Majeed Memon, appearing for Swan Telecom promoter Shahid Usman Balwa asserted that the CBI's case is based upon the loss to the state exchequer but the government had stated in Parliament that no loss was suffered and instead the tele-density in the country had increased in 2010 from what it was in 2004
New Delhi: Swan Telecom promoter Shahid Usman Balwa Monday demanded in a Delhi court that the Central Bureau of Investigation (CBI) 'must answer' as to what is the actual loss suffered by the state exchequer due to the second generation (2G) spectrum scam, reports PTI.
Opposing framing of corruption and other penal charges against him, Mr Balwa told special CBI judge OP Saini that the agency should have written a letter to the Indian prime minister or the finance minister to know the actual loss to the exchequer due to the scam.
"The CBI must answer as to what is the actual loss to the state exchequer. It (loss) is the basis of the prosecution and it has to be supported with documentation," advocate Majeed Memon, appearing for Mr Balwa, said.
Mr Memon asserted that the CBI's case is based upon the loss to the state exchequer but the government had stated in Parliament that no loss was suffered and instead the tele-density in the country had increased in 2010 from what it was in 2004.
Mr Memon also asked the CBI if any loss has been suffered by the state exchequer, who exactly was responsible for it and up to what extent.
He also said the probe agency must answer whether Swan Telecom was ineligible to get Unified Access Services (UAS) licence in January 2008.
Balwa's counsel also accused the CBI of adopting selective approach in arresting people in the case.
"It is surprising how out of various companies (which got licences for 22 circles) and persons, the CBI picked up A and B and left others. Why are they adopting the selective approach?" Mr Memon asked, accusing CBI of conducting "a biased, selective and discriminatory approach" in the investigation.
"You (CBI) have just picked up one man of your choice from one point and the other from another point. CBI is blowing up the case so that the court would be hesitant to consider liberty of a person even after months. It is guilty of misleading the court," Mr Balwa's counsel told the court.
Mr Memon also asked the CBI to explain as to why former telecom minister A Raja is in jail if ministers belonging to the Bharatiya Janata Party (BJP) or National Democratic Alliance (NDA) government are not in jail despite evolving and following the same policy that Mr Raja had pursued.
Without naming anyone, Mr Memon submitted that MR Balwa is paying the price because of business rivalry.
"I (Mr Balwa) am a successful businessman and thus I am paying the price because of my business rivals. There is a feeling of vengeance (in my business rivals) as I am a threat to my competitors," he said.
Mr Balwa, arrested on 8th February, is presently lodged in Tihar Jail along with other 13 accused including Mr Raja and Dravida Munnettra Kazhagam (DMK) MP Kanimozhi.
Charges of cheating, forgery, criminal conspiracy and corruption have been levelled against Mr Balwa.
The CBI charge-sheet has alleged that bribe money of Rs200 crore had been channelized from Balwa's DB Realty to DMK-run Kalaignar TV through a 'circuitous route' via Cineyug Films and Kusegaon Fruits and Vegetables Pvt Ltd for grant of licence to Mr Balwa's Swan Telecom promoter.
The agency, in its first charge-sheet, has alleged that Balwa along with other co-accused in the case entered into a conspiracy for manipulating the procedure for allocation of spectrum with the aim of favouring companies like Swan Telecom and Unitech Group.
Mr Balwa asked as to why no one ever objected to telecom majors like Airtel, Tata and Vodafone securing licences between 2004 and 2007 at 2001 rates, while grant of 2G licence to him at 2001 prices merely a few months later in 2008 is being questioned.
MR Balwa's counsel pointed out to the special CBI judge that the prices were fixed in 2001 and were followed till 2008.
"May I ask if after 2004, no one talks of giving licences to Tata, Airtel and Vodafone on the same price as fixed in 2001," he said, pointing out that Vodafone was awarded licences to operate in Madhya Pradesh Telecom circle on 2001 rates in March 2007.
"In March 2007, Vodafone was given licence at the price fixed in 2001 and 10 months later (in January 2008) eyebrows are being raised that I got licences at the price of 2001," Mr Memon said.
He will continue arguments opposing framing of corruption and other penal charges against Mr Balwa in the post lunch session.
Till now, the court has heard arguments on behalf of former telecom minister A Raja, his personal secretary RK Chandolia and former telecom secretary Siddhartha Behura opposing framing of charges against them in the 2G spectrum scam.
The MLM company, whose COO is in police custody for alleged money swindling, is desperately trying to allay the fears of its panellists by offering unnamed, unbranded products instead of money, to keep them from filing complaints
Speak Asia, the multi-level marketing (MLM) company which is desperate to keep its flock intact, continues to release half page ads in mainstream dailies. Through these ads the company is requesting its panellists to use the reward points that they have collected to buy certain unbranded or unnamed products, like LCD television sets in lieu of money. But many do not seem to be interested in these products and they are demanding their money back immediately.
