Friday, April 29, 2011

Seven big Indian corruption scandals, Corruption striking at roots of good governance

With his government under attack over various scams, Prime Minister Manmohan Singh today spoke out against corruption, saying that it strikes at the roots of good governance, dents the country's international image and 'demeans us before our own people'.
"This is a challenge which has to be faced frontally, boldly and quickly," he said addressing the annual conference of chief secretaries of states here.
He said, "Corruption strikes at the roots of good governance. It is an impediment to faster growth. It dilutes, if not negates, our efforts at social inclusion.
"It dents our international image and it demeans us before our own people," Singh said.
Referring to the group of ministers (GoM) headed by finance minister Pranab Mukerjee and set up recently to look into all measures, legal or administrative, to tackle the menace, he said two bills have already been introduced in Parliament relating to judicial accountability and the protection of whistle blowers.
"Along with legislation, the necessary revamp of administrative practises and procedures needs to be fast-tracked. A systemic response that reduces opportunities for corruption needs to be put in place," Singh said.
Serious concern has been expressed in many responsible circles about the lack of ethical conduct and probity in public life, he said.
The prime minister said that the introduction of competition, greater choice and modern technology could cut down the opportunities for corruption in a very meaningful manner.
Delays, another major cause, could be addressed to a large extent by effective decentralisation and delegation of power and responsibility, he said while seeking the support of top bureaucrats in bringing about vast improvements in governance.
Terming the internal security situation in some parts of the country as "tense", Singh said, "There has been unacceptably high level of violence in areas affected by Left-wing extremism and in the Kashmir valley".
He said though the responsibility for maintenance of public order and peace rests with the states, in view of the complex and ever changing nature of problems, the states often needed central assistance in these areas.
"It is only through a process of continuous and meaningful interaction between the Centre and the states that problems of Left-wing extremism, cross-border terrorism and religious fundamentalism can be tackled and tackled effectively", Singh said.
The prime minister said the Centre stands committed to assisting states in all possible ways in these areas.
While the Centre could provide resources, guidance and information, the basic task of modernising state police forces, inducting better equipment, improving the quality of police personnel and strengthening the infrastructure available to them required the attention of the state governments, he said.
"Funds are not a constraint" as the thirteenth finance commission has recommended substantial grants and the central government continued to make its contribution to augment the resources of the states, Singh said.
"What is needed is a recognition of this problem, focused attention on these issues and a commitment to improving the professionalism and the quality of our police forces," the prime minister said, adding that the police man has to be equipped to have the morale and the capacity to deal with the problems of internal security.
Turning to the problems being faced by Scheduled Castes, Scheduled Tribes, minorities, women and other vulnerable groups, the Prime Minister told the bureaucrats to lead their administration in preventing such atrocities and ensuring punishment to the perpetrators when they do occur.
While addressing chief ministers three days ago, he had said that it was a "shame" that atrocities against Scheduled Castes and Scheduled Tribes still continue in the country.
"I expect a similar sensitive and responsible attitude towards the issue of violence against our women," Singh said.
Economic growth and rising national income were not enough by themselves, though they were essential, he said, adding these have to be tempered with equity and inclusiveness and with social and religious harmony.

Detect “hidden interests” to tackle corruption

How appropriate is it for a top politician like Sharad Pawar to promote the development of a massive lake city project for the sake of tourism development in Maharashtra and then state matter-of-factly that his own daughter and son-in-law were shareholders in the company behind the project? Since there were no public disclosures in early 2000 when the shares were held, does it not smack of“conflict of interest” between Pawar’s public obligations and the private interests of his family?
Mumbai’s Adarsh Housing Society scam which has cost Ashok Chavan his chief ministership, is another conflict of interest case wherein Chavan took decisions relating to the society where multiple flats were allotted to his own family members. There are key politicians and bureaucrats in a similar situation.
While the serious under-selling of second generation (2G) telecom licences in 2008 has embroiled telecom minister A Raja, with severe strictures passed by the Comptroller and Auditor General of India, the entire Indian Premier League (IPL) scam presents a textbook case of conflict of interest. A large number of prominent BCCI (Board of Control for Cricket in India) office-bearers who approved the bids for various IPL teams, were found to have questionable links with the bidders themselves.
'Conflict of interest’ is one of the elements of king-sized corruption and the gross misuse of authority in India. Unless we identify and unravel the hidden interests in mega deals and projects, India will not get a grip on giant-sized corruption. And unless the giants are tackled first, the minions will remain undeterred.
Corruption in India, according to former Central Vigilance commissioner N Vittal, is a result of a strong, supportive nexus between corrupt politicians and like-minded bureaucrats, businessmen, NGOs and the underworld. It thrives because of a scarcity of goods and services, red tape, lack of transparency in decision-making and the failure to punish the guilty. Vittal sees a solution in simplifying rules and procedures, empowering the public through transparency and effective punishment.
While this is true, what is largely invisible is the “hidden interest” behind mega deals and land transactions that may involve a misuse of authority and thus a fraud on the unsuspecting public. This is the turf of the big daddies of the day.
One fraud repeatedly committed by politicians in Maharashtra is the long-term lease of lucrative government properties for 30 years or more to educational trusts under their influence. Thus, in Pune, a juicy government plot valued at around Rs20 crore, which was part of a larger plot reserved for a rehab centre for recovering mentally ill patients, has gone to a trust with close ties to ex-CM Narayan Rane.
One would have been full of praise for Sharad Pawar’s vision for tourism development in Maharashtra, with him having revealed that it was he who identified the site for the development of the Lavasa Lake City project.Naturally, since he was behind the project, it took off speedily. The problem with Pawar’s involvement is his family’s shareholding in the company during 2002-2004 when the project was all hush-hush and preparing for take-off with many government clearances coming in swiftly.
Conflicts of interest arise when key facts in mega projects are not disclosed to the public well in advance. What they do is raise doubts and suspicion, which may hold merit more often than not.

