Thursday, January 27, 2011

[rti4empowerment] Government not sincere to bring back money stashed abroad

Government not sincere to bring back money stashed abroad

Milap Choraria

B-5/52, Sector-7, Rohini, New Delhi-110085

Website:  http://milapchoraria.tripod.com/msp  / https://lists.riseup.net/www/arc/rti-times

E-Mail:  milap_choraria@yahoo.com

                                                                                                Dated: 25th January, 2011

 

To,

Hon'ble Mr. Justice B. Sudershan Reddy,

Hon'ble Mr. Justice S. S. Nijjar,

Through Shri A.I.S. Cheema,

Secretary General of Supreme Court,

Supreme Court of India,

New Delhi-110001

 

Sub: Documents in my possession are suggesting that Government is making false claim that it will try to bring back money stashed abroad.

 

Hon'ble Lordships,

 

That on the basis of the documents in possession are strongly suggesting that the Government is making false claim that it will try to bring back money stashed abroad, and therefore, I may, please, be permitted to take a bit of your lordship's very precious and valuable time, so that I may be able to throw light on some very important aspects with regard to the respective PILs being heard by Your Lordships filed by (1) Legal Luminary Sri Ram Jetmalani; and the other (2) by some very prominent citizens of India, raising the issue of Indian Black Money plundered by Indians and kept in safe haven of Swiss Banks. Since the issue has originated from my few Mass Email Messages including dated 10th May, 2008, under heading Indian Black Money in Swiss Banking Systemn" sent to Mr. Pierrg G. Mirabaaud, the then Chairman of Swiss Bankers Association and another Email dated 11th May, 2008 under heading : "Why India silent on German Bank disclosure offer? Sent to President of India and the Prime Minister of India and also posted them in my List: RTI TIMES, and both delivered to about 22,000 Emails IDs including almost all the Members of Parliament, Large Number IAS and IPS Officials as well as NRIs. According to a Secret Report of Swiss Bankers Association, which described the major five countries with citizens from India having $1,456 billion, Russia $470 billion, UK $390 billion, Ukrain $100 billion and China $96 billion, were depositors in Swiss Banking System. However, since then, under the recent changed scenario, citizens from China are becoming fast depositors. In response to one of my message on 13th May, 2008 I received an Email from Shri Juswant Singhji: Ex-Finance Minister of India. These messages were used by Transparency International India Chapter by making a Press Statement, which was followed by the Lead News Item of Times of India with the result that Shri L. K. Advani wrote a Letter to the Prime Minister. I don't know whether or not Sri Ram Jethamalani's and or the aforesaid another PIL discloses that the actual source of all the Information concerning the black money has originated from my aforesaid messages? Photocopies of aforesaid messages dated 10th May, 2008, 11th May, 2008 from me and dated 13th May, 2008 and another regarding letter from Shri L. K. Advani the then Leader of Opposition to Parliament to the Prime Minister of India are annexed herewith and marked as Annexure "A", "B", "C" and "D" respectively.

 

However, this is my Humble Prayer that Your Lordships may be pleased to allow this Letter Petition as another Public Interest Litigation, to adjudicate the matter for the ends of justice.

 

That I have been raising this issue of Indian Black Money in Swiss Banks vehemently, time and again, since 2005, and according to information received under Right to Information Act, 2005, the Government of India at no point of time has been seen to be serious to retrieve this huge amount of Indian Black Money stashed abroad, perhaps because it's the powerful's money, that has been deposited in the Swiss Banks.

 

Hon'ble Lordships, hereinafter, I am explaining the facts, with regard to the aforesaid issue with the supporting documents.

 

The earlier as well as current edition of the OECD Model Tax Convention, updated on 17 July 2008, provides OECD MODEL TAX CONVENTION ON INCOME AND CAPITAL, under its Article 26, under headings : EXCHANGE OF INFORMATION, is limited to Tax Avoidance, and is in no way related to the plundering of Country's actual economic resources, based on economical terrorism, in violation of several UNO Resolutions. Inspite of this, USA has shown a political will and prevailed upon the Government of Switzerland to come under terms to disclose the names of those Americans, who have deposited money in Swiss Banks. Though, as far as USA is concerned it was a very small amount as compared to what is supposed to be from India. In 2005, I submitted a representation to the then Secretary General of UNO Mr. Kofi A. Annan, for imposing sanction against Switzerland, as it's banking secrecy provisions are very much in violation of the very Resolutions of the UN including that of Human Rights, which are as follows:-

