Thousand ways for noteless and white ways to take bribes

Moderators: kmoksha, sumit

Posts: 593
Joined: Sun Sep 12, 2010 2:49 pm

Re: Thousand ways for noteless and white ways to take bribes

Post by kmoksha » Thu Jul 14, 2011 2:18 pm

From Posting in full as the URL is not archived:

UP wheat traders bypass mandis

...Govt loses Rs 48 cr in trade tax; probe ordered

Vast stocks of wheat produced in the country, especially in Uttar Pradesh, don't reach the mandis. Private players ship away the grain directly from farms to evade taxes. Not only does the Government lose revenue, there is no way of knowing who is holding what quantity of wheat. The Food Ministry has set up an inquiry committee to look into unaccounted stock.

Of the 255 lakh tonne wheat produced in Uttar Pradesh, only 7.5 lakh tonne has made it to the grain mandis this year. Of these, Food Corporation of India (FCI) has procured only 1.5 lakh tonne against a target of 15 lakh tonne this year. Even if farmers are presumably retaining grain for sowing in the next season, as is the usual practice in the region, and for local consumption, it still leaves most of the stock unaccounted for.

"It is presumed that the private traders are picking up stock directly from the farmer to evade mandi and trade tax. We have written to the State Government several times but there has been no response so far. The Food Ministry has set up a committee to look into the mater," said Siraj Hussain, joint secretary who looks after procurement on behalf of the department of food and public distribution.

A committee headed by additional secretary Vivek Mehrotra is likely to visit the State in the next couple of days to discuss the matter with the newly-appointed Mayawati Government. The Ministry was shaken out of complacency after it failed to procure enough wheat for the buffer and forced to import another 10 lakh tonne of wheat this year in addition to 50 lakh tonne that was imported last year.

Even accounting for stocks held by farmers, the Food Ministry estimates that at least 100 lakh tonne should come to the mandis. At 6.5 per cent tax on the grain trade, the State Government stands to lose about Rs 48 crore in revenue for trade it has no knowledge of.

The Agriculture Produce Marketing Committee Act (APMC) requires foodgrain to be traded, by private or public companies, through the grain mandis. The amended Act provides for trading at private grain markets after paying mandi tax.

In the wake of steep wheat prices, private traders are offering better price to farmers than the minimum support price. Trade watchers explain that after the deal is struck, traders do not immediately move the stock, but ask farmer to hold it for them. The stock is slowly moved out by the trader, by-passing the mandis and evading tax. In case of Uttar Pradesh, most of the grain is traded in this fashion, showing only a small fraction arriving into mandis.

The illegal move will significantly affect price stabilisation. With poor stock in its kitty, the FCI has poor leverage in stabilising wheat prices. The unaccounted stock with private sector will continue to push prices up. Much before the Government announced wheat imports last year, traders had already started pushing the prices up. This year, too, the story is likely to repeat itself and force consumers to spend more for food.

FAKE CURRENCY SCAM- ... f2A#at=177


Chidambaram-Vedanta Scam- Vedanta scandal back to haunt FM
Author: Navin Upadhyay
Publication: The Pioneer
Date: November 24, 2006

...Why is Govt dragging its feet on recovering huge tax dues?

Damning allegation involving a Vedanta group company is back to haunt Finance Minister P Chidambaram.

Documents with *The Pioneer* reveal that the Finance Ministry has dragged its feet on recovering huge amounts of Central Excise and Custom Duties from the Aurangabad-based Vedanta group company, M/s Sterlite Optical Technologists Ltd (SOTL).

Mr Chidambaram represented the company in the Bombay High Court in 2003, before he became the Finance Minister. He was also a member of the board of directors of the company.

An anonymous letter sent to a number of politicians earlier this year disclosed that M/s SOTL, a 100 per cent Export Oriented Unit (EOU), sold its entire supply through its domestic unit in the country, and defrauded the Government of huge amounts of Central Excise and Custom Duties. M/s SOTL was also alleged to have capitalised on import duty exemption on exported-oriented capital goods, which was used for manufacturing.

The letter showed that SOTL imported capital goods worth Rs 122 crore and raw materials on executing bond on Rs 145 crore, which covered the amount of duty-free imports. As per clause (4) of the notification No. 53/97, which allows duty free imports, all 100 per cent EOUs are required to export their entire production.

On a tip off, Central Excise officials raided M/s SOTL's premises on September 3, 2002 and discovered fibre optics manufactured in the EOU having been moved to the adjoining domestic unit. The excise officials also found that "huge quantities of goods were cleared from EOU without payment of any duty." It was also found that raw materials imported duty free, were not actually used in the production of goods for export.

When the probe was underway, M/s SOTL filed a writ petition (No. 5884/02) in the Bombay High court seeking stay on the tax proceedings. Mr Chidambaram and his wife, who is also a lawyer, represented Sterlite in the court, which dismissed the petition without relief on August 13, 2003.

After completion of the investigation, the Excise and Customs Commissioner of Aurangabad directed M/s SOTL to pay Rs 240.4 crore of Central Excise and Rs 9.26 crore of Customs Duty including fine and penalty on July 11, 2003. On Sterlite's appeal, the Central Excise component was brought down to Rs 199 crore.

However, so far M/s Sterlite has not cleared the tax liabilities. In reply to a letter from Samajwadi Party general-secretary Amar Singh, who followed up the matter when it was brought to his notice, the Finance Minister said on November 9 this year that the matter was subjudice and the court had stayed the demand made on M/s SOTL. The Mumbai court had also transferred the case to Aurangabad Bench. Incidentally, Mr Chidambaram had argued for the stay and was successful in obtaining it.

