुप की 2 कंपनियां- सहारा इंडिया रियल एस्टेट और सहारा हाउसिंग इनवेस्टमेंट कॉर्प यह रकम करीब 3 करोड़ निवेशकों को छह हफ्ते में 15 फीसदी ब्याज सहित चुकाए। सहारा ग्रुप का कहना है कि वह इस मामले के खिलाफ सुप्रीम कोर्ट में अपील करेगा।

सैट के आदेश में कहा गया है, 'अगर 50 या इससे से ज्यादा लोगों को शेयर या डिबेंचर सब्सक्राइब करने का ऑफर दिया जाता है तो उसे पब्लिक इश्यू माना जाना चाहिए। ऐसे में उस पर पब्लिक इश्यू से जुड़े कानून लागू होने चाहिए।' आदेश में यह भी कहा गया है, 'पब्लिक इश्यू में जो जानकारियां सार्वजनिक की जानी चाहिए थी, कंपनी ने उसे निवेशकों/पब्लिक से छिपाया। यह बड़ी बात है और इस विवाद की जड़ से जुड़ी है।'

लखनऊ के सहारा ग्रुप ने जून में दिए गए सेबी के फैसले के खिलाफ सैट में अपील की थी। उस फैसले में सेबी ने सहारा इंडिया रियल एस्टेट (अब सहारा कमोडिटी सर्विसेज) और सहारा हाउसिंग इनवेस्टमेंट कॉर्प. को पब्लिक इश्यू दिशानिर्देशों का पालन नहीं करने के चलते सब्सक्राइबरों का पैसा लौटाने का निर्देश दिया था। इन कंपनियों ने निवेशकों को ऑप्शनली फुली कनवर्टिबल डिबेंचर (ओएफसीडी) बेचे थे। सहारा इंडिया रियल पर 2.21 करोड़ निवेशकों की 17,656 करोड़ रुपए की देनदारी बनती है। वहीं सहारा हाउसिंग पर 75 लाख निवेशकों की 6,373 करोड़ रुपए की देनदारी है। सहारा ग्रुप के हलफनामे से यह जानकारी मिली है।

सहारा ग्रुप के बयान में कहा गया है, 'यह चौंकाने वाली बात है कि ठीक इसी तरह के मामले में मुंबई की एक कंपनी सिटीकॉर्प फाइनैंस इंडिया लिमिटेड ने प्राइवेट प्लेसमेंट के तहत हजारों निवेशकों को डिबेंचर जारी किए थे। वह कंपनी शेयर बाजार में लिस्ट नहीं थी। सहारा के साथ भी ऐसा ही है। एक जिम्मेदार नियामक की ओर से ऐसा विरोधाभासी कदम सिर्फ हमारे सिस्टम में ही उठाया जा सकता है।'सेबी का कहना था कि सहारा ग्रुप की कंपनियों ने बगैर पर्याप्त डिस्क्लोजर के निवेशकों से बड़ी रकम जुटाई थी। इन कंपनियों ने पब्लिक इश्यू से जुड़े नियमों का पालन नहीं किया है। इसलिए जब तक कंपनी निवेशकों का पैसा नहीं लौटाती, उसके आगे फंड जुटाने पर पाबंदी लगाई जाती है।जुलाई में सुप्रीम कोर्ट ने इस मामले को सैट के पास भेज दिया था।

सैट को यह जांच करनी थी कि ऑप्शनली फुली कनवर्टिबल डिबेंचर, पब्लिक इश्यू होते हैं या नहीं, जिन्हें स्टॉक एक्सचेंज पर लिस्ट होना जरूरी होता है। और क्या ये सिक्योरिटीज कॉन्ट्रैक्ट्स रेगुलेशन ऐक्ट, 1956 के मुताबिक सिक्योरिटी हैं या नहीं? सुप्रीम कोर्ट ने सैट को यह भी देखने के लिए कहा था कि क्या सेबी को इन्हें रेगुलेट करने का अधिकार है?जस्टिस एन के सोढ़ी ने अपने फैसले में कहा, 'अगर कोई कंपनी ओएफसीडी जारी करती है और वह पब्लिक इश्यू है तो उसे लिस्ट कराया जाना चाहिए। सेबी को सेबी कानून के तहत सभी सिक्योरिटी और कंपनियों को रेगुलेट करने का अधिकार है, भले वे लिस्ट हों या नहीं।'