 

1.     Vienna Declaration and Program of Action, adopted by the World Conference on Human Rights in Vienna on 25 June 1993,

2.     Resolution 217 A (III) of 10 December 1948 United Nations adopted and proclaimed the Universal Declaration of Human Rights,

3.     Resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 9 International Covenant on Civil and Political Rights,

4.     Resolution 2542 (XXIV) of 11 December 1969 on Social Progress and Development,

5.     Resolution 39/11 of 12 November 1984 Declaration on the Right of Peoples to Peace and security,

6.     Resolution 41/128 of 4 December 1986 Declaration on the Right to Development,

7.     Resolution 2200A (XXI) of 16 December 1966 International Covenant on Economic, Social and Cultural Rights entry into force 3 January 1976, in accordance with article 27,

8.     Resolution 55/2 of 8 September 2000 United Nations Millennium Declaration, all Proclaimed by General Assembly of United Nations Organisations.

     

That in the light of the above this is also very pertinent to point out that as far back as 1975, i. e. some 35 years back, I had raised this very issue of Indian Black Money in Swiss Banks, when Birla's Hindalco had transferred a huge amount of money in Swiss Bank Account, after opening a Bank Account in the name of Ex-Pilot of Shri G. D. Birla, after siphoning off the alleged amount as Commission against Capital Goods purchased from a different currency payment country, which was not permissible under  the then prevailing RBI Guidelines to deposit in different payment currency country. Myself being a Shareholder of Hindalco, had raised this issue, before Mr. G. D. Birla, the then Chairman of Hindalco. At that point of time, I was offered a hefty sum by a Hindalco Agent Mr. Tejraj since deceased (Partner of M/S. Jugraj Tejraj of 2, Portugease Church Street, Kolkata). This offer was made in presence of Sri A. K. Agarwal (at the time of the said offer, I was not aware about his identity and name and that he was holding a high Office in Hindalco, who either then held or subsequently promoted as President of Hindalco and then made Chairman of INDAL by Hindalco management, when INDAL was acquired by Hindalco). I also received life threats, which I pointed out to the then Prime Minister Smt. Indira Gandhi and also received legal notice from a renowned Mumbai Law Firm, on behalf of Chairman of Hindalco: obviously then was Shri G. D. Birla. The matter of plight of Indian Money was also published by Economic Times, under heading "Shareholde's Rights". (Photocopy of the News Item is attached/enclosed herewith and marked as Annexure "B"). Hindalco also blacklisted my SSI Unit for supply of Raw Materials. I can justify all these facts.

 

Thereafter, I was made to suffer a lot of problems for a pretty long period. However, in or about March 2005, I decided to raise this issue again and sent a representation to Swiss Embassy giving Notice for 'Fast unto Death' outside Swiss Embassy with Copies to the President, the Prime Minister of India and also sent repeated representations to the Secretary-General of UNO, and some heads of Nations/ and also Members of UN Human Rights Council, having its Head quarter in Geneva, again with the copies to the President, the Prime Minister and the Finance Minister of India. In response to such representations, I received a communication on behalf of the then President of world Bank and also came automatic responses from the Swiss and British Government. Further, under Right to Information Act, 2005, President's Secretariat and Prime Minister's Office has also acknowledged that they had received my representations and have also acknowledged that the then President's Secretary Mr. P M Nair, vide his two letters No. 01-Secy/2005 dated 14 May, 2005, to the then Police Commissioner Dr. K. K. Paul, and to Smt. Shashi Tripathi, Secretary (West) Ministry of External Affairs had sent such representations, asking him to see that "Kindly look at the issue in the context of the President's forthcoming State Visit to Switzerland, … … there will be no cause for embarrassment", throws ample light on the Government's mindsets about Indian Black Money in Switzerland. I have also received information acknowledging that the Prime Minister's Office had received such representations, while admitting that such representations were weeded out because of the limitation of period for preservation of documents, clearly reflects that the Prime Minister or the Prime Minister's Office deliberately did not take any action even to try to collect the requisite information about Indian Black Money deposited in Swiss Banks. In this respect, I am annexing herewith photocopies of following representations:-

1)    Online Petition addressed to the then Secretary General of UNO Shri Kofi A. Annan requesting thereby that "Security Council should impose sanction against Swiss Government.", and marked as annexure "E";

2)    Representation dated 9th May 2005, 1st July 2005 made to His Excellency President of Federal Republic of Switzerland through Swiss Ambassador to India and marked as annexure "F";