While the Finance Minister has claimed that the department instructed the counsel to file an application before the Chief Justice of the Bombay High Court seeking transfer of the matter to a bench of the High Court dealing with revenue matters on a regular basis, it is not clear when the instruction was issued and when it was complied with. It is also apparent that the Finance Ministry has not taken any serious steps to get the stay vacated and recover the dues.

Second, since Sterlite has been accused of using imported capital goods for manufacturing domestic products, it may have been liable to pay duty of Rs 69 crore on capital goods and Rs 6.93 crore on raw materials. But the Custom and Excise Commissioner passed no order to recover the amount.

The Commissioner also did not enforce the bond of Rs 145 crore, executed by M/s SOTL to cover the amount of duty involved in bringing in duty free imports.

Touching this aspect in his reply to Mr Amar Singh, the Finance Minister has stated that the Director General of Foreign Trade (DGFT) will decide the issue before the customs authorities could pass a fresh adjudication order. Mr Chidambaram says that he has requested the DGFT to make an early 'determination' so that further action could be taken to re-adjudicate the Customs Duty liability.

It is baffling that, DGFT, which comes under the Finance Ministry, has been dragging its feet despite Mr Chidambaram's claim of personal interest in expediting the matter!

While he cannot be faulted for taking up any case as an advocate when he was not the Finance Minister, it is surprising that since assuming ministerial office Mr Chidambaram has not initiated any significant effort to recover the massive dues to the Government. The matter has now been brought to the notice of the Prime Minister, the Chief Vigilance Commissioner (CVC) and the CBI. They have acknowledged receipt of the complaint and are presumably inquiring into it.

In the Monsoon Session of Parliament, the Finance Minister was in the line of fire from the Samajwadi Party, the AIADMK, and TDP over disclosures in a book, Vedanta's Billions, that he had served as a director of a company Vedanta Resources, and drawn huge perks. Mr Chidambaram reportedly drew US $ 70,000 annually as non-executive director of the company.

The author of the book, R Poddar, also claimed there was a 1,000 per cent rise in the share of Sterlite during 2003 when Mr Chidambaram was on the board of Vedanta Resources.
This example shows exemptions of duties on imports were received by a exporting company and the production was not exported at all but diverted towards the domestic unit of Vedanta. Chidambaram was a director before he became in this company before he became finance minister and even during his term of finance minister has deliberately delayed recovery by the customs, Director general of foreign trade, which comes under the finance ministry.
Now the question is : why didnt the babu (officials like lokpal etc) take the appropriate action? Becuase judges DO NOT expel such defunct babus and so babus continue to behave like defunct. If judges were to expel some of the defunt babus,... the other babus would reduce their defunctness.

Now question is : why the judge does NOT expel defunct babus? Answer is : NEXUSES. The babus give tons of favors to judges. eg judges relatives get appointed as Public Prosecutors and get fat cases from govt where they can make millions by losing. So judges allow defunct babus to continue.
(In West, the babu's defunctness' case would have gone to the JURORS. Since the Jurors do not have nexuses, they would promptly expel the babu. Since babu knows that Jurors are NOT nexused, he stays within limit, and so he is NOT as defunct as babu in India) .
One reason why criminals are multuplying in numbers is becuase judges dont punish them due to their nexuses with criminals via lawyers. So when ppl see criminals getting bail and walking out free, more and more ppl become criminals, and so ...more crimes and so more court cases. As there are more criminals, police is burdened, and so are courts.

So here too, it is judges who are increasing burden on police and courts, NOT other way round.
Previously, from 1951 to 1991, PM used to appoint SCjs and SC-Cj. Then in 1991 the judges all of a sudden found that it was unconstitutional !!! After 40 years, they found that constitution says that SCjs will appoint SCjs and outgoing SC-C...j will appoint SC-Cj. Isn't amazing? It took them 40 years to discover this fact? The constitution says "Prez (PM) will appoint SCjs after consultation with SC-Cj". And the judge in 1991 realized that word "consultation" means binding !!! They must be having 4 digit IQ. Because everyone with 2 digit IQ, like myself, says, consultation means an optional advice.

Then SCjs had to come up with a rule by which they can decide which of them will become Chief justice of India. So the rule they made was "seniority" SCj(supreme court judge).

Posts: 593
Joined: Sun Sep 12, 2010 2:49 pm

Re: Thousand ways for noteless and white ways to take bribes

Post by kmoksha » Thu Jul 14, 2011 2:36 pm

The judges have screwed up nation 10 times more than politicians can do. Walk into any lower court and you will see how corrupt, nepotic etc judges are. They put policemen to shame. In fact, in Transparency International survey, commons rated judges as No.2 corrupt people in the list of some 20 groups of officers (policemen, judges, GoI school staff, GoI Hospital staff, PDS etc). So much for judges saving us out.
SCjs and HCjs are already abusing their powers.

Look the list of people who get appointed as SCjs and HCjs, and ask anyone about their relatives. Over 100 out of 99 are nephews, brother etc of eminent judges and eminent lawyers.

In Guj-HC, s...o far, I have enumerated list of 10 lawyers who made mere Rs 500,000 for their first 10-12 years of their practice. Their dad/uncle becomes judges, and boy, within 3 years, it crosses Rs 50 lakhs (thats how much they reported in their income tax returns, and I am trying get a copy of those returns thru unfair means). Within 1-2 years they are able to buy grand houses and posh cars.

