Friday, November 13, 2015

Suresh Prabhu appointed Rail Minister under influence of General Electric Company to cover up corruption in Marhowra and Madhepura loco Projects & tenders - Seema Sapra, General Electric whistle-blower

To the President of India the Prime Minister of India, the Rail Minister of India and to ASG Sanjay Jain,
I am writing further to my representations against the recent appointment of Mr Suresh Prabhu as Railway Minister. This appointment has been influenced by General Electric Company using Mr Sharad Pawar as an intermediary with intent to cover up the corruption complaints and evidence against General Electric Company set out in Writ Petition Civil 1280/ 2012 pending before the Delhi High Court since February 2012.
I also point out that despite my status as witness-whistleblower-petitioner and despite the threat to my life, I have no protection and I am being poisoned.
I reproduce below an application and an affidavit filed by me on the issue of Suresh Prabhu's appointment as Railway Minister in WP Civil 1280/ 2012, which were sent to you earlier as well.
I draw your attention to some further facts in connection with Suresh Prabhu's role in facilitating and benefiting from the Adarsh scam.
Suresh Prabhu was involved in permitting the Adarsh building society to proceed with construction in violation of applicable environmental rules including the CRZ regulations.
Suresh Prabhu's modus operandi in facilitating this was very similar to Montek Singh Ahluwalia's facilitation of the Dabhol Project where the latter wrote letters which were interpreted as approval of the financial structure of the Dabhol Project including power pricing. Montek Singh Ahluwalia's modus operandi was to later retract and suggest that his letter was not an approval as he was not authorised to grant the approval.
Correspondence with the Ministry of Environment & Forests (MoEF) in 2003 has been used by the Adarsh society promoters and even by the Maharastra State government to argue that environmental clearances including CRZ clearances were obtained from the MoEF in 2003. The MoEF has since denied that it issued any clearance. However, the letters issued by the MoEF which were relied upon as granting clearance which facilitated various Central and State regulatory authorities to assume that someone had granted clearance appear to have involved the hand of Suresh Prabhu.
I reproduce at the end some news reports on the issue of the environmental clearances for Adarsh. Of course, as is usual course in India, a mammoth cover-up of the Adarsh scam has been undertaken shielding many politicians involved. I do point out that such cover-ups are not without cost to the national interest as failure to apply the rule of law even when corruption is exposed contributes to and perpetuates the "sab chalta hai" culture that engenders, breeds and encourages corruption.
But the questions to ask about Suresh Prabhu and the Adarsh scam are:
There was some involvement of the MoEF in the Vajpayee Cabinet in facilitating the Adarsh society. Was Suresh Prabhu involved? Suresh Prabhu has stated that he was not Environment Minister in 2003 when the MoEF cleared the Adarsh structure. But there are several citations on the internet recording that Suresh Prabhu was environment minister in 2003. Plus Suresh Prabhu was environment minister in 1998- 1999 when the Adarsh proposal first came to the attention of the MoEF. Did Suresh Prabhu deal with the Adarsh file as environment minister in 1998-1999?
http://earthjournalism.net/stories/india2019s-river-linking-scheme-a-case-of-troubled-waters

India's River-Linking Scheme: A case of troubled waters
By Keya Acharya, 5 May 2014
Forum of Environmental Journalists of India, India
Dams Himalayas India Rivers Water
With the exception of some select fields, few other issues in India have raised as much passion as the inter-state sharing of river waters. And, stemming partly from this socio-political acrimony together with environmental and economic concerns, India's grandiose National River Linking Project (NRLP), has been on the potboiler ever since the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government in 2003 set up a Task Force on inter-linking of rivers, headed by then Environment Minister Suresh Prabhu.

http://www.deccanherald.com/content/109931/content/217654/even-giant-can-learn-run.html

The Congress tried to put the blame on the Shiv Sena, as the proposal had first come to the state government when Narayan Rane, who was then with the Sena, was the chief minister in 1999. The party also accused Prabhu of giving the green clearance. Incidentally, Prabhu is a member of the Society and has been allotted a flat in the building.


Suresh Prabhu was no longer a government employee in 2004 when the Adarsh flat was allotted to him. He claims to have purchased the flat with a bank loan. First it has been established that the allotment to Suresh Prabhu was illegal. He could only have been allotted a flat as a private citizen if his income was less than Rs 20,000. Is it Suresh Prabhu's case that he fell within this category? Further, even if Suresh Prabhu fell within this category, he would have been entitled to a flat only half the size of what he was actually allotted. Why was he allotted a larger flat?
More importantly, Suresh Prabhu claims that he did not examine the society documents and its legal compliances himself but merely accepted the position of the promoters and blindly obtained a bank loan and paid money to purchase the flat. Are we expected to believe this?
Suresh Prabhu is a chartered accountant, a former banker and a former Cabinet minister who boasts about his administrative skills and achievements on his bio and website. Are we to believe that with these qualifications, Suresh Prabhu decided to take out a loan and buy a flat without examining the sale papers and the legal status of the property he was buying? Did the bank not insist on a due diligence and on Suresh Prabhu representing that the proposed purchase had been vetted and was legitimate and genuine? Was the bank loan issued against a mortgage of the Adarsh flat? Did the bank not vet the property documents?
Even a common man will not purchase property without assuring himself that the building was authorised? And is Suresh Prabhu saying that being a chartered accountant he decided to purchase property without assuring himself that the construction was authorised and the proposed building had necessary approvals.
Suresh Prabhu was at some time the environment minister in the Vajpayee Cabinet in 2003. He was environment minister in 1998-1999. He was aware of the CRZ notification. He must have at some time as a minister dealt with a file on the Adarsh building, whether or not he himself approved a clearance. He is a Mumbai resident and would have known that the location of the Adarsh building raised issues of CRZ clearances.
And we are expected to believe that despite his specialist knowledge, Suresh Prabhu decided to purchase the Adarsh flat with eyes and ears closed and with no due diligence?
Suresh Prabhu is one of the 32 illegal allottees in the Adarsh building and we are expected to assume that he is innocent and a victim?
Suresh Prabhu obtained a prized Colaba flat at a nominal undervalued price to which he was not legally entitled along with 31 other illegal allottees and he would have gotten away with it if the scam had not been exposed. And we are expected to believe that he was a victim. Why is it that no ordinary citizens were victimised by the Adarsh Society and allotted flats at nominal prices in Colaba? Why are all the illegal beneficiaries of the Adarsh scam powerful politicians and bureaucrats who were all connected in some manner to those public officials or ministries who/ which facilitated the usurpation of land and the illegal construction?
How did Suresh Prabhu end up becoming a part of the Adarsh building society in 2004 if he had no connection to the scam or if he was not being rewarded for corrupt services rendered at some point (like in the Dabhol Project corruption cover-up)? Surely there were many potential buyers for such undervalued Colaba flats. Let Suresh Prabhu explain exactly how he got involved with Adarsh?
I am again requesting that Suresh Prabhu be removed from his position as Rail Minister as his background establishes his unsuitability for this or indeed any other government post.
Also please ensure that the corruption complaints and evidence against General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura are not covered up as was being done by the UPA government. General Electric Company must be blacklisted and cannot be permitted to participate in the 2013 tenders for these Projects which themselves deserve to be scrapped in public interest.
Please ensure that ASG Sanjay Jain  is present for the court hearings for WP Civil 1280/ 2012. ASG Sanjay Jain also needs to ensure that this matter is taken away from the UPA (A S Chandhiok) appointed counsels Sapna Chauhan (for Respondent 5, the PMO) and (Om Prakash) for the Railways (respondent 4) who were both colluding in attempts to cover up the corruption complaints against General Electric Company and their co-conspirators including Montek Singh Ahluwalia and former PM Dr Manmohan Singh. This matter needs to be remarked by ASG Sanjay Jain to the new standing counsels appointed by the new NDA government.
Also since May 2014, no lawyer is appearing in this matter for the CBI. Since 2012, no authorised lawyer is appearing in this matter for the CVC. Both the CBI and CVC are parties and have been issued court notice.




Seema Sapra





Adarsh Had No Environment Clearance: Maharashta Govt
MUMBAI | JAN 16, 2013
The two-year marathon inquiry conducted by a judicial commission into the Adarsh scam has ended with the Maharashtra government said to have admitted for the first time that the controversial housing society did not have necessary environmental clearances.

The commission set up in January 2011 wrapped up its inquiry into the scam yesterday and is likely to submit its final report to the state government next month, sources in the panel told PTI.

The government may accept or reject the findings of the commission.

Concluding his arguments, state government counsel A Y Sakhare is understood to have told the commission that the 31-storey plush Adarsh building in south Mumbai was constructed without Coastal Regulation Zone (CRZ) clearance or nod from the Union Ministry of Environment and Forest (MoEF).

The sources said it is for the first time that the government, which had consistently maintained that no rules were violated in granting permissions to the building, has admitted that the society did not have the required environmental clearance.

The state is said to have supported the MoEF's claim that the March 2003 letter by the Urban Development Department to the society was misrepresented as environmental clearance by one of the accused P V Deshmukh, a former deputy secretary in the department.

The MoEF, in response to UDD's letter forwarding the society's proposal for construction, had said that state has a body- Maharashtra Coastal Zone Management Authority (MCZMA)-to look into CRZ clearances. The MoEF's response was allegedly misconstrued by Deshmukh as a clearance.

The state government in its final arguments is said to have noted that the society should not have constructed 31 floors as the Development Control Regulations (DCR), 1967, applicable to it, did not permit that. According to the state, the building situated in south Mumbai's upscale Colaba, could have been built only up to 46.5 m and not the present 100.7 m.

According to the government, the Mumbai Metropolitan Region Development Authority (MMRDA) wrongly applied DCR 1991 which did not have height restrictions.

The commission, headed by Justice (retired) J A Patil, has started dictating its findings in chamber and will submit its final report to the government by the end of next month.

The commission had in its interim report last year negated the Ministry of Defence's claim on the land where the building stands and held that its ownership rested with the state government. The panel had also noted that the land was not reserved for Kargil war veterans, widows and their relatives.

The commission's final report will throw light on whether requisite permissions had been obtained by the society and if any rules violated by bureaucrats while granting various clearances.

A total of 214 witnesses were examined by the commission including Union Home Minister Sushilkumar Shinde, former Maharashtra chief ministers Vilasrao Deshmukh and Ashok Chavan, former army chiefs N C Vij and Deepak Kapoor, several IAS officers and bureaucrats from the state and central government.

Ashok Chavan is an accused in the case but was never arrested.
Click here to see the article in its standard web format

http://www.outlookindia.com/news/article/Adarsh-Had-No-Environment-Clearance-Maharashta-Govt/787124

logoimg
iconimg Friday, November 28, 2014

Sayli Udas Mankikar, Hindustan Times
Mumbai, November 03, 2010
First Published: 00:24 IST(3/11/2010)
Last Updated: 02:04 IST(3/11/2010) Print
Housing scam: Ex-minister wants Adarsh money back

Shiv Sena leader and former Union environment minister Suresh Prabhu said he would send a notice to Adarsh Cooperative Housing Society asking it to return the money he paid for a flat in the 31-storey tower. He also denied granting it any environmental clearance. The tower at Colaba was allegedly built in violation of environmental norms and on the promise that houses would be given to Kargil war veterans and widows. However, most of the flats were allotted to bureaucrats, politicians and army and navy commanders.
The Congress had accused Prabhu of clearing the project while he was environment minister in the National Democratic Alliance government.

"I was not a minister when the clearance was given. I held the post in 1998-1999," said Prabhu on the phone from Singapore on Tuesday. He pointed out that it was the DMK's TR Baalu who was environment minister in 2003.

The Dravida Munnetra Kazhagam is a partner in the Congress-led United Progressive Alliance government.

The plot on which the society stands is part of the Coastal Regulation Zone 1, the most eco-sensitive coastal area because it has mangroves and mudflats. In such zones projects costing more than R5 crore require clearance by the Union environment ministry.

Ministry officials, however, have said no sanction was given to the Adarsh project.

Prabhu said he is not a promoter or office-bearer of the society. "I got a flat that was part of a quota for MPs and because it was going at a concession. I took a home loan for it and the flat is still on mortgage," he said.

Prabhu said he got all the clearances required for the loan, including an approval from the collector. "Now I find out the project is in trouble. I will send a notice to the society asking it to return my money," he said.

He insisted that he was not aware of any violations by the society.

http://www.hindustantimes.com/StoryPage/Print/621469.aspx?s=p
© Copyright © 2013 HT Media Limited. All Rights Reserved.

http://www.thehindu.com/news/national/other-states/no-moef-clearance-was-issued-to-adarsh-housing-society/article855494.ece
No MoEF clearance was issued to Adarsh Housing Society
The Union Ministry of Environment and Forests (MoEF) has denied that it has issued a No Objection Certificate (NOC) on March 11, 2003, to Adarsh Housing Cooperative Society, Mumbai, for construction of a residential building. The Navy has taken strong objection to grant of clearances to the building, citing violation of norms.

The society, with its high profile members, is in the eye of a storm for violating environmental and other norms and misusing the land granted to it. The MoEF issued a statement on Thursday giving the exact text of the letter dated March 11, 2003, which it had issued to P.V. Deshmukh, Deputy Secretary, Urban Development Department, government of Maharashtra.

The letter notes that "the proposed residential complex falls within the Coastal Regulation Zone (CRZ) - II area. This Ministry has already delegated the powers to the State government for undertaking development in Coastal Regulation Zone -II. Accordingly, the proposed construction may be taken up as per the Coastal Regulation Zone Notification, 1991 (as amended from time to time) and the approved revised Coastal Zone Management Plan of Greater Mumbai."

The MoEF clarified that any reference from the State government about the coastal matters was examined under the provisions of the Coastal Regulation Zone Notification, 1991, and the approved Coastal Zone Management Plan of Mumbai.

Height no problem

Citing that the housing society received all necessary clearances and permissions, Adarsh society, in letter, stated that the building plan was approved by the Mumbai Metropolitan Region Development Authority in stages as per rules. "CRZ [Coastal Regulatory Zone] clearance was obtained from the Ministry of Environment and Forests, New Delhi vide letter NoF.No.J-17011/46/2002-IA III dated March 11, 2003." It also said that CRZ clearance had nothing to do with the height of the building.

It claimed that the height of the building (103.4 meters) was approved by the High Rise Committee headed by Retired Chief Justice of Tamil Nadu. "The final Commencement Certificate was issued by the MMRDA on August 04, 2010 and, lastly, Occupation Certificate was also given on September 16, 2010."

The MoEF denied that this letter gave any permission, pointing out that in March 2003, all construction in the CRZ area, which was permissible under the Coastal Regulation Zone Notification and were in consonance with the approved Coastal Zone Management Plan of Mumbai, had to be considered by the Maharashtra State Coastal Zone Management Authority (MCZMA). At that time, the approval authority was meant to be the State government; in the case of Maharashtra, it was the environment department. The society did not make any application to the environment department, it is learnt.

The Ministry had approved the revised Coastal Zone Management Plan of Mumbai on January 19, 2000. To obtain clearance under the Coastal Regulation Zone Notification, 1991, the project proponent needs to submit the proposal enclosing the details of construction, classification of Coastal Regulation Zone area in the requisite format to the concerned Coastal Zone Management Authority; in this case this proposal should have been submitted to the MCZMA.

The MCZMA was constituted in January, 2002, in compliance with a Supreme Court order. The statement said clearance under the Coastal Regulation Zone Notification 1991 by the MOEF was in a prescribed format. The clearance letter issued by the Ministry was always addressed to the Member Secretary, MCZMA, and copied to all concerned. The power to issue of Coastal Regulation Zone clearance was withdrawn on April 22, 2003, in respect of projects costing more than Rs. 5 crore.

Keywords: Adarsh Housing Society, Mumbai land scam

http://www.sakaaltimes.com/NewsDetails.aspx?NewsId=4703089866048303289&SectionId=5351696313519115080&SectionName=State&NewsDate=20120807&NewsTitle=Demolish%20Adarsh,%20says%20MoEF%20official
Demolish Adarsh, says MoEF official
Reporters Name | PTI | Tuesday, 7 August 2012 AT 11:25 AM IST Send by email     Printer-friendly version
MoEF, Adarsh society, housing scam, demolish, CRZ, CBI, Mumbai
MUMBAI: Reiterating its stand on the Adarsh housing society, a former Union Ministry of Environment and Forest (MoEF) official told a judicial panel that the building has to be demolished as it does not have environmental clearance.
Former MoEF director Bharat Bhushan told a two-member inquiry commission set up by the state government to probe into the scam, that the Adarsh building stands in the Coastal Regulation Zone (CRZ) and hence environmental clearance is mandatory.
"The building has not obtained any clearance from the Maharashtra Coastal Zone Management Authority (MCZMA). The MCZMA has not sent any recommnedation to the MoEF regarding clearance to be given to Adarsh," he said.
He said that when the Adarsh scam broke in October 2010, the MoEF had asked for a report from the secretary of the department of environment who is also the chairperson of the MCZMA.
The report stated that no clearance was obtained or given to the plush 31-storey Adarsh building in South Mumbai.
"The final order of Janury 14, 2011, passed by the MoEF for the building's demolition was based on details sent by the MCZMA chairperson, Maharashtra government, hearing of Adarsh representatives, as well as other documents," he said.
'CLEARANCE A MUST'
Ex-MoEF director Bharat Bhushan told a probe panel set up by the state on the scam, that the Adarsh building stands in the CRZ and hence environmental clearance is mandatory.

http://www.governancenow.com/news/regular-story/adopt-adarsh-policies-mr-ramesh-ad-hoc-ones-will-not-do
Nextgen Cities Jaipur

Home > News > Adopt 'adarsh' policies, Mr Ramesh, ad hoc ones will not do
Adopt 'adarsh' policies, Mr Ramesh, ad hoc ones will not do
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Why didn't your ministry stop the controversial building project in 2003 itself?
PRASANNA MOHANTY | JANUARY 17, 2011
           
Environment and forests minister Jairam Ramesh loves publicity, more so if it comes free. It would, therefore, have been naïve not to expect him to issue a demolition notice to the Adarsh housing society which he has done now.

Do bask in glory, Mr Ramesh, but please answer a few questions. The first question is: Why this notice to the Adarsh society now? The 31-storey building that you think deserves to be completely demolished for "egregious violation" of environment laws, got the occupation certificate on September 16, 2010. Which means, the construction activities have already been completed for people to move in.

Presumably, construction began after the Adarsh society applied for environment clearance from your ministry in 2003. Your ministry wrote back on March 11, 2003 saying the appropriate clearing authority under the Coastal Regulation Zone Notification of 1991 was the state government – rather the Maharashtra State Coastal Zone Management Authority (MCZMA).
So, your ministry and MCZMA knew about the case way back in March 2003. Why did both of them go to sleep for the next seven years?

MCZMA has, in its deposition before your ministry, said it had issued notice to the Adarsh society on lack of environment clearance on November 3, 2009. Why did it take six years for it to do so?

The second question, therefore, is: What action do you propose to take against your ministry officials and those of the MCZMA?

The third question pertains to the violation of the CRZ notification of 1991 vis-à-vis section 3(2)(v) of the Environment (Protection) Act of 1986 itself. As your communiqué mentions, this section "provides for 'restriction of areas' in which any industries, operations or process of class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards. Construction of buildings falls with the category of 'process' ".

Find us one more individual, Mr Ramesh, who agrees with this interpretation of "process".  Why is the language so vague and prone to misinterpretation? Is this deliberate or do you expect us to believe that the literacy level of your officials is so poor? No wonder the Adarsh society is protesting, arguing that it didn't violate any the law as this section deals with industries, not housing societies.

The Adarsh society is also right in questioning the locus standi of MoEF, citing the ministry's March 11, 2003 letter, which said the state government was the clearing authority. To which, your communiqué mentions that your ministry has clarified that the CRZ notification was amended on April 22, 2003 (a month later) withdrawing that power from the state government because of "misutilisation" of power. But you are silent on whether this amendment was communicated to the Adarsh society at that time and what action was taken to ensure that the amendment was followed by other applicants.

The Adarsh society is a fait accompli, Mr Ramesh, just as many other big-ticket projects that your ministry first cleared and then issued notices about violations of law when public outcry reached unmanageable levels - Lavasa project in Pune, Vedanta's smelting and refinery plants in Orissa, Jindals' thermal plants in Ratnagiri, Maharashtra, Lafarge's mining in Meghalaya and so on. It would be naive again to expect that the Adarsh society would actually be demolished.

Get your act together, Mr Ramesh, and get right the vaguely worded laws, notifications and regulations and ask your men to act proactive, not reactive to public outcry.


- See more at: http://www.governancenow.com/news/regular-story/adopt-adarsh-policies-mr-ramesh-ad-hoc-ones-will-not-do#sthash.k3CdUkan.dpuf

http://epaper.timesofindia.com/Repository/getFiles.asp?Style=OliveXLib:LowLevelEntityToPrint_TOINEW&Type=text/html&Locale=english-skin-custom&Path=TOIBG/2010/10/27&ID=Ar00900


Publication: The Times Of India Bangalore;  Date: Oct 27, 2010;    Section: Times Nation;            Page: 9           


No record of environmental clearance: MoEF
MMRDA Allowed Housing Society In Violation Of Coastal Regulation Rules
Prafulla Marpakwar & Josy Joseph | TNN

New Delhi: Adding a new twist to the controversy surrounding Adarsh Housing Cooperative Society, the Colaba highrise in which a clutch of powerful politicians, bureaucrats and former Army chiefs have cornered flats, the Union ministry of environment & forests (MoEF) on Tuesday indicated that it has no records of the building obtaining the necessary environmental clearances. TOI had reported on October 26 how Adarsh Society had appropriated defence land in the name of building houses for war veterans and war widows, and indulged in a host of other violations along the way.

    Based on TOI reports, the MoEF on Tuesday issued a notice to the Maharashtra environment secretary, asking her to examine the project, clearances obtained and the action taken against the violations. The notice says there is a violation of the CRZ (Coastal Regulation Zone) rules and the EIA (Environment Impact Assessment) rules as well. When contacted, Union minister for environment & forests Jairam Ramesh confirmed that his ministry had written to the state government to find out if the building had obtained necessary clearances. The ministry has sought a reply by Monday.

    A day after the TOI report, when the state environment department conducted its own preliminary probe, it found that the urban development department and MMRDA had approved the proposal in blatant violation of CRZ rules in collaboration with the BMC. Although environment secretary Valsa Nair Singh refused to comment, a senior official on Tuesday confirmed that all the rules, particularly under CRZ, were completely ignored. (According to CRZ rules, any project of Rs 5 crore and above has to be approved by the Maharashtra Coastal Zone Management Authority and later by the ministry of environment & forests.) "We examined all the applications submitted to MCZMA. We were stunned to find that while the project was within the CRZ area, the society never submitted an application for approval,'' the official said.

    MCZMA and MoEF were both in the dark on the first phase of Adarsh. However, the state environment department stepped in in 2007 when local residents lodged a complaint, saying there were blatant violations in Phase Two of the project. "We had issued a show cause notice to the promoters of the society and asked them to submit the approvals granted to them by MCZMA and MoEF. They failed to produce the documents — instead, they showed us the correspondence between MoEF and the urban development department,'' the official said.

    Vice-Admiral Sanjeev Bhasin, the flag officer commanding-In-chief of the Mumbai-based Western Naval Command, in his letter to the headquarters in July, had pointed out that under CRZ rules, the height of the building had to be restricted to 30 metres. The current height of the building is evidently 100 metres or more, with 31 floors and 124 flats.

    Admiral Bhasin also quoted from a letter that the principal secretary, urban development department of Maharashtra, had written on August 19, 1999, seeking an NOC for the complex since it falls under the CRZ-1 plan. The letter, which was forwarded to naval headquarters, said the members of the society were officers who had "dedicated their lives to service of the Motherland and deserved all special consideration''. It added that several members were even today fighting at Kargil and in surrounding areas. Records show that none of the senior defence officers who own flats there fought in the Kargil conflict.

Land belongs to revenue dept, say officials

Mumbai: Chief minister Ashokrao Chavan on Tuesday said that he has sought information on the row over the allotment of a prime piece of land to the Adarsh Cooperative Housing Society in south Mumbai. "I have carefully read the report in the Times of India and I am seized of the matter. I have asked the concerned departments to submit a comprehensive report on the allegations. Once the information is received, we will decide on the course of action. So far, no decision has been taken,'' Chavan told TOI.

    Meanwhile, Mumbai collector Chandrashekhar Oke has submitted a preliminary report to the revenue department on the controversy over the allotment of the land to the Adarsh Cooperative Housing Society in 2004. The report also deals with ownership of the land.

    Though Oke refused to comment on his report, a senior Mantralaya official confirmed that the land allotted to the cooperative housing society belonged to the revenue department. TNN AMONG THE ALLOTTEES

I A KUNDAN | Former collector of Mumbai, current joint secretary (planning) P V DESHMUKH | Ex-deputy secretary

KANISHKA J PHATAK | Son of former BMC commissioner Jairaj Phatak KANHAIYALAL GIDWANI | Former Congress MLC and sons Kailash and Amit SEEMA VYAS | FDA commissioner JITENDRA S AWHAD | NCP MLA RAJESH KUMAR DAS | VP, Maharashtra State Road Development Corporation

RANJIT SANGITRAO | Son of transport secretary C S Sangitrao

DEVYANI KHOBRAGADE | Daughter of former BEST GM Uttam Khobragade

J M ABHYANKAR | Ex-director, education

ONKAR TIWARI | Son of state info commissioner and ex-UD secy Ramanand Tiwari


 In the Hon'ble High Court of Delhi at New Delhi

Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012


IN THE MATTER OF:
Seema Sapra                                                                            …Petitioner
versus

General Electric Company and Others                                               ….Respondents


AFFIDAVIT

1.      I, Seema Sapra, daughter of Late Shri A. R. Sapra, aged 43 years, previously resident of G 4, first floor, Jangpura Extension, New Delhi 110014 and rendered homeless on 30 May 2012 (because of and as a result of the whistleblower complaints of corruption, forgery, bribery, fraud and illegal activities made against General Electric, Montek Singh Ahluwalia, Planning Commission, Railway Ministry and Ministry of Finance and as a result of the whistleblower corruption petition (W.P. (C ) 1280/ 2012) and because of my complaints of sexual harassment against Mr Soli J Sorabjee and Mr Raian Karanjawala) in contempt of this Hon'ble Court's order dated May 25, 2012 and presently homeless do hereby solemnly affirm and state as under.

2.      I am the Petitioner in the present Petition and am well aware of the facts of the case and am competent to file the present affidavit.

3.      This affidavit is being filed to supplement the Petitioner's application (filing diary no. 234826/ 2014) on the issue of Mr Suresh Prabhu's dubious appointment as Rail Minister under influence from General Electric Company in this writ petition which is coming up for hearing before Court for the first time on 1 December 2014.

4.      In this application the Petitioner has stated that on 9 November 2014, Mr Sadanand Gowda who was opposed to the Madhepura and Marhowra proposed locomotive factory Projects and tenders because these Projects and tenders were tainted with corrupt dealings was unceremoniously replaced as Railway Minister with Mr Suresh Prabhu by Prime Minister Narendra Modi under pressure from General Electric Company, respondent 1 in this whistleblower corruption case.

5.      The relief sought by the Petitioner in her application on the Suresh Prabhu issue is reproduced below.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:
(a)        Direct the Government of India through the PMO (respondent 5 herein) to ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  to ascertain and declare any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and to ascertain and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects;
(b)        Direct the Government of India through the PMO (respondent 5 herein) to ensure that Suresh Prabhu as Railway Minister does not act unlawfully in connection with the Marhowra and Madhepura locomotive factory Projects and that no attempt is made to cover up the complaints of corruption, fraud, forgery, bribery, FCPA violations, tender manipulation, and illegal lobbying that are pending against General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura;
(c)        Direct Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister;
(d)       Issue notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections;
(e)        Direct the Railway Ministry to replace advocate Om Prakash with a lawyer who will not facilitate the cover-up of the corruption complaints against General Electric and who will not collude with General Electric Company's alleged lawyers to sabotage this writ petition;
(f)        Direct that ASG Sanjay Jain who has been instructed to appear in this matter for respondents 4 and 5 (Railway Ministry and the PMO) start assisting the Hon'ble Court and not skip court hearings;


6.      Mr Suresh Prabhu has a history of covering up General Electric corruption and protecting General Electric interests while foregoing legitimate interests and rights of the Government of India which he exhibited while he was Power Minister in the Vajpayee Cabinet and dealing with the Enron-GE-Bechtel consortium's Dabhol Project.

7.      Mr Suresh Prabhu was rewarded for protecting General Electric Company's interests and for covering up the corruption in the Dabhol Project and subsequently became an entrepreneur cum self-professed policy-czar in the power, renewable energy, water, and infrastructure space. General Electric Company is one of the largest companies in these spaces especially in the area of renewable energy and it helped Suresh Prabhu set up as an entrepreneur and self-professed policy expert.

8.      Mr Sharad Pawar also has a long history of dealings with General Electric Company involving corrupt deals at the expense of the Indian exchequer. Some examples are again the Dabhol Project and the Air-India aircraft purchase orders from Boeing fitted with General Electric engines. The corruption inherent in what is now known as the Air India scam which has ended up bankrupting and destroying the national air carrier (a matter that of national shame that calls for introspection) has been the subject of a CAG report and involved then Civil Aviation Minister Praful Patel, appointed to the Manmohan Singh Cabinet as a nominee of Mr Sharad Pawar's party (NCP) and close to Mr Sharad Pawar.

9.      The recent legislative assembly elections in Maharashtra and the failure of the BJP to secure a complete majority and its resultant dependence on either the NCP (Mr Sharad Pawar's party) or the Shiv Sena afforded an opportunity for General Electric Company to again pressurise the BJP led Government of India.

10.  As part of the machinations involving government formation in Maharashtra, General Electric Company used Mr Sharad Pawar to pressurise Prime Minister Modi to induct Suresh Prabhu into his Cabinet as Rail Minister.

11.  The Petitioner has already raised serious concerns based upon facts and evidence about Mr Suresh Prabhu's suitability for appointment as Rail Minister in her application which will be listed on 1 December 2014.

12.  The Petitioner's concerns that General Electric Company is behind Mr Suresh Prabhu's appointment as Rail Minister and that Suresh Prabhu has been brought in to cover up corruption by General Electric Company in the Madhepura and Marhowra Projects and tenders is further buttressed by an interview given by Mr John Rice, Vice Chairman of General Electric Company to an Indian media outlet on 19 November 2014 which is reproduced below. Through this interview cleverly moulded using pre-set questions with the help of the interviewing journalist, Mr John Rice acknowledges that Suresh Prabhu is amenable to General Electric's position, and Mr John Rice further lobbies for award of the Marhowra Project by stating: "I have been in talks with the government on rail modernization probably for the last 17-18 years. Some of my earliest trips to India involved rail modernization. We are ready, willing and able to go and we are quite hopeful that the new minister will move the tendering process forward."

Nov 19, 2014, 01.08 PM IST | Source: CNBC-TV18 New gas price at low end of expectation: GE On rail modernization, John Rice of GE says he has been in talks with the government for the last 17-18 years. He is hopeful that the new minister will move the tendering process.

