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LET S.C. ACT ON INDIAN WEALTH ABROAD

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The latest issue of India Today (January 3, 2010) carries an interesting cartoon by Ravi Shankar with an amount boldly inscribed at the top : Rs.176, followed by eleven zeroes. The main cartoon shows Dr. Manmohan Singh and Sonia Gandhi declaring “We have ZERO tolerance for corruption!†and some minions of theirs declaring “We can tolerate many more zeros….â€

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If for several months now the only word heard and reverberating in every nook and corner of the country is CORRUPTION, the credit for this goes to three constitutional authorities, the Supreme Court, the Parliament and the Comptroller and Auditor General.

 

On October 29, a Supreme Court Bench comprising of Justice G.S. Singhvi and Justice A.K. Ganguly hearing a writ petition filed by the “Centre for PIL†seeking action on the basis of the draft report submitted by the CAG, pulled up the Central Government for the slow progress of investigation made in the 2G Spectrum scam which according to the CAG draft report had caused a loss of approximately 1 lakh 40 thousand crores to the public exchequer. The Additional Solicitor General told the Court that day it was only a draft report.

 

The final report placed in Parliament in November assessed the loss as of 1 lakh 76 thousand crores, which is the amount boldly displayed in the India Today cartoon referred to.  

 

On November 18, the Supreme Court went still further when pronouncing on a petition filed by Subramaniam Swamy that he had written to the Prime Minister in November 2008 seeking permission that Telecom Minister A. Raja be prosecuted, but that his plea was not accepted on the ground that the CBI was investigating the matter. The Chief Justice then asked the P.M. to file an affidavit in that regard in Court.

 

The C.A.G. reported on the scam, the Supreme Court took serious note of this scam as well as the corruption in the Commonwealth Games and on the first day in the Winter Session of Parliament these two scams as well as Adarsh Housing scam relating to Defence land were sought to be raised by several opposition p;arties. But Sushma Swaraj, Leader of Opposition was shouted down by the Congress Party.

 

After that the entire opposition and some even among the Government allies came round to the conclusion that parliament could settle down to normal business only if government agrees to set up a Joint Parliamentary Committee in respect of these three scams.

 

Towards the end of the Winter Session a senior minister in the U.P.A Government, not belonging to the Congress Party, told me that both the P.M. and the F.M. had told him that they were ready to have a J.P.C. A ministerial meeting to announce this was actually convened, but called off at the last moment. 

 

The J.P.C. has not been set up; but A. Raja has been removed, the Maharashtra C.M. changed, and Suresh Kalmadi and his colleagues subjected to CBI raids.  The loot has not been recovered yet, but if some action has started, the principal determinant has been the Supreme Court.

 

I hope in a matter linked up with this problem of corruption the Supreme Court will once again play a decisive role.  Pending before the Supreme Court is a writ petition filed by senior Advocate Ram Jethmalani and five other eminent citizens including Subhash Kashyap and K.P.S. Gill. The petition aims at forcing government to bring back India’s wealth stashed away in tax havens overseas.

 

When the BJP had made this one of its poll planks in the 2009 Lok Sabha elections and set up a Task Force to study this issue, one of the members of our task force was R. Vaidyanathan, Professor of Finance and Control, Indian Institute of Management, Bangalore. Appended to the writ petition referred to above is an excellent article by Prof. Vaidyanathan which opens with the affirmation

 

“Barack Obama is concerned about these; Merkel is furious about them; and Sarkozy wants to regulate them.  But the leaders of one of the most affected countries, India, are not saying or doing anything about them.  They are ‘tax havens’ or offshore financial centers where the ill-gotten wealth of tax evaders of many countries is hoarded. These tax havens are now in the news since developed economies like the US, Germany and France etc. want them to return the ill-gotten wealth stashed away by their citizens.â€

 

The article concludes with the following paragraph:

 

“Let us remember that the past history suggest that our elite failed India and helped in the plunder and devastation of this country.  The silence of our elite in politics/media/business/bureaucracy and arts speaks volumes about our collective guilt.  ‘No criminals in politics’ is a good campaign, but can we afford leaders who stash funds abroad? Black money stashed abroad is the Gangotri of all crimes. It shows our distrust for our motherland and contempt for dharma.  Let us deal with it firstâ€.