Following the arrest of Taral Bajpai, the chief operating officer (COO), and some others by the Economic Offences Wing (EOW) of the Mumbai Police, "proud to be Speak Asians" have been demoralised. Some of them who are desperate for the money could file complaints against the company for duping them. In order to allay fears of its panellists and to try to stop them from filing complaints against it, Speak Asia is offering products that have also been advertised on its website.
Interestingly, following the arrests, Speak Asia's newly-hired chief executive Manoj Kumar Sharma is still untraceable. However, the company's website has released a video of Mr Sharma, shot at an undisclosed location. In the video, Mr Sharma assures the company's agents about opening an office in India very soon. This is nothing new, as various officials have been repeating this since it started its activities in India a year ago. Speak Asia's global CEO and founder Haren Kaur has not been reachable.
(A couple of lines posted on Twitter about this video read: "Meanwhile Speak Asia CEO Manoj Kumar has released a video from an undisclosed location. Seems to be truly inspired by Osama.")
Mr Sharma also says in the video that he has been travelling on business tours over the past ten days and that he would be back in India soon. Criticising the media for deliberately spreading false rumours about the company, he said Speak Asia has been victimised through a "malicious and unsubstantiated" campaign by news channels and other vested interests. He said that the company is formalising its operations in India to open offices that will help to grow the business.
According to a media report, Dilip Cherian, the owner of public relations firm Perfect Relations, which claimed to handle Speak Asia's public relations and media image management, has also been questioned by the authorities in Delhi after the sudden disappearance of Mr Sharma. It seems that when the persons arrested were being brought to Mumbai last week, some investors protested at the Mumbai airport on their arrival, and this information was released to the media by the PR agency.
Moneylife was the first to write about the dubious claims made by Speak Asia and almost every article attracted numerous comments, many of them abusive and derogatory. However, there hasn't been a single such abusive comment since the arrests.
As Moneylife has already reported, Speak Asia now owes around Rs2,280 crore by way of payments to about 19 lakh panellists it has enrolled as of 31th July and there could be other older dues piled up (like payments to newspapers for publishing the company's advertisements).
Some panellists explained that the company was offering products in lieu of reward points (1 reward point=Rs50). But since Speak Asia had very few products, many have not been happy about buying what is available and they have also been voicing their discontent on the internet.
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We have not had an accident-free year for a long time now. The Indian Railways gives administrative solutions to technical problems and finds technical reasons to escape the administration's accountability. Local, low-cost solutions already in the possession of the Indian Railways are never used
Another railway accident has taken place in West Bengal—an express train from Guwahati derailed and collided into a local train on 31st July (Sunday), killing one person and injuring at least 38 people.
The so called "vital" signal systems were in operation, with innumerable staff maintaining the same. But when "non-vital", non-signal equipment like our own Raksha Kavach has been ready for more than a decade now, the RDSO (the Research Design and Standards Organization) keeps on conducting umpteen number of unending proving tests and trials, treating it as a standalone system. But the Raksha Kavach was just an additional layer to the existing system. It was supposed to augment, not replace a vital system. The Kavach was just supposed to plug holes in our railway system, at a low cost. But the goalposts keep getting shifted every time the intelligent device proves itself; it becomes a case of ego massage to try to get the authorities to approve the installation of this system.
But why is that? One ‘unfortunate’ aspect it that the Raksha Kavach is from India, from another railwayman. As per the current line of official reasoning, how can a colleague do the some thing that the railway authorities have failed to do all these years? Again, the Kavach comes at a low cost. The Railway Budget cannot build its empire if funds are slashed for indigenous anti-collision devices (ACDs). And since the Kavach is not of foreign origin, railway officials cannot get foreign junkets for training. On the top of this, this ACD technology can be a huge threat to the grandiose plans of the concerned department to go on an import spree, all in the name of safety.
There is one more serious structural deficiency which has not been brought out in public till now.
Raksha Kavach or the ACD is only one victim of this deficiency. Over the last 50 years, the Indian Railways has not produced any thing worthwhile from the RDSO, which is its premier R&D technical centre, unique in the world with all disciplines under one roof and dedicated with an annual budget of more than
Rs30 crore to Rs40 crore, spread over a beautiful colony in Lucknow. No one has seriously considered to identify what is ailing the RDSCO and correcting the same. The last attempt was by the late Madhavrao Scindia, who, as Railway Minister, prepared a restructuring report for the RDSO, which looked at ways to improve its working. As luck would have it, I was the principal contributor to the effort at that time, in 1986.
Maybe it is time the general public also know the real problem debilitating the railway from getting out of its rut.
For railway personnel, an accident and determination of cause of the mishap is always a cause for provocation; invariably, battle lines are drawn between departments.