Read more at: http://www.moneycontrol.com/news/business/new-gas-price-at-low-endexpectation-ge_1232489.html?utm_source=ref_article

New gas price at low end of expectation: GE
John Rice, vice-chairman of GE believes the new gas price is at the low end of expectation. He is not sure whether it will be enough to create all the investments needed to push supply to meet demand in India.

On rail modernization, he says he has been in talks with the government for the last 17-18 years. He is hopeful that the new minister will move the tendering process.

Below is the verbatim transcript of John Rice's interview with CNBC-TV18's Malvika Jain

Q: Gas pricing has been a matter of concern for GE and now that the government has fixed it at USD 5.6 per mmbtu, what do you think about it? Is that something in line with expectations, what does it mean for GE?

A: From everything I can tell, it is at the low end of expectations and whether it is enough to facilitate all the investment that needs to be made to create the gas supplies that this country needs, I don't know. I think most people would say it needs to be a little bit higher than it is but it is a start and so we are happy about that.

Q: In India we have a new railways minister and FDI in rail is also permitted, are you in talks with the government to develop some sort of a network and invest into India?

A: I have been in talks with the government on rail modernization probably for the last 17-18 years. Some of my earliest trips to India involved rail modernization. We are ready, willing and able to go and we are quite hopeful that the new minister will move the tendering process forward. We will invest, we know other companies who are willing to invest and it is something that the country needs.

Q: How much are you willing to invest into rail modernization in India, is there a specific number that you can give to me?

A: The last time when the tendering process took place, we were prepared to invest several hundred million dollars and bring in our most current locomotive technology and obviously we would have to look at the conditions and the circumstances the next time around but certainly something of that magnitude, we would be prepared to do.

Q: Prime Minister Modi has been making the Make in India call. What does it mean for a foreign investor like you if it was for railway modernization, can we expect you to be setting up plants for manufacturing in India and also for other infrastructure projects?

A: Absolutely. We understand clearly, not just in India that jobs have become the real global currency. It is not the US dollar, it is jobs. Job creation is important everywhere. You cannot have sustainable inclusive growth if you are not creating jobs. So the Indian government, Prime Minister Modi, clearly understands that and he is starting to take the steps necessary to create an environment for investors where companies like ours and others will create the jobs that need to fuel this economic growth.


13.  Contrast Mr John Rice's (General Electric Company) interview with that of Mr William P Ainsworth, President and CEO of Electro-Motive Diesel (EMD) and Progress Rail Services (the Caterpillar-owned subsidiary that acquired EMD in 2010) to a different Indian media outlet published on 27 November 2013, also reproduced below. EMD is the other interested bidder in the Marhowra Project and tenders and is the only rival to General Electric Company for this Project due to tailored eligibility criteria intended to keep all other potential bidders out. When Mr William P Ainsworth is asked to comment on the live Marhowra tender, he replies "when the request for qualification is in process, we don't comment."

'India a bigger rail engine market than China'

Mamuni Das
Using gas rather than diesel-based engines offers customers substantial savings.

Electro-Motive Diesel (EMD), part of the $65-billion capital goods major Caterpillar, is one of the two key American firms competing for a tender to supply diesel locomotives to Indian Railways, the other being GE. William P. Ainsworth, President and CEO of EMD and Progress Rail Services (the Caterpillar-owned subsidiary that acquired EMD in 2010), spoke to Business Line about the key markets for the company's business and also its attempts to develop gas-based locomotives on the back of high diesel prices.

Edited excerpts:

What is the value of business that EMD gets from India?

The problem is we are not a separate reporting section within Caterpillar and we don't reveal the business we do with separate customers. In India, we have one customer — Indian Railways — so it would be difficult to share numbers.

Which countries provide you business?

North America is our largest market. After that it is India, Australia and Brazil.

Not China?

We do some business in China, but it is not a large market for us. Several years ago, in 2005, we had a large order to provide 300 locomotives to China…But India is a consistent market for us.

Did this China order incorporate a transfer of technology component (as the Chinese tend to always do)?

It had some. Some technology we transferred, some we didn't.

Was the transfer of technology agreement with China based on the number of locomotives or the number of years?

Good question, but I don't know the answer to that question. They (EMD) did that part before we (Progress Rail) acquired them.

What is the nature of customers for Progress Rail — primarily state-owned or private owned? Could you give us a break-up?

North America is primarily private. But if you get outside North America, quite a bit is government-owned. Brazil is privatising rail roads, Australia has privatised rail roads. So, I would say it is more private than government. In India, it is government-owned, and so is the case in some other jurisdictions. But it would be difficult to give specific numbers.

You have the railway systems of so many countries as your customers. Which markets are still seeing good growth in orders in the backdrop of the current overall slowdown?

Even though the market is slowing down, worldwide, people are realising that transporting goods and services by rail is the most economical and environment-friendly way to move. Moving freight by rail is two-to-four times more fuel efficient than moving by truck. And when people move by rail they reduce carbon emissions. So, I would say, on a worldwide basis, people are adding more rail infrastructure and a lot of capacity.

Haven't you seen the incremental capacity addition slowing down in the last five-six years?

Well, it ebbs and flows depending on where you are. Obviously in 2009, everything was depressed. But overall, there is growth in rail movement.

You discussed rail versus road competition. What about intra-rail – the diesel versus electric debate. With diesel prices going up, how will your customers get more value for money?

Caterpillar is our parent company. We are the largest high-horsepower engine manufacturer in the world. At EMD, we have the best engine technology available to our customers. So, for the customers that burn diesel we are making more fuel efficient engines.

But one of the big initiatives we are working on with our customers is in the area of liquefied natural gas (LNG). We have demos at the end of this year in North America. Using gas rather than diesel-based engines offers customers substantial savings on current prices in the US now. Also, we are also discovering more and more gas (globally). We are definitely looking at alternative fuel plans.

Are you referring here to the BNSF project (a railroad where Warren Buffett is an investor)?

I won't name any customer. We are working with several customers on gas-based technology.

Indian Railways, too, has been talking about biodiesel- and LNG-based locomotives. Are you currently involved in any discussion in these areas?

Biodiesel, yes. We have told Indian Railways that 5 per cent blend is what we would be perfectly fine with. We are also willing to work with the RDSO (Indian Railway's Research Design and Standards Organisation) on how high we can go with the blend. We are also doing bio-fuel with vegetable oil.

You are already supplying to Brazil, which does a lot of bio-fuel blending. But we have heard that customers who do bio-diesel blending face warranty issues from loco manufacturers…

Bio-diesel is hydroscopic; it absorbs a lot of moisture. So, you have to be careful about how much you blend.

About your business in China. You got the 300 locomotives order in 2005; why hasn't that moved forward?

Well, we worked with China Northern Locomotive and had a 300loco order that we sold them. They were 6000 HP locomotives. There are other opportunities in China that we are evaluating currently. But we see other markets in rail...(and they are) the ones that we are putting our resources in.

Is it true that one of the firms you supplied to in China is today competing with you in the Indian Railways' loco tender now?

(With a laugh): You did say that, I did not. All I can say is we are focussing our resources on specific countries that I talked about earlier.

Have you previously executed public private partnership (PPP) contracts of the kind that you are evaluating now in India (the tender floated by the Railways involves setting up a locomotive project at Madhepura in Bihar through a joint venture)?

PPP is a big word. We have done a lot of deals with governments to provide locomotives and sell them maintenance services. We would not comment about the ongoing tender.

Last time, (in 2008-09), the diesel loco tender got cancelled because EMD did not bid for the project, and Indian Railways was left with just one bidder — GE. You are most likely to be short-listed this time. If short-listed, will you bid?

We have to pre-qualify. We have submitted the documents to pre-qualify. And other than that, when the request for qualification is in process, we don't comment.

But your qualification is almost certain. So, if you qualify, will you bid financially?

Our company policy is to not comment when the process is on.

All I am trying to know is whether you will submit financial bids this time, given the last experience when you pre-qualified but still did not submit a financial bid?

We are not going to comment on that. We are a publicly traded company.

(This article was published on October 25, 2013)
Printable version | Nov 27, 2014 10:07:55 AM | http://www.thehindubusinessline.com/opinion/india-a-bigger-rail-engine-market-than-china/article5272586.ece © The Hindu Business Line




DEPONENT

VERIFICATION


Verified at New Delhi on this 27th day of November 2014 that the contents of the above affidavit are true and correct to my knowledge and that nothing material has been concealed therefrom.
                                                                                               

DEPONENT  


In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012


IN THE MATTER OF:

Seema Sapra                                                                            …Petitioner
versus

General Electric Co. and Others                                             ….Respondents

INDEX
No.
Particulars
Page
1
Petitioner's affidavit to supplement Petitioner's application (filing no. 234826/2014) on the issue of Mr Suresh Prabhu's appointment as Rail Minister under influence from General Electric Company
1-10


Place: New Delhi                                            Petitioner in Person
27 November 2014                                         Seema Sapra
                                                                       
Rendered homeless since May 30, 2012 as a result of corruption complaints against General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless
9582716748
seema.sapra@gmail.com

Note: All 17 respondents have been served with an advance copy of this affidavit by email dated  27  November 2014

 In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
C.M. Appl. No.         of 2014
In
Writ Petition No. 1280 of 2012


IN THE MATTER OF:
Seema Sapra                                                                                        …Petitioner
Versus
General Electric Co. and Others                                                         ….Respondents

An Application under Section 151, Civil Procedure Code seeking directions that the Government of India through the PMO (respondent 5 herein) ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects; and directions to Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister; and for issuance of notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections

                                                                                    The Petitioner above named
Most Respectfully Showeth:
1.                  This is an application placing on record the concerns of the Petitioner-whistle-blower regarding developments in the Railway Ministry, Respondent 4 herein, which have an impact on how the Government of India deals with the complaints of corruption, fraud, forgery, bribery and illegal lobbying that are before this Court in connection with the Projects and tenders for the proposed diesel locomotive factory at Marhowra and the proposed electric locomotive factory in Madhepura.

2.                  The new NDA government led by Prime Minister Narendra Modi assumed office after the General Elections in May 2014.

3.                  Prime Minister Narendra Modi appointed Mr Sadanand Gowda as the Railway Minister in May 2014.

4.                  On 9 November 2014, Prime Minister Narendra Modi suddenly replaced Mr Sadanand Gowda with Mr Suresh Prabhu as the Railway Minister.

5.                  Since this petition was filed in February 2012 drawing attention to the biggest corruption scandal in the Railway Ministry to date involving public revenue to the tune of almost 20 Billion USD, the Railway Ministry has seen several rail ministers including Ms Mamata Bannerjee, Mr Dinesh Trivedi, Mr Pawan Bansal, Mr Kharge, Mr Sadanand Gowda, and now Mr Suresh Prabhu. Even former PM Mamohan Singh held charge of this Ministry for a short time. Out of this list, at least 2 rail ministers (Pavan Bansal and Sadanand Gowda) overseeing these projects have been subjected to phone taps. Both Pavan Bansal and Sadanand Gowda have faced criminal investigations involving close family members during their tenure as Rail Ministers. The Rail Minister is required to approve the award of the Marhowra and Madhepura Projects.

6.                  It must be reiterated that General Electric Company is capable of influencing political leaders and of targeting Rail Ministers and Railway Board members in order to prevent them from discharging their official duties in connection with the complaints of corruption against General Electric.

7.                  PM Narendra Modi met the CEO of General Electric Company (Jeffrey Immelt) during his September 2014 visit to the United States.

8.                  In September 2014, the Financial Commissioner of the Railway Board had written to then Rail Minister Sadanand Gowda complaining about the corruption in the Madhepura and Marhowra Projects and recommending that the 2013 tenders for these Projects should also be scrapped as these constitute debt traps for the Indian Railways. According to the Railway Board Financial Commissioner there was no necessity for the Railways to enter into such long term binding purchase orders with assured offtake for electric and diesel locomotives in such large numbers.

Railway official removed after debt trap projection, warned against setting up of rolling stock making units
Ajmer Singh, ET Bureau Oct 18, 2014, 04.00AM IST
http://articles.economictimes.indiatimes.com/2014-10-18/news/55172927_1_indian-railways-debt-trap-arunendra-kumar

("If financial commitments…)
NEW DELHI: The financial commissioner of the Indian Railways has been removed a month after she came up with projections that the state-owned transport behemoth could be headed for an 'irreversible debt trap' if it went ahead with plans to set up new rolling stock manufacturing units. The official, Rashmi Kapoor, was removed on October 14 and replaced by Rajalakshmi Ravi Kumar.



The change took place when Kapoor, who was also holding post of Additional Member (Finance) in the Railway Board, was in Japan on an official trip. On September 5, Kapoor had sent a note to Railway Board chairman Arunendra Kumar, cautioning against setting up new rolling stock manufacturing units under Assured Offtake Agreements (AOT) on the ground that this would result in a financial commitment of Rs 1.65 lakh crore, which would plunge the Railways into a debt trap.

The September 5 letter was marked to the Railway minister. Kumar confirmed that the finance department had reservations about the wisdom of the locomotive manufacturing plans, but said the Railways would go ahead.

"In 2009 the finance department said yes, and in 2014 it says no, that is not acceptable. I must tell you that due diligence has been done, there is no question of debt trap. We are getting the best technology, these are high technology locomotives which our factories can't make. The locomotives are instant revenue earners, tracks won't give you money," Kumar told ET. An official from the finance department said its analysis indicated huge outflows on account of interest payments.

"We sensitised the new regime in July-August, and in September, recorded our objections on the files that there is no requirement of additional locomotives. And that the proposals to set up rolling stock manufacturing units under Assured Off-Take (AOT) agreements through PPP mode should be dropped."

If financial commitments are affected, the annual lease charge serving liability of Indian Railways (IR) towards Indian Railways Finance Corporation (IRFC), from whom loans shall be raised, would exceed the annual borrowing," a senior Railway officer told ET on condition of anonymity.

"We had apprised the previous Railway Minister Mallikarjun Kharge also, but nothing happened. And now we decided, this is a national waste and can't be allowed," he said.

Further, locomotives and wagons, if needed, can be sourced from units belonging to the Railways. Besides, Dedicated Freight Corridors, once made operational, would permit high-speed freight trains, thereby reducing the additional rolling stock requirement, so there is a need to decongest the tracks, the finance department reportedly advised.

However, the officials of Mechanical and Electrical wings of the Raiways, insists that the figures projected by the finance wing are theoretical and not applicable to field situations. They insist there is a requirement of additional wagons and locomotives, and commitments made in Parliament to set up these units must be honoured.

"We are short by 500-600 locos and we can't invest in inefficient loco units, where saturation has already reached. Also money generated through these new locos will be high. The two units at Madhepura and Marhowra would manufacture 1800 locos, these are revenue earners. The Cabinet has approved the financial bid document for these two projects. Under the AOT agreements, we have rigid performance parameters. And for 6000 HP and 12000 HP locos, the technology being offered is far superior, which our units at Chitaranjan and Varanasi can't manufacture," Kumar said.


The two units proposed to be set up under AOT agreement are ELF Madhepura (for electric locomotive) and DLF Marhowra (HP Diesel Locomotives). In all, 15 rolling stock units are proposed to be set up under AOT agreements, through Public-Private Partnership (PPP) mode. According to official figures, in 2013-14, Railways borrowings were at Rs 11,790 crore, whereas lease charges (debt servicing) stood at Rs 13,180 crore, with a negative cash flow of Rs 1,390 crore.

"The total financial commitment between 2018- and 2029 is estimated to be Rs 1.65 lakh crore. These are all green field projects and railways shall have to pay for them by borrowing from IRFC. And if AOT commitments are affected, then average annual borrowing from IRFC would peak to Rs 38,000crore. Railways is not generating enough to pay service charges, which include dividend charges to government of India and lease charges to IRFC," disclosed a senior railway official, who has direct knowledge of the ongoing controversy.


9.                  News reports were subsequently published that Mr Sadanand Gowda was not inclined to proceed with the Madhepura and Marhowra Projects.

10.              Therefore when Mr Sadanand Gowda was suddenly replaced on ( November 2014 by Mr Suresh Prabhu as Railway Minister, the Petitioner decided to look into Mr Suresh Prabhu's background.

11.              Based upon her research into Mr Suresh Prabhu's background, the Petitioner emailed her concerns about Mr Suresh Prabhu's appointment as Rail Minister to the President of India and to Prime Minister Narendra Modi on 17 November 2014.


12.              These two emails of the Petitioner dated 17 November 2014 and titled "Suresh Prabhu's benami companies - further representation to PM Narendra Modi about unsuitability of Suresh Prabhu as Rail Minister from Seema Sapra, General Electric whistle-blower in WP Civil 1280 of 2012, a corruption whistleblower case (Seema Sapra v General Electric Company and Ors.)" totalling 23 pages have been filed by her in this matter on 19 November 2014 and are on the court record.

13.              These emails raise the following concerns about Mr Suresh Prabhu's appointment as Rail Minister.

To the President Pranab Mukherjee, and Prime Minister Narendra Modi,

I am concerned that Mr Suresh Prabhu as the new Railway Minister will assist General Electric Company and Montek Singh Ahluwalia in covering up the corruption, bribes, forgery, fraud, and illegal lobbying involved in the Projects and tenders for the diesel locomotive factory at Marhowra and the electric locomotive factory at Madhepura, which complaints are subjudice before the Delhi High Court in Writ Petition Civil No. 1280/2012 (Seema Sapra v General Electric Company & Others). The PMO, the Railway Ministry, the CVC, the CBI and the Delhi Police Commissioner are the State respondents who have all been issued notice by the Delhi High Court in this matter. General Electric Company, Bombardier, Siemens, Alstom, EMD (a Caterpillar subsidiary) and BHEL are all respondents in this matter who have been issued notice by the Delhi High Court.
I remind you of some aspects from Mr Suresh Prabhu's past and recent past.
Mr Suresh Prabhu was involved in the multi-crore cobbler scam in Maharahtra in the mid-1990s when he was Chairman of Saraswat Bank.
Mr Suresh Prabhu also played a dubious role in the Enron-GE-Dabhol scam when he was Power Minister in the Vajpayee led NDA government. It appears as if Suresh Prabhu's appointment as Power Minister was to facilitate the cover up of the corrupt dealings in the Dabhol Project.
Suresh Prabhu benefited from the Adarsh scam as a flat allottee, and with his links to power and politics in Maharashtra, his claim that he was unaware of the illegalities and was a mere "victim" is disingenuous.
I attach a copy of Mr Suresh Prabhu's CV. He claims to be active as an entrepreneur in the area of renewable energy. He is therefore bound to have past and ongoing ties to General Electric Company, one of the biggest corporates in the area of energy and renewable energy.
Mr Suresh Prabhu is pursuing a PhD at the Freie University in Berlin, which is described on the internet as a CIA funded organization.
Mr Suresh P. Prabhu is Chairperson of the Council on Energy, Environment and Water, India.
Suresh Prabhu's son Ameya Prabhu is an entrepreneur and investor in energy portfolios and projects. His CV reads like that of a middleman for energy deals.
Suresh Prabhu and his son Ameya Prabhu appear to have been jointly working as a lobbying/fixer/facilitator team for corporate interests in the area of renewable energy and water policy and projects in India.
Suresh Prabhu and his son Ameya Prabhu must disclose their past and present dealings (including financial dealings) with General Electric Company and its affiliates.
Ameya Prabhu's business interests create a clear conflict of interest if Suresh Prabhu handles any energy/ renewable energy related policy/ projects for the Government of India. It is therefore a matter of grave concern that the present government of Prime Minister Narendra Modi has appointed Suresh Prabhu as the head of a high-level panel on power revamp — "Advisory Group for Integrated Development of Power, Coal and Renewable Energy."
I have earlier complained of conflict of interest concerns regarding Montek Singh Ahluwalia and his son Pawan Ahluwalia. Mr Suresh Prabhu and his son Ameya Prabhu are in the same boat and Mr Suresh Prabhu's recent appointments to positions in the Government of India raise serious concerns of conflict of interest.
The Narendra Modi government came to power after an election campaign run on anti-corruption messaging and promises. That is why the appointment of Mr Suresh Prabhu to government positions and to the Railway Ministry despite his conflict of interest and past background of involvement in corruption and its cover-up is very disappointing. I urge Prime Minister Narendra Modi to correct course and to ensure that there is no cover up of the corruption, bribes, forgery, fraud, and illegal lobbying involved in the Projects and tenders for the diesel locomotive factory at Marhowra and the electric locomotive factory at Madhepura, which complaints are subjudice before the Delhi High Court in Writ Petition Civil No. 1280/2012 (Seema Sapra v General Electric Company & Others).
I have included below a brief dossier on Mr Suresh Prabhu and his son Ameya Prabhu.

Seema Sapra

Dossier on Suresh Prabhu

Amerya Prabhu is the Deputy Managing Director of Greenergy Renewables Private Limited which describes itself as a Renewable Energy Independent Power Producer (IPP) and a Renewable Energy Services Company (RESCO). According to its website, Blue Crane Holdings Pvt. Ltd. (BCH) is the investor in Greenergy Renewables Pvt. Ltd. Ameya Prabhu is the nominee of Blue Crane in Greenergy.

Greenergy's website contains the following profile for Ameya Prabhu:
"Mr. Ameya Prabhu - Deputy Managing Director
Mr Ameya Prabhu, in his capacity as Deputy Managing Director, is responsible for working closely with the Managing Director to lead the organization towards achievement of its goals. Mr Prabhu is involved extensively in devising a corporate strategy for Greenergy, and in raising funds for the company.
Mr Prabhu is a nominee of Blue Crane Holdings on the Board of Directors of Greenergy Renewables. Blue Crane Holdings is a company focused on emerging business opportunities in the water and clean energy sectors. His areas of expertise include: finance, renewable energy, energy efficiency, power, foreign collaborations and partnerships.
Mr Prabhu was previously a Director with Energy India Corporation and was involved in developing thermal and wind power projects in South Asia. He was involved in formulating a relationship with a leading European utility for co-developing a thermal power plant in Maharashtra, India and in tying up the coal linkage for the project.  His earlier experience includes stints at IL&FS marine transport division, Enam Consultants, DSP Merill Lynch and ICICI Bank.
Mr Prabhu holds a Masters in Financial Management from the IE Business School and is a CFA Level II Candidate. He has a B.Sc. in Economics, Politics and International Studies at the University of Warwick."

The Blue Crane website at http://www.bluecraneholding.com/index01.htm contains no information about its officers or its investors.  The only information on this website is some contact information which reads as under:

"Aban House, 3rd floor, Sai Baba Lane
(Rope Walk Lane), Behind Rhythm House
Fort, Mumbai 400023 INDIA

Tel : +91-22-4002 5770
Fax : +91-22-4002 5778
Email: info@bluecraneholding.com
Web : www.bluecraneholding.com"

Ameya Prabhu is also shown as a Director in Essay Infra, and the company's website contains the following profile for Suresh Prabhu:

"Ameya Prabhu, Director
With a Bsc. in Economics, Politics and International Studies from the University of Warwick and a Masters in Financial Management from the IE Business School in Madrid, Spain, he is actually positioned as a CFA Level II Candidate.
Previously a Director with Energy India Corporation, Mr. Prabhu was involved in developing thermal and wind power projects in South Asia. He was involved in formulating a relationship with a leading European utility for co-developing a thermal power plant in Maharashtra, India and in tying up the coal linkage for the project. His earlier experience includes stints at IL&FS marine transport division, Enam Consultants, DSP Merill Lynch and ICICI Bank.
Mr.Prabhu's areas of expertise include: finance, renewable energy, energy efficiency, power, foreign collaborations and partnerships. Currently he is actively working towards promoting closer integration between companies in India, China and Latin America."

Energy India Corporation has no functional website. This is where Ameya Prabhu claims to have worked earlier.
http://essayinfra.com/ameya_prabhu.html

ESSAY INFRA RESOURCES PVT. LTD.

Corporate Office:
201, Sumer Kendra,
P.B. Marg, Worli,
Mumbai 400093,
Maharashtra, India.
           
Tel.: +91 22 - 40963300
Fax: +91 22 - 40963300

Email: info@essayinfra.com
Essay Infra's website describes its business areas in the following terms:
"Business Areas
SWIFT business, swiftly.

Essay Infra has evolved its key areas of focus in synch with the India-development theme. With our focus on Solar Energy, Water, Infrastructure, Finance and Trading, Essay Infra is aligned to make most of the immense potential that lies ahead in the region.

We have designed the interplay between our areas of focus and our global partnerships to embed speed and efficiency as we seek to focus on SWIFT in a swift manner."

Mr Suresh Prabhu also appeared to own a Finance Company at one time.
"AMEYA PRABHU FINANCE LIMITED
L65990MH1997PLC106955
No of Views
8
( 0 voters)
Brief
AMEYA PRABHU FINANCE LIMITED is a listed company registered on 31/03/1997. The company has an authorized capital of Rs 30,00,000.00 and paid-up capital of Rs 25,00,000.00.
Its registered office is situated at Unit No 1/2 & 3 Mid Townplaza Shivaji Nagarnear Punjab National Bank, Thane, Maharashtra, India-400604.
The status of company in the records of Registrar is strike off which means that it has closed its operations.
Company has currently 0 director and falls under the jurisdiction of Registrar of Company-Mumbai.
BASIC DETAILS
Incorporation Date
31/03/1997
Registering Authority
Registrar of Company-Mumbai
Registration Number
106955
Listing Type
Listed
Company Nature
Company limited by shares
Company Type
Public
Status at Registry
Strike off
Company Sub Category
Indian Non-Government Company
Authorized Capital
Rs. 30,00,000.00
Paid-up Capital
Rs. 25,00,000.00
CONTACT DETAILS
 Edit
Address           UNIT NO 1/2 & 3 MID TOWNPLAZA SHIVAJI NAGARNEAR PUNJAB NATIONAL BANK
City     THANE
State    Maharashtra
Country           INDIA
Pin       400604
Email Id          Not Available"


Published: July 2, 2014 01:58 IST | Updated: July 2, 2014 01:58 IST
Suresh Prabhu to head panel on power

Sandeep Dikshit
The National Democratic Alliance government has appointed the former Cabinet Minister, Suresh Prabhu, as the head of a high-level panel on power revamp — "Advisory Group for Integrated Development of Power, Coal and Renewable Energy."

Mr. Prabhu will draw on his experience as the initiator of reforms in the power sector during his tenure as Power Minister in the former NDA government when he had piloted the integrated electricity bill and the law for setting up a regulator, something that current Minister Piyush Goyal wants to do in the coal sector, sources said.

Mr. Prabhu will be assisted by three former bureaucrats — Pratyush Sinha, Anil Baijal and Partha Bhattacharya.

The former Central Vigilance Commissioner, Pratyush Sinha, was earlier heading a committee overseeing distribution of Central officers of Andhra Pradesh cadre between the two successor States of Telangana and Andhra Pradesh in the previous government.

Vast experience
Mr. Baijal has extensive experience in the public and private sectors. A former Indian Airlines chief and former Union Home Secretary, he has also been associated with DLF, ITC and Bharti Groups post-retirement.

Mr. Bhattacharya is a former Coal India Limited chief who had piloted the country's largest IPO. He was also instrumental in turning around Bharat Coal that was incurring annual losses of Rs. 600 crore.
http://www.thehindu.com/news/national/suresh-prabhu-to-head-panel-on-power/article6167646.ece

Keywords: Power ministry, Suresh Prabhu
National          MAGAZINE | JAN 15, 1997
MAHARASHTRA
Beneficiaries All
Politicians are implicated in the Rs 1,000-crore cobbler scam
CHARUBALA ANNUNCIO
THE boot may well be on the other foot now. While it was former sheriff Sadruddin Daya of Dawood shoes, Rafique Tejani of Metro Shoes and Kishore Signapurkar of Milano Shoes who were held as the prime accused in the Rs 1,000-crore cobbler scam, fresh investigations have revealed the full-fledged compliance of Maharashtra politicians in the fraud.

Leaders from all three prominent parties—the Congress, the BJP and the Shiv Sena—appear to have been involved in the diabolical siphoning of public funds under the garb of setting up cooperative societies for poor cobblers.



While Congressman Shinde's Chakrayu society flouted rules with impunity, the Sena-BJP's Munde (right) helped by making it easy for Mumbai cooperatives to avail of KVIC subsidies.    


And in the coming weeks, investigators hope to unearth the names of the political beneficiaries of the embezzlement.
Meanwhile, allegations are flying thick and fast. Among the political links being investigated is that of former Maharashtra chief minister, Sharad Pawar. Though there is no direct evidence implicating the Congress leader, investigations have revealed Tejani to be a director of the    Rs 500-crore Dynamix Dairy Products Pvt Ltd in which Pawar is believed to have a stake through the holdings of family members. According to sources, the sole milk supplier to Dynamix, the Baramati Milk Cooperative, is controlled by Pawar. Sources hint that a good amount of the money from the shoe scam may have been diverted to Dynamix. However, the Pawar link still remains tenuous.

What is not tenuous, however, is that it was during Pawar's regime that Congressmen had a field day. It was at this time thistimethat                              Sushil Kumar Shinde, chief of the Maharashtra Pradesh Congress Committee (MPCC), floated the Chakrayu society which flouted every rule in the book. It dealt in machine-made goods against the mandatory rule of handcrafted leatherwear. So while the project report guaranteed employment to 2,000 cobblers, only about 50 were actually employed. Further, the rules say that 10 per cent of the total funds should be contributed by members of the society; 60 per cent should come from financial institutions and the state government should loan the remaining 30 per cent. However, according to the Accountant General's report, member contribution to the Rs 133-lakh Chakrayu project was just            Rs 4.75 lakh. Of this, Rs 4.25 lakh was contributed by 200 members who were shown as "people of repute". Investigations reveal that they included Kripashankar, vice-president, MPCC and Ramdas Phutane, a Congress MLC, among others.

With the cobblers being too poor to contribute even the token Rs 100 to join cooperatives, it is usually the Mahatma Phule Vikas Mahamandal which pays their membership fee. However, in the case of Chakrayu, the Mahamandal refused to give the funds. In 1992, Shinde, then state finance minister, got the government to sanction Rs 44.5 lakh for the society in three instalments. In a further flouting of rules, Shinde got the Maharashtra State Finance Corporation to sanction Rs 60 lakh.

Once Chakrayu was formed, the cobblers' interests were given a back seat, say sources. Normally, every member of a cooperative society has equal voting rights, but Chakrayu modified the rule—only members with a contribution of Rs 1,000 or more were entitled to vote. This virtually alienated the cobbler members of the society.

The Congress involvement has given enough ammunition to the BJP and the Shiv Sena against the previous regime, although both parties cannot deny the involvement of some of their own members. For the moment, however, it is Pawar and his partymen who are being accused of turning a blind eye to the looting of public money. Points out Kirit Somaiya, MLA and Mumbai city president of the BJP: "The previous government cannot be absolved of the responsibility of letting such activity flourish for over 10 years." Nor does that absolve the Shiv Sena-BJP government. The present deputy chief minister, Gopinath Munde, who held the finance portfolio for about three months and presented the '96-'97 budget, is also under the cloud of suspicion. Mrs Maharuk Keravala, a friend of Tejani's wife and a prime suspect in the scam, has alleged that she, along with BJP MLA Sadashiv Lokh-ande and others, approached Munde to help them out. Munde obliged by raising the sales tax exemption limit to Rs 50 lakh and doing away with the need for societies to get a certifi-cation from the Khadi Village Industries Commission (KVIC). The KVIC had laid down in 1987 that only societies located in villages were entitled to benefits from it. By doing away with the need for certification, Munde made it possible for cooperatives located in Mumbai to enjoy the bene-fits of KVIC subsidies.