SCjs *can* make following changes

a)Anyone whose name is being considered for HCj position, his name will be disclosed 6 months before he is made HCj. So that if anyone in commons has information about his defunctness, they can write it to S...Cjs and also post it on net.

b)Names of all his relatives in current and past judiciary too will be posted on net

Have they done even this? NO. Why not?

Chor ki daadhi mein tinaka ...

The above steps will drastically reduce their ability to promote their relatives into judocracy.

The judges are NOT murderers as such, but helping a murderer in court (the way judge Bhayana helped Manu Sharma) and then acquitting them despite loads of witnesses and evidences is also a serious crime (abetting a killer). And judges help 100s of such killers and extortionists.

Many judges want PM to appoint their relatives as Public Prosecutor. Also, retired judges want position in commissions (human rights, women rights, animal rights, dalit rights, minority rights, law commission etc etc ) and Ministers often these retired judges to ask sitting judges to make favors. And many judges want plain vanilla favors from neta-babu (contracts for their relatives etc). So while PM has no official power, he has collaterals to trade with judges..
The judge, after getting bribes from accused, stall the process for years and years, so that accused gets tons of time and opportunity to threaten the witness.

The witness finally collapses and gives in, and becomes hostile.

And then judges... imprison the witness.

We really are in dark ages now.
In US, judges' names are broadcasted 3-4 months before they become judges, and commons are free to write reasons why that person must not be made judge. Why are Indian judges hostile to disclosing even the names of people who are likely to become judges?

a)The judge J W Singh of Mumbai was taped while having conversation with Chota Shakil, in which he was cutting deal. Despite FSL's testimony that it was JSW's voice, he was acquitted.

b) Justice Shamit Mukherjee asking for women and wine from some criminal

c) Transparency International (TI) survey in which TI asked some 25000 commons of India if judges, policemen, GoI hospitals and some 20 services are corrupt.

The judges came No 2. after policemen in corruption.

(​ted_readings ... 202005.pdf )

d) Both nepotism and corruption are one and the same. For that matter, when you give "daan" to God in a temple, does God personally take it? No. You give it to priest or temple trust or whomever. For that way, most PM too directly dont take bribes, they take it via some agents. Morarji Desai too did NOT directly took bribe, he used his son Kanti Desai for that. ABV used his son-in-law Bhattacharya as middleman in Enron and many such deals.

The judges use their relatives as middleman. Sometimes, if the middleman is son, he may not pass the cut as "advance inheritance" , but still the money is judge's property. The money given to judge-putra should be considered as bribe to the Honorable Judge.

If knowledge of law is of paramount importance, what written test do SCjs take while recruiting HCjs? NONE. So if knowledge of law is so much of issue, why dont judges take written exams? Because if they do, they wont be able to recruit their relatives.

Received this mail- "Understand reliably from Journalists in Europe that Sonia Gandhi &
Company have decamped from India with wealth of SIX Generations of
loot, by Nehru - Gandhi Dynasty, duly converted into Diamonds, Bullion

...In fact, she has shifted residence for good, fearing Egypt type
revolution in India. She took the opportunity of confusion due to
public outrage against Swami Ramdev's kidnapping by police, arrest,
disappearance for almost 12 hours on 4-5 June Black night.

In fact, that attack on Swami Ramdev was pre-planned to avoid any
Egypt type revolution in India, as already two lac people had reported
at Ramlila Grounds on 4th June 2011 and more than five lac more were
expected to join next day.

Sonia Gandhi & Co. was already terrified to her bones, due to largest
ever followings of Swami Ramdev and was already planned & packed to
shift residence with the loot.

When 4 top Ministers failed to convince Baba Ramdev on the Airport on
1st. June 2011, the plans to shift residence were implemented in top

She could easily convert her Loot into Diamonds, Bullion etc.easily in
24 hours, as the whole country was busy wondering for the safety of
Baba Ramdev.

To be on the safe side, Sonia Gandhi & Rahul Gandhi went separately in
two parts, apparently, as the Loot was too much and had to be split
for safe transportation, abroad.

Indian media too knows all this,but is silent. Why, any guesses??"

Posts: 593
Joined: Sun Sep 12, 2010 2:49 pm

Re: Thousand ways for noteless and white ways to take bribes

Post by kmoksha » Thu Jul 14, 2011 2:50 pm

HOW JUDGE BHAYANA`S PROMOTION WAS PURCHASED- The rumors from street lawyers (=facts) I hear are as follows

1)Sri Vinod Sharma, father of Sri Manu Sharma(accused in Jesicca Lal murder case), is worth over Rs 500cr. In addition, Vinod Sharma son-in-law of Late Sri Shankar Dayal Sharma, former President of India. SDS like most respected neta had been nepotic to the core, and so Sharma clan has clan members everywhere -- public prosecution, CBI, babudom, courts etc. I wont be surprised if Sharma clan has members in Delhi HC and SC.

2)Sri Vinod Sharma was using all his money and clout to acquit his son. Each and every member of Sharma clan was also committed to this goal.

3)judge S L Bhayana wanted promotion, like every judge. This was a godsend opportunity. He asked VS to get him a promotion in HC. SLB's record was horribly defunct, and was not given promotion for years and years. Also, to get promotion into HC, there is a long list of judges' relatives and friends and their relatives and it requires hectic lobbying.

4)VS "convinced" the then Delhi HC-Cj to put and lobby for SLB's name. The HCj at that time was judge B C Patel. He is from Gujarat, and should make all Gujaraties proud, that he promoted SLB. As per the rumors=facts, judge B C Patel was to retire in few months and wanted to make a killing before he goes (he knew that he wont get promoted to SC and Bania and Brahmins in Gujarat were lobbying against him, as he was a Patel)

5)Once a Cj approves a name, the other two judges in the HC collegium will not bother. After that, only SC-Cj can reject it. Vinod Sharma "convinced" SC-Cj not to reject judge Bhayana's name

6)So judge Bhayana got promotion.