Corruption check

In communist China, corrupt officials are either sent to the gallows or long terms in prison. It is not clear whether it has helped check corruption. But it does show that corruption is taken seriously. In democratic India, there is much talk against corruption but little action.
There is now gradual pressure to be seen to be serious about this scourge.
The government is trying out different ways to deal with it, if not stamp it out. One of the compelling reasons to move against corrupt officials is that it is being perceived as hampering economic growth. Foreigners find it extremely difficult to do business in the country because of bureaucratic red tape, which in turn breeds corruption in the corridors of power. A clean-up is desperately needed.
One major problem arises from the immunities enjoyed by those in high places, part of the colonial legacy. The government wants to do away with those barriers. The Central Vigilance Commission (CVC) now has stepped forward with an interesting idea; it has put up the names of officials facing corruption charges, and against whom it has recommended cases should be pursued on its official website.
The move comes after frustrating attempts by the CVC to get the relevantauthorities to show some movement. Since no cooperation was forthcoming, the CVC took matters in its own hands. It is a way of building up public opinion against the corrupt and forcing the departments to act against them.
It is interesting that the accused officials belong to those ‘plum’ departments where there is enough scope for corruption. For example, the highest number of such officials are part of the Delhi Development Authority (DDA), the agency which deals with land and housing in the national capital. That is hardly surprising since land deals and corruption often go hand in hand. The State Bank of India (SBI) and the Oil and Natural Gas Commission (ONGC) are two other organisations that are in the list.
It will be a pity if this initiative by the CVC remains a cosmetic effort, amounting to nothing substantial. The idea is not to make a public spectacle out of allegedly corrupt officials but to force the organisations to take corruption seriously. If the government is truly serious on this front, it could start by forcing the departments to start proceedings against those who have been named.

Fighting corruption with hands tied

All of a sudden we have heard a spate of statements on the evil that is corruption in public life. These are coming from those in high office, which is most welcome, although the traditional cynics — we have any number of them in India — will say that this is all empty rhetoric from the public platform meant to hoodwink the average citizen. It is absolutely true that many of us have lost hope that India will ever become an honest nation, one where you can demand and obtain services to which you are legally entitled without paying a bribe.
First it was prime minister Manmohan Singh who spoke to anti-corruption chiefs at a biennial conference organized by the CBI a few weeks ago. I wonder there is any other leader in the country who will be heard with such respect and without derision on this subject. Singh should however remember that while there is hardly anybody who doubts his sincerity or ability, not many are convinced that he has the required administrative and political structures at his command to change a situation that is out of control.
Chief Justice Balakrishnan, at a national seminar a few days ago, said that he would like to see anti-corruption agencies moving swiftly to seize the properties of corrupt civil servants so that the latter do not continue enjoying the fruits of their tainted acquisitions while facing court proceedings. This is again a very sensible proposition.
I remember former central vigilance commissioner N Vittal carried on a vociferous campaign on this issue and even suggested a legal framework that would facilitate such a drastic measure. He was hardly heard because there was no political will. Law Minister Veerappa Moily, speaking at the same forum as the Chief Justice a day later, categorically stated that a corrupt public servant should not be protected by archaic procedures relating to government sanction for prosecution.
These procedures are so tortuous that they serve only to shield those caught with their pants down while receiving a bribe. I have personally fought many a battle to persuade ministries to accord the required sanction against senior officials whose reputation was known even beyond the Himalayas. The situation has worsened since then with the CBI requiring permission even to register a case against a Joint Secretary level officer, to say nothing of sanctions for prosecution at the end of an investigation.
I am happy that the CBI has achieved notable successes in connection with such cases in the past few months. The agency needs a lot more infrastructure and employee incentives. Parsimony in allocations to the CBI will be misplaced if not mischievous. The Prime Minister needs to personally oversee this, because, he should know that not many senior civil servants want the CBI to succeed. Given a chance they will use every subterfuge at their command to deny important files or delay permission to register a case or sanction prosecution.
Finally, a word about the law on anti-corruption measures. The Prevention of Corruption Act 1988 is a reasonably well drafted statute. But what is appalling is the judicial proclivity to find every possible infirmity in the prosecution story to let off the accused. The most favourite expression of a tendentious judgment is that the prosecution has “miserably failed” to prove its case.
Many such judgments go unchallenged because it is impractical to take every case on appeal. What we need is a fiat from the higher courts to the subordinate judiciary that their judgments should be written with greater seriousness, cogency and adherence to truth. They should also be told that their orders will be studied closely for their logic and consistency. Nothing short of this will bring about some quality in the disposal of corruption cases, something that would give meat to the anti-corruption movement.