As investigations continue, lesser known politicians are also being pulled into the net. Money to prime accused Sadruddin Daya was sanctioned by the chairman of Saraswat Cooperative Bank, Suresh Prabhu, who is now a Shiv Sena MP. Bomb blast accused Abu Azmi of the Samajwadi Party has also been found to have links with the scam-sters. The Economic Offence Wing has identified Shiv Sena legislator Baburao Mane among those who may have been aware of the scam.

The BJP claims it is looking into the involvement of its members. The Sena has not been as categoric. But with the interrogation of the accused revealing names of leading lights in the political firmament, the cobbler scam is likely to have a fallout whose repercussions will be felt by all parties, be it the Congress, the BJP or the Shiv Sena.
http://www.outlookindia.com/printarticle.aspx?202844

The Great Indian Cobbler Scam

24
APR
So, in my 5th semester I had to make a project and presentation on 'The Cobbler Scam' and while doing all my online research on this topic I realized there wasn't a wikipedia page dedicated to this scam so I thought I'd post my project on my blog for anyone who'd be interested in knowing more about it.

 Many of the details are going to shock you and for people who've never even heard about this scam,you might even find it amusing,initially. Most people haven't heard about the Great Indian Cobbler Scam  because  it happened only in Mumbai and was exposed in 1995 and ever since there have been SEVERAL scams that have been unearthed which were way bigger and significant than this one. Nevertheless, this scam involved a lot of money and many banks and prominent people as well. And we need to be aware of how rampant corruption in India is in every single field. No wonder India can be aptly called 'The land of Scams'.

So here it is, The Great Indian Cobbler Scam

Image

 The Cobbler Scam is one of the biggest multi million dollars scam in Indian History, is nicknamed The Great Cobbler Scam. What really happened in this Great Cobbler Scam was that various businessman & politicians had siphoned around $600 million US dollars from a scheme that was floated by the Government of India meant to benefit the poor cobblers of Mumbai. Instead, it went into the pockets of the elites who used this money to built luxury homes for themselves and also brought luxury cars, boats, arts, etc. The money of the scheme was meant to provide low interest loans and tax concessions to the Mumbai's poorest – cobblers who work 16-hours a day for less than $2. Not a single penny reached these cobblers.

The modus operandi of the mastermind was to float a cooperative society of cobblers to avail of soft government loans through various schemes. Several bogus societies of cobblers were formed only for the purpose of availing these soft government loans. The main heads Daya of Dawood Shoes, Rafique Tejani of Metro Shoes and Kishore Signapurkar of Milano Shoes created fictitious cooperative societies for cobblers. On behalf of these non existing cooperative societies they availed loans of crores of rupees from different banks. The accused created a fictitious cooperative society of cobblers to take advantage of government loans through various schemes. The banks involved in giving loans were also charge sheeted.

The primary accused in the multi-crore shoe scam is Sohin  Daya, son of former Sheriff of Mumbai. The people involved in this racket were Saddrudin Daya, former sheriff of Mumbai and owner of Dawood Shoes, Rafique Tejani, owner of Metro Shoes, Kishore Signapurkar, proprietor of Milano Shoes, and Abu Asim Azmi, president of Samajwadi Party's Mumbai unit and partner in Citywalk Shoes. Beside them various officials of banks and financial institutions were also involved in this multi million dollars scam.

The Banks whose officials were involved in this scam are: Maharashtra State Finance Corporation, Citibank, Bank of Oman, Dena Bank, Development Credit Bank, Saraswat Co-operative Bank, and Bank of Bahrain and Kuwait.

This scam cost the Government of India around $600 million US dollars. This was one of the worst scam in India that cheated the poorest people of the society and benefited a lot of rich and elite people. This is one of the reasons why poverty in India is difficult to eliminate. The scam was exposed in 1995.

HOW THE SCAM UNEARTHED:

The following is an article by the Express News Service on how the Cobbler Scam was exposed:

VIGILANT AGENCIES EXPOSED SHOE SCAM

Express News Service

MUMBAI, June 1: The unearthing of the Rs 1600-crore cobbler's scam that closed in on bigwigs of the shoe industry was expected, caused as it was by three agencies working towards its exposure.

Officials of the Brihanmumbai Municipal Corporation's octroi department had lodged complaints about raw materials being brought into the city on a large scale. These materials had octroi concessions as they were brought in lieu of the cooperative societies. On the basis of the complaints, the police carried out its own   investigations, and a diligent officer in the office of the Registrar of Cooperative Societies decided to do a complete survey of registered societies in Mumbai.

Immediately after taking charge in 1995, Sudhir Thakre, the joint registrar of the Cooperative Society for Mumbai division, ordered a survey of the registered societies. "Our officers, especially auditors of each of these societies complained that most of these societies did not exist at the registered addresses furnished to this office," Thakre said in an exclusive interview to Express Newsline, narrating the process of investigation into the big business' way to success through fictitious cobbler societies.

Thakre decided to survey all the societies that had been formed. "Normally, since most of the cobblers were poor and illiterate, we did not like to harass them with too much inspection. "This leniency on the registrar's part was misused by the businessmen," he admitted.

The BMC, meanwhile, complained to the police about huge consignments of raw materials (used for the purpose of shoe-making) being brought into Mumbai. Worth around two crores, these materials obtained octroi concessions. The police started making their own investigations, and both the agencies got suspicious when "all the cobblers' societies were found missing."A clearer picture emerged by January 1996 when flying squads with the registrar were given specific orders to follow a society to its very last. A report on prima facie evidence was made for the police by March 1996.

"My boys worked for five months, sometimes without the societies themselves realising it, and by August 1996, we got the complete picture," he said.

DCP Sanjay Pandey, who had taken over the Economic Offences Wing then approached him asking for details, since he too was working on the case. "By September 9, a report of 80 to 90 pages was ready for the police. "Till then, we had completed 19 raids and 51 societies were being investigated." The rest, as they say, is history.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.

People Affected by the Scam
•The poor Cobblers of Mumbai are the one who are majorly affected by the Scam as they were not benefited by a single rupee of the Scheme which was meant only for them.

•Government of India was also affected by the Scam as the scam  cost  the  Government  around  1200  crores  Indian rupees.

•The Banks whose officials were involved in the scam like Maharashtra State Finance Corporation, Citibank, Bank of Oman, Dena Bank, Development Credit Bank, Saraswat Co-operative Bank, and Bank of Bahrain and Kuwait, spoiled their reputation.

•Politicians,  bureaucrats  and  top  shoe  manufacturers  in Maharashtra were also affected as the Shoes manufacturers have to shut their shoe outlets and their business was lost.

Politicians Implicated in the Scam

The boot may well be on the other foot now. While it was former sheriff Sadruddin Daya of Dawood shoes, Rafique Tejani of Metro Shoes and Kishore Signapurkar of Milano Shoes who were held as the prime accused in the Rs 1,000-crore cobbler scam, fresh investigations have revealed the full-fledged compliance of Maharashtra politicians in the fraud.

Leaders from all three prominent parties the Congress, the BJP and the Shiv Sena appear to have been involved in the diabolical siphoning of public funds under the garb of setting up cooperative societies for poor cobblers. Meanwhile, allegations are flying thick and fast. Among the political links being investigated is that of former Maharashtra chief minister, Sharad Pawar. Though there is no direct evidence implicating the Congress leader, investigations have revealed Tejani to be a director of the  Rs500-crore Dynamix Dairy Products Pvt Ltd in which Pawar is believed to have a stake through the holdings of family members. According to sources, the sole milk supplier to Dynamix, the Baramati Milk Cooperative, is controlled by Pawar. Sources hint that a good amount of themoney from the shoe scam may have been diverted to Dynamix. However, the Pawar link still remains tenuous. What is not tenuous, however, is that it was during Pawar's regime that Congressmen had a field day. It was at this time that Sushil Kumar Shinde, chief of the Maharashtra Pradesh CongressCommittee (MPCC), floated the Chakrayu society which flouted every rule in the book. It dealt in machine-made goods against the mandatory rule of handcrafted leatherwear. So while the project report guaranteed employment to 2,000 cobblers, only about 50 were actually employed.

Further, the rules say that 10 per cent of the total funds should be contributed by members of the society; 60 per cent should come from financial institutions and the state government should loan the remaining 30 per cent. However, according to the Accountant General's report, member contribution to the Rs 133-lakh Chakrayu project was just Rs 4.75 lakh. Of this, Rs 4.25 lakh was contributed by 200 members who were shown as "people of repute". Investigations reveal that they included Kripashankar, vice-president, MPCC and Ramdas Phutane, a Congress MLC,among others.

With the cobblers being too poor to contribute even the token Rs 100 to join cooperatives,  it is usually the Mahatma Phule Vikas Mahamandal which pays their membership fee. However, in the case of Chakrayu, the Mahamandal refused to give the funds. In 1992, Shinde, then state finance minister, got the government to sanction Rs 44.5 lakh for the society in three instalments. In a further flouting of rules, Shinde got the Maharashtra State Finance Corporation to sanction Rs 60 lakh. Once Chakrayu was formed, the cobblers' interests were given a back seat, say sources. Normally, every member of a cooperative society has equal voting rights, but Chakrayu modified the rule only members with a contribution of Rs 1,000 or more were entitled to vote. This virtually alienated the cobbler members of the society. The Congress involvement has given enough ammunition to the BJP and the Shiv Sena against the previous regime, although both parties cannot deny the involvement of some of their own members.

For the moment, however, it is Pawar and his party men who are being accused of turning a blind eye to the looting of public money. Points out Kirit Somaiya, MLA and Mumbai city president of the BJP: "The previous government cannot be absolved of the responsibility of letting such activity flourish for over 10 years." Nor does that absolve the Shiv Sena-BJP government. The present deputy chief minister, Gopinath Munde, who held the finance portfolio for about three months and presented the '96-'97 budget, is also under the cloud of suspicion. Mrs.Maharuk Keravala, a friend of Tejani's wife and a prime suspect in the scam, has alleged that she, along with BJP MLA Sadashiv Lokh-ande and others, approached Munde to help them out. Munde obliged by raising the sales tax exemption limit to Rs 50 lakh and doing away with the need for societies to get a certification from the Khadi Village Industries Commission (KVIC).The KVIC had laid down in 1987 that only societies located in villages were entitled to benefits from it. By doing away with the need for certification, Munde made it possible for cooperatives located in Mumbai to enjoy the benefits of KVIC subsidies. As investigations continue, lesser known politicians are also being pulled into the net. Money to prime accused Sadruddin Daya was sanctioned by the chairman of Saraswat Cooperative Bank, Suresh Prabhu, who is now a Shiv Sena MP. Bomb blast accused Abu Azmi of the Samajwadi Party has also been found to have links with the scam-sters. The Economic Offence Wing has identified Shiv Sena legislator Baburao Mane among those who may have been aware of the scam. The BJP claims it is looking into the involvement of its members. The Sena has not been as categoric.

But with the interrogation of the accused revealing names of leading lights in the political firmament, the cobbler scam is likely to have a fallout whose repercussions will be felt by all parties, be it the Congress, the BJP or the Shiv Sena.

What treatment was given at the end of the scam?

•Based on the complaints of BMC, the police started investigations. The banks whose officials were involved in this scam are : Maharashtra State Finance Corporation, Citibank, Bank of Oman, Dena Bank, Development Credit Bank, Saraswat  Co-operative Bank, and Bank of Bahrain and Kuwait were charge sheeted.

• Officials of Bank of Baroda, Saraswati Co-operative Bank and the Bombay Mercentile Co-operative Bank are also facing charges for fraudulent manipulation of government funds.

• After the inquiry, Dawood, Metro, Milano, Citywalk  and a host of other shoe shops were sealed. They opened only after a long battle.

• At present, the shoe scam is in queue of cases waiting to be taken up by the court of the 19th additional chief metropolitan magistrate. All the accused are out on bail.

•Files on the multiple cases of the shoe scam are gathering dust on court shelves.

•The case is still waiting for a trial .

•The Economic Offences Wing (EOW) of Mumbai police filed seven charge-sheets against 28 accused in the Rs 1,600-crore cobbler scam at the 37th metropolitan court.

•Apart from Sadruddin Daya, the prime accused in the scam and former sheriff of Mumbai, his wife Shauheen, two international banks and five co-operative  banks have also been charge sheeted under various sections of the Indian Penal Code (IPC). The charge-sheets were filed before the additional chief metropolitan magistrate, Sharad N Chimade.

Surprisingly, Rafique Tejani of Metro Shoes, Kishore Signapurkar of Milano Shoes and Abu Asim Azmi of Citywalk Shoes have not been charge-sheeted.

EOW officials said the role of the three companies in the scam was still being investigated.

•Others who have been charge-sheeted are: Anwar Merchant, Salim Merchant,  Abdul  Memon,  Bashir  Inamdar, M Z Kerawala, V V Chandy, Arshad Wahedna, B.B Trivedi, R Krishnan, D K Sabawala, S Yogeshwaran and R V Bhatt, M GRamakrishnan, V P Khurana, S N Gokhale, T A Khan, Manohar Surve, Siddique, P K Sukhtankar, D J Raikar, N J Ghotage, D NKamath, P P Deshmukh,V N Dalal, J P Shah and  SiddharthShirali.

•Special public prosecutor P R Namjoshi told the court that the EOW is preparing 26 sets of the charge-sheets to be given to the accused. He requested the magistrate to grant prosecution six weeks' time to furnish the same. His request was granted.

•The sections of IPC included in the charge-sheets cover criminal conspiracy, forgery, preparing and using duplicated documents for financial benefits, criminal breach of trust, cheating, jumping bail limits, fraudulently setting up fake co-operative societies and making money.

CONCLUSION

India is a country riddled with corruption. The Cobbler Scam cost the government $600 million. The irony is that the money was hijacked from a scheme that should have benefited the poor of Mumbai. Instead it went into the pockets of the wealthy elite. The local government in Mumbai set up a scheme to provide low interest loans and tax concessions to the city's poorest – cobblers who work 16-hour days for less than $2. But not a cent ever got through to the cobblers. Instead various businessmen and politicians built luxury homes, bought luxury cars, boats and art. "For India's poor, the Great Cobbler Scam is just confirmation that fifty years after independence, little has changed." said Dominique Schwartz.

The Cobbler Scam was extensively covered by the Indian media from 1995-2009 writing in detail about the several elites and politicians involved in the scam and the investigations being carried out. This scam had headlined leading newspapers like The Times of India, Hindustan Times, The Indian Express, Business Standard, Mid Day and Outlook, the weekly magazine. It was a case that made front page headlines in 1995, managed to stay there for almost two years — before disappearing. Papers like The Indian Express and Hindustan Times continued to cover the Cobbler Scam and how it was handed over to the Economic Offences Wing (EOW) in the year 2006 and how even almost a decade later the cobbler scam, which involved 40 politicians, bureaucrats and well-known shoe manufacturers in Mumbai is still waiting for a trial.

Times of India had even put forth the grievances of the people impacted by the scam. Indian Express informed how the shoe scam was exposed by three agencies after the BMC filed a complaint about raw materials being brought into the city on a large scale. The media did an excellent job in extensively covering the Cobbler scam and how another Cobbler scam was barred in 2006 where families had got recovery notices for loans taken by complete strangers. Political implications in the 1,000 crore cobbler scam was also elaborately mentioned in the Indian media.

However, though the media high lightened all the aspects of the Cobbler Scam, the trial is yet pending in court and the accused out on bail; hence the media pressure on the Government to take quick action against those on the chargesheet was not as strong as it should have been. The investigation files now continue to gather dust while justice has yet not been delivered after more than a decade.

http://fileyourstory.wordpress.com/2012/04/24/the-great-indian-cobbler-scam/




Former Union minister Suresh Prabhu denies involvement in Adarsh scam

Tuesday, 2 November 2010 - 7:08pm IST | Place: Mumbai | Agency: PTI
http://www.dnaindia.com/mumbai/report-former-union-minister-suresh-prabhu-denies-involvement-in-adarsh-scam-1461252

Prabhu, a former Shiv Sena MP who is a member of the Adarsh Housing Society, said that he joined the Society as an MP but when the NDA was not in power.
Former Union minister Suresh Prabhu today washed his hands off the Adarsh scam, saying that he never gave any permission for the project during his tenure in the Union cabinet.

"I never gave any permissions for this project during my tenure as the environment minister," Prabhu said from Singapore.

Prabhu, a former Shiv Sena MP who is a member of the Adarsh Housing Society, said that he joined the Society as an MP but when the NDA was not in power.

"So, there is no question of me influencing any allotment," he said.

"I was not the promoter nor the office-bearer of the Society. I borrowed money from a bank and all the documents were verified before granting me loan," he added.

Prabhu said that his application was scrutinised and verified by the Mumbai city collector. "I followed the same procedure which is a normal routine for applying for membership in such societies."

"If any irregularity regarding the land had been brought to my notice, I would never have become a member. If there is indeed any irregularity, I am a victim," he claimed.


14.              More information and evidence in connection with the Petitioner's valid concerns regarding Mr Suresh Prabhu's unsuitability for appointment as Rail Minister were also emailed by the Petitioner to the President of India and to Prime Minister Narendra Modi. These are reproduced below:


To the President Pranab Mukherjee, and Prime Minister Narendra Modi,
I am writing with even more shocking information about the unsuitability of Mr Suresh Prabhu as Rail Minister and for any Government of India position.
Even a basic background search about Mr Suresh Prabhu and his family would have shown many red flags in connection with his suitability for a cabinet ministerial post or any government post.
An internet search shows that Suresh Prabhu's son Ameya Prabhu and Suresh Prabhu's wife Uma Prabhu are promoter-directors in several companies whose names indicate operations in the business areas of finance, infrastructure, consultancy and energy. Mr Suresh Prabhu is not a business tycoon. Since 1995/1996, he claims to have been in politics. He has been an MP four times. He was a Chartered Accountant. His wife Uma Prabhu is supposed to be a journalist/ writer.
Then why are his son and wife promoters/ directors in the following companies.
SURVALL GLOBAL PROJECTS PRIVATE LIMITED
GREENERGY WIND FARMS PRIVATE LIMITED 
YELLOW MAPLE FINANCIAL ADVISORS PRIVATE LIMITED
INDO-AFRICA RESOURCES PRIVATE LIMITED
INFRA POWER CONSULTING PRIVATE LIMITED
ESSAY INFRA RESOURCES PRIVATE LIMITED
GREENERGY PROJECT DEVELOPMENT COMPANY PRIVATE LIMI TED
FORESIGHT 2020 PROJECT CONSULTANTS PRIVATE LIMITED
BLUE CRANE HOLDINGS PRIVATE LIMITED
CLEANTECH RENEWABLE ENERGY PRIVATE LIMITED
ENERGY INDIA CORPORATION LIMITED
GREENERGY RENEWABLES PRIVATE LIMITED
MANAV SADHAN VIKAS SUSTAINABLE FOUNDATION
EDUWISE CONSULTANCY PRIVATE LIMITED
DUES BERG BOSSON FINANCIAL SERVICES PRIVATE LIMITE D
This confirms that Suresh Prabhu, his wife and son have been involved in some very suspicious business/ financial dealings through these companies.  

I also refer to the following statement from Ameya Prabhu's profile as posted on the website of his company Greenergy Renewables.
"He was involved in formulating a relationship with a leading European utility for co-developing a thermal power plant in Maharashtra, India and in tying up the coal linkage for the project".

This statement shows that Ameya Prabhu basically acted as a middleman/ fixer/broker for this project. He also tied up the coal linkage. Was this part of the coal scam allottments?
Seema Sapra
The information on Suresh Prabhu's benami companies where his wife/son are directors is reproduced below.

http://www.companywiki.in/wiki/survall-global-projects-private-limited.html

SURVALL GLOBAL PROJECTS PRIVATE LIMITED
U40108MH2011PTC214752
No of Views
7
( 0 voters)
Brief
SURVALL GLOBAL PROJECTS PRIVATE LIMITED is a private company registered on 14/03/2011. The company has an authorized capital of Rs 50,00,000.00 and paid-up capital of Rs 1,00,000.00.
Its registered office is situated at 809, Dalamal Towers,nariman Point, Free Press Marg,, Mumbai, Maharashtra, India-400021.
The status of company in the records of Registrar is active which means that it is actively doing all its filing with the Registrar.
Company has currently 2 director and falls under the jurisdiction of Registrar of Company-Mumbai.

BASIC DETAILS
Incorporation Date
14/03/2011      Registering Authority
Registrar of Company-Mumbai
Registration Number
214752            Listing Type
Unlisted
Company Nature
Company limited by shares     Company Type
Private
Status at Registry
Active Company Sub Category
Indian Non-Government Company
Authorized Capital
Rs. 50,00,000.00         Paid-up Capital
Rs. 1,00,000.00
CONTACT DETAILS
•           EDIT
Address           809, DALAMAL TOWERS,NARIMAN POINT, FREE PRESS MARG,
City     MUMBAI
State    Maharashtra
Country           INDIA
Pin       400021
Email Id          ameyaprabhu@gmail.com
DIRECTOR & KEY PERSONS
DIN/DPIN/PAN         Director Name Appointment Date      Designation
00629670
AMEYA SURESH PRABHU           14/03/2011      Director
01725272
UMA SURESH PRABHU    21/03/2014      Additional Director
OTHER DIRECTORSHIPS OF CURRENT DIRECTORS
DIN/Director Name    Company Name          Designation
AMEYA SURESH PRABHU
(00629670)      YELLOW MAPLE FINANCIAL ADVISORS PRIVATE LIMITED
Director
            INDO-AFRICA RESOURCES PRIVATE LIMITED
Director
            INFRA POWER CONSULTING PRIVATE LIMITED
Director
            ESSAY INFRA RESOURCES PRIVATE LIMITED
Director
            GREENERGY PROJECT DEVELOPMENT COMPANY PRIVATE LIMI TED
Director
            GREENERGY WIND FARMS PRIVATE LIMITED
Director
            FORESIGHT 2020 PROJECT CONSULTANTS PRIVATE LIMITED
Director
            BLUE CRANE HOLDINGS PRIVATE LIMITED
Director
            CLEANTECH RENEWABLE ENERGY PRIVATE LIMITED
Director
            ENERGY INDIA CORPORATION LIMITED
Director
            GREENERGY RENEWABLES PRIVATE LIMITED
Director
            EDUWISE CONSULTANCY PRIVATE LIMITED
Director
            DUES BERG BOSSON FINANCIAL SERVICES PRIVATE LIMITE D
Director
UMA SURESH PRABHU
(01725272)      GREENERGY RENEWABLES PRIVATE LIMITED
Director
            CLEANTECH RENEWABLE ENERGY PRIVATE LIMITED
Director
            GREENERGY PROJECT DEVELOPMENT COMPANY PRIVATE LIMI TED
Director
            GREENERGY WIND FARMS PRIVATE LIMITED
Director
            MANAV SADHAN VIKAS SUSTAINABLE FOUNDATION
Director
            BLUE CRANE HOLDINGS PRIVATE LIMITED
Director
            FORESIGHT 2020 PROJECT CONSULTANTS PRIVATE LIMITED
Director
            EDUWISE CONSULTANCY PRIVATE LIMITED
Director



15.              The petitioner would like to present some further evidence on the issue of the unsuitability of Suresh Prabhu for the post of Rail Minister. The relevant news reports are reproduced below. To use an analogy, given his background and involvement in the Adarsh scam, Suresh Prabhu would never have passed the litmus test for consideration to a judicial post. How then could Prime Minister Narendra Modi consider Suresh Prabhu as a fit candidate for a position in his cabinet and that too in the Rail Ministry with the biggest corruption scandal time-bomb (this petition) ticking away?


Printed from Times Now.tv
Why is Suresh Prabhu underground?
1 Nov 2010, 2048 hrs IST

http://www.timesnow.tv/articleshow/4357409.cms
As the Kargil for Profit scam grows bigger, there is overwhelming evidence that politicians across political colour and creed bent over backwards in colluding with the scamsters. The finger of suspicion also pointing squarely at Suresh Prabhu, the then Union Minister of Environment and Forests and seems to have mysteriously vanished now. As the Kargil for Profit scam blows up too many instances seem to point to the Prabhu.

In fact too many for them to be mere coincidences and that is why Prabhu needs to answer and answer now. He has steadfastly refused to speak on record either on camera or on the phone when TIMES NOW finally caught up with him. Asked him about his apartment in Adarsh Housing Society in Mumbai, Prabhu feigned ignorance and pretended to be surprised. Documents with TIMES NOW however prove otherwise, his name clearly present in the list of allottees.

Raising questions, how can Prabhu claim to not know about a flat he owns? Isn't it too much of a coincidence that he cleared the project and also owns a flat in the building? And most importantly, if he has nothing to hide then why has the high profile Prabhu suddenly gone underground? However these are questions that we have been trying to put to the former Union Minister and he has been doggedly avoiding them and it is this reluctance to answer questions that have been putting Prabhu's role in the scam in doubt.


Suresh Prabhu had resigned from the board of agrochemicals company UPL Ltd, days before becoming the Railway Minister in the NDA government.

Read more at: http://www.oneindia.com/india/sureshprabhu-resigns-from-uplboard-1559952.html

"Pawar is also believed to have played a significant role in getting Suresh Prabhu, his friend from the Sena on to the NDA bandwagon for a high profile ministry. This is just a page from the rules of Pawar for Indian politics." Writes Rana Ayub at http://www.ndtv.com/article/opinion/pawar-politics-has-a-separate-set-of-rules-620848

'Alice' who grew too big for Thackeray

SAMYABRATA RAY GOSWAMI

Nov. 10: Onetime Bal Thackeray favourite Suresh Prabhu, who switched to the BJP on Sunday, is the most hated man in the Shiv Sena today.

Prabhu had been inducted into the Sena at a time it was suffering from an image crisis. The Sena-BJP had just come to power in Maharashtra in 1995 and Thackeray bahu Smita was running Sena chief minister Manohar Joshi's cabinet by proxy.

Dizzy with power, the Sena cadre had turned boorish on the streets while accusations of mafia-style governance were eroding the party's appeal. Ahead of the 1996 general election, Thackeray was on the lookout for an image makeover for the party.

He found an answer in his chartered accountant, who headed the Saraswat Cooperative Bank. That Prabhu was also a qualified lawyer helped immensely, as Thackeray would often consult him on sensitive family and governance matters.

The Sena boss made sure the debutant won his Lok Sabha seat and sent him to Delhi to join the Atal Bihari Vajpayee cabinet.

"Suresh never really became a party insider. He was our mascot at the national stage — the sophisticated face in Delhi's power corridors," a Sena senior said.

"He was intelligent and made the most of it. Pretending to be a disinterested politician, he projected himself as a scholar and a man of action, making friends in other parties, mainly among the BJP's leaders and young Turks."

A favourite with Vajpayee, Prabhu began getting top cabinet portfolios. But his growing closeness to the BJP caused heartburn in Matoshree.

Thackeray began sarcastically calling him "Alice in Wonderland" and accusing him of not looking after Maharashtra's (the Sena's) interests in Delhi. "Finally, in 2002, Balasaheb — egged on by both Raj and Uddhav — recalled Suresh from Delhi and forced him to resign from the cabinet. But Atalji made him chairman of a task force on interlinking rivers and kept him in Delhi," the Sena leader said.

"Many wanted him expelled, but a chartered accountant is the keeper of many secrets. So Suresh stayed on and was allowed to win another election."

But the distance between Prabhu and his party grew. In the 2009 polls, with hardly any support from the Sena, Prabhu lost. He became almost an absentee from the party.

The Adarsh scam of 2010 dented Prabhu's "clean" image when it became clear he had received an out-of-turn allotment of a 1,076sqft apartment. Sources close to Prabhu said he was hurt that the Sena didn't come to his defence.

He kept his equations with then Gujarat chief minister Narendra Modi going — they had been on cordial terms since Vajpayee's time.

They came closer after Prabhu called off his visit to Wharton School in protest at the B-school cancelling a keynote address by Modi last year.

"He's a climber. We all knew it was just a matter of time before he joined the BJP," the Sena source said.

http://www.telegraphindia.com/1141111/jsp/nation/story_19024777.jsp#.VGssMPmUf_I

"Meanwhile, the agency is preparing a SCN of the 27 flat owners who were found ineligible to buy a flat in the society. The SCN will be handed over to state Chief Secretary. "The list of 27 members include flats of Indian diplomat Devyani Khobragade and former Union Power Minister Suresh Prabhu," said the CBI official. Once the SCN on CBI findings is submitted, the state government can decide on the future course of action, he said. "The state can decide on whether or not to cancel their membership," said a CBI official.

Read more at: http://www.oneindia.com/india/adarsh-cbi-files-2nd-supplementary-chargesheet-preparings-1475132.html"


Published on The Asian Age (http://www.asianage.com)
Home > Metros > Mumbai > 'CBI left out four offenders'
'CBI left out four offenders'

By editor
Created 9 Aug 2014 - 00:00
In another development to the Adarsh scandal, an activist on Friday alleged before the Bombay high court that the CBI had not filed charges against four main scam beneficiaries as accused, including relatives of Ashok Chavan.

Former scribe and activist Ketan Tirodkar filed a rejoinder before the division bench of Justice P.V. Hardas and Justice Anuja Prabhudesai claiming that Bhagwati Sharma and Madan Sharma, mother-in-law and brother-in-law of Mr Chavan; Devyani Khobragade, former Indian diplomat to US and daughter of former general manager of BEST Uttam Khobragade and former Union minister Suresh Prabhu acquired flats in Adarsh by fraudulent means but they were not made the accused in the case.

He requested the judges to order the CBI to form a special investigating team (SIT) to investigate the conspiracy to save the former chief minister. He contended that the SIT should report directly to the director of CBI. The judges directed the investigating agency to file their reply in this regard within two weeks.

He told the court that all these four persons got flats at very low prices in Adarsh and the CBI had arraigned officers who helped them get these flats, but instead of making these beneficiaries the accused, the CBI had written to the chief secretary seeking action against these persons. He asked why the investigating agency did not make them the accused and named them in the chargesheet as offenders.

Mumbai Age Correspondent mumbai
Copyright © 2011 The Asian Age. All rights reserved.
Source URL: http://www.asianage.com/mumbai/cbi-left-out-four-offenders-762

Tuesday, November 18, 2014

Naresh Kamath, Hindustan Times
Mumbai, July 28, 2012
First Published: 00:51 IST(28/7/2012)
Last Updated: 00:53 IST(28/7/2012) Print
Sena's Prabhu claims he did not know status of Adarsh plot

The two-member panel set up to probe the alleged Adarsh housing society scam was on Friday told by former Union minister Suresh Prabhu, IAS officer Seema Vyas as well Omkar Tiwari, son of former urban development secretary Ramanand Tiwari, that they had not checked the status of the controversial plot before applying for membership.
While Seema Vyas deposed that her membership application form was filled by her husband Pradeep Vyas, the then collector of Mumbai, and that she took a loan from him to fund the purchase, Prabhu, who was the Union environmental minister representing the Shiv Sena at the time, said: "I did not verify the said clearances and I relied on the statements made to me by the society."