Rarely is the truth revealed. The technical fights are taken to the hollowed portals of the RDSO too, which is supposed to be a technical body, but there too, the same field attitudes prevail.
Logical updating of criteria for evaluating safety of track-vehicle interaction and safety certification process by RDSO for clearing new rolling stock have never been done.
The case of the CRT wagon which got introduced despite poor oscillation and trial results can never be forgotten. A number of derailments—along with the huge cost entailed, over a decade, finally forced the powers-that-be to dump all these thousands of wagons. The way track engineers too fight not to budge from their poor track standards in earlier years, forced a director for wagons in the RDSO, to introduce BOX-N ( a wagon with high un-sprung mass and hard riding on tracks to wear out rails), to "destroy" tracks, which he told me, with a wink, at that time. Then track engineers went about introducing 90UTS rails. The expensive games our people pay cost the nation huge sums of money.
Confrontations, arguments and debates do shake up the system; but these should not necessarily be done at a high cost to the system and with bad blood.
Frequency domain analysis and advanced mathematical modelling for simulating the conditions which are not possible to cover by the limited few kilometres of tests with limited parametric variations, never got off the ground. Safety case analysis is less than satisfactory by international standards. Resistance was and is phenomenal.
The core problem is that RDSO is that it is trying to function as the technical authority with no training except for field training for its incumbents occupying and warming the chairs, thereby becoming experts—who somehow spend time to go back to the field to seek career opportunities. True, none joined service to become professors or scientists or mathematical geniuses.
The day you wear the hat of a director, within 24 hours, you hold the power of veto on anything that moves in the RDSO, which concerns your department. Inter-disciplinary problems are sought to be solved purely with departmental bias.
Individuals who come there from organised services are excellent and brilliant but ambitious too, naturally. But their eyes are to reach the positions they desire and aspire to be back in the railways.
Meantime, the waiting tenure in RDSO is spent as best as the personnel at the centre can—some learn quite a lot—some contribute significantly within the limitations, but everyone wants to get back.
Safety issues are dealt in the most unprofessional manner. The typical approach is that the Indian Railways gives administrative solutions to technical problems and finds technical reasons to escape administration's accountability.
In restructuring the system to allow for true technology cycles to take off, it was proposed that the officers who opt to join RDSO should accept a one-way ticket —that is, they do get 30% to 50% higher emoluments, performance-based bonuses and creation of scientific cadre grades and in situ promotions. But first, they have to go through a rigorous IIT-based one-year course leading to a diploma/post graduate qualification in basic mathematical modelling and research tools, losing also the departmental tag, remaining a railway man only, without departmental administrative bias, anymore.
The institution should become an autonomous body under the control of the transport ministry, but grants for running the same should be granted by the Indian Railways. This would prevent any further influence of bosses in the Railways riding roughshod over the work of the RDSO.
It may be argued that then the RDSO will become another ghost CSIR (Council of Scientific and Industrial Research) lab with the same level of zero performance and lots of privileges with an easy life. It is possible. But the hope is that since with basic field experience of, a say a decade, people are brought
into the system, the love & commitment built into the officer for the railways, and the sacrifice he has to make to quit his own service, may all add up to a renewed vigour to push the boundaries of knowledge to contribute to the working of the railways.
Further, all the commissioners of railway safety can then belong to this autonomous technical regulatory authority, and also be chosen from the members of this body.
Like all things in our country, we may have to again give ourselves a chance. But there no future for the current safety mechanism, which has proven to be a hopeless structure.
When your door to return to normal railway operations is shut and by attitude, you choose and excel in the work of the advancement of safety and technology improvements, and your advice carries the authority of an autonomous independent body, the truth has a chance.
Truly outstanding officers who want to really improve do get stifled in RDSO. The departmental games each one officer plays with each other makes it a
We end up producing hot air and safety & technology become victims of product sellers’ lobbies.
Where everyone believes his own version as the truth, the truth dies.
We refuse to allow the CRS (commissioner of railway safety) reports of an accident inquiry to be made public. Why not? A publicly conducted inquiry, if the entire report is public, can analyse what led the authority to its conclusions. It is unfair to the authority to take all the flak, without knowing what exactly was the basis for conclusions drawn; if baseless conclusions are seen to be arrived at, let the stupidity be exposed.
But the technical wing of the RDSO is consulted by CRS, by which he forms his reports. But like everything else in our system, bureaucracy rules here,
Again the bane of our world is working in secrecy.
Lives lost in accidents did not trouble the mandarins in the high echelons over decades—the Indian Railways chugs on, again with the same repetitive platitudes.
It is amazing that we tend to ruminate over each incident for 24 hours, except the platitudes and then keep waiting for the next accident to happen.
(Mr Rajaram is the former Chairman & Managing Director of the Konkan Railway Corporation and inventor of the Skybus).