Saturday, May 14, 2011

CHAPTER 176

176

                      THE CONFIDANTES

       The last mail was submitted to Her Excellency the President of India on 21 April 2011. The same mail was sent to the Supreme Court, Indian Army, Indian Air Force and the Election Commission of India. It was posted in the blog www: howeverythinghappenedinindia.blogspot.com and a link was given to www.thattan.com
The present writer started a few more blogs. Thus the present blogs  are:
1. www.howeverythinghappenedinindia.blogspot.com
1. www.momentousmonths-india.blogspot.com
2.www.13months-india.blogspot.com
4. www.inbadfaith-india.blogspot.com
5. www.theconfidants-india.blogspot.com
6.www. temples-and-churches.blogspot.com
7.www. effectiveinorganicchemistry.blogspot.com


     A Supreme Court bench comprising Justice D.K. Jain and Justice H.L. Datta rescued itself from hearing the petition of Justice Dinakaran, Chief Justice of High Court, Sikkim.
          He had exhorted the court that justice must not only be done but also appear to be done.
          An allegation against him was that he grabbed land using his ill-gotten money.
         This is the condition everywhere. The learned judges “fix” judgments to grab land in the rural areas. The political leaders or their relatives get commission in the form of shares. The big companies demand Government land or public money.
          One opposed to the above condition is construed as an enemy of the nation.

          Hindustan Zinc Ltd (HZL) got a profit of Re.1770 crore during 2010-2011. The public sector HZL had been sold to a charge-sheeted company. Therefore, the sale was not only unconstitutional but also against the policy approved by the Union Cabinet for selling the Public Sector Undertakings (PSUs).
          There is a theory that the big companies like Vedanta must be kept in good humour by giving public assets like the BALCO, HZL. The reasoning is that they would enjoy them for buying assets abroad.
          The antagonists of the above theory believe that the public assets must be recovered for the welfare of all.

      Mr. A. K. Antony, Defense Minister, on 25 April 2011 asked the commanders of the Indian Army and Air Force to be on guard against corrupt practices, He added that the vested interests - at times - bring about unnecessary pressure and resort to corrupt practices.

          The Supreme Court bench comprising Justice R.V. Raveendran and Justice A.K. Patnaik on 26 April 2011 quashed the policy of imposing Airport Development Fee by the private airport developers in Delhi and Mumbai airports.
       The Government had allowed the private operators to levy development fee from the passengers. It was the economic policy of the Government for the purported development of the nation. But the court said that this fee had been imposed without the authority of law. This shows that the courts could strike down any unconstitutional economic policy.
     The Supreme Court shall not retract from the present stand when bigger issues confront it.
However, the bench should have recovered the amount already collected.
           Further, the court could have directed the Government to take back the airports because the airports were sold without the authority of any law.

          A UN panel reported that both Sri Lanka and the LTTE committed war crimes and crimes against humanity in the last stages of Eelam war. But Mr. Ban Ki-moon, General Secretary of the UN, on 26 April 2011 said that the UN could not set up an international team to investigate war crimes without the consent of Sri Lanka or a decision by the member states.
          India had given logistic support to   commit crimes against humanity. The present writer had tried his level best to prevent it.
       But, the Cabinet Secretary obeyed the direction of the underground moles. Alternatively, he acted independently. He did not listen to the political leadership. In fact, Dr. M. Karunanidhi –a leader of the ruling coalition – had undertaken a fast in vain.
          Apart from India, China and Pakistan had supported Sri Lanka.
          Even the UN had contributed to the killings.
         Therefore, none would be brought to justice in the normal course.
         
          Indian Coast Guard on 26 April 2011 captured 15 Sri Lankan fishermen for illegally fishing in Indian waters.

          A Supreme Court bench comprising Chief Justice  S.H. Kapadia, Justice Aftab Alam and Justice K.S. Radhakrishnan directed suspension of operation in 19 mines in the Karnataka states. The petitioner contended that 375 lakh metric tonne of iron ore had been exported without valid permits.  This comes to Re. 15,245 crore.
         The advocate for the petitioner was Mr. Prasant Bhushan.
       There are allegations that the above advocate had been functioning as a middle man.
      
         India on 28 April 2011 decided to exclude two American Companies -Boeing and Lockheed Martin –from its estimated $11 billion 126 fighter jet deal and short listed two European companies –Eurofighter Thyphoon and the French Dassault’s Rafale.

     A Supreme Court bench comprising Chief Justice S.H. Kapadia, Justice K.S. Radhakrishnan and Justice Swatanter Kumar on 29 April 2011 rejected a PIL filed by Mohanoharlal Sharma who had sought a CBI enquiry into the alleged illegal activities of Mr. Shati Bhusan and his son Mr. Prasant Bhusan –two Supreme Court advocates.
                   If the Supreme Court accepts such petitions, many lawyers and judges will not extend their co-operation for the day-to- day functioning of the court.    However, the court should have accepted the above petition. Now it appears as another “fixed” judgment.