Prabhu named Adarsh promoters Kanhaiyalal Gidwani and RC Thakur as the ones who gave him the information.

When asked whether she had checked with her husband since the state revenue department was also under him, Seema Vyas said: "I never had any doubt about the status of the land, and I had discussed the proposal not just with my husband but with many friends and well-wishers. None of them raised any doubt on the status of the land," said Vyas.

Omkar Tiwari, whose father Ramanand Tiwari was arrested in the Adarsh case, said he had not spoken about the land's status with his father, who was the principal secretary of urban development department (UDD) at the time of his application in May, 2005.

"The discussion with my father was on whether I should apply for the membership, and whether I was eligible," he said, and added: "I knew the location of the land, and did not check with my father about its status."

Seema Vyas, who is currently the Commissioner of Employees State Insurance Scheme (ESIS), said: "The contents in the application form are written by my husband. Similarly, the name of the place and the date are also in my husband's handwriting."

She also revealed the financial sources to fund her purchase, which include a loan from her husband. "I took a personal short-term interest-free loan of Rs14.1 lakh from my husband," she said.

The Adarsh scam rocked the state government in late 2010 when a nexus of politicians, bureaucrats and army officials were alleged to have collided to grab apartments in the plush 31-storeyed building at Colaba.

The then chief minister, Ashok Chavan, was forced out of office when it came to light that his kin had secured membership in this society.

http://www.hindustantimes.com/StoryPage/Print/902978.aspx?s=p
© Copyright © 2013 HT Media Limited. All Rights Reserved.

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Adarsh scam: How politicians, their kin and officials became members by flouting normsThe commission said they bypassed existing norms to become a member
Sanjay Jog  |  Mumbai   January 04, 2014 Last Updated at 00:22 IST
Politicians from ruling and opposition parties, bureaucrats and professionals flouted norms to become members in the Adarsh Cooperative Housing Society (ACHS).

A two-member commission, which probed the scam, had observed in its report that of 102 members, 25 were ineligible.  It said the procedure followed by the ACHS for proposing names of beneficiaries was arbitrary and lacked transparency, giving scope for nepotism and favouritism. The Maharashtra cabinet, which was forced to review its earlier decision to reject the report, on Thursday decided to serve showcause notices to them through the Mumbai district collector and subsequently cancel their memberships.

The ineligible members include the kin of former Assembly speaker late Babasaheb Kupekar; diplomat Devyani Khobragade (in the news after her arrest in the US in connection with alleged fake visa case); former union power minister Suresh Prabhu; Sanjoy Shankaran, son of Maharashtra's former chief secretary D Shankaran; Ranjit Sangitrao, son of former bureaucrat C S Sangitrao; vice-admiral (retd) Madanjit Singh; Aditya Patil; Archana Tiwari; Dr S B Chavan; Seema Vinod Sharma; Girish Mehta; Dr Sanjay Radkar; Kailash Gidwani, an elder son of ACHS's co-promoter late Kanaiahlal Gidwani; Bhavesh Patel; Abhay Sancheti; Madanlal Sharma; Shivaji Kale; Rupali Raorane; Capt Praveenkumar; Bhagwati Sharma; Sumeela Sethi, Krishnarao Bhegede; Cdr John Mathes; Nivruti Bhosale and Dr Arun Dawle.

Babasaheb Kupekar had applied for membership in ACHS when he was owning a flat at Powai which was given to him under the chief minister's discretionary quota in 2001. Only after the authorities approved his name, Kupekar, in 2008, sought permission of the CM to allow him to sell his Powai flat. He was allowed to transfer the flat to his daughter.

The commission remarked that on the date of application  (on August 5, 2005) and also on the date when Kupekar was granted membership (May 12, 2008), he was holding the Powai flat. This fact clearly makes him ineligible.

Khobragade, the daughter of former bureaucrat Uttam Khobragade, has been blamed by the judicial commission for breach of the eligibility condition. On behalf of Devyani, her father in his affidavit filed in February 2011 before the commission, informed that the application form for her membership was filled in and signed by him. Devyani has been allotted flat no 2301 (1076 sq ft in A wing). Her father did not mention the price of the flat in any of his affidavits. Both of them have failed to state the source of money for buying flat. The balance sheet annexed to the income tax return for April 2005 to March 2006 discloses that Devyani is a well-to-do person since she owns agricultural land, flats in New Delhi, Aurangabad, Thane, Pune and huge investments. No loan was obtained by   her to buy the flat in the society.

Devyani, in her application dated August 29, 2004, said she was a member of the Meera CHS in Jogeshwari and would resign from the society after a flat was allotted in Adarsh society. The flat in Meera CHS was transferred on September 30, 2008 by Devyani to one Sidharth Basu for Rs 1.90 crore. According to the commission, Devyani's membership, though approved, was illegal.

Suresh Prabhu, Shiv Sena leader and former union power minister, had been allotted a flat of 1,076 sq ft. The commission observed he was not an A-Group government servant as per the 5th Pay Commission. After 2004, he has been a private person and did not come under "persons other than government servants". Though Prabhu was eligible to become a member of ACHS and his membership had been rightly approved by the state government, he was not entitled for a flat having more than 650 sq ft.

Seema Sharma, wife of Vinod M Sharma (brother-in-law of former CM Ashok Chavan); Madanlal Sharma (brother of Chavan's father-in-law); and late Bhagwati Sharma (mother-in-law of Chavan) got flats illegally. The trio had surrendered their flats after the scam surfaced.

Sanjoy Shankaran, a financial consultant, got a flat measuring 650 sq ft. The commission noted the monthly income of Sanjoy was, at the relevant time, more than Rs 20,000 and, therefore, was ineligible.

Ranjit Sangitrao, who had been allotted 650 sq ft flat, in his application had mentioned his occupation as a small  businessman with an income of Rs 15,550. But he did not specify whether the salary was monthly or annual. In supporting affidavit he said it was monthly income.

Ranjit had told the commission he did not own any flat in Mumbai. However, his father C S Sangitrao, a retired bureaucrat, owns a flat in Bandra and his brother Vikram in Andheri. The commission observed that the figure of income showed by Ranjit was false and correct and his actual income exceeded far more than that. Ranjit was not a government servant and fell in the category of beneficiaries who are not government servants. 

The maximum permissible limit of income for a beneficiary falling under this category is Rs 20,000 a month, but on his admission, Ranjit's income was  more than that. Therefore, he was ineligible and the membership granted to Ranjit was not proper and correct, the commision ruled.

http://www.deccanherald.com/content/375765/devyani-chavan-among-adarsh-scam.html#
Devyani, Chavan among Adarsh scam beneficiaries, says probe report
Nagpur, Dec 20, 2013 (PTI)
 Maha govt rejects Adarsh panel report indicting former CMs. PTI file image
Maharashtra government has rejected the report of the judicial commission of inquiry on the Adarsh scam it tabled in the Legislative Assembly today which indicted several politicians including three former Chief Ministers for "blatant violations" of statutory provisions.

The report of the 2-member commission headed by retired high court judge J A Patil came down heavily on those in authority describing the scam as a "bad precedent" which reflected "greed, nepotism and favouritism" by those associated with it.

The panel found 25 of the society's 102 members ineligible and 22 cases of benami purchase of flats.

The report said Adarsh society enjoyed political patronage of former Chief Ministers, Vilasrao Deshmukh, Sushil Kumar Shinde and Ashok Chavan, former Revenue Minister Shivajirao Nlengekar Patil, former Minister for Urban Development Sunil Tatkare and former Minister of Urban Development Rajesh Tope.

Ashok Chavan was the only Chief Minister charge sheeted in the scam by the CBI but Governor K Sankaranarayanan had refused sanction to the investigative agency to prosecute him a few days ago.

The beneficiaries included politicians across the spectrum and their relatives.

Those found ineligible for ownership of flats included former Maharashtra Assembly speaker Babasaheb Kupekar of NCP, senior Indian diplomat in US Devyani Khobragade, former Shiv Sena MP Suresh Prabhu and three relatives of former Chief Minister Ashok Chavan, who had to step down after the scam surfaced.

Chief Minister Prithviraj Chavan said the decision on rejection of the findings of the inquiry commission was taken by the Cabinet "in the interest of the people".
He, however, refused to elaborate on how the Cabinet's decision was in larger public interest.

The much awaited report, which was submitted to the state government on April 18 this year was tabled in the House on the last day of the Winter Session today.

The interim report was submitted to the state government on April 13, 2012 and the Action Taken Report (ATR) was tabled on the floor of the House on April 17, 2012.

"Evidence clearly indicates that it is neither ideal (Adarsh) nor role model but a bad precedent. Adarsh is a saga of ideal co-operation but it is a shameless tale of blatant violations of statutory provisions, rule and regulations," the report said.

It expressed "deep regret" over the "greed, nepotism and favouritism" involved in the scam.

"It reflects greed, nepotism and favouritism on part of people who were in one way or the other associated with Adarsh. It is sad story of unscrupulous greed of some persons closely connected with the society.

"Some persons not satisfied with the allotment of one single flat have tried and succeeded in securing flats for their nears and dear ones. They went to the extent of benami transactions in violation of provisions. That such an episode should take place in Maharashtra is a matter of deep regret," it said.

The judicial panel, however, acknowledged the state government's ownership of the land and said it did not belong to Ministry of Defence, defence personnel nor was it reserved for Kargil martyrs or war veterans.

Ashok Chavan, during whose tenure the scam surfaced, was among 13 people who were charge sheeted by CBI in connection with the case.

Chavan had challenged his inclusion in the charge sheet, saying no sanction for prosecution was taken from the Governor which was countered by CBI which argued since he was a former minister at the time of being charge-sheeted, there was no need for sanction.

The court had, however, directed the agency to get sanction for Chavan's prosecution which was denied, apparently leaving CBI with little choice but to close the case against him.

CBI had alleged in its charge sheet that Chavan had increased the floor space index of the controversial Adarsh society in return for flats for his relatives. Chavan had also asked the housing society to take 40 per cent members from civilian category, when it was originally meant only for war veterans, CBI had alleged, adding that Chavan played a key role in the scam.

Chavan's mother-in-law Bhagvati Sharma, sister-in-law Seema Sharma and father-in-law's brother Madanlal Sharma have flats in the society. All of them have been held ineligible by the judicial panel to own flats in the society.


16.              It was both the petitioner's duty and right as a citizen of this country to bring the above facts and concerns about Mr Suresh Prabhu to the attention of the President of India and Prime Minister Narendra Modi. And the petitioner takes immense pride in her stand as whistle-blower in this case where she has risked her life for her moral and ethical values and where she refused to participate in or cover up corruption and forgery by General Electric executives. It cannot be emphasized enough that the petitioner, an advocate enrolled with the Bar Council of Delhi, also complied with the professional rules of ethics prescribed by the Bar Council of India in refusing to allow her legal services to be used by a client (General Electric) to facilitate the commission of criminal offences, and illegal and unethical acts.

17.              Accordingly the petitioner was stunned when during the hearing of this matter on 20 November 2014, when this matter was specifically listed for the Petitioner to make her submissions on the issue of the grave and imminent threat to her life as she is being poisoned, the counsel purporting to represent the Railway Ministry in this matter one Mr Om Prakash launched into an aggressive tirade against the Petitioner. Om Prakash refused to permit the petitioner to address the court, and he shouted down the petitioner whenever she opened her mouth to address the court or to respond to his tirade. Om Prakash's grievance against the petitioner was that she had dared to raise questions and concerns about Mr Suresh Prabhu's suitability for a Ministerial post and his appointment as Railway Minister and according to him the court ought to prevent the petitioner from making such complaints.

18.              Unfortunately on 20 November 2014, Judge Sistani and Judge Pathak did not restrain Om Prakash from attacking the petitioner and from preventing the petitioner to speak. The petitioner had been compelled to make complaints of judicial corruption against Judge Sistani and Judge Pathak and had on 20 November 2014 filed an application seeking recusal by these Judges. Judge Sistani and Judge Pathak permitted Om Prakash to shout at the Petitioner for about one hour.

19.              As a result the following order was passed in this matter on 20 November 2014. The petitioner submits that not only was she not permitted to address the court, but she was not allowed to make her submissions on the threat to her life. Neither was she permitted to make her submissions on her request for recusal by Judges Sistani and Pathak. Judge Sistani and Judge Pathak permitted Om Prakash to make false statements that the petitioner was at fault or responsible for recusal by 26 judges in this matter and then proceeded to record this in the order. The petitioner was only able to request that the Judges record that she was denying the submissions of Om Prakash.

20.              The order dated 20 November 2014 is reproduced below:

O R D E R

20.11.2014

We may note that Mr.Om Prakash, learned counsel appearing on behalf
  of Ministry of Railways, has raised a strong objection with regard to
  circulation of emails by the petitioner concerning the Railway Minister.
  Mr.Prakash submits that the platform of the High Court is being used by
  the petitioner, which is evident upon reading of the first page of the  
  email, which refers to the present petition (W.P.(C)1280/2012), wherein she refers herself to be a whistleblower. Mr.Prakash next submits that
  the petitioner should be restrained from making such scandalous emails
  against the persons by referring to the writ petition, which is pending
  and has become infructuous (which is disputed by Ms.Sapra). Mr.Prakash
  also submits that as many as twenty six Judges have recused from hearing
  this matter for one reason or the other or on account of the emails being
  addressed by the petitioner with respect to them. Ms.Sapra submits that
  the Judges have recused not because of her but for valid reasons.

  Ms.Sapra submits that as a citizen she has the right to make a
  complaint against the Railway Minister or any other person in case there
  is evidence of corruption.

  The submissions made by Mr.Om Prakash, counsel for the
  respondent/Ministry of Railways, shall be considered on the next date of
  hearing.

  Ms.Sapra also informs the Court that she has filed an application
  in the Registry, which is likely to be listed on 24.11.2014, in which she
  has again requested this Bench to recuse from hearing this matter,
  besides the prayers of Z+ security and for safe housing, as she is a
  witness and a whistleblower.
  
  It may be noted that like all the previous orders this order has
  also been read out to Ms.Sapra in Court in the presence of other counsel.

  List on 24.11.2014.

  G.S.SISTANI, J

   A.K. PATHAK, J

21.              As a result of the order dated 20 November 2014, the Petitioner is being compelled to file the present application.

22.              As the petitioner informed the court on 20 November 2014, she has simply as a concerned citizen and as a whistle-blower in this matter made a representation to the President and Prime Minister of India that Mr Suresh Prabhu (with his background of un-investigated allegations and evidence of corruption in the Cobbler scam the Dabhol scam and the Adarsh scam; with his benami companies in the renewable energy, finance and infrastructure space; with the real likelihood that he or his son's companies have had financial or other dealings with General Electric Company and/ or its affiliates; with his role favouring General Electric Company in the Dabhol Power Plant corruption (which incidentally led to his removal from the Vajpayee cabinet's power ministry in 2002); and with existing conflict of interest issues because of his benami companies) is not the appropriate choice for Railway Minister at this juncture when General Electric Company's corrupt dealings in the Madhepura and Marhowra Rail tenders are subjudice, un-investigated and unresolved.

23.              The Petitioner is a whistle-blower and witness in the complaints of corruption, fraud, forgery, bribery, FCPA violations, illegal lobbying and tender tampering against General Electric Company in connection with the Projects and tenders for the proposed diesel locomotive factory at Marhowra and the proposed electric locomotive factory at Madhepura. The petitioner has been viciously targeted because of this since 2010. She has been and continues to be poisoned. Her left ankle/ foot has been deliberately destroyed as part of the conspiracy to eliminate her. The petitioner's life continues to be in danger as long as attempts to cover up this corruption continue.

24.              The petitioner's applications and rejoinders before the Court in this matter describe how the Railway Ministry has colluded with General Electric and has filed false and perjurious affidavits in attempts to sabotage this matter and to cover up the corruption complaints against General Electric. These false and evasive affidavits filed on behalf of the Railway Ministry have placed the petitioner's life in greater danger. The Railway Ministry should have stepped forward and acknowledged the Petitioner as a whistle-blower and ensured her protection as a witness-whistleblower. Instead the affidavits filed on behalf of the Rail Ministry have targeted the Petitioner. The Railway Ministry has attempted to mislead the Court. It has attempted to cover up the complaints made by the Petitioner. As such the petitioner has every right to voice her concerns publicly that Suresh Prabhu might have been appointed as Railway Minister under pressure from General Electric Company to further facilitate the cover-up of the petitioner's corruption complaints.

25.              It is revealing and unfortunate that alleged Railway Counsel Om Prakash has not objected to the fact that K R Radhakrishnan is impersonating as the authorised signatory of General Electric in this matter and that he has filed false affidavits and that a massive fraud on the court is being committed.  Om Prakash has never objected to the fact that I a witness and a whistleblower am being targeted, am homeless for 2 and a half years and that I have been and am being poisoned. During all hearings, Om Prakash is seen whispering and taking instructions from AZB lawyers (Nanju Ganpathy and Manpreet Lamba) who are purporting to represent General Electric Company.

26.              Om Prakash is not Suresh Prabhu's lawyer and he has no right to object to my complaints of personal corruption against Suresh Prabhu and to my representations to the President and Prime Minister that Suresh Prabhu should not have been appointed Rail Minister and that given his background it is reasonable to be concerned that he might facilitate the cover-up of General Electric corruption.

27.              I am extremely offended by how Om Prakash shouted at me in Court on 20 November 2014 because of my emails about Suresh Prabhu and how the Judges failed to rein him in or to restrain him but permitted him to shout so that I could not speak. Advocate Om Prakash must apologise to me.

28.              I do not subscribe to the mai-baap culture that Om Prakash's tirade exhibited. He stated that he had met the Director from the Railway Ministry that morning and he had received instructions to object to my emails about Suresh Prabhu.  Om Prakash repeatedly stated that my emails were against the "boss" as if I had committed blasphemy. So what? Can a citizen not question a dubious ministerial appointment?

29.              Or is it that according to Om Prakash and the Director in the Railway Ministry instructing him, only elderly men like Ram Jethmalani and Subramaniam Swamy have the right and the privilege of making representations against corruption and corrupt acts of politicians and government officers in power? Why does Om Prakash have an objection when a woman whistle-blower like me speaks up to power? Do younger women have no right to engage in political discourse and political activity? Exposing corruption is a political act. In fact, the viciousness of the retaliation against me in India is a direct consequence of my gender. It is as if a woman daring to take on powerful persons must be crushed to set an example.

30.              What does the order dated 20 November 2014 mean when it states that Om Prakash submitted that I am using the platform of the High Court? My representation against Suresh Prabhu is linked to my writ petition and to the threat to my life if the ongoing attempts to cover up my corruption complaints continue. I am fully entitled to refer to my pending writ petition in my correspondence addressed to the President and Prime Minister. I am fully entitled to identify myself as a whistleblower in such correspondence. I am fully entitled to link my concerns about Suresh Prabhu to my corruption complaints given that Suresh Prabhu is now Rail Minister and given that his appointment appears to have been influenced by General Electric Company (apparently through Mr Sharad Pawar) and was intended to oust Sadanand Gowda who was considering scrapping the impugned Madhepura and Marhowra Projects. I am fully entitled to link my representation to the writ petition that I have filed. Who is Advocate Om Prakash to object to this? How can the Railway Ministry or some Director in the Railway Ministry who is briefing Om Prakash object to my representation to the President/ Prime Minister against Suresh Prabhu's appointment?

31.              Why is Om Prakash trying to cover up my complaints against Suresh Prabhu in his personal capacity and silence me on this subject? Who is Om Prakash to describe my complaints against Suresh Prabhu as "scandalous"? Does Om Prakash hold a brief for Suresh Prabhu in the latter's personal capacity? He does not.

32.              Om Prakash should be asked to declare who in the Railway Board is giving him instructions. He mentioned a Director level officer. How is a Director level officer instructing Om Prakash in a matter of such importance?


33.              During the Court hearing on 20 November 2014, I told the court that I was not asking the court to pass orders on my complaints against Suresh Prabhu and that I had made these representations to the President and Prime Minister and that I had merely filed a copy of the representation in this matter so that the Court was kept aware of developments in the Railway Ministry regarding this matter. However given Om Prakash's attack on me which appears to be instigated by Suresh Prabhu, I am constrained to file this application and seek relief on this issue.

34.              Om Prakash is also misleading the court that this matter is infructuous. This writ petition has not become infructuous merely because the 2010 Madhepura and Marhowra tenders have been cancelled. Such statements are being made without any hearing and also without reading pending court applications and court pleadings. Arguments on merits in this matter have still to commence before J Sistani and J Pathak. I also point out that complaints of corruption in a tender by a bidder do not get washed away simply by that tender being cancelled. Especially when the corruption pointed out, continues to plague and infect the subsequent retendering process as well. The writ petition includes a prayer for blacklisting GE for corruption. Legal consequences of corruption, fraud and forgery in a tender cannot be avoided by mere cancellation of the tender and by initiation of a fresh tender where the bidder who indulged in the corrupt dealings continues to enjoy the benefits of that corruption. Yet Om Prakash would like the Court to disregard corruption complaints and evidence before it, and ignore prayers for the reliefs of blacklisting, investigation and prosecution. Neither the PMO nor the Rail Ministry have contended on affidavit that the writ petition has become infructuous.  This writ petition survives and must be decided on merits even though the 2010 tenders have been cancelled. The cancellation of the 2010 tenders was a direct result of this writ petition and provides further evidence of the corruption complaints in the writ petition. Evidence and averments on the court record establish that the cancellation of the tenders was at the instance of the very persons involved in the corruption, and was nothing but a malafide device to over-reach the court and an attempt to cover up the corruption complaints before the court and an attempt to avoid the due process of law and to avoid the adjudication of the writ petition on merits and the investigation of the corruption complaints and a malafide attempt to permit General Electric to continue to bid for the same Project despite evidence of General Electric's corruption. Om Prakash is fully aware that this matter is not infructuous and he should stop misleading the court and colluding with the lawyers who are claiming to represent General Electric without vakalatnamas. No railway affidavit has stated that this matter is infructuous.

35.              The petitioner once again reproduces the prayers in this writ petition:

"PRAYER

In light of the facts stated above the Petitioner prays that this Hon'ble Court may be pleased to:

1.         Summon the records of Respondent Nos. 2, 4 and 5 on the whistle-blower complaints made by the Petitioner and after examining the records and hearing the Respondents, issue a writ of mandamus to Respondent 4 directing that Respondent 7 be disqualified and Respondent Nos. 1, 6 and 7 be black-listed from the Diesel and Electric Locomotive Tenders (Global RFQ No. 2010/ ME (Proj)/ 4/ Marhoura/RFQ and RFQ No. 2010/ Elect. (Dev0 440/1(1)).

2.         Issue writs of mandamus to Respondent Nos. 2, 4 and 5 directing them to respond to and act upon the said whistle-blower complaints in accordance with law.

3.         Direct that Respondent No. 2 inquire into the commission of criminal offences (including forgery, bribery and public corruption) arising out of the Petitioner's whistle-blower complaints  and direct prosecution of GE employees and government officials and public servants found involved and complicit.

4.         Enforce and protect the right to life of the Petitioner and direct that the Petitioner be provided full protection and safety and be immediately relocated to a safe house."

36.              Om Prakash's shocking attack on me during the court hearing of 20 November 2014 only serves to lend credence to my complaints and apprehensions regarding Suresh Prabhu and his appointment as Rail Minister.

37.              It is a matter of public interest that the Government of India (through the PMO, respondent 5 herein) ascertain and declare if there is any conflict of interest regarding Suresh Prabhu and the Madhepura and Marhowra Projects and tenders? Have Suresh Prabhu, his son or their companies had any dealings (financial or otherwise) with General Electric Company and/or its affiliates?  Have Suresh Prabhu's extra-curricular activities at the global level and in the renewable energy policy sphere ever been directly or indirectly funded by General Electric Company and/ or its affiliates? Have Suresh Prabhu's extra-curricular activities at the global level and in the renewable energy policy sphere ever been directly or indirectly funded by the United States government which has also lobbied for the Marhowra and Madheoura Projects on behalf of General Electric Company?

38.              Has Mr Suresh Prabhu been made aware of this writ petition and of the evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects that is on record?

39.              The petitioner points out that one Nihar Ranjan Dash might be the Director in the Railway Ministry instructing Om Prakash. Mr Nihar Ranjan Dash is too junior an officer to deal with this matter. Plus he appears to be part of the electric engineering directorate and not a part of the Railway Board.

40.              It is shocking that Suresh Prabhu misused a junior officer in the rail ministry (Nihar Ranjan Dash) to ask Om Prakash to protest against my representation against Suresh Prabhu. Who is Nihar Ranjan Dash to object to this representation? What legal authority does he have to do this? Such mai-baap culture of corruption and cover-up must end.

41.              Prime Minister Narendra Modi must give serious consideration to my representations about the unsuitability of Suresh Prabhu for a government position. Prime Minister Narendra Modi must also ensure that no one including Suresh Prabhu helps cover up my complaints of corruption, fraud, forgery, bribery, FCPA violations and illegal lobbying against General Electric and Montek Singh Ahluwalia in connection with the Madhepura and Marhowra Projects and tenders and that these complaints are investigated and prosecuted in accordance with law.

42.              This application is being made in the interest of justice.

43.              This application relies upon the entire court record of Writ Petition Civil 1280/2012 and also on the petitioner's complaints being emailed to authorities including to the Registrar General of the High Court.

44.              Copies of Suresh Prabhu's cv and his wife Uma Prabhu's CV are annexed hereto as Annexure P-1.

45.              It is pointed out that the previous scam-afflicted UPA Government under former PM Dr Manmohan Singh and his close aide Montek Singh Ahluwalia were not only complicit in the corruption that is the subject matter of this petition, but were master-minding the coverup of these complaints and the sabotage of this writ petition and the elimination of the petitioner-whistleblower-witness. Now that the NDA government led by Prime Minister Narendra Modi is in power, and given that the election mandate to this government was to act against corruption, it is necessary that Prime Minister Narendra Modi intervene in this matter and personally ensure that the attempted cover-up of these corruption complaints by the Railway Ministry be stopped and that fresh affidavits be filed by the Railway Ministry which are truthful, and responsive and where the Railway Ministry faithfully discharges its obligation o this Court to ascertain the true and complete facts regarding the Petitioner's corruption complaints against General Electric and Montek Singh Ahluwalia.

46.              Advocate Om Prakash was brought into this matter by the previous UPA regime to cover up its own and General Electric's corruption. He has failed to assist the court properly. The new NDA government must remove Om Prakash as counsel for Railway Ministry (respondent 4) in this matter and must appoint a proper counsel who properly assists the court, who is respectful to the petitioner-whstleblower and who gives correct advice to his client and whose agenda is not to facilitate the cover-up of the corruption complaints and the sabotage of this petition. Mr Sanjay Jain ASG is supposed to represent the PMO (respondent 5) and respondent 4 (Railway Ministry) in this matter but for some reason he has failed to appear in this matter on a single date since his appointment. Earlier his predecessor Mr Rajiv Mehra appeared for respondents 4 and 5.

47.              It is important for Prime Minister Narendra Modi to recognise the influence of General Electric Company and the illegal nexus of Indian politicians it harbours. Please see the petitioner's email dated 15 October 2014 below titled


---------- Forwarded message ----------
From: Seema Sapra <seema.sapra@googlemail.com>
Date: Wed, Oct 15, 2014 at 9:50 PM
Subject: Some more truths about General Electric corruption in India from General Electric Company whistleblower - Seema Sapra - Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others in the Delhi High Court
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Cc: gurmeharsistani@gmail.com, Seema Sapra <seema.sapra@gmail.com>, Seema Sapra <seemasapra@hotmail.com>


Prime Minister Narendra Modi and All others,

I have added some content to some more truths about General Electric corruption in India. Meanwhile toxic chemicals have been released into my current accommodation through the day today and this evening. I am being poisoned as part of ongoing attempts to eliminate me.

Please read below an interview by former GE India head Scott Bayman in 2007, who it has now emerged was acting as GE India head for 14 years in violation of Indian law. 

This interview and other material in the public domain raises several issues.

Interestingly Scott Bayman fled India when the Income Tax dept started investigating Permanent Establishment rule violations & Tax fraud by GE in India. Read about the Tax fraud by GE in India under Scott Bayman who fled India as a result  http://seemasapra.blogspot.in/2014/10/fwd-message-to-prime-minister-narendra.html

The corrupt links between GE, DLF, Montek, Sam Pitroda and the Congress Party run long and deep. So GE's Scott Bayman's closest adviser & friend in India was DLFs KP Singh who was simultaneously a fraudster as now established by the SEBI order banning DLF, KP Singh & cronies from the capital markets for IPO related fraud which KP Singh was engaged in contemporaneous to his association with Scott Bayman.  See http://firstbiz.firstpost.com/corporate/housewives-of-dlf-how-the-spouse-factor-led-to-sebi-crackdown-104724.html

GE's Scott Bayman in 2007 on KP Singh "He remains my informal advisor, confidante and mentor,"

Bayman also admits that GE lobbied for Boeing to get AirIndia orders which then bankrupted & destroyed AirIndia. He also admits that he "was working equally hard to bag the Indian Air Force order for 128 fighter jets for American firms."

(Note see http://www.vijayvaani.com/ArticleDisplay.aspx?aid=3361 "One, have you heard of a Company that makes a financial commitment of Rs 55,000 crore for purchase of 111 aircraft on an equity base of Rs 145 crore and carry-forward losses of Rs 776 crore -- (Indian Airlines loss of Rs 957 crore less Air India profit reserves Rs 181 crs) as on March 31, 2006? ... Two, since loan funds were used to fund purchase of aircraft, was it confirmed that expected revenue and profits would enable timely repayment of debt! If there was indeed such a confirmation, the projections and underlying assumptions should be published to start a public debate.") - These were the AirIndia aircraft purchase orders that GE, Boeing and the US gov extracted from the UPA government.

Also read http://www.livemint.com/Home-Page/7ChDN1veCw60rEYtVhszoL/Air-India8217s-Boeing-buy-forced-CAG.html "Prashant Bhushan, a Supreme Court lawyer, who is pursuing a public interest litigation seeking a court-monitored investigation into the deal, said: "Clearly this needs investigation. Prima facie it's a thoroughly corrupt case as big as the 2G scam, involving huge kickbacks, politicians and bureaucrats. Here is a case where Air India, which was flying below capacity, was forced to buy aircraft, which were probably not required, at an exorbitant rate. We will press for a court -monitored investigation by the Central Bureau of Investigation (CBI)."

The report of the Comptroller and Auditor General of India criticizing these AirIndia orders on Boeing and GE can be read at http://saiindia.gov.in/english/home/our_products/audit_report/government_wise/union_audit/recent_reports/union_performance/2011_2012/Civil_%20Performance_Audits/Report_18/chap3.pdf
These orders were clearly a result of corrupt dealings where bribes would have been paid by Boeing or GE or both.

Bayman is also proud of the fact that GE " was able to get back almost the entire $115 million it had invested" in the Dabhol project. Ratnagiri Power the rechristened Dabhol power project is still lying in the Doldrums, not operational, losing money, an unfeasible project that was the result of GE corruption involving Manmohan Singh, Montek Singh Ahluwalia, N K P Salve and Sharad Pawar among others. The CIA was involved in getting this deal through as well. The Indian government under Prime Minister Narendra Modi should consider declaring the Dabhol Power Plant as a museum to corruption.