3)    Representation dated 18th May 2005, made to His Excellency President of Federal Republic of Switzerland Mr. Samuel Schmid, and others and marked as annexure "G";

4)    Representation dated 1st July 2005, made to His Excellency Mr. Kofi A. Annan, Secretary General of UNO and marked as annexure "H";

5)    Another copy of the aforesaid Representation dated 1st July 2005, made to His Excellency Mr. Kofi A. Annan, Secretary General of UNO, which was also posted to Permanent Mission of Countries in Geneva and marked as annexure "I";

6)    Representation dated 12th July 2005, made to His Excellency President of Federal Republic of Switzerland Mr. Samuel Schmid, and others being Appeal to People of Switzerland and marked as annexure "J";

7)     Representation dated 1st July 2005, made to His Excellency Mr. Kofi A. Annan, Secretary General of UNO under remarks on top that it is clear evidence proving Swiss Banking Privacy is not just causing threats to soveringnity of a country but also causing threats to very object to existence of UNO and marked as annexure "K".

All the above representations are also posted to President and Prime Minister of India, and others.

 

That the recent information received under Right to Information Act, 2005, from the President's Secretariat, and Prime Minister's Office, just suggesting that they had received my representations but failed to supply any information that they have taken any action on my large number representations. The Prime Minister's Office replied by Memo Letter No. RTI?3332/2010-PMR dated 11th November, 2010 signed by one Mr. Salil Kumar, Under Secretary given information interalia that "According to computerized records, one letter dated nil of Shri Milap Choraria was received in this office on 30.03.2005. The files of year 2005 have been weeded out in September 2010… … ". In another paragraph it informed interalia, that "No action on Shri Milap Choraria's letter dated nil was deemed to be warranted by this office in view of the guidelines followed by this … …"  givings clear indication that Prime Minister's Office have done nothing, on this very sensitive matter, on mere technical grounds. 

 

Very recently also, on 5th December, 2010 I have submitted a representation to the Hon'ble Prime Minister to get enquired the issue of Money allegedly Deposited by KGB a USSR secret service in the name of Sri Rahul Gandhi and controlled by Smt. Sonia Gandhi and another matter regarding Rahul Gandhi along with a huge sum of money was detained in 2001, at Boston Airport of USA, as published/ advertisement in a full page, in the New York Times, carrying all those allegations along with a few others as well, which naturally were a great cause of embarrassment especially for those Indian who were residing abroad. It is further intriguing to note that Smt. Sonia Gandhi, instead of taking this umbrage personally and filing herself the defamation suits, chose the secondary route to file Defamation Suits only through an Organisation of Congress Party, with the obvious result that each of such defamation Suit was dismissed by the USA Courts. It is not known whether the Prime Minister ever thought of taking the trouble for any action on my aforesaid representation. The covering part of the aforesaid representation and photocopy of the said Full Page Advertisement are being annexed herewith and marked as annexure "L" Collectively.

 

That the aforesaid matters pertaining to KGB payment and with regard to the Boston Airport incident are also published in various Websites which are causing a peculiar, sensitive and embarrassing situation for each and every Indian travelling abroad. In support of the aforesaid I am annexing herewith one such posting in an important Website and marked as annexure "M". Till date the aforesaid matters regarding KGB Payments and Boston Airport incidence are also posted in worldwide renowned Website : http://en.wikipedia.org/wiki/Rahul_Gandhi, and would be available till it does not get removed, which states as follows:-

Controversies- Swiss bank account

Swiss magazine Schweizer Illustrierte [2] in 11 November 1991 revealed that Rahul was the beneficiary of accounts worth $2 billion dollars controlled by his mother Sonia Gandhi.[38][39]

Harvard scholar Yevgenia Albats cited KGB correspondence about payments to Rajiv Gandhi and his family, which had been arranged by Viktor Chebrikov,[40][41][42] which shows that KGB chief Viktor Chebrikov sought in writing an "authorization to make payments in US dollars to the family members of Rajiv Gandhi, namely Sonia Gandhi, Rahul Gandhi and Paola Maino, mother of Sonia Gandhi" from the CPSU in December 1985. Payments were authorized by a resolution, CPSU/CC/No 11228/3 dated 20/12/1985; and endorsed by the USSR Council of Ministers in Directive No 2633/Rs dated 20/12/1985. These payments had been coming since 1971, as payments received by Sonia Gandhi's family and "have been audited in CPSU/CC resolution No 11187/22 OP dated 10/12/1984.[40] In 1992 the media confronted the Russian government with the Albats disclosure. The Russian government confirmed the veracity of the disclosure and defended it as necessary for "Soviet ideological interest."[41][42]