 

In my blog dated November 28, 2010 I had referred to the numerous scams that had surfaced in the year 2010 and made it really a year of stinking scams. I had also pointed out that in 2004, the U.N. Office on Drugs and Crime had adopted a comprehensive Convention against corruption. India signed the Convention. Art. 67 requires all signatories to have the Convention ratified by their countries. In many countries, ratification of such an international document which a country signs means formal approval by its Parliament. Here in India all that is needed is approval by the Union Cabinet. Fourteen out of the 140 signatories have failed to ratify it even after the passage of six years since its adoption. All Indians would feel sorry to learn that India is one of these fourteen. Will the Prime Minister kindly enlighten the country why India has failed to ratify it. One single meeting of the Cabinet in the last six years would have been sufficient for that. 

*   *   *

Tail Piece :

Writes M.J. Akbar :

 

“Even the most extravagant astrologer could never have predicted that Dr. Manmohan Singh would be fatally wounded by a mobile phone. He has withstood, with great calm and fortitude, six years of Opposition artillery without a scratch on his reputation. Suddenly, he has become victim of friendly fire. A remarkable aspect of a scandal that has weakened the Government to the point of fragility is that conversations which revealed part of the truth were between politicians, lobbyists, businessmen and journalists on the same side. This is collusive detail, not accusatory condemnation, from lobbyists and journalists who were friends of those in power.

 

 

L.K. Advani

New Delhi

27th December, 2010

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18 Responses to “LET S.C. ACT ON INDIAN WEALTH ABROAD”

  1. rakeshsharma Says:

    Sir, this is a strong BJP supporter. I want to say,
    ‘Bharat maa ko sachhe putron ki jaroorat hai.’
    Create a youth brigade. Reach the masses, soothe their wounds. Be like Nitish Kumar and Narendra Modi sir. We are waiting for somebody to save our country from congress. And we want it to be BJP. And sir next time if you disrupt parliament, all of you don’t take any salary or wages. We can’t see our money getting wasted.
    I’m from the masses and every youth of the country feels like me. Hope you hear me!

    VANDE MATARAM

  2. rakeshsharma Says:

    I find it extremely unfortunate that even after 3 big scams of modern India being exposed one after the other- CWG,2G and Adarsh Housing scam, and congress proved guilty in them, congress hasn’t lost those many supporters nor has BJP gained those many. It may result in wise and educated people not voting at all and illiterate supporters of congress (only illiterate and highly progressive people follow congress, and unfortunately they make almost 60% of country’s population) voting to bring them in power again. Media also has a role. They are indulged in defaming BJP only. Amidst all these scams too they find things to write against BJP-Gadkari sir’s son’s wedding, Rahul’s remark, Gujjar’s agitation being Raje madams gift, Ajmer blast, Godhara kand, Babri masjid demolition etc.

  3. rakeshsharma Says:

    I also have complains. Sir you are not intelligently blaming congress. Petrol prices are rising everyday, inflation is increasing day by day. Sir common man is suffering. They need some helping hand. BJP should come out like leader of the masses. Sir you will have to be a little bit secular. Supporting Hindutva is not a bad thing. But religion is a personal thing. It cannot be an agenda. Hindutva doesn’t need a political patronage. It is omnipotent and immortal. Sir, Hindus are of very liberal thinking and that is what Hindutva is all about. We respect every religion and love and follow our religions. I see that even all Hindus even are not with BJP. BJP needs to think about it. First come to power by being liberal.
    Then root out corruption. Bring our money back from overseas. Make India prosper again. Also sir, end reservation when you are in power.

  4. jaykumar.j Says:

    Sir,
    Continuing his crusade against corruption Dr. Swamy has wrote a letter to PM asking him to rescue Mr. Sibal to give away the post of telecom minister, as per Dr. Swamy’s allegation Mr. Kapil Sibal sons are legal advisory to few telecom companies those who are involved in this biggest 2G scandal.

    Here is the link highlights the point, which Dr. Swamy mentions to PM about Mr. Kapil
    Must rescue from the post of telecom minister.
    http://www.haindavakeralam.com/HKPage.aspx?PageID=12936&SKIN=B

    http://www.janataparty.org/pressdetail.asp?rowid=59

    Few more letters written o PM by Dr. Swamy where he highlights how Sonia Gandhi and Rahul Gandhi received kickbacks. BJP must be much more aggressive in taking on congress. Congress leaders’ never dare to speak against Dr. Swamy as this man knows lot of thing about them so they restrain in speaking against him. BJP must use all possibilities’ to expose this family and congress party as a whole.