सहारा के वकील फली नरीमन का कहना था कि कंपनियों ने जो ओएफसीडी जारी कीं, वे पब्लिक इश्यू नहीं हैं। उनके मुताबिक, यह प्राइवेट प्लेसमेंट था क्योंकि इसे सिर्फ सहारा ग्रुप से असोसिएटेड या कनेक्टेड लोगों को बेचा गया। सैट के आदेश में कहा गया है, 'इसमें (सहारा ग्रुप की कंपनियों ने) यह नहीं बताया था कि इंफॉर्मेशन मेमोरेंडम 3 करोड़ से ज्यादा लोगों को जारी किए गए और उन्हें ओएफसीडी सब्सक्राइब करने का ऑफर दिया गया और यही गलती थी।'
साभार
इकनॉमिक टाइम्स | Oct 18, 2011, 09.28PM IST
http://navbharattimes.indiatimes.com/articleshow/10404873.cms

Irrigation Scam of Maharashtra : Chavan refuses to empower irrigation scam SIT with law

Nagpur: Chief minister Prithviraj Chavan on Thursday ruled out instituting the special investigation team (SIT) to probe the alleged irrigation scam under theCommissions of Inquiry Act, 1955, which would have given it more teeth. The opposition called the refusal an attempt to save deputy chief minister Ajit Pawar and water resources minister Sunil Tatkare, who are accused of being involved in the scam.

The government announced an SIT under Madhav Chitale, a well-known irrigation expert, on Monday after coming under pressure from opposition benches.

Speaking to TOI on Thursday, Chavan said that a panel under the Commissions of Inquiry Act has to be headed by a retired high court or Supreme Court judge. The government, he added, was not contemplating appointing such a person. “We are looking to include an expert from the finance field on the panel, whichwill probably havefour members,” he said. Chavan added that the SIT will be granted a deadline of six months, with a provision of extension if the members so demand. He maintained that he had proposed Chitale’s name as the panel head.

Reacting to Chavan’s assertions, lawyer Anil Kilor charged the government of misleading the public. Kilor is pleading the case for the NGO Jan Manch, which wants a judicial probe or a CBI inquiry into the multicrore scam. “There is no provision in the Commission of Inquiry Act that there should be a judicial member on the panel,” he said. Kilor explained that the government has to compulsorily give statements on oath to a panel formed under the COI Act.

“The panel becomes quasi-judicial, with judicial powers to summon bureaucrats, ministers and experts. There are regular hearings andthey are deemed judicial proceedings under Section 193 and 228 of the IPC. It is just like regular court hearings,” Kilor said, adding that anyone deliberately skipping hearings can be prosecuted.

The lawyer pointed out that the SIT, as instituted by the state, will have to seek appointments of officials. Moreover, it will not be binding on anyone to be present before it. “Such an inquiry into areas where thousands of crores of public money is involved cannot be relied upon. Even inquiries made by Nandkumar Vadnere and HT Mendgiri committees were not under the COI Act and therefore the government was not duty bound to act against the guilty,” Kilor said.

LEFT TOOTHLESS
The chief minister has refused to set up a probe into the irrigation scam under the Commissions of Inquiry Act. The law considerably empowers any panel instituted under it: Panel can summon officials, bureaucrats, ministers and experts It is mandatory for all those summoned by the panel to be present Panel becomes a quasi-judicial body with judicial powers All depositions to it are on oath; giving false information invites charge of perjury Initiating action against those held guilty is mandatory

VIDC admits to poor work in Gosikhurd project
The Vidarbha Irrigation Development Corporation (VIDC) has admitted before the Nagpur bench of the HC that the work on the left bank canal of the Gosikhurd project was of very poor quality and that the contractor, BJP MLC Mitesh Bangadia, was asked to do the relining afresh. The admission came in an affidavit in response to a PIL that alleges irregularities in VIDC. TNN
Courtesy:
Vaibhav Ganjapure | TNN
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Irrigation Scam of Maharashtra : CAG to be made party to PIL in irrigation scam of Maharashtra

Mumbai: The Bombay high court has permitted a social activist to make the Comptroller and Auditor General (CAG) a respondent in a public interest litigation on the alleged irrigation scam in Maharashtra.

Petitioner Pravin Wategaonkar made an oral plea on the addition before a bench headed by Justice Ajay Khanwilkar on Thursday. The bench allowed him to amend the PIL to make CAG a party before January 7, 2013, and posted the matter for further hearing on January 15.

The court has already received the state’s response to the petition. In it, the state denies allegations of a nexus between ministers and contractors, but admits to several irregularities.

For instance, it acknowledges that the governing council headed by the state water resources minister met just 49 times in 10 years up to 2010. As per law, the council is required to meet every month to approve and review important decisions. Attempting to write off the dereliction as inconsequential, the state said, “Lesser meetings did not hamper the performance of Konkan Irrigation Development Corporation (KIDC) projects.”

But it might have. The PIL notes that KIDC did not pay Rs 8.25 crore as compensation to the villagers affected by the Jamda project in Ratnagiri. And yet it gave Rs 26.33 crore to the contractor as “idle payment charges” because work was held up owing to villagers’ protests over lack of compensation. The state, in the response, says it “only sanctioned the amount” and has not paid the contractors yet.