As per the deal, on the very day promotion letter came from Prez to Delhi HC, judge Bhayana acquitted the criminals. And after making a one line statement (" accused are acquitted") he dismissed the court in 5 minutes, and went straight into the parking lot and drove to Delhi HC to collect his promotion order.

Everything went by the clock ticks.

There was no threat. No one in India, not even Sri Dawoodbhai, has balls to threaten a judge. If a criminal threatens a judge, whole judiciary will turn against him and knock down his whole empire within days. The "communal" or "tribal" feeling, in which an attack on one member is seen as attack on whole community is very strong in our judocracy. This is main reason why no lawyer even made any allegation of nepotism against judges despite publicly available proofs. He knows that judges will get together and ruin his practice within days, not weeks.


The promotions in HC are 100% based on nepotism and favoritism (NFBR as I call it). Till date, I never heard of a case where money changed hands while promoting a judge into HCjs or even lower courts. This was the first case. India's judiciary has now finally entered the era of "cash and carry" promotion regime we have been seeing in police since 1970s.


In the whole episode, there is one more thing to note. Not even one intellectual, such as Shourie or Jetley or anyone, ever ever asked expulsion of judge SLB. Almost all illuminated individuals I meet are hostile to us rustics' demands that Justice Bhayana must be expelled and insist that he must be allowed to continue his term. Even over 100 out of 99 BRites are hostile to expelling judge Bhayana and insist that he must be allowed to continue. The mainstream India, us commons and rustics, wants judge Bhayana to be expelled. While the illuminated, educated, degree holders, articulate, well learned, well read etc support judge Bhayana.

Just take judges for example. They will yell "neta are bad ... neta are bad". Ask them if supports procedure by which we commons can expel CM, PM etc. He will be OPENLY hostile. Well, if neta are bad, why you dont support procedures that ca...n reduce their powers? Well, because that increases the power of us commons. And if the CM is pro-common, this procedure will not decrease his powers. So while judge is anti-neta, he is MORE anti-common than anti-neta. Which why we commons MUST not support judges.

Likewise, ask any neta, who says that judges are bad. He too is hostile to procedure by which we commons can expel/replace judges. Same reasons.
Center blames it on Supreme Court orders- ... 691700.htm

Caste fight is now translating into judges vs neta fight OPENLY. Look the above dialog muttered by CjI and ASG. It would put Saas-Bahu dialog of some Ekta Kapoor's K-serial to shame.

The profit margin in mines are huge, particularly shallow mines like granite stones, marble, shallow coal mines and all you need to run these mines is political contacts and a goonda network. Many of the mines come in forests.

Traditionally the mines were run by upper caste. The netadom is now crowded with OBC MPs and SC/ST MPs while judocracy being self replicating oligarchy is still upper caste. Now as OBC elite and SC/ST elite becomes more powerful, they want mines. And MPs being OBC themselves and interested in mining support them. The upper caste neta too are under pressure. So Ministers started favoring OBC miners. So now UC miners are hitting back using their contacts in judiciary.

Forests and mining are PURELY executive matters. The judges are interfering by citing environment and common good as pretext. So they have established a parallel executive as far as forests go.

Now OBC and SC/ST MPs are planning to bring Constitutional Amendment to have CBR in SC and HCs.

Grab the popcorn folks - the fist fights between neta-judges will get more and more dirty.

why do banks in India use goons for re-collection and not in US?

Because judges in India are defunct. So it goes both ways. The judges dont assist banks in collecting debts and in case a criminal gets arrested, the judges would acquit ...him if he can hire a lawyer close to the judge.

So criminalization of loan-recollection has been due to defunctness of judges.

And same way, the politics has become crime field because of judges. The judges, due to nexuses with lawyers etc, acquit the criminal, and so criminal becomes stronger and forces good guys to flee. So finally voters have only one of the 3-4 criminals to pick from.
Nepotism may be human nature, but "Nepotism prone appointment procedures" are indeed a political weakness. eg Consider appointments of HCjs. If HCjs were elected, there would be no nepotism. But nepotism in HCjs appointment is only because HCjs/SCjs appoint HCjs and hence they pick their relatives.
POLITICIANS,JUDGES GRAB LAND FLOUTING RULES IN BANGALORE It is a shocking tale of nepotism, high-handedness and illegality running amok in Bangalore where encroachment on pu...blic land has become the rule of the day. Over 33,000 persons, including private builders and land dealers in nexus with politicians, police officers, bureaucrats and judges have devoured about 30,000 acres of public land in the cosmopolitan city.

This is the finding of a Joint Committee of Legislature on Land Encroachment in Bangalore City/Urban District. The Committee examined 1,100 complaints, visited 90 spots and conducted 200 internal review meetings before tabling its Second Interim Report to the Karnataka Assembly on July 27 this year.

In the 130-page report (with Annexures), a striking revelation relates to the Karnataka State Judicial Employees House Building Cooperative Society (HBCS). The society was established in 1983 with the objective of providing housing to the employees of judicial department. But in brazen violation of norms, nine Supreme Court judges (including one sitting judge), 75 high court judges, politicians, contractors of public works department, police officials and kith and kin of judges, acquired sites in the society.

