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Super cop Julio Ribeiro challenges Pandey’s appointment as DGP Gujarat

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Should a Cop Charged with Serious Crimes be appointed to the highest police position in the state? No says top cop Julio Ribeiro who has challenged the appointment of PP Pandey as acting DGP Gujarat

Even as the Central Bureau of Investigation (CBI) turns its back on its own charge sheet in the famed Sohrabuddin encounter case and allows crimes to go unpunished, the state executive – the Gujarat government has been busy re-instating– in high positions, those policemen charged with crimes including abduction and even murder. Rahul Sharma, senior cop turned lawyer has filed a petition on behalf of super cop Julio Ribeiro, former DGP, Punjab and Ambassador to Romania against Pandey’s appointment. The petition will be heard next Wednesday, April 4 before the Chief Justice, Gujarat.
 
"It is ridiculous. How can a person, who is facing trial for four murders, be appointed to the top post, as the person facing trial has to be under suspension, according to the All India Services (Conduct) Rules," says 87 year old Ribeiro.

It was just 14 days ago on April 15, that PP Pandey, charge-sheeted by the CBI in a High Court monitored investigation, for offences under the Arms Act and for offences of abduction, wrongful confinement, and premeditated murder of four persons, was –in utter disregard for due process of law—appointed as acting DGP, Gujarat. Before his appointment to a powerful post, Pandey had attended the “"welcome ceremony" for DG Vanzara, re-entering Gujarat after close to a decade. The retired DIG accused in both the Ishrat Jahan and Sohrabuddin Sheikh fake encounter killings was recently allowed by a special CBI court to enter Gujarat. Vanzara’s prejudicial outlook that, under law, constitutes hate speech was recently visible on social media when he asked “Sons of Mughals to Quit India.”

The petition questions the government's wisdom to pick a murder accused police officer as the DGP. Ribeiro has clarified to the media that his stand is based on principle. Filed in the public interest, this legal action challenges the Government of Gujarat, Home Department, notification dated 15.04.2016 entrusting Shri P.P. Pandey, IPS (Gujarat: 1980), Director of the State Anti Corruption Bureau, with the additional charge of the post of DGP of Gujarat State. Such an additional charge is against the Doctrine of Public Trust, is against the law and the express guidelines of the Supreme Court. Moreover, it is likely to defeat the ends of justice and is against the public interest because P.P. Pandey is an accused committed for trial in a case of abduction and premeditated murder. As acting DGP of the state he will have power and control over other policemen who are witnesses in this sensitive case. Several serving police officers who are witnesses in the criminal case, in which P.P. Pandey is a charge-sheeted accused, are subject to his authority and influence, which is likely to adversely affect the judicial process of trial. This is the basis of the petition. Other witnesses can also get influenced.

Rahul Sharma, a practising lawyer in the Gujarat High Court has himself been the object of a conspicuous campaign of vendetta unleashed by the state government. This has been in large measure due to his candour and integrity in testifying in crucial cases related to the 2002 genocidal carnage including the Naroda Patuya Cases and the Zakia Jafri case currently pending in the High Court.

In 2002, it was his bravery in the wake of tremendous pressure that has won Rahul Sharma kudos. The SP of Bhavnagar, Sharma ordered firing on a mob that had attacked a madrasa housing more than 200 children. He was taken to task for this by the deputy home minister Gordhan Zadhaphia who told him, "Your ratio of firing deaths is not proper". That is, Sharma's actions had led to the killing of more Hindus than Muslims unlike elsewhere in Gujarat.

Sharma found himself, once again, at the receiving end of the BJP regime's ire especially after he submitted a batch of Call Data Records to the Nanavati Commission, which was probing the carnage. The records revealed that Modi's ministers and VHP leaders had been in constant touch with police officers as well as rioters. Sharma was charged with violating norms by the Modi government, only to be cleared by the Central Administrative Tribunal. He quit the police soon after to take up legal practice.

 

Electric Companies Duping Indian Consumers: DRI Investigates a 29,000 Crores Rupees Scam

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Six companies from the Adani group, Anil Ambanis companies as those belonging to Jindal Essar among a total of 40 corporations –that include state electricity corporations –are allegedly involved in a massive scam that has de-frauded the Indian consumer into paying one and a half times for electricity suggesting that senior functionaries within government are also in the know


Video Courtesy: Newsclick.in
 
Editor Economic & Political Weekly, Prananjoy Guha Thakurta speaks to Newsclick on a massive financial fraud –at least to the tune of Rs 29,000 crores –being currently investigated by the Drectorate of Revenue Intelligence (DRI). Thakurta broke the story in EPW on April 2, 2016.