The NDA government with Arun Jaitley as law minister and Soli Sorabjee as Attorney General also failed to protect national interest in the Enron litigation and enabled GE to recover all of its money invested in Dabhol, while Indian government Banks, and PSUs were financially bled. In Maharashtra, former Attorney General Goolam Vahanvati ensured that the States's interest was not protected.

A law firm eventually renamed AZB Partners emerged as a result of Soli Sorabjee's corrupt dealings with General Electric in Dabhol. This firm was formed by Sorabjee's daughter Zia Mody tying up with Behram Vakil who was already involved in the Dabhol Project (from inception). GE became a marquee client of AZB ensuring large assured revenues. Vahanvati's son Goolamhussein Essaji Vahanvati joined the party at AZB later.

Note the conflict of interest issue here. Soli J Sorabjee was supposed to be safeguarding Indian governmental interests in the Dabhol litigation, while his daughter Zia Mody with Behram Vakil were representing potential buyers of Dabhol (first Tata then BP). These potential buys failed, and instead GE and Bechtel ended up buying the Enron stake in Dabhol at a discount and then selling it to the Government of India at a profit. Sometime during this process GE become a client of Zia Mody & Behram Vakil.

(Note: See http://www.firstpost.com/india/a-g-goolam-vahanvatis-son-in-law-fined-by-uk-regulator-1114503.html which states "The Delhi-based daily Millenium Post on 11 September quoted Dasgupta's three-page letter to the Prime Minister which alleged that Vahanvati had illegally maintained a foreign bank account in the Union Bank of Switzerland at its Singapore branch since 1997. The letter also provided details of the account number, secret code name and number and details of the beneficiary of the foreign bank account that was allegedly in the name of Vahanvati. The MP asked the Prime Minister to enquire and verify the information he had provided".  Was this a bribe from GE/ Enron to Mr Vahanvati?

This firspost reports also states this about Mr Goolam Vahanvati's son in law: "Incidentally, the name of Carrimjee, who is at the centre of this web of four alleged market manipulators, features in a list of holders of accounts in tax havens that was published earlier this year by the International Centre of Investigative Journalists. A search of the database of the Centre shows that Carrimjee operates an offshore company called Fast Tycoon Limited with a banking link in the British Virgin Islands.) Also read http://www.outlookindia.com/printarticle.aspx?288473

Chidambaram/ Montek Singh Ahluwalia/ Manmohan Singh / UPA later negotiated a maintenance contract for Dabhol with GE, which has again only enriched GE, while the power plant being unfeasible has floundered. Vahanvati was Solicitor General /Attorney General at this time.



Seema Sapra

Scott Bayman's interview

The man behind GE's India success
May 29, 2007 14:26 IST

As he prepares to leave the business he set up 14 years ago, GE's India head reflects on his hits and misses and shares his plans to return soon.
India was nowhere on Scott Bayman's radar screen. Having worked with General Electric for six years in the United States, he had indicated some time in 1993 that he would be game for an overseas stint, hoping to spend some time in Paris, London or Brussels. Instead, Jack Welch sent him to India for three years. Bayman stayed on for 14 years and will be retiring from the company at the end of this month.
"Jack had great instincts," says Bayman, dressed in a red T-shirt and looking relaxed. The bliss of a coming holiday is unmistakable in the body language. We are at San Gimignano at The Imperial in the capital. We had earlier agreed to meet at Daniell's Tavern over some spicy Indian food. But when I called to book a table, I was told the restaurant opened only for dinner. So Bayman settled for Italian fare.
Jack Welch first came to India in the late-1980s at the invitation of Kushal Pal Singh of DLF, who took him to meet Rajiv Gandhi, Sam Pitroda and Montek Singh Ahluwalia. He was impressed with what he saw, especially taken in by the skills of Indians. That is when he decided to invest in India. It was for Bayman to build a business from scratch in a country about which he knew nothing.
Help came from friends like Singh. "He remains my informal advisor, confidante and mentor," says Bayman, sipping a red wine of 1983 vintage. The dozen-odd GE companies operating in the country will end the year with a turnover of $2.8 billion.
Bayman admits that GE's business in India has picked up only in the last three-four years, before which it was stagnating at around $500 million per annum. By 2010, GE hopes its India business to improve to $8 billion - 16 per cent of the projected turnover of $50 billion from the emerging markets.
Be that as it may, I remind Bayman that at least one of his plans for India never took off - to have a bank in the country. Bayman says talks are still going on with the Reserve Bank of India. I leave it at that. On his part, Bayman ranks the failure of GE's joint venture with the Godrej family, Godrej GE Appliances, as his biggest failure in India.
"It was our mistake. While everybody in business knew about GE, the consumers didn't know the GE brand. The cost of building the brand didn't make sense. Our products were not suited for India," Bayman says. As he launches on his lettuce salad, the words of a common friend start ringing in my ears: "He is not a bullshitter and talks straight."
"It was the saddest day of my career," Bayman adds. What must have hurt more is that before coming to India, Bayman was in-charge for worldwide marketing and product management at GE Appliances.
On the positive side, Bayman can take credit for starting the BPO movement in the country with Genpact (now Gecis) in 1997. "At that time, unemployment in the United States was zero. And we also got savings by starting operations in India," Bayman says, adding: "Had there been a BPO industry in India at that time, we wouldn't have started the company."
GE subsequently sold 60 per cent in the venture to private equity investors once it realised it wasn't its core business. "It is good we sold to private equity; that way, the company has been able to preserve the GE culture," he says. When I ask him the obvious question, Bayman admits that he did have several offers from Indian businessmen to buy out the BPO outfit.
Bayman's biggest achievement in India, observers say, was to extricate GE from the Dabhol mess. GE had got the contract to supply turbines for Enron's ill-fated Dabhol project and had, therefore, taken a 10 per cent stake in the company. Once Enron imploded, GE's investments were in danger. But Bayman was able to get the money back, though after two years.
"This couldn't have happened in another country, we wouldn't have got a penny back," says Bayman, having moved on to a salami pizza, while I negotiate a baked fillet of fish served with mashed potatoes. GE, he adds, was able to get back almost the entire $115 million it had invested in the project.
Having come out of Dabhol unscathed, Bayman's reputation in the capital's power circles as an expert in government relations grew manifold. "Jack Welch sold India to the world. GE has been a good friend of India in Washington during tough times," he says.
When I ask him to elaborate, he adds: "After the nuclear tests, we worked to get some sanctions against India lifted. We talked with Senators and Congressmen for the inclusion of India in the nuclear club. I am as much an insider as any expat."
He lobbied successfully for Boeing to bag the multi-billion order for passenger aircraft from Air-India - GE makes the engines - and was working equally hard to bag the Indian Air Force order for 128 fighter jets for American firms.
Naturally, Indian companies want Bayman on their board. He has already joined the Crompton Greaves board and says he has a few more offers. "I will come to India four to five times every year to attend board meetings and play golf with my friends," he says.
I next draw Bayman's attention to GE CEO Jeff Immelt's recent statement that after GE Plastic's divestment to Sabic, no other business would be sold. Jack Welch had laid down the rule that GE should get out of any business in which it was not number one or number two. So, is "Neutron" Jack's imprint on GE over?
"We are less hung up about number one and number two now," Bayman says, adding: "What matters is that we are in businesses and countries that will provide double digit growth in the long run."
And India is one of these countries. It is evident that India has left a deep impression on him - his eyes light up whenever he talks about the country and its people. "The sights and smells are boggling," he says, adding: "In contrast, the United States is generic and vanilla." Bayman has been spotted in crowded Delhi markets like Lajpat Nagar selecting curtains for his home.
When he first came to India, Bayman says he found India to be self-centric. Now, he finds the country more outward looking. "But the core values of family and compassion are still there in the people," he says.
Still, Bayman leaves for the United States next month, where he will alternate between Chicago and Florida. "Go where the sun is: Chicago in summer and Florida in the winters," he lets out his retirement plans.
Both of us decide to skip dessert.
Photograph: Raveendran/AFP/Getty Images
Bhupesh Bhandari
Source:




The ongoing whistleblower corruption against General Electric Company in India (Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others) is next listed before the Delhi High Court on 10 November 2014.

Details of GE corruption in Indian Railway locomotive tenders can be found at http://seemasapra.blogspot.in/p/some-of-corruption-fraud-bribery_4275.html

The full case record can be found at http://seemasapra.blogspot.in/2014/09/fwd-seema-sapra-general-electric_22.html

Also read about how as part of attempted cover up GE is using unauthorised persons to impersonate it in the Delhi High Court in this matter http://seemasapra.blogspot.in/p/unauthorised-and-fraudulent.html

Also read about massive tax fraud by General Electric in India - http://seemasapra.blogspot.in/2014/10/fwd-message-to-prime-minister-narendra.html

Also read about General Electric's money laundering and how it used an NBCU subsidiary to transfer bribes through an India media company NDTV at http://seemasapra.blogspot.in/p/complaint-of-money-laundering-against.html





PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:
(a)                Direct the Government of India through the PMO (respondent 5 herein) to ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  to ascertain and declare any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and to ascertain and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects;
(b)               Direct the Government of India through the PMO (respondent 5 herein) to ensure that Suresh Prabhu as Railway Minister does not act unlawfully in connection with the Marhowra and Madhepura locomotive factory Projects and that no attempt is made to cover up the complaints of corruption, fraud, forgery, bribery, FCPA violations, tender manipulation, and illegal lobbying that are pending against General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura;
(c)                Direct Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister;
(d)               Issue notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections;
(e)                Direct the Railway Ministry to replace advocate Om Prakash with a lawyer who will not facilitate the cover-up of the corruption complaints against General Electric and who will not collude withGgeneral Electric Company's alleged lawyers to sabotage this writ petition;
(f)                Direct that ASG Sanjay Jain who has been instructed to appear in this matter for respondents 4 and 5 (Railway Ministry and the PMO) start assisting the Hon'ble Court and not skip court hearings;
(g)               Pass such other and further orders as this Hon'ble Court may deem fit and proper.





Place: New Delhi                                            Petitioner in Person
26 November 2014                                         Seema Sapra
Rendered homeless since May 30, 2012 as
a result of corruption complaints against
General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless




In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
C. M. Appl. No.          of 2014
In
Writ Petition No. 1280 of 2012


IN THE MATTER OF:
Seema Sapra                                                                            …Petitioner
versus

General Electric Co. and Others                                             ….Respondents


AFFIDAVIT

I, Seema Sapra, daughter of Late Shri A. R. Sapra, aged 43 years, previously resident of G 4, first floor, Jangpura Extension, New Delhi 110014 and rendered homeless on 30 May 2012 (because of and as a result of the whistleblower complaints of corruption, forgery, bribery, fraud and illegal activities made against General Electric, Montek Singh Ahluwalia, Planning Commission, Railway Ministry and Ministry of Finance and as a result of the whistleblower corruption petition (W.P. (C ) 1280/ 2012) and because of my complaints of sexual harassment against Mr Soli J Sorabjee and Mr Raian Karanjawala) in contempt of this Hon'ble Court's order dated May 25, 2012 and presently homeless do hereby solemnly affirm and state as under:

1.         I am the Petitioner in the present Petition and am well aware of the facts of the case and am competent to file the present affidavit.

2.         I state that the accompanying application under Section 151, Civil Procedure Code seeking directions that the Government of India through the PMO (respondent 5 herein) ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects; and directions to Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister; and for issuance of notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections; (along with affidavit) has been drafted by me and the facts stated therein are true and correct to my knowledge and nothing material has been concealed there-from and that all annexures to the application are true copies of their respective originals.


DEPONENT



VERIFICATION


Verified at New Delhi on this 26th day of November 2014 that the contents of the above affidavit are true and correct to my knowledge and that nothing material has been concealed therefrom.
                                                                                               


DEPONENT  






In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
C.M. Appl. No.         of 2014
In
Writ Petition No. 1280 of 2012


IN THE MATTER OF:

Seema Sapra                                                                            …Petitioner
versus

General Electric Co. and Others                                             ….Respondents

INDEX

No.
Particulars
Page
1
Urgent Application
1
2
Court Fees
2
3
Application under Section 151, Civil Procedure Code seeking directions that the Government of India through the PMO (respondent 5 herein) ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects; and directions to Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister; and for issuance of notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections; (along with affidavit)
3-66
4
Annexure P-1 – True copies of Suresh Prabhu's cv and his wife Uma Prabhu's CV
67-80


Place: New Delhi                                            Petitioner in Person
26 November 2014                                         Seema Sapra
                                                                       
Rendered homeless since May 30, 2012 as a result of corruption complaints against General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless
9582716748
seema.sapra@gmail.com

Note: All 17 respondents have been served with an advance copy of this application by email dated 26 November 2014
All the prayers are inter-connected and flow from each other. Please list the application before court as it is. 

---------- Forwarded message ----------
From: Seema Sapra <seema.sapra@googlemail.com>
Date: Fri, Nov 28, 2014 at 3:11 PM
Subject: Suresh Prabhu appointed Rail Minister under influence of General Electric Company to cover up corruption in Marhowra and Madhepura loco Projects & tenders - Seema Sapra, General Electric whistle-blower - WP Civil 1280 of 2012, a corruption whistle-blower petition in the Delhi High Court (Seema Sapra v General Electric Company and Others)
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Cc: Seema Sapra <seema.sapra@gmail.com>, Seema Sapra <seemasapra@hotmail.com>


To the President of India the Prime Minister of India, the Rail Minister of India and to ASG Sanjay Jain,

I am writing further to my representations against the recent appointment of Mr Suresh Prabhu as Railway Minister. This appointment has been influenced by General Electric Company using Mr Sharad Pawar as an intermediary with intent to cover up the corruption complaints and evidence against General Electric Company set out in Writ Petition Civil 1280/ 2012 pending before the Delhi High Court since February 2012.
I also point out that despite my status as witness-whistleblower-petitioner and despite the threat to my life, I have no protection and I am being poisoned.
I reproduce below an application and an affidavit filed by me on the issue of Suresh Prabhu's appointment as Railway Minister in WP Civil 1280/ 2012, which were sent to you earlier as well.
I draw your attention to some further facts in connection with Suresh Prabhu's role in facilitating and benefiting from the Adarsh scam.
Suresh Prabhu was involved in permitting the Adarsh building society to proceed with construction in violation of applicable environmental rules including the CRZ regulations.
Suresh Prabhu's modus operandi in facilitating this was very similar to Montek Singh Ahluwalia's facilitation of the Dabhol Project where the latter wrote letters which were interpreted as approval of the financial structure of the Dabhol Project including power pricing. Montek Singh Ahluwalia's modus operandi was to later retract and suggest that his letter was not an approval as he was not authorised to grant the approval.
Correspondence with the Ministry of Environment & Forests (MoEF) in 2003 has been used by the Adarsh society promoters and even by the Maharastra State government to argue that environmental clearances including CRZ clearances were obtained from the MoEF in 2003. The MoEF has since denied that it issued any clearance. However, the letters issued by the MoEF which were relied upon as granting clearance which facilitated various Central and State regulatory authorities to assume that someone had granted clearance appear to have involved the hand of Suresh Prabhu.
I reproduce at the end some news reports on the issue of the environmental clearances for Adarsh. Of course, as is usual course in India, a mammoth cover-up of the Adarsh scam has been undertaken shielding many politicians involved. I do point out that such cover-ups are not without cost to the national interest as failure to apply the rule of law even when corruption is exposed contributes to and perpetuates the "sab chalta hai" culture that engenders, breeds and encourages corruption.
But the questions to ask about Suresh Prabhu and the Adarsh scam are:
There was some involvement of the MoEF in the Vajpayee Cabinet in facilitating the Adarsh society. Was Suresh Prabhu involved? Suresh Prabhu has stated that he was not Environment Minister in 2003 when the MoEF cleared the Adarsh structure. But there are several citations on the internet recording that Suresh Prabhu was environment minister in 2003. Plus Suresh Prabhu was environment minister in 1998- 1999 when the Adarsh proposal first came to the attention of the MoEF. Did Suresh Prabhu deal with the Adarsh file as environment minister in 1998-1999?
http://earthjournalism.net/stories/india2019s-river-linking-scheme-a-case-of-troubled-waters

India's River-Linking Scheme: A case of troubled waters
By Keya Acharya, 5 May 2014
Forum of Environmental Journalists of India, India
Dams Himalayas India Rivers Water
With the exception of some select fields, few other issues in India have raised as much passion as the inter-state sharing of river waters. And, stemming partly from this socio-political acrimony together with environmental and economic concerns, India's grandiose National River Linking Project (NRLP), has been on the potboiler ever since the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) government in 2003 set up a Task Force on inter-linking of rivers, headed by then Environment Minister Suresh Prabhu.

http://www.deccanherald.com/content/109931/content/217654/even-giant-can-learn-run.html

The Congress tried to put the blame on the Shiv Sena, as the proposal had first come to the state government when Narayan Rane, who was then with the Sena, was the chief minister in 1999. The party also accused Prabhu of giving the green clearance. Incidentally, Prabhu is a member of the Society and has been allotted a flat in the building.


Suresh Prabhu was no longer a government employee in 2004 when the Adarsh flat was allotted to him. He claims to have purchased the flat with a bank loan. First it has been established that the allotment to Suresh Prabhu was illegal. He could only have been allotted a flat as a private citizen if his income was less than Rs 20,000. Is it Suresh Prabhu's case that he fell within this category? Further, even if Suresh Prabhu fell within this category, he would have been entitled to a flat only half the size of what he was actually allotted. Why was he allotted a larger flat?
More importantly, Suresh Prabhu claims that he did not examine the society documents and its legal compliances himself but merely accepted the position of the promoters and blindly obtained a bank loan and paid money to purchase the flat. Are we expected to believe this?
Suresh Prabhu is a chartered accountant, a former banker and a former Cabinet minister who boasts about his administrative skills and achievements on his bio and website. Are we to believe that with these qualifications, Suresh Prabhu decided to take out a loan and buy a flat without examining the sale papers and the legal status of the property he was buying? Did the bank not insist on a due diligence and on Suresh Prabhu representing that the proposed purchase had been vetted and was legitimate and genuine? Was the bank loan issued against a mortgage of the Adarsh flat? Did the bank not vet the property documents?
Even a common man will not purchase property without assuring himself that the building was authorised? And is Suresh Prabhu saying that being a chartered accountant he decided to purchase property without assuring himself that the construction was authorised and the proposed building had necessary approvals.
Suresh Prabhu was at some time the environment minister in the Vajpayee Cabinet in 2003. He was environment minister in 1998-1999. He was aware of the CRZ notification. He must have at some time as a minister dealt with a file on the Adarsh building, whether or not he himself approved a clearance. He is a Mumbai resident and would have known that the location of the Adarsh building raised issues of CRZ clearances.
And we are expected to believe that despite his specialist knowledge, Suresh Prabhu decided to purchase the Adarsh flat with eyes and ears closed and with no due diligence?
Suresh Prabhu is one of the 32 illegal allottees in the Adarsh building and we are expected to assume that he is innocent and a victim?
Suresh Prabhu obtained a prized Colaba flat at a nominal undervalued price to which he was not legally entitled along with 31 other illegal allottees and he would have gotten away with it if the scam had not been exposed. And we are expected to believe that he was a victim. Why is it that no ordinary citizens were victimised by the Adarsh Society and allotted flats at nominal prices in Colaba? Why are all the illegal beneficiaries of the Adarsh scam powerful politicians and bureaucrats who were all connected in some manner to those public officials or ministries who/ which facilitated the usurpation of land and the illegal construction?
How did Suresh Prabhu end up becoming a part of the Adarsh building society in 2004 if he had no connection to the scam or if he was not being rewarded for corrupt services rendered at some point (like in the Dabhol Project corruption cover-up)? Surely there were many potential buyers for such undervalued Colaba flats. Let Suresh Prabhu explain exactly how he got involved with Adarsh?
I am again requesting that Suresh Prabhu be removed from his position as Rail Minister as his background establishes his unsuitability for this or indeed any other government post.
Also please ensure that the corruption complaints and evidence against General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura are not covered up as was being done by the UPA government. General Electric Company must be blacklisted and cannot be permitted to participate in the 2013 tenders for these Projects which themselves deserve to be scrapped in public interest.
Please ensure that ASG Sanjay Jain  is present for the court hearings for WP Civil 1280/ 2012. ASG Sanjay Jain also needs to ensure that this matter is taken away from the UPA (A S Chandhiok) appointed counsels Sapna Chauhan (for Respondent 5, the PMO) and (Om Prakash) for the Railways (respondent 4) who were both colluding in attempts to cover up the corruption complaints against General Electric Company and their co-conspirators including Montek Singh Ahluwalia and former PM Dr Manmohan Singh. This matter needs to be remarked by ASG Sanjay Jain to the new standing counsels appointed by the new NDA government.
Also since May 2014, no lawyer is appearing in this matter for the CBI. Since 2012, no authorised lawyer is appearing in this matter for the CVC. Both the CBI and CVC are parties and have been issued court notice.




Seema Sapra





Adarsh Had No Environment Clearance: Maharashta Govt
MUMBAI | JAN 16, 2013
The two-year marathon inquiry conducted by a judicial commission into the Adarsh scam has ended with the Maharashtra government said to have admitted for the first time that the controversial housing society did not have necessary environmental clearances.

The commission set up in January 2011 wrapped up its inquiry into the scam yesterday and is likely to submit its final report to the state government next month, sources in the panel told PTI.

The government may accept or reject the findings of the commission.

Concluding his arguments, state government counsel A Y Sakhare is understood to have told the commission that the 31-storey plush Adarsh building in south Mumbai was constructed without Coastal Regulation Zone (CRZ) clearance or nod from the Union Ministry of Environment and Forest (MoEF).

The sources said it is for the first time that the government, which had consistently maintained that no rules were violated in granting permissions to the building, has admitted that the society did not have the required environmental clearance.

The state is said to have supported the MoEF's claim that the March 2003 letter by the Urban Development Department to the society was misrepresented as environmental clearance by one of the accused P V Deshmukh, a former deputy secretary in the department.

The MoEF, in response to UDD's letter forwarding the society's proposal for construction, had said that state has a body- Maharashtra Coastal Zone Management Authority (MCZMA)-to look into CRZ clearances. The MoEF's response was allegedly misconstrued by Deshmukh as a clearance.

The state government in its final arguments is said to have noted that the society should not have constructed 31 floors as the Development Control Regulations (DCR), 1967, applicable to it, did not permit that. According to the state, the building situated in south Mumbai's upscale Colaba, could have been built only up to 46.5 m and not the present 100.7 m.

According to the government, the Mumbai Metropolitan Region Development Authority (MMRDA) wrongly applied DCR 1991 which did not have height restrictions.

The commission, headed by Justice (retired) J A Patil, has started dictating its findings in chamber and will submit its final report to the government by the end of next month.

The commission had in its interim report last year negated the Ministry of Defence's claim on the land where the building stands and held that its ownership rested with the state government. The panel had also noted that the land was not reserved for Kargil war veterans, widows and their relatives.

The commission's final report will throw light on whether requisite permissions had been obtained by the society and if any rules violated by bureaucrats while granting various clearances.

A total of 214 witnesses were examined by the commission including Union Home Minister Sushilkumar Shinde, former Maharashtra chief ministers Vilasrao Deshmukh and Ashok Chavan, former army chiefs N C Vij and Deepak Kapoor, several IAS officers and bureaucrats from the state and central government.

Ashok Chavan is an accused in the case but was never arrested.
Click here to see the article in its standard web format

http://www.outlookindia.com/news/article/Adarsh-Had-No-Environment-Clearance-Maharashta-Govt/787124

logoimg
iconimg Friday, November 28, 2014

Sayli Udas Mankikar, Hindustan Times
Mumbai, November 03, 2010
First Published: 00:24 IST(3/11/2010)
Last Updated: 02:04 IST(3/11/2010) Print
Housing scam: Ex-minister wants Adarsh money back

Shiv Sena leader and former Union environment minister Suresh Prabhu said he would send a notice to Adarsh Cooperative Housing Society asking it to return the money he paid for a flat in the 31-storey tower. He also denied granting it any environmental clearance. The tower at Colaba was allegedly built in violation of environmental norms and on the promise that houses would be given to Kargil war veterans and widows. However, most of the flats were allotted to bureaucrats, politicians and army and navy commanders.
The Congress had accused Prabhu of clearing the project while he was environment minister in the National Democratic Alliance government.

"I was not a minister when the clearance was given. I held the post in 1998-1999," said Prabhu on the phone from Singapore on Tuesday. He pointed out that it was the DMK's TR Baalu who was environment minister in 2003.

The Dravida Munnetra Kazhagam is a partner in the Congress-led United Progressive Alliance government.

The plot on which the society stands is part of the Coastal Regulation Zone 1, the most eco-sensitive coastal area because it has mangroves and mudflats. In such zones projects costing more than R5 crore require clearance by the Union environment ministry.

Ministry officials, however, have said no sanction was given to the Adarsh project.

Prabhu said he is not a promoter or office-bearer of the society. "I got a flat that was part of a quota for MPs and because it was going at a concession. I took a home loan for it and the flat is still on mortgage," he said.

Prabhu said he got all the clearances required for the loan, including an approval from the collector. "Now I find out the project is in trouble. I will send a notice to the society asking it to return my money," he said.

He insisted that he was not aware of any violations by the society.

http://www.hindustantimes.com/StoryPage/Print/621469.aspx?s=p
© Copyright © 2013 HT Media Limited. All Rights Reserved.

http://www.thehindu.com/news/national/other-states/no-moef-clearance-was-issued-to-adarsh-housing-society/article855494.ece
No MoEF clearance was issued to Adarsh Housing Society
The Union Ministry of Environment and Forests (MoEF) has denied that it has issued a No Objection Certificate (NOC) on March 11, 2003, to Adarsh Housing Cooperative Society, Mumbai, for construction of a residential building. The Navy has taken strong objection to grant of clearances to the building, citing violation of norms.

The society, with its high profile members, is in the eye of a storm for violating environmental and other norms and misusing the land granted to it. The MoEF issued a statement on Thursday giving the exact text of the letter dated March 11, 2003, which it had issued to P.V. Deshmukh, Deputy Secretary, Urban Development Department, government of Maharashtra.

The letter notes that "the proposed residential complex falls within the Coastal Regulation Zone (CRZ) - II area. This Ministry has already delegated the powers to the State government for undertaking development in Coastal Regulation Zone -II. Accordingly, the proposed construction may be taken up as per the Coastal Regulation Zone Notification, 1991 (as amended from time to time) and the approved revised Coastal Zone Management Plan of Greater Mumbai."

The MoEF clarified that any reference from the State government about the coastal matters was examined under the provisions of the Coastal Regulation Zone Notification, 1991, and the approved Coastal Zone Management Plan of Mumbai.

Height no problem

Citing that the housing society received all necessary clearances and permissions, Adarsh society, in letter, stated that the building plan was approved by the Mumbai Metropolitan Region Development Authority in stages as per rules. "CRZ [Coastal Regulatory Zone] clearance was obtained from the Ministry of Environment and Forests, New Delhi vide letter NoF.No.J-17011/46/2002-IA III dated March 11, 2003." It also said that CRZ clearance had nothing to do with the height of the building.

It claimed that the height of the building (103.4 meters) was approved by the High Rise Committee headed by Retired Chief Justice of Tamil Nadu. "The final Commencement Certificate was issued by the MMRDA on August 04, 2010 and, lastly, Occupation Certificate was also given on September 16, 2010."

The MoEF denied that this letter gave any permission, pointing out that in March 2003, all construction in the CRZ area, which was permissible under the Coastal Regulation Zone Notification and were in consonance with the approved Coastal Zone Management Plan of Mumbai, had to be considered by the Maharashtra State Coastal Zone Management Authority (MCZMA). At that time, the approval authority was meant to be the State government; in the case of Maharashtra, it was the environment department. The society did not make any application to the environment department, it is learnt.

The Ministry had approved the revised Coastal Zone Management Plan of Mumbai on January 19, 2000. To obtain clearance under the Coastal Regulation Zone Notification, 1991, the project proponent needs to submit the proposal enclosing the details of construction, classification of Coastal Regulation Zone area in the requisite format to the concerned Coastal Zone Management Authority; in this case this proposal should have been submitted to the MCZMA.

The MCZMA was constituted in January, 2002, in compliance with a Supreme Court order. The statement said clearance under the Coastal Regulation Zone Notification 1991 by the MOEF was in a prescribed format. The clearance letter issued by the Ministry was always addressed to the Member Secretary, MCZMA, and copied to all concerned. The power to issue of Coastal Regulation Zone clearance was withdrawn on April 22, 2003, in respect of projects costing more than Rs. 5 crore.

Keywords: Adarsh Housing Society, Mumbai land scam

http://www.sakaaltimes.com/NewsDetails.aspx?NewsId=4703089866048303289&SectionId=5351696313519115080&SectionName=State&NewsDate=20120807&NewsTitle=Demolish%20Adarsh,%20says%20MoEF%20official
Demolish Adarsh, says MoEF official
Reporters Name | PTI | Tuesday, 7 August 2012 AT 11:25 AM IST Send by email     Printer-friendly version
MoEF, Adarsh society, housing scam, demolish, CRZ, CBI, Mumbai
MUMBAI: Reiterating its stand on the Adarsh housing society, a former Union Ministry of Environment and Forest (MoEF) official told a judicial panel that the building has to be demolished as it does not have environmental clearance.
Former MoEF director Bharat Bhushan told a two-member inquiry commission set up by the state government to probe into the scam, that the Adarsh building stands in the Coastal Regulation Zone (CRZ) and hence environmental clearance is mandatory.
"The building has not obtained any clearance from the Maharashtra Coastal Zone Management Authority (MCZMA). The MCZMA has not sent any recommnedation to the MoEF regarding clearance to be given to Adarsh," he said.
He said that when the Adarsh scam broke in October 2010, the MoEF had asked for a report from the secretary of the department of environment who is also the chairperson of the MCZMA.
The report stated that no clearance was obtained or given to the plush 31-storey Adarsh building in South Mumbai.
"The final order of Janury 14, 2011, passed by the MoEF for the building's demolition was based on details sent by the MCZMA chairperson, Maharashtra government, hearing of Adarsh representatives, as well as other documents," he said.
'CLEARANCE A MUST'
Ex-MoEF director Bharat Bhushan told a probe panel set up by the state on the scam, that the Adarsh building stands in the CRZ and hence environmental clearance is mandatory.

http://www.governancenow.com/news/regular-story/adopt-adarsh-policies-mr-ramesh-ad-hoc-ones-will-not-do
Nextgen Cities Jaipur

Home > News > Adopt 'adarsh' policies, Mr Ramesh, ad hoc ones will not do
Adopt 'adarsh' policies, Mr Ramesh, ad hoc ones will not do
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Why didn't your ministry stop the controversial building project in 2003 itself?
PRASANNA MOHANTY | JANUARY 17, 2011
           
Environment and forests minister Jairam Ramesh loves publicity, more so if it comes free. It would, therefore, have been naïve not to expect him to issue a demolition notice to the Adarsh housing society which he has done now.

Do bask in glory, Mr Ramesh, but please answer a few questions. The first question is: Why this notice to the Adarsh society now? The 31-storey building that you think deserves to be completely demolished for "egregious violation" of environment laws, got the occupation certificate on September 16, 2010. Which means, the construction activities have already been completed for people to move in.