This is the second report by the Committee on the encroachments in Bangalore City after the first report was brought out in May 2007. Giving the extent of encroachment under its purview, the report states, "The area under encroachment of the different Government departments and statutory bodies reported as in May 2007 is about 30,000 acres in Bangalore Urban District."

Giving details of the extent of encroachment of public land, the report states that 33,812 persons are in unauthorised occupation of land belonging to various Government departments.

The task carried out by the committee preceded the enactment of the Karnataka Land Grabbing (Prohibition) Bill, 2007 awaiting Presidential assent. This law, once in place, seeks to declare land grabbing as a punishable offence.

The inaction, and in some cases collusion on the part of the Government authorities entrusted to acquire and develop public land, is revealed by the committee comprising 12 members of the State Legislative Assembly, five members of Legislative Council, a Principal Secretary, Additional Secretary and Deputy Secretary of the State Government.

Noting its anguish at the state of affairs existing in the Society, the report said, "The judicial Employees HBCS which should have been a model example for other HBCSs to emulate, has become a cesspool of corruption and lawlessness."

The Judicial Employees HBCS enrolled 3,399 members and 1,353 associate members and allotted 2268 sites, each ranging between Rs 75 lakh to Rs 3 crore. The report said, "This included a large number of sites (measuring dimensions of 80x120, 60x90, 50x80, 40x60), allotted to judges of the Supreme Court, high court, their family members, politicians, contractors, officials like police sub-inspectors who cannot be even 'honorary' judicial officers while many regular primary members were not allotted sites."

Several primary members filed a writ petition in the Karnataka High Court in October 2002 under the Judicial Employees Welfare Association. The HC directed interim stay on distribution of sites. Despite it, the society continued allotting plots in violation of the order when the Association filed a contempt petition. The matter came to the Supreme Court, which stayed the HC order on May 11, 2007. Interestingly, Chief Justice KG Balakrishnan who passed the order, further directed that Justice RV Raveendran, who is named one of the beneficiaries in the report, should not hear the matter as and when the matter is taken up.

While politicians, contractors and police officials are easily to be ruled out as members of a judicial employees society, the report states that judges are "ineligible" to be members in the society. This view finds concurrence with a 1995 Karnataka High Court decision that clearly disentitles high court judges from becoming members of any HBCS.

The HC judgment said, "A reading of Clause 7 of the Byelaws, in our view, by no stretch of imagination can include the judges of high court or Supreme Court (sitting, transferred or retired). Even assuming for a moment that certain judges have been allowed to become members of the society, it may be an irregularity in the conduct of business of the society." (ILR 1995{1} Kar 3139)

The committee found it "disquieting" how judges being constitutional functionaries, protected rightly by privilege under the law would become "employees" and act with such readiness to acquire membership and obtain sites. The Board of Directors of the said society had informed the committee there was a separate application form for judges of high court and Supreme Court set apart from that meant for other members.

The Judicial Employees HBCS has till date taken possession of about 157 acres of land from the Government. Besides it has acquired 36 acres of agricultural land, in violation of the existing Land Reforms Act and operates its registered office in the Karnataka High Court building.

While the committee is inquiring into the irregularities in other HBCSs also, the report cites the example of Judicial Employees HBCS as the 'mother of illegalities'. "It is most unfortunate that the Judicial Employees HBCS...has indulged in acts of favour, cronyism, and capricious indifference to law at will, obviously under the hubris that having High Court judges and powerful persons as its members and beneficiaries will ensure immunity to all its illegal acts."

Posts: 593
Joined: Sun Sep 12, 2010 2:49 pm

Re: Thousand ways for noteless and white ways to take bribes

Post by kmoksha » Thu Jul 14, 2011 2:59 pm

FORMULA OF CORRUPTION- Corruption = (Per capita discretionary powers) * (Opportunity to Form Nexus at individual level) * (other factors)

When persons have discretionary powers and... opportunity to form nexuses, most of them will take bribes. And unless they are too greedy or over confident, they will never ever get caught. eg judges in India almost always use a relative lawyer or an old friend lawyer as a middleman, and so judges never leave any evidences of bribery. Likewise, most income tax babu or most babu take bribes ONLY via CAs or lawyers and never touch the client directly. There is an overhead and a loss, but that ensures that there is no witness or evidence. And even with these trusted friends and relatives, they communicate without direct words. After all, communication is an art of exchanging messages without telling in explicit words. There are some few greedy and over confident judges, PPs, babus etc who want to reduce the overhead and so they speak directly to bribe-giver client , and sometimes get caught. But over time, most babus, judges, PPs, neta etc would learn and deal indirectly only and so corruption will be rampant and yet there will be no "evidence". So "show me the proof that judges take bribes" like arguments are useful in suppressing debates but does improve situation.
Over 90% commons dont have any money to give and have no power to take bribes.The implementing authorities in India re NOT MLAs/MPs/Ministers (secular leaders as you say) but the judges. It is the judges, who by issuing punishments on irres...ponsible babus/policemen decide if babus/policemen will "implement" the law or not. If judges punish/lazy corrupt babus, the babus would reduce corruption and become prompt, and the law will get implemented. So the laws are NOT being implemented in Indias judge as DELIBERARELY do not punish the officers who do not implement the laws.
"HANG THEM ALL" LAW REDUCES CORRUPTION ? When you allow judges to hang people for corruption, the judges ask for MORE bribes for acquittal and the bribe... seekers ask for bribes and they do it indirectly and more smartly. The ONLY problem you will solve with such "hang them all" solutions is petty bribes at most like traffic. And these bribes are not even 1% of total collection. So after 100-1000 or 100,000 hangings, corruption in petty places will reduce by 20%, which is 1% of total, but corruption in courts will go 10 times higher.