It is time to remove cancer of corruption from our society

The craving to make money by illegal means which is seeping into everyday life and threatening our health and existence, is bordering on the evil.
The Commonwealth Games corruption cases showed the entire world how Indians were willing to fill their deep pockets even at the cost of causing threat to the life of international players, with bridges and ceilings of living quarters collapsing. As Indians we have been accustomed to politicians filling their coffers, but using poor quality construction that can kill lives is intensely saddening. Yet this is not the first case. Is it that we do not have a conscience?
The Adarsh housing scam has dragged in army generals and admirals. The army's corruption during the multiple bombing of Mumbai top hotels and at the CST railway station also threw up questions of corruption, since the ship illegally carrying the terrorists was not properly investigated and reported. Are the people who are taking a few bundles of notes, not realizing the risk and the danger that they are putting their countrymen in?
If corruption at the highest level is procedural, at the lowest office level it is even more common. Speed money is an accepted accounting term. It's the fee one pays to an official to attend to your file or document. Otherwise the file can sit there for eons or soon conveniently get lost!Most government offices have set criteria for receiving speed money to get the job done. It is openly discussed, it is non-negotiable and completely above the table.
Corruption is not the privilege of government officials only. Farmers use harmful chemicals to make the produce bigger so that it will fetch higher rates. Spices and condiments use artificial colours. We are not only unsafe from the outside since the homeland security people have no integrity, but also from within since our food is contaminated and out heath is under threat.
With the festive season on, exchanging sweets and offering sweets to guests was a social custom followed from time immemorial.The malpractice that has been unearthed in sweetmeat shops has made it impossible to consider buying sweets.Is it that our value system has eroded, doesn't it matter to us that people can fall sick in our single-mindedness in making money?
Where will all this lead? Is this not creating a vicious cycle? Is the next generation not going to do the exact thing that they see happening? Our generation and generations before us have constantly struggled in life to achieve things, while today's generation is confused. The values that they are theoretically taught are a far cry from the short cuts that they see around them.
The need to make money is so overwhelming that people are losing the focus of tried and tested principles of honesty, integrity and transparency. There is no distinction between moral — something that makes one feel good after doing it — and what is immoral.
Maybe as a nation we need a collective lesson in 'No shortcuts for the sake of making money'. Unless the cancer of corruption is removed from the system, our dreams of being a 21st century superpower shall not even remain a topic of discussion let alone be a reality.