          Dr. Manmohan Singh, Prime Minister of India, on 30 April 2011 requested the CBI not to spare any offender. He asked the CBI not to chase any innocent people.

          Mrs. Pratibha Devisingh Patil, Her Excellency the President of India, on 30 April 2011 said that she would not opt for a second term. She must give FREEDOM to Indians. For this she must do her duty till the last day last minute in office.

          The Union Government on 2 May 2011granted final forest clearance to the Re.54000 crore integrated steel plant of POSCO in the Orissa state.
       In this connection, it must be stated that whenever the Union Government sells the land belonging to the public sector National Textile Corporation (NTC) some leaders or their relatives get some commission either as shares or in cash. This makes practically all relatives of the leaders very rich.
          The above principle is applicable to South Korea as well. When the Indian industrialists wanted to buy assets in South Korea, the latter wanted a suitable bribe.
       The underground moles in India directed the Union Government to give a mine to the POSCO. Satisfied by this gesture, South Korea allowed the Indian industrialists to buy assets there.
       Evidently, the POSCO steel plant in Orissa is the bribe given by India to South Korea for the benefit of private parties.  It is out and out unconstitutional. It is an act of corruption. The POSCO shall not be granted permission to exploit the iron ores of India.
          There are reports that South Korea is going to give award to an Indian leader. It would do more as an act of reciprocation.

      A Supreme Court bench comprising Justice P. Sathasivam and Justice B.S. Chauhan on 7 May 2011 upheld the order of a special court to attach the assets of stock broker Mr. Harshad Mehta to settle his liabilities. The court observed that the purpose of law is not to allow the offenders to sneak out of the meshes of law.
      It must be noted that Mr. Harshad Mehta had amassed a huge amount of wealth.
       One day, the CBI placed his physical shares in some rooms and locked each room with a small lock. Later, the locks were broken and the shares removed. Nothing came out of this case.
      The contention that he had liabilities appears as a curious one. The Government must have attached all his unaccounted assets long ago.
          The Directorate of Enforcement on 5 May 2011 suspended an officer in charge of investigation of Mr. Hassan Ali case during 2006 -2008. The motive is not a clear one.
      A Supreme Court bench comprising Justice G.S. Singhi and Justice A.K. Ganguly wanted results from the CBI in the 2G spectrum investigation. It is the Supreme Court that must produce results in all cases and the papers before it.

          Dr. M. Karunanidhi, Chief Minister of Tamil Nadu state, on 7 May 2011 said that that the media - in the name of freedom of expression – should not throw FREEDOM to the wind. His words might have sent shock waves to the courts, CBI, media and the Government.

          Mr. P. Chithambaram, on 7 May 2011, said that some people wanted the removal of the Prime Minister, Finance Minister, Governor of the Reserve Bank of India and many others in one go. He added that it would never happen.

     Mr. Deepak Parek, Chairman of the Housing Development Finance Corporation (HDFC), on 8 May 2011, deplored that there was no congenial atmosphere for the big industrialists to invest their money in India. He added that they were being forced to invest their money in other countries. He says that this tendency affects the progress of India and promotes the progress of other countries.
        In contrast, the underground moles had been saying that the act of removing the public assets by private parties for the purpose of investing in other countries would take the nation to the stars.
       The Supreme Court says that it does not understand the difference between the former, and the latter.
        In this connection Mr. Deepak Parek must tell the way in which the Government extends tax exemption for housing loans taken from the HDFC. He could disclose the beneficiaries of this policy.
          Further, he must tell the constitutionality of giving Re.3 lakh crore rotting in the Provident Fund (PF) to four banks.
       The Government had given the PF money not only to the ICICI bank but also to a bank in Hong Kong.
        Did the Government monitor the method of utilization?
       Will a bank in Hong Kong, use the PF money for the development of India?
        Why did the Government give the money secretly?
        In this matter, every Union Minister must be prosecuted at least 3 lakh times. All right thinking people going through this work would demand it.

        The Chief of Indian Air Force, Air Chief Marshal P.V. Naik, said that the creation of a new post to bring the chiefs of the armed forces under a single command would be a redundant one.
          The reason for the current move of the Government is that the armed forces lighted fire as mentioned in Chapter 135. The Government would do anything to remove public assets as at present.

        A Supreme Court bench comprising Chief Justice S.H. Kapadia and Justices Altamas Kabir, R.V. Raveendran, B. Sudershan Reddy, Aftab Alam rejected a petition to reopen the Bhopal Gas Tragedy case saying that there was no ground for a curative petition 14 years after a judgment.
          It must be noted that the tragedy occurred on the night of December 2-3, 1984. At that time, Mr. Shanti Bhusan – through a statement –opposed out of the court settlement. That was the real disaster.