Looks like you are assuming that SCjs, HCjs and LCjs are all honest and will not abuse powers. Is that what you are assuming?
Instead all ropes and bullets, I propose truth serum test under Jurors and let Jurors decide punishment of 7 years. That would be sufficient. Keep ropes and bullets for Naxals, Islamists etc only. We dont need ropes and bullets to solve corruption problem.

China hangs 1000s of people for corruption. Yet corruption is rampant in China. In US, max punishment for bribery is 15 years and mostly it is less than that. And yet corruption in US policemen, lower courts, State Govts is far far less tha...n China.

Corruption requires moderate punishments only, not death penalty type extreme. But what is requires is UNIFORM application. And that where Jurors would do better than 10000 investigators you propose. The 10000 investigators aka judges or prosecutors will sell out and promote corruption via relatives within few days of their appointment. So this solution will fail.

As of now, relatives of judges, neta, IPS OPENLY work as brokers. And all get a piece of pie, all protect each other. The separation of power is a nonsense and a useless concept, never existed and surely does not exist anywhere in world as of now.

Fight against corruption MUST start from top. This litany that focus on bottom only is only to create a heaven for people on top. "Focus on corruption at bottom" means fight against Talati. Tahsildaar etc and let IAS, IPS, Ministers, Suprem...e Court judges, HCjs etc mint as much as they want peacefully.

IMO, we should attack the top first. Clean all the Supreme Courts benches first and Central Ministers. Next, clean High Court benches and State Ministers. When that happens, 99% of the corruption at bottom will disappear. And then we take care of the next 1%. But if Supreme Court judges and Central Ministers are all corrupt, then corruption at bottom will never end no matter how much we fight.
The bottom survives because of the top. Its the knowledge that the babu is corrupt which makes it easier for the peon to ask for bribe. ... And forget knowledge, sometimes the top asks bottom to collect money and pass it up. And to indulges into reckless nepotism while recruiting bottom and middle which gives everyone a reason to be corrupt.

Eg why should a lower court judge give up his temptations when he knows that SC-Cj Khare bailed out a convicted wealthy Swiss pedophile? And why should PSI not collect bribes when HomeMin is giving target to each PI , and threatening a transfer is target is not met !!

All this hoopla that we must fight at bottom only and spare the top only ensures that IAS, judges and Ministers and top can collect bribes and also sleep peacefully while we all are busy fighting against Talaties and Tahsildaars.

IS POVERTY MAIN CAUSE OF CORRUPTION? Even the lowest level in Govt is far better off compared to 80% of most commons. And if pov...erty was a reason why a neta-babu-judge-policemen takes bribes, then he would have stopped after making initial few lakhs, but we see that the bribe collection never decreases it only increases.

There are many Govt dept where procedures are so right that Govt employee gets no opportunity to collect bribes. eg consider a bank clerk. He has to pass the cheque in 1-2 days or return it. He has no discretion. So he does not take bribes and lives with lesser money compared to clerks in revenue dept who literally make Rs 100,000 to Rs 10,00,000 in bribes. Now both clerks come from similar background, and yet the bank clerk learns to be content with situation and accepts a mediocre living. Whereas the revenue dept clerk who has opportunity and no fear of punishment runs amok.

And yes, power is so much concentrated at top in that everyone desperately wants himself and his relatives to reach top spots ion judocracy, netadom, babudom etc.

Posts: 593
Joined: Sun Sep 12, 2010 2:49 pm

Re: Thousand ways for noteless and white ways to take bribes

Post by kmoksha » Thu Jul 14, 2011 3:25 pm

LOWER JUDICIARY OFFICER UPSET OVER CORRUPTION RANKING Former Navy chief faces arrest for contempt...
http://articles.timesofindia.indiatimes ... st-warrant
The man who once ruled the waves for the Indian navy has upset a judicial officer way up in the Himalayas. Former Navy chief R H Tahiliani now faces a contempt proceedings before a magistrate in J&K.

His crime: A nationwide survey conducted by the Indian arm of Transparency International, headed by Tahiliani, revealed judiciary was perceived as the most corrupt public service after police.

http://articles.timesofindia.indiatimes ... st-warrant

Former Navy chief faces arrest for contempt

Manoj Mitta

19 Sep, 2006

NEW DELHI: The man who once ruled the waves for the Indian navy has upset a judicial officer way up in the Himalayas. Former Navy chief R H Tahiliani now faces a contempt proceedings before a magistrate in J&K. (*1)

His crime: A nationwide survey conducted by the Indian arm of Transparency International, headed by Tahiliani, revealed judiciary was perceived as the most corrupt public service after police.

Taking umbrage, the magistrate in the little-known town of Kangan initiated contempt proceedings and directed the Delhi police to arrest Tahiliani and produce him in the court on September 27.

The saving grace is that the warrant issued on August 24 gives Tahiliani the option of seeking bail from police and attending court in Kangan on his own on the stipulated date.

In a pre-emptive move, Tahiliani filed a writ petition in the Supreme Court on Monday challenging the validity of not just the arrest warrant but also the contempt case.

The first ground of the challenge is technical: that the magistrate had no jurisdiction because under the law it is only high courts and the SC that are empowered to do so.

It will be more interesting to see how the Supreme Court reacts to Tahiliani's justification for not exempting the judiciary — traditionally regarded as a holy cow — from the survey conducted last year by his organisation to come up with a corruption perception index (CPI).