There appears to be a major scam involving some of India’s mightiest companies like Adani Group and Anil Dhirubhai Ambani Group and forty of India’s biggest energy companies. This is currently under the Directorate of Revenue Intelligence (DRI) scanner. Conservative estimates put the amount involved at nor less that Rs. 29,000 crores, which then is passed onto the electricity consumer in the form of higher power tariffs. 

What was the exact modus operandi of these companies? What did the companies actually do to inflate the price of coal that they were importing? How did this scam come to light? To discuss and to know more about these issues Newsclick interviewed Editor, Economic & Political Weekly, Paranjoy Guha Thakurta, who exposed the scam. 

In EPW, Thakurta says, “Among the private companies being investigated, the best known names include at least six firms belonging to the Adani group—Adani Enterprises Ltd, Adani Power Ltd, Adani Power Rajasthan Ltd, Adani Power Maharashtra Ltd, Adani Wilmar Ltd and Vyom Trade Link. The Adani group is headed by Gautam Adani who is known to be close to Prime Minister Narendra Modi. The group has supplied coal to various power generation and distribution companies, including Tamil Nadu Electricity Board, Gujarat State Electricity Corporation, Haryana Power Generation Corporation and Jhajjar Power Ltd.

“Other privately-controlled companies in the list of firms being probed by the DRI include Reliance Infrastructure Ltd and Rosa Power Supply Co Ltd, both of which are part of Anil Dhirubhai Ambani Group (ADAG) led by Anil Ambani; two companies in the Essar group promoted by the Ruia family, Essar Oil Ltd and Essar Power Gujarat Ltd; JSW Steel Ltd headed by Sajjan Jindal; four companies in the Hyderabad-based NSL group (NSL Sugar, NSL Krishnaveni Sugar, NSL Sugar Tungabhadra and NSL Textiles) promoted by M Venkataramaiah and M Prabhakar Rao; India Cements Ltd led by former International Cricket Council chairman N Srinivasan; and Uttam Galwa Steels Ltd led by Rajinder Miglani.

The list also includes Gupta Coal India Ltd; MBG Commodities Pvt Ltd; Knowledge Infrastructure Systems Pvt Ltd; three companies in the Bhatia group, Bhatia Global Trading, Bhatia International (Asia Natural Resource), Bhatia Industry and Infrastructure (Hemang Resources); two companies in the Gandhar group, Gandhar Oil and Refinery India Ltd and Gandhar Coal and Mines; Coastal Energy Ltd; Aggarwal Coal Ltd; Suryadev Alloys and Power Pvt Ltd; Laxmi Organic Industries Ltd; Phoenix Comtrade Pvt Ltd; and Simhapuri Energy Ltd.

Government-owned companies being investigated include the country's largest power producer NTPC Ltd (formerly National Thermal Power Corporation Limited), MMTC Ltd (formerly Metals and Minerals Trading Corporation Limited), MSTC Ltd (formerly Metal Scrap Trading Corporation Limited) and Karnataka Power Corporation Limited.

The DRI has monitored the details of coal imports of these companies till 31 March 2016, information accessed by the authors suggests.

Web of Scams
This revelation comes weeks after the DRI secured the first arrest of an accused person who was allegedly involved in over-invoicing of coal imported from Indonesia. On 27 February 2016, the DRI arrested Manoj Kumar Garg, a Hong Kong based Indian national who had allegedly opened a front company in Dubai responsible for over-valuing imported coal to the tune of Rs 280 crore. The coal was meant for the state electricity boards in Tamil Nadu and Karnataka.”

In this interview, Thakurta explains how some corporate giants, especially close to the political establishment in Delhi have carried out this scam by actually over-invoicing the price of coal being imported. Over-invoicing meant actually charging, on paper 40-50 per cent more than what was paid to the coal suppliers; this burden was passed on to the ordinary Indian consumer while the companies involved in these massive illegalities actually transferred the amounts illegally to foreign accounts.

This is a huge fraud on the ordinary user of electricity. In these 40 companies apart from some major private players close to the Modi establishment are also the Electricity Boards of Tamil Nadu, Gujarat and Haryana.

It remains to be seen how the central agencies –under the union finance ministry—and then the Reserve Bank of India (RBI) and the SEBI deal with this massive scam before the courts come into the picture.