Presumably, construction began after the Adarsh society applied for environment clearance from your ministry in 2003. Your ministry wrote back on March 11, 2003 saying the appropriate clearing authority under the Coastal Regulation Zone Notification of 1991 was the state government – rather the Maharashtra State Coastal Zone Management Authority (MCZMA).
So, your ministry and MCZMA knew about the case way back in March 2003. Why did both of them go to sleep for the next seven years?

MCZMA has, in its deposition before your ministry, said it had issued notice to the Adarsh society on lack of environment clearance on November 3, 2009. Why did it take six years for it to do so?

The second question, therefore, is: What action do you propose to take against your ministry officials and those of the MCZMA?

The third question pertains to the violation of the CRZ notification of 1991 vis-à-vis section 3(2)(v) of the Environment (Protection) Act of 1986 itself. As your communiqué mentions, this section "provides for 'restriction of areas' in which any industries, operations or process of class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards. Construction of buildings falls with the category of 'process' ".

Find us one more individual, Mr Ramesh, who agrees with this interpretation of "process".  Why is the language so vague and prone to misinterpretation? Is this deliberate or do you expect us to believe that the literacy level of your officials is so poor? No wonder the Adarsh society is protesting, arguing that it didn't violate any the law as this section deals with industries, not housing societies.

The Adarsh society is also right in questioning the locus standi of MoEF, citing the ministry's March 11, 2003 letter, which said the state government was the clearing authority. To which, your communiqué mentions that your ministry has clarified that the CRZ notification was amended on April 22, 2003 (a month later) withdrawing that power from the state government because of "misutilisation" of power. But you are silent on whether this amendment was communicated to the Adarsh society at that time and what action was taken to ensure that the amendment was followed by other applicants.

The Adarsh society is a fait accompli, Mr Ramesh, just as many other big-ticket projects that your ministry first cleared and then issued notices about violations of law when public outcry reached unmanageable levels - Lavasa project in Pune, Vedanta's smelting and refinery plants in Orissa, Jindals' thermal plants in Ratnagiri, Maharashtra, Lafarge's mining in Meghalaya and so on. It would be naive again to expect that the Adarsh society would actually be demolished.

Get your act together, Mr Ramesh, and get right the vaguely worded laws, notifications and regulations and ask your men to act proactive, not reactive to public outcry.


- See more at: http://www.governancenow.com/news/regular-story/adopt-adarsh-policies-mr-ramesh-ad-hoc-ones-will-not-do#sthash.k3CdUkan.dpuf

http://epaper.timesofindia.com/Repository/getFiles.asp?Style=OliveXLib:LowLevelEntityToPrint_TOINEW&Type=text/html&Locale=english-skin-custom&Path=TOIBG/2010/10/27&ID=Ar00900


Publication: The Times Of India Bangalore;  Date: Oct 27, 2010;    Section: Times Nation;            Page: 9           


No record of environmental clearance: MoEF
MMRDA Allowed Housing Society In Violation Of Coastal Regulation Rules
Prafulla Marpakwar & Josy Joseph | TNN

New Delhi: Adding a new twist to the controversy surrounding Adarsh Housing Cooperative Society, the Colaba highrise in which a clutch of powerful politicians, bureaucrats and former Army chiefs have cornered flats, the Union ministry of environment & forests (MoEF) on Tuesday indicated that it has no records of the building obtaining the necessary environmental clearances. TOI had reported on October 26 how Adarsh Society had appropriated defence land in the name of building houses for war veterans and war widows, and indulged in a host of other violations along the way.

    Based on TOI reports, the MoEF on Tuesday issued a notice to the Maharashtra environment secretary, asking her to examine the project, clearances obtained and the action taken against the violations. The notice says there is a violation of the CRZ (Coastal Regulation Zone) rules and the EIA (Environment Impact Assessment) rules as well. When contacted, Union minister for environment & forests Jairam Ramesh confirmed that his ministry had written to the state government to find out if the building had obtained necessary clearances. The ministry has sought a reply by Monday.

    A day after the TOI report, when the state environment department conducted its own preliminary probe, it found that the urban development department and MMRDA had approved the proposal in blatant violation of CRZ rules in collaboration with the BMC. Although environment secretary Valsa Nair Singh refused to comment, a senior official on Tuesday confirmed that all the rules, particularly under CRZ, were completely ignored. (According to CRZ rules, any project of Rs 5 crore and above has to be approved by the Maharashtra Coastal Zone Management Authority and later by the ministry of environment & forests.) "We examined all the applications submitted to MCZMA. We were stunned to find that while the project was within the CRZ area, the society never submitted an application for approval,'' the official said.

    MCZMA and MoEF were both in the dark on the first phase of Adarsh. However, the state environment department stepped in in 2007 when local residents lodged a complaint, saying there were blatant violations in Phase Two of the project. "We had issued a show cause notice to the promoters of the society and asked them to submit the approvals granted to them by MCZMA and MoEF. They failed to produce the documents — instead, they showed us the correspondence between MoEF and the urban development department,'' the official said.

    Vice-Admiral Sanjeev Bhasin, the flag officer commanding-In-chief of the Mumbai-based Western Naval Command, in his letter to the headquarters in July, had pointed out that under CRZ rules, the height of the building had to be restricted to 30 metres. The current height of the building is evidently 100 metres or more, with 31 floors and 124 flats.

    Admiral Bhasin also quoted from a letter that the principal secretary, urban development department of Maharashtra, had written on August 19, 1999, seeking an NOC for the complex since it falls under the CRZ-1 plan. The letter, which was forwarded to naval headquarters, said the members of the society were officers who had "dedicated their lives to service of the Motherland and deserved all special consideration''. It added that several members were even today fighting at Kargil and in surrounding areas. Records show that none of the senior defence officers who own flats there fought in the Kargil conflict.

Land belongs to revenue dept, say officials

Mumbai: Chief minister Ashokrao Chavan on Tuesday said that he has sought information on the row over the allotment of a prime piece of land to the Adarsh Cooperative Housing Society in south Mumbai. "I have carefully read the report in the Times of India and I am seized of the matter. I have asked the concerned departments to submit a comprehensive report on the allegations. Once the information is received, we will decide on the course of action. So far, no decision has been taken,'' Chavan told TOI.

    Meanwhile, Mumbai collector Chandrashekhar Oke has submitted a preliminary report to the revenue department on the controversy over the allotment of the land to the Adarsh Cooperative Housing Society in 2004. The report also deals with ownership of the land.

    Though Oke refused to comment on his report, a senior Mantralaya official confirmed that the land allotted to the cooperative housing society belonged to the revenue department. TNN AMONG THE ALLOTTEES

I A KUNDAN | Former collector of Mumbai, current joint secretary (planning) P V DESHMUKH | Ex-deputy secretary

KANISHKA J PHATAK | Son of former BMC commissioner Jairaj Phatak KANHAIYALAL GIDWANI | Former Congress MLC and sons Kailash and Amit SEEMA VYAS | FDA commissioner JITENDRA S AWHAD | NCP MLA RAJESH KUMAR DAS | VP, Maharashtra State Road Development Corporation

RANJIT SANGITRAO | Son of transport secretary C S Sangitrao

DEVYANI KHOBRAGADE | Daughter of former BEST GM Uttam Khobragade

J M ABHYANKAR | Ex-director, education

ONKAR TIWARI | Son of state info commissioner and ex-UD secy Ramanand Tiwari


 In the Hon'ble High Court of Delhi at New Delhi

Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012


IN THE MATTER OF:
Seema Sapra                                                                            …Petitioner
versus

General Electric Company and Others                                               ….Respondents


AFFIDAVIT

1.      I, Seema Sapra, daughter of Late Shri A. R. Sapra, aged 43 years, previously resident of G 4, first floor, Jangpura Extension, New Delhi 110014 and rendered homeless on 30 May 2012 (because of and as a result of the whistleblower complaints of corruption, forgery, bribery, fraud and illegal activities made against General Electric, Montek Singh Ahluwalia, Planning Commission, Railway Ministry and Ministry of Finance and as a result of the whistleblower corruption petition (W.P. (C ) 1280/ 2012) and because of my complaints of sexual harassment against Mr Soli J Sorabjee and Mr Raian Karanjawala) in contempt of this Hon'ble Court's order dated May 25, 2012 and presently homeless do hereby solemnly affirm and state as under.

2.      I am the Petitioner in the present Petition and am well aware of the facts of the case and am competent to file the present affidavit.

3.      This affidavit is being filed to supplement the Petitioner's application (filing diary no. 234826/ 2014) on the issue of Mr Suresh Prabhu's dubious appointment as Rail Minister under influence from General Electric Company in this writ petition which is coming up for hearing before Court for the first time on 1 December 2014.

4.      In this application the Petitioner has stated that on 9 November 2014, Mr Sadanand Gowda who was opposed to the Madhepura and Marhowra proposed locomotive factory Projects and tenders because these Projects and tenders were tainted with corrupt dealings was unceremoniously replaced as Railway Minister with Mr Suresh Prabhu by Prime Minister Narendra Modi under pressure from General Electric Company, respondent 1 in this whistleblower corruption case.

5.      The relief sought by the Petitioner in her application on the Suresh Prabhu issue is reproduced below.

PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:
(a)        Direct the Government of India through the PMO (respondent 5 herein) to ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  to ascertain and declare any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and to ascertain and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects;
(b)        Direct the Government of India through the PMO (respondent 5 herein) to ensure that Suresh Prabhu as Railway Minister does not act unlawfully in connection with the Marhowra and Madhepura locomotive factory Projects and that no attempt is made to cover up the complaints of corruption, fraud, forgery, bribery, FCPA violations, tender manipulation, and illegal lobbying that are pending against General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura;
(c)        Direct Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister;
(d)       Issue notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections;
(e)        Direct the Railway Ministry to replace advocate Om Prakash with a lawyer who will not facilitate the cover-up of the corruption complaints against General Electric and who will not collude with General Electric Company's alleged lawyers to sabotage this writ petition;
(f)        Direct that ASG Sanjay Jain who has been instructed to appear in this matter for respondents 4 and 5 (Railway Ministry and the PMO) start assisting the Hon'ble Court and not skip court hearings;


6.      Mr Suresh Prabhu has a history of covering up General Electric corruption and protecting General Electric interests while foregoing legitimate interests and rights of the Government of India which he exhibited while he was Power Minister in the Vajpayee Cabinet and dealing with the Enron-GE-Bechtel consortium's Dabhol Project.

7.      Mr Suresh Prabhu was rewarded for protecting General Electric Company's interests and for covering up the corruption in the Dabhol Project and subsequently became an entrepreneur cum self-professed policy-czar in the power, renewable energy, water, and infrastructure space. General Electric Company is one of the largest companies in these spaces especially in the area of renewable energy and it helped Suresh Prabhu set up as an entrepreneur and self-professed policy expert.

8.      Mr Sharad Pawar also has a long history of dealings with General Electric Company involving corrupt deals at the expense of the Indian exchequer. Some examples are again the Dabhol Project and the Air-India aircraft purchase orders from Boeing fitted with General Electric engines. The corruption inherent in what is now known as the Air India scam which has ended up bankrupting and destroying the national air carrier (a matter that of national shame that calls for introspection) has been the subject of a CAG report and involved then Civil Aviation Minister Praful Patel, appointed to the Manmohan Singh Cabinet as a nominee of Mr Sharad Pawar's party (NCP) and close to Mr Sharad Pawar.

9.      The recent legislative assembly elections in Maharashtra and the failure of the BJP to secure a complete majority and its resultant dependence on either the NCP (Mr Sharad Pawar's party) or the Shiv Sena afforded an opportunity for General Electric Company to again pressurise the BJP led Government of India.

10.  As part of the machinations involving government formation in Maharashtra, General Electric Company used Mr Sharad Pawar to pressurise Prime Minister Modi to induct Suresh Prabhu into his Cabinet as Rail Minister.

11.  The Petitioner has already raised serious concerns based upon facts and evidence about Mr Suresh Prabhu's suitability for appointment as Rail Minister in her application which will be listed on 1 December 2014.

12.  The Petitioner's concerns that General Electric Company is behind Mr Suresh Prabhu's appointment as Rail Minister and that Suresh Prabhu has been brought in to cover up corruption by General Electric Company in the Madhepura and Marhowra Projects and tenders is further buttressed by an interview given by Mr John Rice, Vice Chairman of General Electric Company to an Indian media outlet on 19 November 2014 which is reproduced below. Through this interview cleverly moulded using pre-set questions with the help of the interviewing journalist, Mr John Rice acknowledges that Suresh Prabhu is amenable to General Electric's position, and Mr John Rice further lobbies for award of the Marhowra Project by stating: "I have been in talks with the government on rail modernization probably for the last 17-18 years. Some of my earliest trips to India involved rail modernization. We are ready, willing and able to go and we are quite hopeful that the new minister will move the tendering process forward."

Nov 19, 2014, 01.08 PM IST | Source: CNBC-TV18 New gas price at low end of expectation: GE On rail modernization, John Rice of GE says he has been in talks with the government for the last 17-18 years. He is hopeful that the new minister will move the tendering process.

Read more at: http://www.moneycontrol.com/news/business/new-gas-price-at-low-endexpectation-ge_1232489.html?utm_source=ref_article

New gas price at low end of expectation: GE
John Rice, vice-chairman of GE believes the new gas price is at the low end of expectation. He is not sure whether it will be enough to create all the investments needed to push supply to meet demand in India.

On rail modernization, he says he has been in talks with the government for the last 17-18 years. He is hopeful that the new minister will move the tendering process.

Below is the verbatim transcript of John Rice's interview with CNBC-TV18's Malvika Jain

Q: Gas pricing has been a matter of concern for GE and now that the government has fixed it at USD 5.6 per mmbtu, what do you think about it? Is that something in line with expectations, what does it mean for GE?

A: From everything I can tell, it is at the low end of expectations and whether it is enough to facilitate all the investment that needs to be made to create the gas supplies that this country needs, I don't know. I think most people would say it needs to be a little    bit higher than it is but it is a start and so we are happy about that.

Q: In India we have a new railways minister and FDI in rail is also permitted, are you in talks with the government to develop some sort of a network and invest into India?

A: I have been in talks with the government on rail modernization probably for the last 17-18 years. Some of my earliest trips to India involved rail modernization. We are ready, willing and able to go and we are quite hopeful that the new minister will move the tendering process forward. We will invest, we know other companies who are willing to invest and it is something that the country needs.

Q: How much are you willing to invest into rail modernization in India, is there a specific number that you can give to me?

A: The last time when the tendering process took place, we were prepared to invest several hundred million dollars and bring in our most current locomotive technology and obviously we would have to look at the conditions and the circumstances the next time around but certainly something of that magnitude, we would be prepared to do.

Q: Prime Minister Modi has been making the Make in India call. What does it mean for a foreign investor like you if it was for railway modernization, can we expect you to be setting up plants for manufacturing in India and also for other infrastructure projects?

A: Absolutely. We understand clearly, not just in India that jobs have become the real global currency. It is not the US dollar, it is jobs. Job creation is important everywhere. You cannot have sustainable inclusive growth if you are not creating jobs. So the Indian government, Prime Minister Modi, clearly understands that and he is starting to take the steps necessary to create an environment for investors where companies like ours and others will create the jobs that need to fuel this economic growth.


13.  Contrast Mr John Rice's (General Electric Company) interview with that of Mr William P Ainsworth, President and CEO of Electro-Motive Diesel (EMD) and Progress Rail Services (the Caterpillar-owned subsidiary that acquired EMD in 2010) to a different Indian media outlet published on 27 November 2013, also reproduced below. EMD is the other interested bidder in the Marhowra Project and tenders and is the only rival to General Electric Company for this Project due to tailored eligibility criteria intended to keep all other potential bidders out. When Mr William P Ainsworth is asked to comment on the live Marhowra tender, he replies "when the request for qualification is in process, we don't comment."

'India a bigger rail engine market than China'

Mamuni Das
Using gas rather than diesel-based engines offers customers substantial savings.

Electro-Motive Diesel (EMD), part of the $65-billion capital goods major Caterpillar, is one of the two key American firms competing for a tender to supply diesel locomotives to Indian Railways, the other being GE. William P. Ainsworth, President and CEO of EMD and Progress Rail Services (the Caterpillar-owned subsidiary that acquired EMD in 2010), spoke to Business Line about the key markets for the company's business and also its attempts to develop gas-based locomotives on the back of high diesel prices.

Edited excerpts:

What is the value of business that EMD gets from India?

The problem is we are not a separate reporting section within Caterpillar and we don't reveal the business we do with separate customers. In India, we have one customer — Indian Railways — so it would be difficult to share numbers.

Which countries provide you business?

North America is our largest market. After that it is India, Australia and Brazil.

Not China?

We do some business in China, but it is not a large market for us. Several years ago, in 2005, we had a large order to provide 300 locomotives to China…But India is a consistent market for us.

Did this China order incorporate a transfer of technology component (as the Chinese tend to always do)?

It had some. Some technology we transferred, some we didn't.

Was the transfer of technology agreement with China based on the number of locomotives or the number of years?

Good question, but I don't know the answer to that question. They (EMD) did that part before we (Progress Rail) acquired them.

What is the nature of customers for Progress Rail — primarily state-owned or private owned? Could you give us a break-up?

North America is primarily private. But if you get outside North America, quite a bit is government-owned. Brazil is privatising rail roads, Australia has privatised rail roads. So, I would say it is more private than government. In India, it is government-owned, and so is the case in some other jurisdictions. But it would be difficult to give specific numbers.

You have the railway systems of so many countries as your customers. Which markets are still seeing good growth in orders in the backdrop of the current overall slowdown?

Even though the market is slowing down, worldwide, people are realising that transporting goods and services by rail is the most economical and environment-friendly way to move. Moving freight by rail is two-to-four times more fuel efficient than moving by truck. And when people move by rail they reduce carbon emissions. So, I would say, on a worldwide basis, people are adding more rail infrastructure and a lot of capacity.

Haven't you seen the incremental capacity addition slowing down in the last five-six years?

Well, it ebbs and flows depending on where you are. Obviously in 2009, everything was depressed. But overall, there is growth in rail movement.

You discussed rail versus road competition. What about intra-rail – the diesel versus electric debate. With diesel prices going up, how will your customers get more value for money?

Caterpillar is our parent company. We are the largest high-horsepower engine manufacturer in the world. At EMD, we have the best engine technology available to our customers. So, for the customers that burn diesel we are making more fuel efficient engines.

But one of the big initiatives we are working on with our customers is in the area of liquefied natural gas (LNG). We have demos at the end of this year in North America. Using gas rather than diesel-based engines offers customers substantial savings on current prices in the US now. Also, we are also discovering more and more gas (globally). We are definitely looking at alternative fuel plans.

Are you referring here to the BNSF project (a railroad where Warren Buffett is an investor)?

I won't name any customer. We are working with several customers on gas-based technology.

Indian Railways, too, has been talking about biodiesel- and LNG-based locomotives. Are you currently involved in any discussion in these areas?

Biodiesel, yes. We have told Indian Railways that 5 per cent blend is what we would be perfectly fine with. We are also willing to work with the RDSO (Indian Railway's Research Design and Standards Organisation) on how high we can go with the blend. We are also doing bio-fuel with vegetable oil.

You are already supplying to Brazil, which does a lot of bio-fuel blending. But we have heard that customers who do bio-diesel blending face warranty issues from loco manufacturers…

Bio-diesel is hydroscopic; it absorbs a lot of moisture. So, you have to be careful about how much you blend.

About your business in China. You got the 300 locomotives order in 2005; why hasn't that moved forward?

Well, we worked with China Northern Locomotive and had a 300loco order that we sold them. They were 6000 HP locomotives. There are other opportunities in China that we are evaluating currently. But we see other markets in rail...(and they are) the ones that we are putting our resources in.

Is it true that one of the firms you supplied to in China is today competing with you in the Indian Railways' loco tender now?

(With a laugh): You did say that, I did not. All I can say is we are focussing our resources on specific countries that I talked about earlier.

Have you previously executed public private partnership (PPP) contracts of the kind that you are evaluating now in India (the tender floated by the Railways involves setting up a locomotive project at Madhepura in Bihar through a joint venture)?

PPP is a big word. We have done a lot of deals with governments to provide locomotives and sell them maintenance services. We would not comment about the ongoing tender.

Last time, (in 2008-09), the diesel loco tender got cancelled because EMD did not bid for the project, and Indian Railways was left with just one bidder — GE. You are most likely to be short-listed this time. If short-listed, will you bid?

We have to pre-qualify. We have submitted the documents to pre-qualify. And other than that, when the request for qualification is in process, we don't comment.

But your qualification is almost certain. So, if you qualify, will you bid financially?

Our company policy is to not comment when the process is on.

All I am trying to know is whether you will submit financial bids this time, given the last experience when you pre-qualified but still did not submit a financial bid?

We are not going to comment on that. We are a publicly traded company.

(This article was published on October 25, 2013)
Printable version | Nov 27, 2014 10:07:55 AM | http://www.thehindubusinessline.com/opinion/india-a-bigger-rail-engine-market-than-china/article5272586.ece © The Hindu Business Line




DEPONENT

VERIFICATION


Verified at New Delhi on this 27th day of November 2014 that the contents of the above affidavit are true and correct to my knowledge and that nothing material has been concealed therefrom.
                                                                                               

DEPONENT  


In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
Writ Petition No. 1280 of 2012


IN THE MATTER OF:

Seema Sapra                                                                            …Petitioner
versus

General Electric Co. and Others                                             ….Respondents

INDEX
No.
Particulars
Page
1
Petitioner's affidavit to supplement Petitioner's application (filing no. 234826/2014) on the issue of Mr Suresh Prabhu's appointment as Rail Minister under influence from General Electric Company
1-10


Place: New Delhi                                            Petitioner in Person
27 November 2014                                         Seema Sapra
                                                                       
Rendered homeless since May 30, 2012 as a result of corruption complaints against General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless
9582716748
seema.sapra@gmail.com

Note: All 17 respondents have been served with an advance copy of this affidavit by email dated  27  November 2014

 In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
C.M. Appl. No.         of 2014
In
Writ Petition No. 1280 of 2012


IN THE MATTER OF:
Seema Sapra                                                                                        …Petitioner
Versus
General Electric Co. and Others                                                         ….Respondents

An Application under Section 151, Civil Procedure Code seeking directions that the Government of India through the PMO (respondent 5 herein) ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects; and directions to Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister; and for issuance of notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections

                                                                                    The Petitioner above named
Most Respectfully Showeth:
1.                  This is an application placing on record the concerns of the Petitioner-whistle-blower regarding developments in the Railway Ministry, Respondent 4 herein, which have an impact on how the Government of India deals with the complaints of corruption, fraud, forgery, bribery and illegal lobbying that are before this Court in connection with the Projects and tenders for the proposed diesel locomotive factory at Marhowra and the proposed electric locomotive factory in Madhepura.

2.                  The new NDA government led by Prime Minister Narendra Modi assumed office after the General Elections in May 2014.

3.                  Prime Minister Narendra Modi appointed Mr Sadanand Gowda as the Railway Minister in May 2014.

4.                  On 9 November 2014, Prime Minister Narendra Modi suddenly replaced Mr Sadanand Gowda with Mr Suresh Prabhu as the Railway Minister.

5.                  Since this petition was filed in February 2012 drawing attention to the biggest corruption scandal in the Railway Ministry to date involving public revenue to the tune of almost 20 Billion USD, the Railway Ministry has seen several rail ministers including Ms Mamata Bannerjee, Mr Dinesh Trivedi, Mr Pawan Bansal, Mr Kharge, Mr Sadanand Gowda, and now Mr Suresh Prabhu. Even former PM Mamohan Singh held charge of this Ministry for a short time. Out of this list, at least 2 rail ministers (Pavan Bansal and Sadanand Gowda) overseeing these projects have been subjected to phone taps. Both Pavan Bansal and Sadanand Gowda have faced criminal investigations involving close family members during their tenure as Rail Ministers. The Rail Minister is required to approve the award of the Marhowra and Madhepura Projects.

6.                  It must be reiterated that General Electric Company is capable of influencing political leaders and of targeting Rail Ministers and Railway Board members in order to prevent them from discharging their official duties in connection with the complaints of corruption against General Electric.

7.                  PM Narendra Modi met the CEO of General Electric Company (Jeffrey Immelt) during his September 2014 visit to the United States.

8.                  In September 2014, the Financial Commissioner of the Railway Board had written to then Rail Minister Sadanand Gowda complaining about the corruption in the Madhepura and Marhowra Projects and recommending that the 2013 tenders for these Projects should also be scrapped as these constitute debt traps for the Indian Railways. According to the Railway Board Financial Commissioner there was no necessity for the Railways to enter into such long term binding purchase orders with assured offtake for electric and diesel locomotives in such large numbers.

Railway official removed after debt trap projection, warned against setting up of rolling stock making units
Ajmer Singh, ET Bureau Oct 18, 2014, 04.00AM IST
http://articles.economictimes.indiatimes.com/2014-10-18/news/55172927_1_indian-railways-debt-trap-arunendra-kumar

("If financial commitments…)
NEW DELHI: The financial commissioner of the Indian Railways has been removed a month after she came up with projections that the state-owned transport behemoth could be headed for an 'irreversible debt trap' if it went ahead with plans to set up new rolling stock manufacturing units. The official, Rashmi Kapoor, was removed on October 14 and replaced by Rajalakshmi Ravi Kumar.



The change took place when Kapoor, who was also holding post of Additional Member (Finance) in the Railway Board, was in Japan on an official trip. On September 5, Kapoor had sent a note to Railway Board chairman Arunendra Kumar, cautioning against setting up new rolling stock manufacturing units under Assured Offtake Agreements (AOT) on the ground that this would result in a financial commitment of Rs 1.65 lakh crore, which would plunge the Railways into a debt trap.

The September 5 letter was marked to the Railway minister. Kumar confirmed that the finance department had reservations about the wisdom of the locomotive manufacturing plans, but said the Railways would go ahead.

"In 2009 the finance department said yes, and in 2014 it says no, that is not acceptable. I must tell you that due diligence has been done, there is no question of debt trap. We are getting the best technology, these are high technology locomotives which our factories can't make. The locomotives are instant revenue earners, tracks won't give you money," Kumar told ET. An official from the finance department said its analysis indicated huge outflows on account of interest payments.

"We sensitised the new regime in July-August, and in September, recorded our objections on the files that there is no requirement of additional locomotives. And that the proposals to set up rolling stock manufacturing units under Assured Off-Take (AOT) agreements through PPP mode should be dropped."

If financial commitments are affected, the annual lease charge serving liability of Indian Railways (IR) towards Indian Railways Finance Corporation (IRFC), from whom loans shall be raised, would exceed the annual borrowing," a senior Railway officer told ET on condition of anonymity.

"We had apprised the previous Railway Minister Mallikarjun Kharge also, but nothing happened. And now we decided, this is a national waste and can't be allowed," he said.

Further, locomotives and wagons, if needed, can be sourced from units belonging to the Railways. Besides, Dedicated Freight Corridors, once made operational, would permit high-speed freight trains, thereby reducing the additional rolling stock requirement, so there is a need to decongest the tracks, the finance department reportedly advised.

However, the officials of Mechanical and Electrical wings of the Raiways, insists that the figures projected by the finance wing are theoretical and not applicable to field situations. They insist there is a requirement of additional wagons and locomotives, and commitments made in Parliament to set up these units must be honoured.

"We are short by 500-600 locos and we can't invest in inefficient loco units, where saturation has already reached. Also money generated through these new locos will be high. The two units at Madhepura and Marhowra would manufacture 1800 locos, these are revenue earners. The Cabinet has approved the financial bid document for these two projects. Under the AOT agreements, we have rigid performance parameters. And for 6000 HP and 12000 HP locos, the technology being offered is far superior, which our units at Chitaranjan and Varanasi can't manufacture," Kumar said.


The two units proposed to be set up under AOT agreement are ELF Madhepura (for electric locomotive) and DLF Marhowra (HP Diesel Locomotives). In all, 15 rolling stock units are proposed to be set up under AOT agreements, through Public-Private Partnership (PPP) mode. According to official figures, in 2013-14, Railways borrowings were at Rs 11,790 crore, whereas lease charges (debt servicing) stood at Rs 13,180 crore, with a negative cash flow of Rs 1,390 crore.

"The total financial commitment between 2018- and 2029 is estimated to be Rs 1.65 lakh crore. These are all green field projects and railways shall have to pay for them by borrowing from IRFC. And if AOT commitments are affected, then average annual borrowing from IRFC would peak to Rs 38,000crore. Railways is not generating enough to pay service charges, which include dividend charges to government of India and lease charges to IRFC," disclosed a senior railway official, who has direct knowledge of the ongoing controversy.


9.                  News reports were subsequently published that Mr Sadanand Gowda was not inclined to proceed with the Madhepura and Marhowra Projects.

10.              Therefore when Mr Sadanand Gowda was suddenly replaced on ( November 2014 by Mr Suresh Prabhu as Railway Minister, the Petitioner decided to look into Mr Suresh Prabhu's background.

11.              Based upon her research into Mr Suresh Prabhu's background, the Petitioner emailed her concerns about Mr Suresh Prabhu's appointment as Rail Minister to the President of India and to Prime Minister Narendra Modi on 17 November 2014.


12.              These two emails of the Petitioner dated 17 November 2014 and titled "Suresh Prabhu's benami companies - further representation to PM Narendra Modi about unsuitability of Suresh Prabhu as Rail Minister from Seema Sapra, General Electric whistle-blower in WP Civil 1280 of 2012, a corruption whistleblower case (Seema Sapra v General Electric Company and Ors.)" totalling 23 pages have been filed by her in this matter on 19 November 2014 and are on the court record.