Contending that the survey was done in a "spirit of reform" to improve governance in 11 public services, Tahiliani said that the unflattering references to the judiciary cannot be classified as contempt or defamatory as it was "really an expression of public opinion" on the functioning of courts.

According to the CPI survey across the country, 79% of the people interacting with the judiciary felt that corruption was prevalent in courts. (*2)

In his petition, Tahiliani pointed out the irony that the report that raised the hackles of the Kashmir magistrate had been released last November by no less an authority than President A P J Abdul Kalam.

Transparency International has been conducting the CPI survey annually in over 100 countries over the last 10 years.

Whatever the outcome in the apex court, this is probably the first instance of a service chief, serving or retired, facing an arrest warrant, that too on a contempt charge. [/Quote]

*1 --- The judiciary has sunk really really low. The person is in Delhi, why cant he be tried in a court in Delhi, given that act was committed in Delhi and NOT in JK. This tactic of filing case in remote corner far far from accused town is a harassment tactic that Nbjprie and criminals have been using harass us commons for ages. But judges stooping so low and filing case in JK shows that judges in India know no lower bound.

*2 ---- The other 21% were scared of contempt law


The judges are MORE corrupt the policemen. Its just that policemen's corruption is more visible. eg how can traffic policemen hide their bribery? Whereas in case of judges, they take bribe strictly via lawyers and their relatives who are mostly lawyers. So commons can see judges taking bribe in public. Also, since number of judges are small, most judges make millions even if they confine themselves to large cases. So many judges take bribes ONLY in large cases and the small cases will eighter get ignored, or get judged by law/biases.


The solution to this mess is TRIVIAL. The commons need to enact a law by which commons can expel/replace/imprison a corrupt judge, and judgements are given by JURORS and not judges. Till then, corruption in courts is here to stay.

रामेश्वर द्वारा कृत-पेट्रोल घोटाला- 2 G से बड़ा मामला : ये लो एक और नया घोटाला!!!!!!!!

कैग की मसौदा रिपोर्ट में तेल एवं गैस अनुबंधों से निजी ...कंपनियों को अनुचित फायदा पहुंचाने के खुलासे के बाद मनमोहन सिंह सरकार घबरा गई है। यह घोटाला 2जी स्...पेक्ट्रम आवंटन घोटाले से भी बड़ा बताया... जा रहा है। केंद्र सरकार ने बचाव के लिए पेट्रोलियम मंत्री एस. जयपाल रेड्डी को मैदान में उतारा। उन्हें प्रेस कान्फ्रेंस में ड्राफ्ट रिपोर्ट में उठाए गए सवालों का जवाब देना था। लेकिन रेड्डी की प्रेस कान्फ्रेंस उनकी इकलौती भांजी का निधन होने की वजह से रद्द कर दी गई। यह आश्चर्यजनक है कि मीडिया को संबोधित करने के लिए गठित मंत्री समूह ने इस मुद्दे पर कुछ भी कहने से इनकार कर दिया है। उनका कहना है कि पहले संबंधित मंत्रालय को रिपोर्ट का जवाब देने दीजिए। अप्रत्याशित फेरबदल से मिले थे संकेत : मुरली देवड़ा को अप्रत्याशित रूप से अपेक्षाकृत लो-प्रोफाइल मंत्रालय में भेजकर रेड्डी को पेट्रोलियम मंत्रालय का जिम्मा सौंपा गया था। तब ही लगा था कि कुछ महत्वपूर्ण होने वाला है। सचिव को भारी उद्योग मंत्रालय में भेज दिया गया था, जहां अपेक्षाकृत कोई काम नहीं होता। इसी तरह पेट्रोलियम और गैस के महत्वपूर्ण मसलों को देख रहे संयुक्त सचिव का ट्रांसफर कर दिया। नए डायरेक्टर जनरल हाइड्रोकार्बन निजी कंपनियों के प्रति बेहद सख्त बताए जाते हैं। सूत्रों के अनुसार जयपाल रेड्डी भी इस मामले में स्पष्टीकरण देने को शुरू में तैयार नहीं थे। वह आरआईएल, केयर्न इंडिया और अन्य कंपनियों से किए गए अनुबंधों के दौरान मंत्री नहीं थे। यहां तक कि सरकार की ओर से सभी मुद्दों पर जूझ रहे कपिल सिब्बल ने भी इस मामले से यह कह कर दूरी बना ली, मेरे हाथ भरे हुए हैं
GUJARAT: LAND SCAM worth Rs 2 LAKH CRORE exposed at KANDLA PORT Harinder Baweja | New Delhi, June 29, 2011 | Updated 18:38 IST ... For years, a scam has been going on in connivance with some local families and some senior Kandla Port Trust and Union Shipping Ministry officials. Headlines Today has exposed the mammoth land scam in which 16,000 acres of prime land were leased out for a mere pittance and the loss to the Indian exchequer has been evaluated at a whopping Rs 200,000 crore by the port's chief vigilance officer.

The port of scam
Kandla Port was built in the 1950s to counter the loss of Karachi to Pakistan following Partition. Today, it is one of the most important ports servicing western India. The Kandla Port Trust owns 2,44,000 acres of land - the biggest tract owned by any port trust authority anywhere in the world. The port limit extends to 849 sq km. So, who was going to miss the nearly 16000 acres of land that got leased out to salt manufacturing firms?

Nearly 16000 acres of land belonging to Kandla Port Trust have been leased out to salt manufacturing firms for as low as Rs 144 per acre as rent as against the accepted norm of 6% of the market value, which runs into crores of rupees.