Niira Radia tapes

In secretly taped recordings released in November 2010, Rahul Gandhi's name comes up in a conversation between lobbyist Niira Radia and Mani Shankar Aiyar, a Congress Party politician. Aiyar can be heard to say that "... wo Daya kaa aur Rahul ko kuch business interest hai toh (If Daya and Rahul have a business interest then) that always is an issue ..." (in Ministers' portfolio allocations).[43] Aiyar is further heard saying that the business interests between the two ended after Maran said something inappropriate mistakenly in 2006 ("Kuch software software… kuch to. Sab business interest hai kuch… dono ka. Jab ye mantri thaa naa tabhi ek baar ghalti se iske munh se kuch nikal gaya." Translation: Don't know. Some software thing. Something. There's some business interest, both have. When he was a Minister, then only he happened to say leak out something by mistake).[44][45]

Boston Airport issue

In 2005 Four lawyers including Prem Chandra Sharma filed a public litigation petition in the High Court. They requested that information be made available to the public in regard to an incident on September 21, 2001 at Boston Airport where Rahul Gandhi and his Spanish girlfriend Veronique[46] were detained by the FBI for questioning, and verification if Mr. Gandhi was carrying $200,000 in cash which he was unable to explain to the airport authorities.[47][48]

The lawyers provided further evidence that Mr. Gandhi's release may have been secured by Brijesh Mishra the then principal secretary to the Prime Minister. The petition sought a writ of mandamus to the Indian ambassador to the US and the Union Home Secretary to make a disclosure about the episode.[47] However previously, The Hindu newspaper had reported that according to "a senior" Indian diplomat there had been no involvement by the Indian envoy to the US in the matter.[48] ^ a b ("Was Rahul Gandhi detained by FBI?". Chennai, India: The Hindu. 29 September 2001. http://www.hindu.com/thehindu/2001/09/30/stories/02300003.htm. Retrieved 7 April 2010.).

A list of major Scams in India since 1948, with respective references are also posted in the aforesaid Website: http://en.wikipedia.org/wiki/Scams_in_India under the heading: Major Scams as of January 21, 2011, and name of such scams are described as follows:

 