        The Supreme Court bench comprising Justices Dalveer and Deepak Verma, on 10 May 2011,  upheld the order of the Delhi High court to prosecute three top officials –Mr. Sethuraman, Mr. Shakar and Mr. Balasubramoniam -  of the undivided  Reliance Industries Ltd (RIL).  The allegation was that they were in possession of confidential papers pertaining to the Union Cabinet. The case was registered in 1998.
     
       Another Supreme Court bench comprising Justice A.K. Ganguly and Justice GS.Singhvi lifted the stay on the so-called Amar Singh tapes. The court  restrained the media from publishing the tapes about five years ago.
          Despite the judgment, media did not publish the tapes. This shows that the Supreme Court must enforce freedom of expression.
          Now, there is no reason for the learned judges to keep the so-called Radia tapes under their coat.
            Many other cases are pending like this. An example is the election petition against Mr. P. Chithambaram, Home Minister, pending in the High Court, Chennai.

          Mr. Ragul Gandhi on 10 May 2011 paid visit to the UP state in a two wheeler to meet the agitating farmers. His Government had given Re. three lakh crore to four banks secretly.

          The election results for four major states have been declared.
           The TC party of Miss. Mamata Banerjee, Railway Minister, has won the election in the West Bengal state. She had been a party to the unconstitutional removal Re. 3 lakh crore from the PF account.
          The ruling DMK under Dr. M. Karunanidhi and the CPI (M) under Mr.V.S. Achuthanandan have been defeated in Tamil Nadu and Kerala states respectively. They could have given freedom to the people.
          The election results are null and void because the Election Commission of India did not ensure FREEDOM of expression. 
 
            Now, there are reports that the Union Government would sell 5 per cent shares of Power Finance Corporation. The shares of the ONGC, SAIL and Hindustan Copper would also be sold from June 2011 onwards to garner Re.40,000 crore.
          It may be recalled that the then Prime Minister of India, Mr. A.B. Vajpayee, convened the Advisory Council of Trade and Industry in September 2001 and informed his decision to use public money for public investments.
However, within two days, the Economic Advisory Council was convened presumably at the instance of the industrialists. They forced him to change the policy.
Within a few days, the Government sold the Computer Maintenance Corporation (CMC), which had been showing a growth rate of 27% in preceding three years, to Tata Sons for Re. 207 crore, a price lower than the market price.
Hindustan Teleprinters Ltd (HTL) –another PSU - was sold to Himachal Futuristic Communication Ltd for Re. 152 crore.
While selling the PSUs, Mr. Vajpayee - for joke - said that the Government was opposed to privatization of profits and socialization of pains.
However, everything would appear like a plot against the nation. So he did not want to do it directly. Further, it was his first experience. Therefore, the privatization of the PSUs shocked him.
However, he wanted to sell the big PSUs at all costs. At the same time, the banks must be asked to lend money to the industrialists without knowing the real purpose.
Further, the banks had not sufficient deposits. In order to enable them to give money to the private parties, the Government had to pump the money of the tax payers into the banks.
He could not reconcile all these with his patriotic principles. Therefore, he had requested Mr. L.K. Advani, Home Minister, to do the job during his foreign tour.
         Thus, in the second week of November, Mr. Vajpayee left New Delhi for a ten-day tour of Russia and the USA. The Cabinet Committee on Disinvestments (CCD) chaired by Mr. L.K. Advani, Home Minister, decided to sell 51 percent equity in Indian Petrochemicals Ltd (IPCL) including 26 percent to a strategic partner in 90 days.
At the same time, Bank of India (BoI) gave an advance of Re. 845 crore to Tata Finance.
 The crucial question was whether Tata took the money for investment purposes or to buy the PSUs. The present writer waited patiently.
After a few months, the IPCL was sold to Reliance Industries Ltd (RIL) and the VSNL to Tata. Each one was worth Re. more than Re. one lakh crore.
The sale of the IPCL was unconstitutional because it had been sold in violation of a guideline for privatization. The sale of the VSNL was unconstitutional because public money had been used to buy it.
This was the genesis.
This is the reason why Mr. L.K. Advani is not opposing the present disinvestment policy of the Government.
  The Supreme Court has been talking about policy decision only to cover up their offence.
Evidently, majority of the leaders of the ruling parties, opposition parties, bureaucrats and the learned judges of the Supreme Court are the confidants of the top industrialists.
Mrs. Pratibha Devesingh Patil, Her Excellency the President of India,  and the armed forces must introspect whether it is their duty to retrieve the nation from them or not. 
The facts from 22 April 2011 to 13 May 2011 are being submitted to Her Excellency the President of India on 14 May 2011.

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