In a similar instance, the state confesses paying “idle payment charges” of Rs 7.4 crore to a contractor for a project at Nardave in Sindhudurg because protesting villagers stalled work. The PIL argues that while KIDC paid the contractor hastily, it failed to give less than half that amount to the forest department for acquiring forestland. The state’s defence simply is that the forest department never demanded money.

According to the PIL, no work can legally begin on a project unless all required land is acquired. But the state maintains that dam projects are split into two parts: land for one part is acquired and work on it begins. The PIL calls this strategy a ploy as part of “institutionalised irregularities and corruption” to delay projects and allow cost overruns.
Courtesy:
Swati Deshpande | TNN
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Irrigation Scam of Maharashtra: ‘Without FIR, police power, SIT’s irrigation probe futile’

Mumbai: The state government may have announced a probe by a special investigation team into the alleged irrigation scam but so far, no FIR has been registered in the case. For the panel to start an investigation, the government would first have to ensure that an FIR was filed or the team would be able to do nothing but merely inquire into the allegations, said a senior police officer.

Even legal experts said without an FIR, the SIT would not have any provision under which they could summon private players involved in the alleged scam. Echoing him, a police officer said “law suggests the use of force in investigation to unearth the truth and trace the financial transaction”. “It can be possible only after an FIR is registered…” he said.

Though BJP leader Kirit Somaiya had lodged separate complaints with the economic offence wing and the anti-corruption bureau and submitted related documents to them, the agencies are yet to convert the complaints into FIRs.

Moreover, said another police officer, since this SIT would be headed by irrigation expert and former bureaucrat Dr Madhavrao Chitale, he would not have the power to investigate the case or make arrests as only serving policemen and government investigating agencies can do so. So, former IPS officer-turned-lawyer Y P Singh added, the state would have to notify Chitale as a special police officer under the Bombay Police Act, authorizing him with the legal power to summon witnesses/ suspects, inquire, investigate, freeze bank accounts and make arrests. Concurring with the officer, another senior cop said if the state-appointed SIT was not given the police power, it would be toothless, rendering it a “special inquiry and not an investigation team”. Without the police power, the team could only submit its findings to the appointing authority, the officer said. Chitale would not have any power to act against any suspect unless the government bestowed the special power on him, he added.

Singh said, “Law says cases where private players are involved in corruption should be probed by a police agency. The government must first register an FIR in an alleged scam and also notify the panel head a special police officer, giving him the power to probe the case.”

Apparently upset with the SIT, Somaiya said, “This is a cover-up. It’s not an SIT but an inquiry team under an expert. If the state is interested in proper investigation, why does it not give its consent to the ACB and EOW to probe?”

The state has prepared a detailed affidavit on the steps it has taken in the alleged scam and will file it in the HC on Wednesday.

DIFFERENT ANGLES OF INVESTIGATION
SIT HEADED BY A POLICE OFFICER
If a serving police offi cer heads an SIT, the state or the court does not have to bestow special power on him but he himself can investigate a case, summon witnesses/suspects, inquire, freeze bank accounts and make arrests. In case of a retired officer, the court or state has to delegate such power to him as only a serving cop or an investigating agency can make arrests. Some officers feel an SIT headed by police is more effective as cops are better skilled than bureaucrats in probes and interrogations

SIT HEADED BY A FORMER BUREAUCRAT
If a former bureaucrat heads an SIT, the court or government will have to notify him as a special police officer under the Bombay Police Act, empowering him to investigate a case and make arrests. Otherwise, his work will be restricted to summoning government officers and studying documents. Some feel a retired babu may not be best cut out for the job as he lacks investigation and interrogation skills, which play a crucial role in cracking alleged corruption cases

TELGI SCAM
The Bombay high court appointed an SIT under retired IPS offi cer S S Puri in 2003 to investigate a case against fake stamp paper scam accused Telgi in Pune. The team arrested several senior IPS offi cers and a politician

FAKE ENCOUNTER CASE
In 2009, the Bombay high court appointed an SIT under IPS officer KMM Prasanna to investigate the killing of Chhota Rajan associate Lakhan Bhaiya in an alleged fake encounter in Versova in 2006. The court ordered the SIT to register an FIR based on fresh statements of the complainant, the brother of the deceased. The SIT arrested encounter specialist inspector Pradeep Sharma and senior police inspector Pradeep Suryavanshi along with several other policemen

KRIPASHANKAR SINGH CASE
The Bombay high court ordered an SIT, under the supervision of the Mumbai police commissioner, to investigate a complaint against Congress leader Kripashankar Singh of possessing assets disproportionate to his income. The SIT initiated the probe after an FIR was registered against Singh and his family in February 2012. Earlier, the anti-corruption bureau had conducted an inquiry into the allegation and submitted its report to court, which ordered the SIT to take over the case
Courtesy:
Vijay V Singh TNN
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