  5. saratg Says:

    Why would a policy making institution such as Parliament has to wait for Supreme Court of India to intervene in this matter? If so why are we public even electing a Govt to rule us. We should have a direct election for Chief justices and let them rule us. I am very skeptical about the intentions of this high drama by major political opposition and it is like saying it should be given full power for it to do any good to public. Haven’t we given clean majority when Vajpayee was heading this BJP Alliance? Didn’t they know corruption was happening at all levels and overseas tax heavens was not a novice concept? I am anti-congress since I was a kid but I must warn public that hoping BJP to be a savior for us is just not true! I like Advani ji, can he set an example by vet all in BJP and disclose their assets openly and go to next poll with a simple(no mumbo jumbo) manifesto to root out corruption?!

  6. puneeth kumar Says:

    Respected Advaniji,

    The Congress party has repeatedly hoodwinked people by apointing scam tainted people to the position of power then they remove her or him when the scam surfaces in the media and public and they re-appoint the person when a new scam fades away the old!!!!

    RR PATIL reappointed as minister in the CONG govt in MAHARASTRA,Vilas RAO appointed as Central Minister after being removed for failure after the MUMBAI attacks!!

    ABHISHEK MANUSinghvi was removed after he represented the tainted person aginst whom the Kerala COngress was agitating against,he is back!!

    This has now become a strategy of CONGRESS PARTY to gain moral high grounds!!!!

    BJP should expose this strategy to the country!!
    regards
    PUNEETH KUMAR
    BENGALURU

  7. umab Says:

    When Advaniji alerted the nation to a “weak PM” (Dr. Manmohan Singh) during the last elections, the media described it as a “personal attack”. Look what happened now. Dr. Manmohan was indeed powerless to act when his ministerial colleague disobeyed his advice, not only that, he is even trying to implicate him. Now the BIG question we have to ask ourselves is whether the weakness of the PM was manifested only in 2G?! Is this just the tip of an iceberg?! Are there bigger, more vicious scams, mismanagement etc., waiting to be uncovered?! Is it because the PM is weak that he is unable to raise even his little finger to get back the Billions of Black Money stashed away in Swiss Banks?!

  8. jaykumar.j Says:

    Sir,
    Only way to bring black money slashed in foreign bank (e.g Swiss Bank) is to freeze Rupee(Indian Currency) by having time frame of 1 year, then see those who have such money outside, will have no option to bring it back to Indian bank and get converted to latest currency nominated against Rupee. Once this money comes to our bank we can figure out who are those person having money in foreign bank. Prosecute them or collect tax for those money with interest and fill govt treasury.

    Your suggestion that judiciary must play an important role in bringing back those money will never work as judges seating in those chair too are corrupt, so we Indian nowadays don’t have much expectation from SC any more. Ruling party’s king who is economist did something in 2G allocation by remaining mute spectator and when it came to undertaking to SC King gave something and same SC believed it be right when a common citizen suspect King how come Judges cant suspect King for his deed?

  9. jaykumar.j Says:

    Sir,
    Long back your wrote that you have filed PIL against this black money in SC then I think you as a citizen can recommend SC to freeze Rupee to bring back black money already IIM-Bangalore professor (Prof. Vaidyanathan) and CA (Mr. Gurumurthi) from Chennai is on board for providing suggestion and same can be recommend to SC and let SC ask govt to file their response to it. Let see what govt has to says on it.

    We should not forget that to bring back black money only European countries introduced Euro and this was one of the reason that today they have successfully contained corruption and able to sustain all kind of inflation.

  10. jaykumar.j Says:

    Sir,
    To control fuel price India can form a group of countries within Asia and can have common fuel currency so that our purchase of fuel from Gulf and from local public sector will purely depend on that new currency and not Rupee this will ensure that we get it at low price and we can provide same to common man with a reasonable rate. Even small countries part of this membership from Asia will be benefited may be SARC nation can be the group members.
    The only way we can control fuel price as time is that this benefit reaches to most poor people so that they can lead a very good life by having good life style. If we wont work now then we can face more problem of half terrorist in the name of human rights funded by foreign countries to carryout their mission of conversion. This is what they want let the poor be poor and and they can do their activity. Very good e.g to fund legal battle for Binayak Christian medical College is collecting donation. Why only this college is interested?