Seven big Indian corruption scandals

India has been rocked this year by a series of corruption scandals that have embarrassed the ruling Congress party, rattled markets and delayed reform bills as the opposition stalls Parliament.
The country, 87th in Transparency Internationals rankings based on perceived levels of corruption, is no stranger to scandals.
Here are some of the biggest in the last two decades:
Loan bribery case (2010)
The case broke after a year of investigation on November 24 when the Central Bureau of Investigation (CBI) arrested eight people, accusing them of bribery for corporate loans.
The arrests included the chief executive of state-run mortgage lender LIC Housing Finance and senior officials at state-run Central Bank of India, Punjab National Bank and Bank of India.
While the size of the scandal is not yet known, local media have reported it could run into hundreds of millions of dollars.
The CBI is probing 21 companies involved in India's booming infrastructure sector for links, but has not named them.
The bribes were allegedly paid by private finance firm Money Matters Financial Services, which acted as a "mediator and facilitator" for the loan beneficiaries, the CBI said.
Companies whose officials have been arrested have all denied any wrongdoing. Individuals arrested have not yet commented.
Government officials, including ministers, have said this is a case of individual wrongdoing and not a widespread scam.
Telecom licence row (2010)
Telecom minister And imuthu Raja was sacked after a report by India's state auditor said his ministry sold licences andspectrum below market prices, depriving the government of up to $39 billion in revenues.
The scandal swept up as high as Prime Minister Manmohan Singh, who had to explain to the Supreme Court why he sat on a request for permission to charge Raja with corruption.
In its report, the comptroller and auditor general of India (CAG) also said rules were flouted when the licences were given in 2007-08 which led to many ineligible firms getting them.
The CBI has launched an investigation into alleged corruption at the ministry. Nobody has been charged yet and Raja has denied any wrongdoing.
The CAG said Unitech units got licences despite having inadequate capital, Swan Telecom got a licence even though there were monopoly issues and Reliance Communications got undue benefits as it sought permission to offer services under the more popular GSM technology.
Revenue authorities have questioned Nira Radia, a top lobbyist, as part of an investigation into whether money laundering and forex laws were broken when the licences were purchased. Radia has denied any wrongdoing and has said she is cooperating with the probe.
Commonwealth Games (2010)
Allegations of corruption over the international sporting event that took place in Delhi in October are being investigated by several bodies including the anti-corruption watchdog, the state auditor, the CBI and a special committee set up by Prime Minister Singh.
The Congress-party led coalition government came under fierce criticism for mismanagement and ineptitude over the sporting extravaganza which cost up to $6 billion.
Allegations of corruption spanned a broad spectrum including issuing of contracts and purchase of equipment --from treadmills to toilet rolls.
India's anti-corruption watchdog has identified more than 16 projects with possible irregularities.
The Congress party eventually sacked Suresh Kalmadi, chairman of the organising committee, as secretary of the party's parliamentary wing.
Aides have been arrested and local media has said Kalmadi could be arrested once he returns back from a foreign trip.
Housing scam (2010)
Congress party politicians, bureaucrats and military officials have been accused of taking over land meant for building apartments for war widows. The CBI has begun investigating the case.
Local media say apartments with a value of $1.8 million were sold for as little as $130,000 each in the apartment block, which faces the Arabian Sea in one of the world's most expensive stretches of real estate in Mumbai.
The government has sacked the chief minister of western Maharashtra state, Ashok Chavan, who is a member of Congress.
The apartment block is also being investigated for several violations of norms, including environmental laws and land-use rules.
The government has now effectively taken back permissions allowing owners to occupy the apartments, which are required for water and power supplies, leading to the disconnection of these services.
Satyam (2009)
The founder of Satyam Computer Services, one of India's top software firms, resigned in January 2009 after admitting profits were falsely inflated for years.
The fraud, estimated at $1 billion, was India's largest corporate scandal and was dubbed "India's Enron".
With clients abandoning it, shares were hammered down to near-penny-stock levels.
The government stepped in to save the firm by appointing a new board of directors and midwifed its sale to Tech Mahindra. The firm is now called Mahindra Satyam.
The founder chairman of Satyam, Ramalinga Raju, and other officials including the then chief executive officer and chief financial officer, were arrested under several charges including fraud. The cases continue in court. The defendants have said they were not involved in the fraud.
Securities scam (1992)
Several Indian stockbrokers were accused of siphoning off over 35 billion rupees ($778 million) of funds, mostly from inter-bank transactions, to fuel a rise in the Mumbai stock market in 1992. It involved top officers of state-run and foreign banks and financial institutions, bureaucrats and politicians.
News of the scam led to an over 40 percent fall in shares over two months, wiping millions of dollars from market value.
Harshad Mehta, the main accused, died in 2002, convicted in only one of the many cases filed against him, form is appropriation of funds in a case involving the use of money from the bank account of car maker Maruti Suzuki for trading in stocks.
Several bank executives were convicted for fraud in allowing bank funds to be used for trading stocks.
Bofors gun deal (1986)
India's purchase of artillery guns from Swedish firm Bofors in 1986 was rocked by allegations that 640 million rupees ($14.2 million) -- a huge sum then -- was paid as bribes to people close to then prime minister Rajiv Gandhi to swing the deal.
The scandal caused an uproar in Parliament, led to a split in the ruling Congress party and the defeat of Gandhi infederal elections in 1989.
Its fallout has stymied India's defence expansion, with officials for years unwilling to take decisions on purchases that could later be probed for corruption.
Amongst the people probed were the London-based Indian business family of the Hindujas, who were later acquitted by a court of any involvement.
The case has dragged on for years without any result.

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