13.              These emails raise the following concerns about Mr Suresh Prabhu's appointment as Rail Minister.

To the President Pranab Mukherjee, and Prime Minister Narendra Modi,

I am concerned that Mr Suresh Prabhu as the new Railway Minister will assist General Electric Company and Montek Singh Ahluwalia in covering up the corruption, bribes, forgery, fraud, and illegal lobbying involved in the Projects and tenders for the diesel locomotive factory at Marhowra and the electric locomotive factory at Madhepura, which complaints are subjudice before the Delhi High Court in Writ Petition Civil No. 1280/2012 (Seema Sapra v General Electric Company & Others). The PMO, the Railway Ministry, the CVC, the CBI and the Delhi Police Commissioner are the State respondents who have all been issued notice by the Delhi High Court in this matter. General Electric Company, Bombardier, Siemens, Alstom, EMD (a Caterpillar subsidiary) and BHEL are all respondents in this matter who have been issued notice by the Delhi High Court.
I remind you of some aspects from Mr Suresh Prabhu's past and recent past.
Mr Suresh Prabhu was involved in the multi-crore cobbler scam in Maharahtra in the mid-1990s when he was Chairman of Saraswat Bank.
Mr Suresh Prabhu also played a dubious role in the Enron-GE-Dabhol scam when he was Power Minister in the Vajpayee led NDA government. It appears as if Suresh Prabhu's appointment as Power Minister was to facilitate the cover up of the corrupt dealings in the Dabhol Project.
Suresh Prabhu benefited from the Adarsh scam as a flat allottee, and with his links to power and politics in Maharashtra, his claim that he was unaware of the illegalities and was a mere "victim" is disingenuous.
I attach a copy of Mr Suresh Prabhu's CV. He claims to be active as an entrepreneur in the area of renewable energy. He is therefore bound to have past and ongoing ties to General Electric Company, one of the biggest corporates in the area of energy and renewable energy.
Mr Suresh Prabhu is pursuing a PhD at the Freie University in Berlin, which is described on the internet as a CIA funded organization.
Mr Suresh P. Prabhu is Chairperson of the Council on Energy, Environment and Water, India.
Suresh Prabhu's son Ameya Prabhu is an entrepreneur and investor in energy portfolios and projects. His CV reads like that of a middleman for energy deals.
Suresh Prabhu and his son Ameya Prabhu appear to have been jointly working as a lobbying/fixer/facilitator team for corporate interests in the area of renewable energy and water policy and projects in India.
Suresh Prabhu and his son Ameya Prabhu must disclose their past and present dealings (including financial dealings) with General Electric Company and its affiliates.
Ameya Prabhu's business interests create a clear conflict of interest if Suresh Prabhu handles any energy/ renewable energy related policy/ projects for the Government of India. It is therefore a matter of grave concern that the present government of Prime Minister Narendra Modi has appointed Suresh Prabhu as the head of a high-level panel on power revamp — "Advisory Group for Integrated Development of Power, Coal and Renewable Energy."
I have earlier complained of conflict of interest concerns regarding Montek Singh Ahluwalia and his son Pawan Ahluwalia. Mr Suresh Prabhu and his son Ameya Prabhu are in the same boat and Mr Suresh Prabhu's recent appointments to positions in the Government of India raise serious concerns of conflict of interest.
The Narendra Modi government came to power after an election campaign run on anti-corruption messaging and promises. That is why the appointment of Mr Suresh Prabhu to government positions and to the Railway Ministry despite his conflict of interest and past background of involvement in corruption and its cover-up is very disappointing. I urge Prime Minister Narendra Modi to correct course and to ensure that there is no cover up of the corruption, bribes, forgery, fraud, and illegal lobbying involved in the Projects and tenders for the diesel locomotive factory at Marhowra and the electric locomotive factory at Madhepura, which complaints are subjudice before the Delhi High Court in Writ Petition Civil No. 1280/2012 (Seema Sapra v General Electric Company & Others).
I have included below a brief dossier on Mr Suresh Prabhu and his son Ameya Prabhu.

Seema Sapra

Dossier on Suresh Prabhu

Amerya Prabhu is the Deputy Managing Director of Greenergy Renewables Private Limited which describes itself as a Renewable Energy Independent Power Producer (IPP) and a Renewable Energy Services Company (RESCO). According to its website, Blue Crane Holdings Pvt. Ltd. (BCH) is the investor in Greenergy Renewables Pvt. Ltd. Ameya Prabhu is the nominee of Blue Crane in Greenergy.

Greenergy's website contains the following profile for Ameya Prabhu:
"Mr. Ameya Prabhu - Deputy Managing Director
Mr Ameya Prabhu, in his capacity as Deputy Managing Director, is responsible for working closely with the Managing Director to lead the organization towards achievement of its goals. Mr Prabhu is involved extensively in devising a corporate strategy for Greenergy, and in raising funds for the company.
Mr Prabhu is a nominee of Blue Crane Holdings on the Board of Directors of Greenergy Renewables. Blue Crane Holdings is a company focused on emerging business opportunities in the water and clean energy sectors. His areas of expertise include: finance, renewable energy, energy efficiency, power, foreign collaborations and partnerships.
Mr Prabhu was previously a Director with Energy India Corporation and was involved in developing thermal and wind power projects in South Asia. He was involved in formulating a relationship with a leading European utility for co-developing a thermal power plant in Maharashtra, India and in tying up the coal linkage for the project.  His earlier experience includes stints at IL&FS marine transport division, Enam Consultants, DSP Merill Lynch and ICICI Bank.
Mr Prabhu holds a Masters in Financial Management from the IE Business School and is a CFA Level II Candidate. He has a B.Sc. in Economics, Politics and International Studies at the University of Warwick."

The Blue Crane website at http://www.bluecraneholding.com/index01.htm contains no information about its officers or its investors.  The only information on this website is some contact information which reads as under:

"Aban House, 3rd floor, Sai Baba Lane
(Rope Walk Lane), Behind Rhythm House
Fort, Mumbai 400023 INDIA

Tel : +91-22-4002 5770
Fax : +91-22-4002 5778
Email: info@bluecraneholding.com
Web : www.bluecraneholding.com"

Ameya Prabhu is also shown as a Director in Essay Infra, and the company's website contains the following profile for Suresh Prabhu:

"Ameya Prabhu, Director
With a Bsc. in Economics, Politics and International Studies from the University of Warwick and a Masters in Financial Management from the IE Business School in Madrid, Spain, he is actually positioned as a CFA Level II Candidate.
Previously a Director with Energy India Corporation, Mr. Prabhu was involved in developing thermal and wind power projects in South Asia. He was involved in formulating a relationship with a leading European utility for co-developing a thermal power plant in Maharashtra, India and in tying up the coal linkage for the project. His earlier experience includes stints at IL&FS marine transport division, Enam Consultants, DSP Merill Lynch and ICICI Bank.
Mr.Prabhu's areas of expertise include: finance, renewable energy, energy efficiency, power, foreign collaborations and partnerships. Currently he is actively working towards promoting closer integration between companies in India, China and Latin America."

Energy India Corporation has no functional website. This is where Ameya Prabhu claims to have worked earlier.
http://essayinfra.com/ameya_prabhu.html

ESSAY INFRA RESOURCES PVT. LTD.

Corporate Office:
201, Sumer Kendra,
P.B. Marg, Worli,
Mumbai 400093,
Maharashtra, India.
           
Tel.: +91 22 - 40963300
Fax: +91 22 - 40963300

Email: info@essayinfra.com
Essay Infra's website describes its business areas in the following terms:
"Business Areas
SWIFT business, swiftly.

Essay Infra has evolved its key areas of focus in synch with the India-development theme. With our focus on Solar Energy, Water, Infrastructure, Finance and Trading, Essay Infra is aligned to make most of the immense potential that lies ahead in the region.

We have designed the interplay between our areas of focus and our global partnerships to embed speed and efficiency as we seek to focus on SWIFT in a swift manner."

Mr Suresh Prabhu also appeared to own a Finance Company at one time.
"AMEYA PRABHU FINANCE LIMITED
L65990MH1997PLC106955
No of Views
8
( 0 voters)
Brief
AMEYA PRABHU FINANCE LIMITED is a listed company registered on 31/03/1997. The company has an authorized capital of Rs 30,00,000.00 and paid-up capital of Rs 25,00,000.00.
Its registered office is situated at Unit No 1/2 & 3 Mid Townplaza Shivaji Nagarnear Punjab National Bank, Thane, Maharashtra, India-400604.
The status of company in the records of Registrar is strike off which means that it has closed its operations.
Company has currently 0 director and falls under the jurisdiction of Registrar of Company-Mumbai.
BASIC DETAILS
Incorporation Date
31/03/1997
Registering Authority
Registrar of Company-Mumbai
Registration Number
106955
Listing Type
Listed
Company Nature
Company limited by shares
Company Type
Public
Status at Registry
Strike off
Company Sub Category
Indian Non-Government Company
Authorized Capital
Rs. 30,00,000.00
Paid-up Capital
Rs. 25,00,000.00
CONTACT DETAILS
 Edit
Address           UNIT NO 1/2 & 3 MID TOWNPLAZA SHIVAJI NAGARNEAR PUNJAB NATIONAL BANK
City     THANE
State    Maharashtra
Country           INDIA
Pin       400604
Email Id          Not Available"


Published: July 2, 2014 01:58 IST | Updated: July 2, 2014 01:58 IST
Suresh Prabhu to head panel on power

Sandeep Dikshit
The National Democratic Alliance government has appointed the former Cabinet Minister, Suresh Prabhu, as the head of a high-level panel on power revamp — "Advisory Group for Integrated Development of Power, Coal and Renewable Energy."

Mr. Prabhu will draw on his experience as the initiator of reforms in the power sector during his tenure as Power Minister in the former NDA government when he had piloted the integrated electricity bill and the law for setting up a regulator, something that current Minister Piyush Goyal wants to do in the coal sector, sources said.

Mr. Prabhu will be assisted by three former bureaucrats — Pratyush Sinha, Anil Baijal and Partha Bhattacharya.

The former Central Vigilance Commissioner, Pratyush Sinha, was earlier heading a committee overseeing distribution of Central officers of Andhra Pradesh cadre between the two successor States of Telangana and Andhra Pradesh in the previous government.

Vast experience
Mr. Baijal has extensive experience in the public and private sectors. A former Indian Airlines chief and former Union Home Secretary, he has also been associated with DLF, ITC and Bharti Groups post-retirement.

Mr. Bhattacharya is a former Coal India Limited chief who had piloted the country's largest IPO. He was also instrumental in turning around Bharat Coal that was incurring annual losses of Rs. 600 crore.
http://www.thehindu.com/news/national/suresh-prabhu-to-head-panel-on-power/article6167646.ece

Keywords: Power ministry, Suresh Prabhu
National          MAGAZINE | JAN 15, 1997
MAHARASHTRA
Beneficiaries All
Politicians are implicated in the Rs 1,000-crore cobbler scam
CHARUBALA ANNUNCIO
THE boot may well be on the other foot now. While it was former sheriff Sadruddin Daya of Dawood shoes, Rafique Tejani of Metro Shoes and Kishore Signapurkar of Milano Shoes who were held as the prime accused in the Rs 1,000-crore cobbler scam, fresh investigations have revealed the full-fledged compliance of Maharashtra politicians in the fraud.

Leaders from all three prominent parties—the Congress, the BJP and the Shiv Sena—appear to have been involved in the diabolical siphoning of public funds under the garb of setting up cooperative societies for poor cobblers.



While Congressman Shinde's Chakrayu society flouted rules with impunity, the Sena-BJP's Munde (right) helped by making it easy for Mumbai cooperatives to avail of KVIC subsidies.    


And in the coming weeks, investigators hope to unearth the names of the political beneficiaries of the embezzlement.
Meanwhile, allegations are flying thick and fast. Among the political links being investigated is that of former Maharashtra chief minister, Sharad Pawar. Though there is no direct evidence implicating the Congress leader, investigations have revealed Tejani to be a director of the    Rs 500-crore Dynamix Dairy Products Pvt Ltd in which Pawar is believed to have a stake through the holdings of family members. According to sources, the sole milk supplier to Dynamix, the Baramati Milk Cooperative, is controlled by Pawar. Sources hint that a good amount of the money from the shoe scam may have been diverted to Dynamix. However, the Pawar link still remains tenuous.

What is not tenuous, however, is that it was during Pawar's regime that Congressmen had a field day. It was at this time thistimethat                              Sushil Kumar Shinde, chief of the Maharashtra Pradesh Congress Committee (MPCC), floated the Chakrayu society which flouted every rule in the book. It dealt in machine-made goods against the mandatory rule of handcrafted leatherwear. So while the project report guaranteed employment to 2,000 cobblers, only about 50 were actually employed. Further, the rules say that 10 per cent of the total funds should be contributed by members of the society; 60 per cent should come from financial institutions and the state government should loan the remaining 30 per cent. However, according to the Accountant General's report, member contribution to the Rs 133-lakh Chakrayu project was just            Rs 4.75 lakh. Of this, Rs 4.25 lakh was contributed by 200 members who were shown as "people of repute". Investigations reveal that they included Kripashankar, vice-president, MPCC and Ramdas Phutane, a Congress MLC, among others.

With the cobblers being too poor to contribute even the token Rs 100 to join cooperatives, it is usually the Mahatma Phule Vikas Mahamandal which pays their membership fee. However, in the case of Chakrayu, the Mahamandal refused to give the funds. In 1992, Shinde, then state finance minister, got the government to sanction Rs 44.5 lakh for the society in three instalments. In a further flouting of rules, Shinde got the Maharashtra State Finance Corporation to sanction Rs 60 lakh.

Once Chakrayu was formed, the cobblers' interests were given a back seat, say sources. Normally, every member of a cooperative society has equal voting rights, but Chakrayu modified the rule—only members with a contribution of Rs 1,000 or more were entitled to vote. This virtually alienated the cobbler members of the society.

The Congress involvement has given enough ammunition to the BJP and the Shiv Sena against the previous regime, although both parties cannot deny the involvement of some of their own members. For the moment, however, it is Pawar and his partymen who are being accused of turning a blind eye to the looting of public money. Points out Kirit Somaiya, MLA and Mumbai city president of the BJP: "The previous government cannot be absolved of the responsibility of letting such activity flourish for over 10 years." Nor does that absolve the Shiv Sena-BJP government. The present deputy chief minister, Gopinath Munde, who held the finance portfolio for about three months and presented the '96-'97 budget, is also under the cloud of suspicion. Mrs Maharuk Keravala, a friend of Tejani's wife and a prime suspect in the scam, has alleged that she, along with BJP MLA Sadashiv Lokh-ande and others, approached Munde to help them out. Munde obliged by raising the sales tax exemption limit to Rs 50 lakh and doing away with the need for societies to get a certifi-cation from the Khadi Village Industries Commission (KVIC). The KVIC had laid down in 1987 that only societies located in villages were entitled to benefits from it. By doing away with the need for certification, Munde made it possible for cooperatives located in Mumbai to enjoy the bene-fits of KVIC subsidies.

As investigations continue, lesser known politicians are also being pulled into the net. Money to prime accused Sadruddin Daya was sanctioned by the chairman of Saraswat Cooperative Bank, Suresh Prabhu, who is now a Shiv Sena MP. Bomb blast accused Abu Azmi of the Samajwadi Party has also been found to have links with the scam-sters. The Economic Offence Wing has identified Shiv Sena legislator Baburao Mane among those who may have been aware of the scam.

The BJP claims it is looking into the involvement of its members. The Sena has not been as categoric. But with the interrogation of the accused revealing names of leading lights in the political firmament, the cobbler scam is likely to have a fallout whose repercussions will be felt by all parties, be it the Congress, the BJP or the Shiv Sena.
http://www.outlookindia.com/printarticle.aspx?202844

The Great Indian Cobbler Scam

24
APR
So, in my 5th semester I had to make a project and presentation on 'The Cobbler Scam' and while doing all my online research on this topic I realized there wasn't a wikipedia page dedicated to this scam so I thought I'd post my project on my blog for anyone who'd be interested in knowing more about it.

 Many of the details are going to shock you and for people who've never even heard about this scam,you might even find it amusing,initially. Most people haven't heard about the Great Indian Cobbler Scam  because  it happened only in Mumbai and was exposed in 1995 and ever since there have been SEVERAL scams that have been unearthed which were way bigger and significant than this one. Nevertheless, this scam involved a lot of money and many banks and prominent people as well. And we need to be aware of how rampant corruption in India is in every single field. No wonder India can be aptly called 'The land of Scams'.

So here it is, The Great Indian Cobbler Scam

Image

 The Cobbler Scam is one of the biggest multi million dollars scam in Indian History, is nicknamed The Great Cobbler Scam. What really happened in this Great Cobbler Scam was that various businessman & politicians had siphoned around $600 million US dollars from a scheme that was floated by the Government of India meant to benefit the poor cobblers of Mumbai. Instead, it went into the pockets of the elites who used this money to built luxury homes for themselves and also brought luxury cars, boats, arts, etc. The money of the scheme was meant to provide low interest loans and tax concessions to the Mumbai's poorest – cobblers who work 16-hours a day for less than $2. Not a single penny reached these cobblers.

The modus operandi of the mastermind was to float a cooperative society of cobblers to avail of soft government loans through various schemes. Several bogus societies of cobblers were formed only for the purpose of availing these soft government loans. The main heads Daya of Dawood Shoes, Rafique Tejani of Metro Shoes and Kishore Signapurkar of Milano Shoes created fictitious cooperative societies for cobblers. On behalf of these non existing cooperative societies they availed loans of crores of rupees from different banks. The accused created a fictitious cooperative society of cobblers to take advantage of government loans through various schemes. The banks involved in giving loans were also charge sheeted.

The primary accused in the multi-crore shoe scam is Sohin  Daya, son of former Sheriff of Mumbai. The people involved in this racket were Saddrudin Daya, former sheriff of Mumbai and owner of Dawood Shoes, Rafique Tejani, owner of Metro Shoes, Kishore Signapurkar, proprietor of Milano Shoes, and Abu Asim Azmi, president of Samajwadi Party's Mumbai unit and partner in Citywalk Shoes. Beside them various officials of banks and financial institutions were also involved in this multi million dollars scam.

The Banks whose officials were involved in this scam are: Maharashtra State Finance Corporation, Citibank, Bank of Oman, Dena Bank, Development Credit Bank, Saraswat Co-operative Bank, and Bank of Bahrain and Kuwait.

This scam cost the Government of India around $600 million US dollars. This was one of the worst scam in India that cheated the poorest people of the society and benefited a lot of rich and elite people. This is one of the reasons why poverty in India is difficult to eliminate. The scam was exposed in 1995.

HOW THE SCAM UNEARTHED:

The following is an article by the Express News Service on how the Cobbler Scam was exposed:

VIGILANT AGENCIES EXPOSED SHOE SCAM

Express News Service

MUMBAI, June 1: The unearthing of the Rs 1600-crore cobbler's scam that closed in on bigwigs of the shoe industry was expected, caused as it was by three agencies working towards its exposure.

Officials of the Brihanmumbai Municipal Corporation's octroi department had lodged complaints about raw materials being brought into the city on a large scale. These materials had octroi concessions as they were brought in lieu of the cooperative societies. On the basis of the complaints, the police carried out its own    investigations, and a diligent officer in the office of the Registrar of Cooperative Societies decided to do a complete survey of registered societies in Mumbai.

Immediately after taking charge in 1995, Sudhir Thakre, the joint registrar of the Cooperative Society for Mumbai division, ordered a survey of the registered societies. "Our officers, especially auditors of each of these societies complained that most of these societies did not exist at the registered addresses furnished to this office," Thakre said in an exclusive interview to Express Newsline, narrating the process of investigation into the big business' way to success through fictitious cobbler societies.

Thakre decided to survey all the societies that had been formed. "Normally, since most of the cobblers were poor and illiterate, we did not like to harass them with too much inspection. "This leniency on the registrar's part was misused by the businessmen," he admitted.

The BMC, meanwhile, complained to the police about huge consignments of raw materials (used for the purpose of shoe-making) being brought into Mumbai. Worth around two crores, these materials obtained octroi concessions. The police started making their own investigations, and both the agencies got suspicious when "all the cobblers' societies were found missing."A clearer picture emerged by January 1996 when flying squads with the registrar were given specific orders to follow a society to its very last. A report on prima facie evidence was made for the police by March 1996.

"My boys worked for five months, sometimes without the societies themselves realising it, and by August 1996, we got the complete picture," he said.

DCP Sanjay Pandey, who had taken over the Economic Offences Wing then approached him asking for details, since he too was working on the case. "By September 9, a report of 80 to 90 pages was ready for the police. "Till then, we had completed 19 raids and 51 societies were being investigated." The rest, as they say, is history.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.

People Affected by the Scam
•The poor Cobblers of Mumbai are the one who are majorly affected by the Scam as they were not benefited by a single rupee of the Scheme which was meant only for them.

•Government of India was also affected by the Scam as the scam  cost  the  Government  around  1200  crores  Indian rupees.

•The Banks whose officials were involved in the scam like Maharashtra State Finance Corporation, Citibank, Bank of Oman, Dena Bank, Development Credit Bank, Saraswat Co-operative Bank, and Bank of Bahrain and Kuwait, spoiled their reputation.

•Politicians,  bureaucrats  and  top  shoe  manufacturers  in Maharashtra were also affected as the Shoes manufacturers have to shut their shoe outlets and their business was lost.

Politicians Implicated in the Scam

The boot may well be on the other foot now. While it was former sheriff Sadruddin Daya of Dawood shoes, Rafique Tejani of Metro Shoes and Kishore Signapurkar of Milano Shoes who were held as the prime accused in the Rs 1,000-crore cobbler scam, fresh investigations have revealed the full-fledged compliance of Maharashtra politicians in the fraud.

Leaders from all three prominent parties the Congress, the BJP and the Shiv Sena appear to have been involved in the diabolical siphoning of public funds under the garb of setting up cooperative societies for poor cobblers. Meanwhile, allegations are flying thick and fast. Among the political links being investigated is that of former Maharashtra chief minister, Sharad Pawar. Though there is no direct evidence implicating the Congress leader, investigations have revealed Tejani to be a director of the  Rs500-crore Dynamix Dairy Products Pvt Ltd in which Pawar is believed to have a stake through the holdings of family members. According to sources, the sole milk supplier to Dynamix, the Baramati Milk Cooperative, is controlled by Pawar. Sources hint that a good amount of themoney from the shoe scam may have been diverted to Dynamix. However, the Pawar link still remains tenuous. What is not tenuous, however, is that it was during Pawar's regime that Congressmen had a field day. It was at this time that Sushil Kumar Shinde, chief of the Maharashtra Pradesh CongressCommittee (MPCC), floated the Chakrayu society which flouted every rule in the book. It dealt in machine-made goods against the mandatory rule of handcrafted leatherwear. So while the project report guaranteed employment to 2,000 cobblers, only about 50 were actually employed.

Further, the rules say that 10 per cent of the total funds should be contributed by members of the society; 60 per cent should come from financial institutions and the state government should loan the remaining 30 per cent. However, according to the Accountant General's report, member contribution to the Rs 133-lakh Chakrayu project was just Rs 4.75 lakh. Of this, Rs 4.25 lakh was contributed by 200 members who were shown as "people of repute". Investigations reveal that they included Kripashankar, vice-president, MPCC and Ramdas Phutane, a Congress MLC,among others.

With the cobblers being too poor to contribute even the token Rs 100 to join cooperatives,  it is usually the Mahatma Phule Vikas Mahamandal which pays their membership fee. However, in the case of Chakrayu, the Mahamandal refused to give the funds. In 1992, Shinde, then state finance minister, got the government to sanction Rs 44.5 lakh for the society in three instalments. In a further flouting of rules, Shinde got the Maharashtra State Finance Corporation to sanction Rs 60 lakh. Once Chakrayu was formed, the cobblers' interests were given a back seat, say sources. Normally, every member of a cooperative society has equal voting rights, but Chakrayu modified the rule only members with a contribution of Rs 1,000 or more were entitled to vote. This virtually alienated the cobbler members of the society. The Congress involvement has given enough ammunition to the BJP and the Shiv Sena against the previous regime, although both parties cannot deny the involvement of some of their own members.

For the moment, however, it is Pawar and his party men who are being accused of turning a blind eye to the looting of public money. Points out Kirit Somaiya, MLA and Mumbai city president of the BJP: "The previous government cannot be absolved of the responsibility of letting such activity flourish for over 10 years." Nor does that absolve the Shiv Sena-BJP government. The present deputy chief minister, Gopinath Munde, who held the finance portfolio for about three months and presented the '96-'97 budget, is also under the cloud of suspicion. Mrs.Maharuk Keravala, a friend of Tejani's wife and a prime suspect in the scam, has alleged that she, along with BJP MLA Sadashiv Lokh-ande and others, approached Munde to help them out. Munde obliged by raising the sales tax exemption limit to Rs 50 lakh and doing away with the need for societies to get a certification from the Khadi Village Industries Commission (KVIC).The KVIC had laid down in 1987 that only societies located in villages were entitled to benefits from it. By doing away with the need for certification, Munde made it possible for cooperatives located in Mumbai to enjoy the benefits of KVIC subsidies. As investigations continue, lesser known politicians are also being pulled into the net. Money to prime accused Sadruddin Daya was sanctioned by the chairman of Saraswat Cooperative Bank, Suresh Prabhu, who is now a Shiv Sena MP. Bomb blast accused Abu Azmi of the Samajwadi Party has also been found to have links with the scam-sters. The Economic Offence Wing has identified Shiv Sena legislator Baburao Mane among those who may have been aware of the scam. The BJP claims it is looking into the involvement of its members. The Sena has not been as categoric.

But with the interrogation of the accused revealing names of leading lights in the political firmament, the cobbler scam is likely to have a fallout whose repercussions will be felt by all parties, be it the Congress, the BJP or the Shiv Sena.

What treatment was given at the end of the scam?

•Based on the complaints of BMC, the police started investigations. The banks whose officials were involved in this scam are : Maharashtra State Finance Corporation, Citibank, Bank of Oman, Dena Bank, Development Credit Bank, Saraswat  Co-operative Bank, and Bank of Bahrain and Kuwait were charge sheeted.

• Officials of Bank of Baroda, Saraswati Co-operative Bank and the Bombay Mercentile Co-operative Bank are also facing charges for fraudulent manipulation of government funds.

• After the inquiry, Dawood, Metro, Milano, Citywalk  and a host of other shoe shops were sealed. They opened only after a long battle.

• At present, the shoe scam is in queue of cases waiting to be taken up by the court of the 19th additional chief metropolitan magistrate. All the accused are out on bail.

•Files on the multiple cases of the shoe scam are gathering dust on court shelves.

•The case is still waiting for a trial .

•The Economic Offences Wing (EOW) of Mumbai police filed seven charge-sheets against 28 accused in the Rs 1,600-crore cobbler scam at the 37th metropolitan court.

•Apart from Sadruddin Daya, the prime accused in the scam and former sheriff of Mumbai, his wife Shauheen, two international banks and five co-operative  banks have also been charge sheeted under various sections of the Indian Penal Code (IPC). The charge-sheets were filed before the additional chief metropolitan magistrate, Sharad N Chimade.

Surprisingly, Rafique Tejani of Metro Shoes, Kishore Signapurkar of Milano Shoes and Abu Asim Azmi of Citywalk Shoes have not been charge-sheeted.

EOW officials said the role of the three companies in the scam was still being investigated.

•Others who have been charge-sheeted are: Anwar Merchant, Salim Merchant,  Abdul  Memon,  Bashir  Inamdar, M Z Kerawala, V V Chandy, Arshad Wahedna, B.B Trivedi, R Krishnan, D K Sabawala, S Yogeshwaran and R V Bhatt, M GRamakrishnan, V P Khurana, S N Gokhale, T A Khan, Manohar Surve, Siddique, P K Sukhtankar, D J Raikar, N J Ghotage, D NKamath, P P Deshmukh,V N Dalal, J P Shah and  SiddharthShirali.

•Special public prosecutor P R Namjoshi told the court that the EOW is preparing 26 sets of the charge-sheets to be given to the accused. He requested the magistrate to grant prosecution six weeks' time to furnish the same. His request was granted.

•The sections of IPC included in the charge-sheets cover criminal conspiracy, forgery, preparing and using duplicated documents for financial benefits, criminal breach of trust, cheating, jumping bail limits, fraudulently setting up fake co-operative societies and making money.

CONCLUSION

India is a country riddled with corruption. The Cobbler Scam cost the government $600 million. The irony is that the money was hijacked from a scheme that should have benefited the poor of Mumbai. Instead it went into the pockets of the wealthy elite. The local government in Mumbai set up a scheme to provide low interest loans and tax concessions to the city's poorest – cobblers who work 16-hour days for less than $2. But not a cent ever got through to the cobblers. Instead various businessmen and politicians built luxury homes, bought luxury cars, boats and art. "For India's poor, the Great Cobbler Scam is just confirmation that fifty years after independence, little has changed." said Dominique Schwartz.

The Cobbler Scam was extensively covered by the Indian media from 1995-2009 writing in detail about the several elites and politicians involved in the scam and the investigations being carried out. This scam had headlined leading newspapers like The Times of India, Hindustan Times, The Indian Express, Business Standard, Mid Day and Outlook, the weekly magazine. It was a case that made front page headlines in 1995, managed to stay there for almost two years — before disappearing. Papers like The Indian Express and Hindustan Times continued to cover the Cobbler Scam and how it was handed over to the Economic Offences Wing (EOW) in the year 2006 and how even almost a decade later the cobbler scam, which involved 40 politicians, bureaucrats and well-known shoe manufacturers in Mumbai is still waiting for a trial.

Times of India had even put forth the grievances of the people impacted by the scam. Indian Express informed how the shoe scam was exposed by three agencies after the BMC filed a complaint about raw materials being brought into the city on a large scale. The media did an excellent job in extensively covering the Cobbler scam and how another Cobbler scam was barred in 2006 where families had got recovery notices for loans taken by complete strangers. Political implications in the 1,000 crore cobbler scam was also elaborately mentioned in the Indian media.

However, though the media high lightened all the aspects of the Cobbler Scam, the trial is yet pending in court and the accused out on bail; hence the media pressure on the Government to take quick action against those on the chargesheet was not as strong as it should have been. The investigation files now continue to gather dust while justice has yet not been delivered after more than a decade.

http://fileyourstory.wordpress.com/2012/04/24/the-great-indian-cobbler-scam/




Former Union minister Suresh Prabhu denies involvement in Adarsh scam

Tuesday, 2 November 2010 - 7:08pm IST | Place: Mumbai | Agency: PTI
http://www.dnaindia.com/mumbai/report-former-union-minister-suresh-prabhu-denies-involvement-in-adarsh-scam-1461252

Prabhu, a former Shiv Sena MP who is a member of the Adarsh Housing Society, said that he joined the Society as an MP but when the NDA was not in power.
Former Union minister Suresh Prabhu today washed his hands off the Adarsh scam, saying that he never gave any permission for the project during his tenure in the Union cabinet.

"I never gave any permissions for this project during my tenure as the environment minister," Prabhu said from Singapore.

Prabhu, a former Shiv Sena MP who is a member of the Adarsh Housing Society, said that he joined the Society as an MP but when the NDA was not in power.

"So, there is no question of me influencing any allotment," he said.

"I was not the promoter nor the office-bearer of the Society. I borrowed money from a bank and all the documents were verified before granting me loan," he added.

Prabhu said that his application was scrutinised and verified by the Mumbai city collector. "I followed the same procedure which is a normal routine for applying for membership in such societies."

"If any irregularity regarding the land had been brought to my notice, I would never have become a member. If there is indeed any irregularity, I am a victim," he claimed.


14.              More information and evidence in connection with the Petitioner's valid concerns regarding Mr Suresh Prabhu's unsuitability for appointment as Rail Minister were also emailed by the Petitioner to the President of India and to Prime Minister Narendra Modi. These are reproduced below:


To the President Pranab Mukherjee, and Prime Minister Narendra Modi,
I am writing with even more shocking information about the unsuitability of Mr Suresh Prabhu as Rail Minister and for any Government of India position.
Even a basic background search about Mr Suresh Prabhu and his family would have shown many red flags in connection with his suitability for a cabinet ministerial post or any government post.
An internet search shows that Suresh Prabhu's son Ameya Prabhu and Suresh Prabhu's wife Uma Prabhu are promoter-directors in several companies whose names indicate operations in the business areas of finance, infrastructure, consultancy and energy. Mr Suresh Prabhu is not a business tycoon. Since 1995/1996, he claims to have been in politics. He has been an MP four times. He was a Chartered Accountant. His wife Uma Prabhu is supposed to be a journalist/ writer.
Then why are his son and wife promoters/ directors in the following companies.
SURVALL GLOBAL PROJECTS PRIVATE LIMITED
GREENERGY WIND FARMS PRIVATE LIMITED 
YELLOW MAPLE FINANCIAL ADVISORS PRIVATE LIMITED
INDO-AFRICA RESOURCES PRIVATE LIMITED
INFRA POWER CONSULTING PRIVATE LIMITED
ESSAY INFRA RESOURCES PRIVATE LIMITED
GREENERGY PROJECT DEVELOPMENT COMPANY PRIVATE LIMI TED
FORESIGHT 2020 PROJECT CONSULTANTS PRIVATE LIMITED
BLUE CRANE HOLDINGS PRIVATE LIMITED
CLEANTECH RENEWABLE ENERGY PRIVATE LIMITED
ENERGY INDIA CORPORATION LIMITED
GREENERGY RENEWABLES PRIVATE LIMITED
MANAV SADHAN VIKAS SUSTAINABLE FOUNDATION
EDUWISE CONSULTANCY PRIVATE LIMITED
DUES BERG BOSSON FINANCIAL SERVICES PRIVATE LIMITE D
This confirms that Suresh Prabhu, his wife and son have been involved in some very suspicious business/ financial dealings through these companies.  