  11. saurabh.kum Says:

    Sir, There is a systemic institutional failure or conspiracy to shield the corrupt. Congress has used all the tools to circumvent and align these institutions. CBI is more of a Closure Bureau of Investigation or rather “Closed Bofors Intentionally”, do whatever you may do. CVC doesn’t give any comfort as per his oily history and role in the spectrum of the largest scam, the last election chief commissioner was merely saved due to favourable courts albeit was hardly beyond suspicion.. list can be very long.

    Congress has envisaged an innovative method of keeping its first family behind the curtains and let a suave Prime Minister handle the barrage. Comman man is sometimes conned to sympathize and pity the “honest” PM. Hence, its a great challenge for the principal opposition party to go to the people with a message of need to revamp the institutional framework. Will require innovative political thought process which only BJP can have at this point.

  12. Param Says:

    Dear Advani ji,

    I am Parameshwar Yanamandra, a citizen of India and a resident of Andhra Pradesh currently working as a Software Engineer in the US. The reason I am writing this comment on your blog is to put forth a few points which you might have to consider before a decision on a separate state called ‘Telangana’ is approved. I know it is off the topic of your blog but I wanted my message to be read and a few million Andhraites voice to be heard. I had no other way to reach you. Since you would be involved in the decision making on a proposal of seperate state called Telangana, I see you people have a lot to think about before making the final decision.

  13. Param Says:

    Sir, if a Telangana is approved which I pray not to be, there would be clashes for the capital city, which city in the divided Andhra would be a capital, clashes for resources like water, electricity, people getting relocated and loosing properties. Since you have been a witness for the partition of India, you can gauge the issues such partitions raise. Even if you consider these to be minor, there are other issues that adjoin it. There will be even more demands from other states (already Ms. Mayawati wants Uttar Pradesh to be split into 3 and a seperate Gorkhaland). This whole thing results in chaos in the country and India, which is going in a good growth path, suddenly would come to a screeching halt.

  14. Param Says:

    The other concern I have in splitting up is a news article I read a few months back on TimesofIndia.com. The article quotes a Chinese war strategist who says that India is easy to be attacked as it can be split into smaller regions easily. This split (and probably more requests coming from other states mentioned above) would confirm their strategy. Since I am an Indian first and then a resident of Andhra Pradesh, I would like to see my country in a stronger position.

    Sir, finally if a new state in any region is the option, I would suggest that it be formed only by year 2075 because all citizens can make their decision to stay or move, a new capital is well formed by then and the most important reason being, the short term gainers with vested interests like KCR and his supporters would not be able to gain advantage of this (and in the process the interest in a new statehood disappears from their thoughts).

  15. Param Says:

    If politics are any part of your support to the separation of Telangana, I sincerely request you to put politics aside and think about India and its betterment. In conclusion sir, I write to you not to divide our country anymore. I plead you and I pray to god sincerely.

    Sincerely,
    A Proud Indian
    Parameshwar Yanamandra

  16. umeshmishra Says:

    Sir,
    We have seen world over that if governments behave irrationally, the populace in general come out on the street and protest. Why it does not happen in India? If at all Indians come on street they will burn buses and beat up common people who are on the street. This raises serious questions that whether we are cowards or selfish people as a nation. If that is the case then we don’t have any reason to complain because cowards and selfish don’t deserve anything better than what we are getting from our governments.
    I have another concern that there is nothing being done from the opposition parties to put pressure on the government by mobilizing the people. I am not sure if by giving mere statements in the media is helping the cause. I would be grateful for your opinion on the above if you get some time as I am sure you are a busy person. But I could not resist asking your opinion.

    Best regards
    umesh

  17. vadiraj Says:

    Dear Sir…..
    During next 3 years, gather enough information to show how corrupt Congress government has been…Take them to the masses and tell them how schemes like Atalji’s Pradhan Mantri Grameen Sadak yojna, Golden quadilateral project, North-south and East west corridors, Disinvestment, Pokran, Foreign policy, Operations Vijay etc…etc..helped India progress leap and bounds during 6 years of NDA rule….
    It will be unfortunate if we let Rahul Gandhi becomes prime minister during next elections. All we need to talk about how Congress party has failed in delivering people promise and why BJP is the only alternative party which can give Governance to common people and help in India grow faster..
    With Regards,

  18. non medical insurance Says:

    non medical insurance…

    Thank you for a good blog on LET S.C. ACT ON INDIAN WEALTH ABROAD | Sri LK Advani’s Blog . As I have read other online views on the same I think the details are well reflected on this.It was a good way of spending evening on Sunday . I’ll visit again…

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