  1.  (1948)Jeep Scandal.[61][62]
  2. Haridas Mundhra Scandal ( 1957).[63][64]
  3. K D Malaviya-Sirajuddin Oil Scandal.[61][65][66]
  4. 1971 Nagarwala Scandal.[67][68]
  5. 1975: Declaration of Emergency.[69]
  6. Sukhna Land Scandal.[70][71][72][73] [74]
  7. Oil for Food Programme Scam.[75][76]
  8. Barak Missile Scandal.[77][78]
  9. Palmolein Oil Scam.[79][80]
  10. Initial Public Offer(IPO) Scam.[81][82]
  11. Mining Scams.[83][84]
  12. Bitumen Scam.[85][86]
  13. Cement Scandal.[87][88]
  14. IPL Scam.[89][90]
  15. Animal Husbandry Scam.[91][92]
  16. Satyam Software Services Scam.[93][94]
  17. Tansi Land Scam.[95][96]
  18. ULIP Insurance Scam.[97][98]
  19. Cash For Votes Scandal.[99][100]
  20. RBG Resources Scam.[101][102]
  21. Bangalore - Mysore Infrastructure Corridor Fraud.[103][104]
  22. Bofors Scam.[105][106]
  23. Haji Scams.[107][108]
  24. Animal Fodder Scam.[108][109]
  25. Human Trafficking Scam.[110][111]
  26. Churhat Lottery Scam.[112][113]
  27. Telgi Stamp Papers Scam.[114][115]
  28. Urea Scam.[116][117]
  29. St Kitts Forgery.[118][119]
  30. Anantnag Transport Subsidy Scam.[69][120]
  31. Yugoslav Dinar Scam[121][122]
  32. Kargil and Coffin Scam.[123][124]
  33. Uday Goyal Arrow Global Agrotech Scam.[125][126]
  34. Emaar Scam.[127][128]
  35. Spiritual Guru Scams.[129][130]
  36. HDW Submarine Scandal.[131][132]
  37. Kashmir Sex Racket Scam.[133][134]
  38. Babri and Ram Mandir Scam.[135][136]
  39. Land Acquisition Scams on name of SEZ with harassment false cases.[137][138]
  40. Profident Fund Scam with Current corrupted Judges in both Supreme Court and High Court.[139][140]
  41. Ketan Parek Stock Market Scam.[141][142]
  42. Bansali Scam.[143][144]
  43. Cobbler and Shoes Scam.[145][146]
  44. Nagarjuna Finance Scam.[147][148]
  45. Dalmia DSQ Software Scam.[149][150]
  46. UTI Scam.[140][151]
  47. Uday Goyal Scam.[125][152]
  48. Letter of Credit (LOC) Scam.[121][153]
  49. Sanjay Agrawal Home Trade Scam.Scam.[154][155]
  50. LIC Insurance Scam.[156][157]
  51. Harshad Mehta Stock Market Scam.[158][159]
  52. Suflam Sujalam Scam.[160]
  53. Madhavpura Mercantile Cooperative Bank (MMCB) Scam.[161][162]
  54. Hawala Transaction Scams.[121][163]
  55. Global Trust Bank Scam and Bankruptcy.[164][165]
  56. Charminar Cooperative Urban Bank (CCUB) Scam and Bankruptcy.[166][167]
  57. Vasavi Bank Scam and Bankruptcy.[168][169]
  58. Krushi Cooperative Urban Bank (KCUB) Scam.[170][171]
  59. Prudential Bank Scam and Bankruptcy.[172][173]
  60. Nagpur District Central Cooperative Bank (NDCCB) Scam.[173][174]
  61. 2010 housing loan scam.[175][176]
  62. Sugar Import Scam.[177][178]
  63. Preferential Allotment Scam.[179]
  64. Meghalaya Forest Scam.[179]
  65. Fertiliser Import Scam.[179][180]
  66. Telecom Scam.[181][182]
  67. SNC Lavalin Power Project Scam.[183][184]
  68. Teak Plantation Swindle Scam.[185][186]
  69. Scorpene Submarine Scam.[187][188]
  70. Taj Corridor Scam.[189][190]
  71. Army Ration Pilferage Scam.[191][192]
  72. State Bank of Saurashtra Scam.[193][194]
  73. Flood Relief Scam.[195][196][197]
  74. Rice Export Scam.[198][199]
  75. Bulletproof Jackets Scam.[200][201]
  76. MCD Pension Scam.[202][203]
  77. AICTE Scam.[204][205]
  78. Medical Council of India(MCI) Scam.[206][207]
  79. Rail Recruitment Scam.[208][209]
  80. NREGA Scam.[210][211]
  81. Siachen Scam.[212][213]
  82. J & K Milk Scam.[214][215]
  83. Gorshkov Scam.[216][217]
  84. MPLAD Scam.[218][219]
  85. Public Distribution System(PDS) Scam.[220][221]
  86. Rajya Sabha Vote Scam.[222][223]
  87. Cash for Questions in Parliament Scam.[224][225][226]
  88. City Limouzine & Realcom Scam.[227][228][229]
  89. Common Wealth Games(CWG) Corruption.[230][231]
  90. Adarsh Housing Society Scam.[232][233]
  91. 2G spectrum scam.[234][235]
  92. Citibank Fraud.[236]
  93. Tax Evasion Scam.[237][238][239]

The main problem is that till the Government is not ready to accept that whatsoever high and mighty you might be, you are not above the law, till then the Indian Money plundered from Indian Economy, after making a large number of people to live under the conditions of starvation, cannot be retrieved from Foreign Banks, majority of such money is deposited in Swiss Banks. In fact since 1948 all the scams including aforesaid listed are required to be enquired into with the political will to take the enquiry to its logical conclusions that whether scammers has deposited money in Swiss Bank or not.

I hope that Your Lordship will consider all the above facts and allow my this letter petition as a PIL in the larger public interests and for sake of the Rule of Law that "whatsoever high and mighty you might be, you are not above the law".  

 

With Best Regards,

Yours faithfully,

 

 

(Milap Choraria)

Copies of the covering Letters to

Dr. Manmohan Singh, Hon'ble Prime Minister of India,

Shri Pranab Mukherjee, Hon'ble Finance Minister of India,

Shri Ramjethmalani, Renowned Legal Luminary, and Petitioner of one of the PIL.

 

 

 

(Milap Choraria)

 



--
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TRUTH SHALL ALWAYS PREVAIL

Milap Choraria
:National Convenor : Movement for Accountability to Public (MAP)
http://milapchoraria.tripod.com/msp
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