It would have all stayed under raps if the then KPT Chief Vigilance Officer Manoranjan Kumar had not decided to blow the whistle in 2007. Kumar prepared a detailed report on the lease of land, which he submitted to the Shipping Ministry. The report points out how this land was allotted in a "whimsical" manner by various chairpersons of KPT.

Kumar's report stated that in 1960s and 70s, 16,000 acres were leased out arbitrarily to a few parties on nominal rates, without any valuation or auction. The leases were non-renewable and for a period of 30 years. About 9,000 acres of land were transferred into the possession of a select few families.

Despite the fact that these leases were causing a huge loss to the exchequer while benefiting a few chosen families, the leases were twice renewed in 1996 and 2000 for a period of four years.

In 2004, when 37 of the total 42 leases expired, the lessees conspired with certain KPT officials and senior officials in the Union Ministry of Shipping to get the land back by paying a paltry Rs 149 per acre.

The land is now said to be worth Rs two crore per acre. Kandla Port Trust authorities, however, feel they haven't violated any rule. "As far as the land policy is concerned, it provides renewal of leases. It has prescribed the norm for renewal and accordingly, Kandla Port has acted," says M.A. Bhaskarachar, Dy Chairman, Kandla Port Trust.

For blowing the whistle, Manoranjan Kumar was transferred back to the Textiles Ministry. The case went to court and a PIL was also filed.

In March 2011, the Delhi High Court ordered a CBI probe into the multi-crore land scam at Kandla Port and early in June this year, the CBI told the Delhi HC that it had written to the cabinet secretary, the senior-most bureaucrat, that Rakesh Srivastava, the joint secretary should be transferred from the Union ministry as he might hinder the probe.

Blowing the whistle
Chief Vigilance Officer, Kandla Port Trust, blew the whistle when he sent detailed reports first in August 2007 and then again in July 2008. In his reports, he detailed what was happening. How, beginning in the 1960s, government land, the port trust land, was being leased out in an arbitrary fashion and at great loss.

For at least three years now, the Kandla Port Trust and the Shipping Ministry have been aware of the scam and have chosen to do nothing about it.

What the report said
Headlines Today is in possession of the reports that reveal the extent of the Kandla Port land scam.

After the then Chief Vigilance officer of Kandla Port Manoranjan Kumar flagged the issue, the Centre for Public Interest Litigation petitioned the Delhi HC against this open loot of government resources.

The leases of the land in question was not only renewed in violation of the law, but some of the ownership was also illegally transferred. The fact is that a few families have been reaping the benefit at the expense of the exchequer.

Advocate Prashant Bhushan says the activity was not possible without the connivance of senior officials in the ministry. This land scam has been going on for years now despite adverse reports of the Chief Vigilance Officer. Both the government and the CVC are aware that the lease of most of the 16000 acres expired way back in March 2004, but neither have made any move to try and take the land back from the beneficiaries.

While the government has consistently chosen to ignore the CBI's request, Headlines Today tried to get reactions from Rakesh Srivastava, to no vail.

Not just the joint secretary, ports, but even former chairmen of the Kandla Port are suspected of being involved in the scam. Two former chairmen have been named and their roles are being looked into.

This scam once again raises the crucial question: Why are the Shipping Ministry and the government not interested in reclaiming their own property? The facts have been established and the courts have taken cognizance, but no action is being taken.

Unfazed masters
Around five to six families are effectively in possession of 16,000 acres of land in question. However, far from ready to leave this land which has been leased to them for a paltry amount, the beneficiaries are gearing up for the battle that awaits them.

Nearly 16,000 acres belonging to the Kandla Port Trust were leased out to salt manufacturing firms in 1974. Thirty years later, when the lease came up for renewal, the lease was renewed without any competitive bidding.

Beneficiaries of this lease mainly include five to six big salt players in Kandla. This list includes Friends Salt Works, the Doongharshee Salt Works and a few others. However, these families refuse to accept any wrong doing.

Hiralal Parekh, Director, Doongharshee Salt Works, says, "There is no scandal here. There has been no violation. Kandla Port Trust has renewed this land according to its rules and norms. The board took this decision keeping their land renewal policy in mind."

These groups of beneficiaries are unperturbed. Armed with legal documents, the owners of the Friends Salt Works have already faced a CBI inquiry once into their lease holdings.

Harshendu Vaidya, Director, Friends Salt Works, says, "Friends has already faced one CBI inquiry and they have given us the closure reports. If CBI comes second time, we will co-operate."

The PIL filed in the Delhi HC clearly indicts them of having renewed their leases illegally. However having invested crores of rupees into the business, these salt companies are firm to fight it out in the court.

Vasan: Not aware of CBI letter
Meanwhile, Shipping Minister G.K. Vasan has put the onus of the removal of an official on the cabinet secretary, saying he was "not aware of the CBI letter".

"The matter has to be decided by the cabinet secretary," Vasan told Headlines Today on Wednesday when asked why the government did not move even after the CBI wrote to the cabinet secretary seeking the transfer of joint secretary Rakesh Srivastava from the Union ministry as he might hinder the probe.

Vasan, who also said that the government would come out with new lease rentals, stated the port has begun the eviction proceedings.

The minister also said the government would abide by the court verdict, adding, the scam took place before he took over.

- With Mosiqi Acharya.
Why does the Headlines Today not make the reports it has public, that is show it on its channel and put it on internet ? These types of reports are used to blackmail the parties rather than punish the guilty parties.

Post Reply

Return to “भारत स्वाभिमान - स्वामी रामदेव सम्बंधित चर्चा ; Bharat Swabhiman - Swami Ramdev Related Discussion”