I also refer to the following statement from Ameya Prabhu's profile as posted on the website of his company Greenergy Renewables.
"He was involved in formulating a relationship with a leading European utility for co-developing a thermal power plant in Maharashtra, India and in tying up the coal linkage for the project".

This statement shows that Ameya Prabhu basically acted as a middleman/ fixer/broker for this project. He also tied up the coal linkage. Was this part of the coal scam allottments?
Seema Sapra
The information on Suresh Prabhu's benami companies where his wife/son are directors is reproduced below.

http://www.companywiki.in/wiki/survall-global-projects-private-limited.html

SURVALL GLOBAL PROJECTS PRIVATE LIMITED
U40108MH2011PTC214752
No of Views
7
( 0 voters)
Brief
SURVALL GLOBAL PROJECTS PRIVATE LIMITED is a private company registered on 14/03/2011. The company has an authorized capital of Rs 50,00,000.00 and paid-up capital of Rs 1,00,000.00.
Its registered office is situated at 809, Dalamal Towers,nariman Point, Free Press Marg,, Mumbai, Maharashtra, India-400021.
The status of company in the records of Registrar is active which means that it is actively doing all its filing with the Registrar.
Company has currently 2 director and falls under the jurisdiction of Registrar of Company-Mumbai.

BASIC DETAILS
Incorporation Date
14/03/2011      Registering Authority
Registrar of Company-Mumbai
Registration Number
214752            Listing Type
Unlisted
Company Nature
Company limited by shares     Company Type
Private
Status at Registry
Active Company Sub Category
Indian Non-Government Company
Authorized Capital
Rs. 50,00,000.00         Paid-up Capital
Rs. 1,00,000.00
CONTACT DETAILS
•           EDIT
Address           809, DALAMAL TOWERS,NARIMAN POINT, FREE PRESS MARG,
City     MUMBAI
State    Maharashtra
Country           INDIA
Pin       400021
Email Id          ameyaprabhu@gmail.com
DIRECTOR & KEY PERSONS
DIN/DPIN/PAN         Director Name Appointment Date      Designation
00629670
AMEYA SURESH PRABHU           14/03/2011      Director
01725272
UMA SURESH PRABHU    21/03/2014      Additional Director
OTHER DIRECTORSHIPS OF CURRENT DIRECTORS
DIN/Director Name    Company Name          Designation
AMEYA SURESH PRABHU
(00629670)      YELLOW MAPLE FINANCIAL ADVISORS PRIVATE LIMITED
Director
            INDO-AFRICA RESOURCES PRIVATE LIMITED
Director
            INFRA POWER CONSULTING PRIVATE LIMITED
Director
            ESSAY INFRA RESOURCES PRIVATE LIMITED
Director
            GREENERGY PROJECT DEVELOPMENT COMPANY PRIVATE LIMI TED
Director
            GREENERGY WIND FARMS PRIVATE LIMITED
Director
            FORESIGHT 2020 PROJECT CONSULTANTS PRIVATE LIMITED
Director
            BLUE CRANE HOLDINGS PRIVATE LIMITED
Director
            CLEANTECH RENEWABLE ENERGY PRIVATE LIMITED
Director
            ENERGY INDIA CORPORATION LIMITED
Director
            GREENERGY RENEWABLES PRIVATE LIMITED
Director
            EDUWISE CONSULTANCY PRIVATE LIMITED
Director
            DUES BERG BOSSON FINANCIAL SERVICES PRIVATE LIMITE D
Director
UMA SURESH PRABHU
(01725272)      GREENERGY RENEWABLES PRIVATE LIMITED
Director
            CLEANTECH RENEWABLE ENERGY PRIVATE LIMITED
Director
            GREENERGY PROJECT DEVELOPMENT COMPANY PRIVATE LIMI TED
Director
            GREENERGY WIND FARMS PRIVATE LIMITED
Director
            MANAV SADHAN VIKAS SUSTAINABLE FOUNDATION
Director
            BLUE CRANE HOLDINGS PRIVATE LIMITED
Director
            FORESIGHT 2020 PROJECT CONSULTANTS PRIVATE LIMITED
Director
            EDUWISE CONSULTANCY PRIVATE LIMITED
Director



15.              The petitioner would like to present some further evidence on the issue of the unsuitability of Suresh Prabhu for the post of Rail Minister. The relevant news reports are reproduced below. To use an analogy, given his background and involvement in the Adarsh scam, Suresh Prabhu would never have passed the litmus test for consideration to a judicial post. How then could Prime Minister Narendra Modi consider Suresh Prabhu as a fit candidate for a position in his cabinet and that too in the Rail Ministry with the biggest corruption scandal time-bomb (this petition) ticking away?


Printed from Times Now.tv
Why is Suresh Prabhu underground?
1 Nov 2010, 2048 hrs IST

http://www.timesnow.tv/articleshow/4357409.cms
As the Kargil for Profit scam grows bigger, there is overwhelming evidence that politicians across political colour and creed bent over backwards in colluding with the scamsters. The finger of suspicion also pointing squarely at Suresh Prabhu, the then Union Minister of Environment and Forests and seems to have mysteriously vanished now. As the Kargil for Profit scam blows up too many instances seem to point to the Prabhu.

In fact too many for them to be mere coincidences and that is why Prabhu needs to answer and answer now. He has steadfastly refused to speak on record either on camera or on the phone when TIMES NOW finally caught up with him. Asked him about his apartment in Adarsh Housing Society in Mumbai, Prabhu feigned ignorance and pretended to be surprised. Documents with TIMES NOW however prove otherwise, his name clearly present in the list of allottees.

Raising questions, how can Prabhu claim to not know about a flat he owns? Isn't it too much of a coincidence that he cleared the project and also owns a flat in the building? And most importantly, if he has nothing to hide then why has the high profile Prabhu suddenly gone underground? However these are questions that we have been trying to put to the former Union Minister and he has been doggedly avoiding them and it is this reluctance to answer questions that have been putting Prabhu's role in the scam in doubt.


Suresh Prabhu had resigned from the board of agrochemicals company UPL Ltd, days before becoming the Railway Minister in the NDA government.

Read more at: http://www.oneindia.com/india/sureshprabhu-resigns-from-uplboard-1559952.html

"Pawar is also believed to have played a significant role in getting Suresh Prabhu, his friend from the Sena on to the NDA bandwagon for a high profile ministry. This is just a page from the rules of Pawar for Indian politics." Writes Rana Ayub at http://www.ndtv.com/article/opinion/pawar-politics-has-a-separate-set-of-rules-620848

'Alice' who grew too big for Thackeray

SAMYABRATA RAY GOSWAMI

Nov. 10: Onetime Bal Thackeray favourite Suresh Prabhu, who switched to the BJP on Sunday, is the most hated man in the Shiv Sena today.

Prabhu had been inducted into the Sena at a time it was suffering from an image crisis. The Sena-BJP had just come to power in Maharashtra in 1995 and Thackeray bahu Smita was running Sena chief minister Manohar Joshi's cabinet by proxy.

Dizzy with power, the Sena cadre had turned boorish on the streets while accusations of mafia-style governance were eroding the party's appeal. Ahead of the 1996 general election, Thackeray was on the lookout for an image makeover for the party.

He found an answer in his chartered accountant, who headed the Saraswat Cooperative Bank. That Prabhu was also a qualified lawyer helped immensely, as Thackeray would often consult him on sensitive family and governance matters.

The Sena boss made sure the debutant won his Lok Sabha seat and sent him to Delhi to join the Atal Bihari Vajpayee cabinet.

"Suresh never really became a party insider. He was our mascot at the national stage — the sophisticated face in Delhi's power corridors," a Sena senior said.

"He was intelligent and made the most of it. Pretending to be a disinterested politician, he projected himself as a scholar and a man of action, making friends in other parties, mainly among the BJP's leaders and young Turks."

A favourite with Vajpayee, Prabhu began getting top cabinet portfolios. But his growing closeness to the BJP caused heartburn in Matoshree.

Thackeray began sarcastically calling him "Alice in Wonderland" and accusing him of not looking after Maharashtra's (the Sena's) interests in Delhi. "Finally, in 2002, Balasaheb — egged on by both Raj and Uddhav — recalled Suresh from Delhi and forced him to resign from the cabinet. But Atalji made him chairman of a task force on interlinking rivers and kept him in Delhi," the Sena leader said.

"Many wanted him expelled, but a chartered accountant is the keeper of many secrets. So Suresh stayed on and was allowed to win another election."

But the distance between Prabhu and his party grew. In the 2009 polls, with hardly any support from the Sena, Prabhu lost. He became almost an absentee from the party.

The Adarsh scam of 2010 dented Prabhu's "clean" image when it became clear he had received an out-of-turn allotment of a 1,076sqft apartment. Sources close to Prabhu said he was hurt that the Sena didn't come to his defence.

He kept his equations with then Gujarat chief minister Narendra Modi going — they had been on cordial terms since Vajpayee's time.

They came closer after Prabhu called off his visit to Wharton School in protest at the B-school cancelling a keynote address by Modi last year.

"He's a climber. We all knew it was just a matter of time before he joined the BJP," the Sena source said.

http://www.telegraphindia.com/1141111/jsp/nation/story_19024777.jsp#.VGssMPmUf_I

"Meanwhile, the agency is preparing a SCN of the 27 flat owners who were found ineligible to buy a flat in the society. The SCN will be handed over to state Chief Secretary. "The list of 27 members include flats of Indian diplomat Devyani Khobragade and former Union Power Minister Suresh Prabhu," said the CBI official. Once the SCN on CBI findings is submitted, the state government can decide on the future course of action, he said. "The state can decide on whether or not to cancel their membership," said a CBI official.

Read more at: http://www.oneindia.com/india/adarsh-cbi-files-2nd-supplementary-chargesheet-preparings-1475132.html"


Published on The Asian Age (http://www.asianage.com)
Home > Metros > Mumbai > 'CBI left out four offenders'
'CBI left out four offenders'

By editor
Created 9 Aug 2014 - 00:00
In another development to the Adarsh scandal, an activist on Friday alleged before the Bombay high court that the CBI had not filed charges against four main scam beneficiaries as accused, including relatives of Ashok Chavan.

Former scribe and activist Ketan Tirodkar filed a rejoinder before the division bench of Justice P.V. Hardas and Justice Anuja Prabhudesai claiming that Bhagwati Sharma and Madan Sharma, mother-in-law and brother-in-law of Mr Chavan; Devyani Khobragade, former Indian diplomat to US and daughter of former general manager of BEST Uttam Khobragade and former Union minister Suresh Prabhu acquired flats in Adarsh by fraudulent means but they were not made the accused in the case.

He requested the judges to order the CBI to form a special investigating team (SIT) to investigate the conspiracy to save the former chief minister. He contended that the SIT should report directly to the director of CBI. The judges directed the investigating agency to file their reply in this regard within two weeks.

He told the court that all these four persons got flats at very low prices in Adarsh and the CBI had arraigned officers who helped them get these flats, but instead of making these beneficiaries the accused, the CBI had written to the chief secretary seeking action against these persons. He asked why the investigating agency did not make them the accused and named them in the chargesheet as offenders.

Mumbai Age Correspondent mumbai
Copyright © 2011 The Asian Age. All rights reserved.
Source URL: http://www.asianage.com/mumbai/cbi-left-out-four-offenders-762

Tuesday, November 18, 2014

Naresh Kamath, Hindustan Times
Mumbai, July 28, 2012
First Published: 00:51 IST(28/7/2012)
Last Updated: 00:53 IST(28/7/2012) Print
Sena's Prabhu claims he did not know status of Adarsh plot

The two-member panel set up to probe the alleged Adarsh housing society scam was on Friday told by former Union minister Suresh Prabhu, IAS officer Seema Vyas as well Omkar Tiwari, son of former urban development secretary Ramanand Tiwari, that they had not checked the status of the controversial plot before applying for membership.
While Seema Vyas deposed that her membership application form was filled by her husband Pradeep Vyas, the then collector of Mumbai, and that she took a loan from him to fund the purchase, Prabhu, who was the Union environmental minister representing the Shiv Sena at the time, said: "I did not verify the said clearances and I relied on the statements made to me by the society."

Prabhu named Adarsh promoters Kanhaiyalal Gidwani and RC Thakur as the ones who gave him the information.

When asked whether she had checked with her husband since the state revenue department was also under him, Seema Vyas said: "I never had any doubt about the status of the land, and I had discussed the proposal not just with my husband but with many friends and well-wishers. None of them raised any doubt on the status of the land," said Vyas.

Omkar Tiwari, whose father Ramanand Tiwari was arrested in the Adarsh case, said he had not spoken about the land's status with his father, who was the principal secretary of urban development department (UDD) at the time of his application in May, 2005.

"The discussion with my father was on whether I should apply for the membership, and whether I was eligible," he said, and added: "I knew the location of the land, and did not check with my father about its status."

Seema Vyas, who is currently the Commissioner of Employees State Insurance Scheme (ESIS), said: "The contents in the application form are written by my husband. Similarly, the name of the place and the date are also in my husband's handwriting."

She also revealed the financial sources to fund her purchase, which include a loan from her husband. "I took a personal short-term interest-free loan of Rs14.1 lakh from my husband," she said.

The Adarsh scam rocked the state government in late 2010 when a nexus of politicians, bureaucrats and army officials were alleged to have collided to grab apartments in the plush 31-storeyed building at Colaba.

The then chief minister, Ashok Chavan, was forced out of office when it came to light that his kin had secured membership in this society.

http://www.hindustantimes.com/StoryPage/Print/902978.aspx?s=p
© Copyright © 2013 HT Media Limited. All Rights Reserved.

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Adarsh scam: How politicians, their kin and officials became members by flouting normsThe commission said they bypassed existing norms to become a member
Sanjay Jog  |  Mumbai   January 04, 2014 Last Updated at 00:22 IST
Politicians from ruling and opposition parties, bureaucrats and professionals flouted norms to become members in the Adarsh Cooperative Housing Society (ACHS).

A two-member commission, which probed the scam, had observed in its report that of 102 members, 25 were ineligible.  It said the procedure followed by the ACHS for proposing names of beneficiaries was arbitrary and lacked transparency, giving scope for nepotism and favouritism. The Maharashtra cabinet, which was forced to review its earlier decision to reject the report, on Thursday decided to serve showcause notices to them through the Mumbai district collector and subsequently cancel their memberships.

The ineligible members include the kin of former Assembly speaker late Babasaheb Kupekar; diplomat Devyani Khobragade (in the news after her arrest in the US in connection with alleged fake visa case); former union power minister Suresh Prabhu; Sanjoy Shankaran, son of Maharashtra's former chief secretary D Shankaran; Ranjit Sangitrao, son of former bureaucrat C S Sangitrao; vice-admiral (retd) Madanjit Singh; Aditya Patil; Archana Tiwari; Dr S B Chavan; Seema Vinod Sharma; Girish Mehta; Dr Sanjay Radkar; Kailash Gidwani, an elder son of ACHS's co-promoter late Kanaiahlal Gidwani; Bhavesh Patel; Abhay Sancheti; Madanlal Sharma; Shivaji Kale; Rupali Raorane; Capt Praveenkumar; Bhagwati Sharma; Sumeela Sethi, Krishnarao Bhegede; Cdr John Mathes; Nivruti Bhosale and Dr Arun Dawle.

Babasaheb Kupekar had applied for membership in ACHS when he was owning a flat at Powai which was given to him under the chief minister's discretionary quota in 2001. Only after the authorities approved his name, Kupekar, in 2008, sought permission of the CM to allow him to sell his Powai flat. He was allowed to transfer the flat to his daughter.

The commission remarked that on the date of application  (on August 5, 2005) and also on the date when Kupekar was granted membership (May 12, 2008), he was holding the Powai flat. This fact clearly makes him ineligible.

Khobragade, the daughter of former bureaucrat Uttam Khobragade, has been blamed by the judicial commission for breach of the eligibility condition. On behalf of Devyani, her father in his affidavit filed in February 2011 before the commission, informed that the application form for her membership was filled in and signed by him. Devyani has been allotted flat no 2301 (1076 sq ft in A wing). Her father did not mention the price of the flat in any of his affidavits. Both of them have failed to state the source of money for buying flat. The balance sheet annexed to the income tax return for April 2005 to March 2006 discloses that Devyani is a well-to-do person since she owns agricultural land, flats in New Delhi, Aurangabad, Thane, Pune and huge investments. No loan was obtained by    her to buy the flat in the society.

Devyani, in her application dated August 29, 2004, said she was a member of the Meera CHS in Jogeshwari and would resign from the society after a flat was allotted in Adarsh society. The flat in Meera CHS was transferred on September 30, 2008 by Devyani to one Sidharth Basu for Rs 1.90 crore. According to the commission, Devyani's membership, though approved, was illegal.

Suresh Prabhu, Shiv Sena leader and former union power minister, had been allotted a flat of 1,076 sq ft. The commission observed he was not an A-Group government servant as per the 5th Pay Commission. After 2004, he has been a private person and did not come under "persons other than government servants". Though Prabhu was eligible to become a member of ACHS and his membership had been rightly approved by the state government, he was not entitled for a flat having more than 650 sq ft.

Seema Sharma, wife of Vinod M Sharma (brother-in-law of former CM Ashok Chavan); Madanlal Sharma (brother of Chavan's father-in-law); and late Bhagwati Sharma (mother-in-law of Chavan) got flats illegally. The trio had surrendered their flats after the scam surfaced.

Sanjoy Shankaran, a financial consultant, got a flat measuring 650 sq ft. The commission noted the monthly income of Sanjoy was, at the relevant time, more than Rs 20,000 and, therefore, was ineligible.

Ranjit Sangitrao, who had been allotted 650 sq ft flat, in his application had mentioned his occupation as a small  businessman with an income of Rs 15,550. But he did not specify whether the salary was monthly or annual. In supporting affidavit he said it was monthly income.

Ranjit had told the commission he did not own any flat in Mumbai. However, his father C S Sangitrao, a retired bureaucrat, owns a flat in Bandra and his brother Vikram in Andheri. The commission observed that the figure of income showed by Ranjit was false and correct and his actual income exceeded far more than that. Ranjit was not a government servant and fell in the category of beneficiaries who are not government servants. 

The maximum permissible limit of income for a beneficiary falling under this category is Rs 20,000 a month, but on his admission, Ranjit's income was  more than that. Therefore, he was ineligible and the membership granted to Ranjit was not proper and correct, the commision ruled.

http://www.deccanherald.com/content/375765/devyani-chavan-among-adarsh-scam.html#
Devyani, Chavan among Adarsh scam beneficiaries, says probe report
Nagpur, Dec 20, 2013 (PTI)
 Maha govt rejects Adarsh panel report indicting former CMs. PTI file image
Maharashtra government has rejected the report of the judicial commission of inquiry on the Adarsh scam it tabled in the Legislative Assembly today which indicted several politicians including three former Chief Ministers for "blatant violations" of statutory provisions.

The report of the 2-member commission headed by retired high court judge J A Patil came down heavily on those in authority describing the scam as a "bad precedent" which reflected "greed, nepotism and favouritism" by those associated with it.

The panel found 25 of the society's 102 members ineligible and 22 cases of benami purchase of flats.

The report said Adarsh society enjoyed political patronage of former Chief Ministers, Vilasrao Deshmukh, Sushil Kumar Shinde and Ashok Chavan, former Revenue Minister Shivajirao Nlengekar Patil, former Minister for Urban Development Sunil Tatkare and former Minister of Urban Development Rajesh Tope.

Ashok Chavan was the only Chief Minister charge sheeted in the scam by the CBI but Governor K Sankaranarayanan had refused sanction to the investigative agency to prosecute him a few days ago.

The beneficiaries included politicians across the spectrum and their relatives.

Those found ineligible for ownership of flats included former Maharashtra Assembly speaker Babasaheb Kupekar of NCP, senior Indian diplomat in US Devyani Khobragade, former Shiv Sena MP Suresh Prabhu and three relatives of former Chief Minister Ashok Chavan, who had to step down after the scam surfaced.

Chief Minister Prithviraj Chavan said the decision on rejection of the findings of the inquiry commission was taken by the Cabinet "in the interest of the people".
He, however, refused to elaborate on how the Cabinet's decision was in larger public interest.

The much awaited report, which was submitted to the state government on April 18 this year was tabled in the House on the last day of the Winter Session today.

The interim report was submitted to the state government on April 13, 2012 and the Action Taken Report (ATR) was tabled on the floor of the House on April 17, 2012.

"Evidence clearly indicates that it is neither ideal (Adarsh) nor role model but a bad precedent. Adarsh is a saga of ideal co-operation but it is a shameless tale of blatant violations of statutory provisions, rule and regulations," the report said.

It expressed "deep regret" over the "greed, nepotism and favouritism" involved in the scam.

"It reflects greed, nepotism and favouritism on part of people who were in one way or the other associated with Adarsh. It is sad story of unscrupulous greed of some persons closely connected with the society.

"Some persons not satisfied with the allotment of one single flat have tried and succeeded in securing flats for their nears and dear ones. They went to the extent of benami transactions in violation of provisions. That such an episode should take place in Maharashtra is a matter of deep regret," it said.

The judicial panel, however, acknowledged the state government's ownership of the land and said it did not belong to Ministry of Defence, defence personnel nor was it reserved for Kargil martyrs or war veterans.

Ashok Chavan, during whose tenure the scam surfaced, was among 13 people who were charge sheeted by CBI in connection with the case.

Chavan had challenged his inclusion in the charge sheet, saying no sanction for prosecution was taken from the Governor which was countered by CBI which argued since he was a former minister at the time of being charge-sheeted, there was no need for sanction.

The court had, however, directed the agency to get sanction for Chavan's prosecution which was denied, apparently leaving CBI with little choice but to close the case against him.

CBI had alleged in its charge sheet that Chavan had increased the floor space index of the controversial Adarsh society in return for flats for his relatives. Chavan had also asked the housing society to take 40 per cent members from civilian category, when it was originally meant only for war veterans, CBI had alleged, adding that Chavan played a key role in the scam.

Chavan's mother-in-law Bhagvati Sharma, sister-in-law Seema Sharma and father-in-law's brother Madanlal Sharma have flats in the society. All of them have been held ineligible by the judicial panel to own flats in the society.


16.              It was both the petitioner's duty and right as a citizen of this country to bring the above facts and concerns about Mr Suresh Prabhu to the attention of the President of India and Prime Minister Narendra Modi. And the petitioner takes immense pride in her stand as whistle-blower in this case where she has risked her life for her moral and ethical values and where she refused to participate in or cover up corruption and forgery by General Electric executives. It cannot be emphasized enough that the petitioner, an advocate enrolled with the Bar Council of Delhi, also complied with the professional rules of ethics prescribed by the Bar Council of India in refusing to allow her legal services to be used by a client (General Electric) to facilitate the commission of criminal offences, and illegal and unethical acts.

17.              Accordingly the petitioner was stunned when during the hearing of this matter on 20 November 2014, when this matter was specifically listed for the Petitioner to make her submissions on the issue of the grave and imminent threat to her life as she is being poisoned, the counsel purporting to represent the Railway Ministry in this matter one Mr Om Prakash launched into an aggressive tirade against the Petitioner. Om Prakash refused to permit the petitioner to address the court, and he shouted down the petitioner whenever she opened her mouth to address the court or to respond to his tirade. Om Prakash's grievance against the petitioner was that she had dared to raise questions and concerns about Mr Suresh Prabhu's suitability for a Ministerial post and his appointment as Railway Minister and according to him the court ought to prevent the petitioner from making such complaints.

18.              Unfortunately on 20 November 2014, Judge Sistani and Judge Pathak did not restrain Om Prakash from attacking the petitioner and from preventing the petitioner to speak. The petitioner had been compelled to make complaints of judicial corruption against Judge Sistani and Judge Pathak and had on 20 November 2014 filed an application seeking recusal by these Judges. Judge Sistani and Judge Pathak permitted Om Prakash to shout at the Petitioner for about one hour.

19.              As a result the following order was passed in this matter on 20 November 2014. The petitioner submits that not only was she not permitted to address the court, but she was not allowed to make her submissions on the threat to her life. Neither was she permitted to make her submissions on her request for recusal by Judges Sistani and Pathak. Judge Sistani and Judge Pathak permitted Om Prakash to make false statements that the petitioner was at fault or responsible for recusal by 26 judges in this matter and then proceeded to record this in the order. The petitioner was only able to request that the Judges record that she was denying the submissions of Om Prakash.

20.              The order dated 20 November 2014 is reproduced below:

O R D E R

20.11.2014

We may note that Mr.Om Prakash, learned counsel appearing on behalf
  of Ministry of Railways, has raised a strong objection with regard to
  circulation of emails by the petitioner concerning the Railway Minister.
  Mr.Prakash submits that the platform of the High Court is being used by
  the petitioner, which is evident upon reading of the first page of the  
  email, which refers to the present petition (W.P.(C)1280/2012), wherein she refers herself to be a whistleblower. Mr.Prakash next submits that
  the petitioner should be restrained from making such scandalous emails
  against the persons by referring to the writ petition, which is pending
  and has become infructuous (which is disputed by Ms.Sapra). Mr.Prakash
  also submits that as many as twenty six Judges have recused from hearing
  this matter for one reason or the other or on account of the emails being
  addressed by the petitioner with respect to them. Ms.Sapra submits that
  the Judges have recused not because of her but for valid reasons.

  Ms.Sapra submits that as a citizen she has the right to make a
  complaint against the Railway Minister or any other person in case there
  is evidence of corruption.

  The submissions made by Mr.Om Prakash, counsel for the
  respondent/Ministry of Railways, shall be considered on the next date of
  hearing.

  Ms.Sapra also informs the Court that she has filed an application
  in the Registry, which is likely to be listed on 24.11.2014, in which she
  has again requested this Bench to recuse from hearing this matter,
  besides the prayers of Z+ security and for safe housing, as she is a
  witness and a whistleblower.
  
  It may be noted that like all the previous orders this order has
  also been read out to Ms.Sapra in Court in the presence of other counsel.

  List on 24.11.2014.

  G.S.SISTANI, J

   A.K. PATHAK, J

21.              As a result of the order dated 20 November 2014, the Petitioner is being compelled to file the present application.

22.              As the petitioner informed the court on 20 November 2014, she has simply as a concerned citizen and as a whistle-blower in this matter made a representation to the President and Prime Minister of India that Mr Suresh Prabhu (with his background of un-investigated allegations and evidence of corruption in the Cobbler scam the Dabhol scam and the Adarsh scam; with his benami companies in the renewable energy, finance and infrastructure space; with the real likelihood that he or his son's companies have had financial or other dealings with General Electric Company and/ or its affiliates; with his role favouring General Electric Company in the Dabhol Power Plant corruption (which incidentally led to his removal from the Vajpayee cabinet's power ministry in 2002); and with existing conflict of interest issues because of his benami companies) is not the appropriate choice for Railway Minister at this juncture when General Electric Company's corrupt dealings in the Madhepura and Marhowra Rail tenders are subjudice, un-investigated and unresolved.

23.              The Petitioner is a whistle-blower and witness in the complaints of corruption, fraud, forgery, bribery, FCPA violations, illegal lobbying and tender tampering against General Electric Company in connection with the Projects and tenders for the proposed diesel locomotive factory at Marhowra and the proposed electric locomotive factory at Madhepura. The petitioner has been viciously targeted because of this since 2010. She has been and continues to be poisoned. Her left ankle/ foot has been deliberately destroyed as part of the conspiracy to eliminate her. The petitioner's life continues to be in danger as long as attempts to cover up this corruption continue.

24.              The petitioner's applications and rejoinders before the Court in this matter describe how the Railway Ministry has colluded with General Electric and has filed false and perjurious affidavits in attempts to sabotage this matter and to cover up the corruption complaints against General Electric. These false and evasive affidavits filed on behalf of the Railway Ministry have placed the petitioner's life in greater danger. The Railway Ministry should have stepped forward and acknowledged the Petitioner as a whistle-blower and ensured her protection as a witness-whistleblower. Instead the affidavits filed on behalf of the Rail Ministry have targeted the Petitioner. The Railway Ministry has attempted to mislead the Court. It has attempted to cover up the complaints made by the Petitioner. As such the petitioner has every right to voice her concerns publicly that Suresh Prabhu might have been appointed as Railway Minister under pressure from General Electric Company to further facilitate the cover-up of the petitioner's corruption complaints.

25.              It is revealing and unfortunate that alleged Railway Counsel Om Prakash has not objected to the fact that K R Radhakrishnan is impersonating as the authorised signatory of General Electric in this matter and that he has filed false affidavits and that a massive fraud on the court is being committed.  Om Prakash has never objected to the fact that I a witness and a whistleblower am being targeted, am homeless for 2 and a half years and that I have been and am being poisoned. During all hearings, Om Prakash is seen whispering and taking instructions from AZB lawyers (Nanju Ganpathy and Manpreet Lamba) who are purporting to represent General Electric Company.

26.              Om Prakash is not Suresh Prabhu's lawyer and he has no right to object to my complaints of personal corruption against Suresh Prabhu and to my representations to the President and Prime Minister that Suresh Prabhu should not have been appointed Rail Minister and that given his background it is reasonable to be concerned that he might facilitate the cover-up of General Electric corruption.

27.              I am extremely offended by how Om Prakash shouted at me in Court on 20 November 2014 because of my emails about Suresh Prabhu and how the Judges failed to rein him in or to restrain him but permitted him to shout so that I could not speak. Advocate Om Prakash must apologise to me.

28.              I do not subscribe to the mai-baap culture that Om Prakash's tirade exhibited. He stated that he had met the Director from the Railway Ministry that morning and he had received instructions to object to my emails about Suresh Prabhu.  Om Prakash repeatedly stated that my emails were against the "boss" as if I had committed blasphemy. So what? Can a citizen not question a dubious ministerial appointment?

29.              Or is it that according to Om Prakash and the Director in the Railway Ministry instructing him, only elderly men like Ram Jethmalani and Subramaniam Swamy have the right and the privilege of making representations against corruption and corrupt acts of politicians and government officers in power? Why does Om Prakash have an objection when a woman whistle-blower like me speaks up to power? Do younger women have no right to engage in political discourse and political activity? Exposing corruption is a political act. In fact, the viciousness of the retaliation against me in India is a direct consequence of my gender. It is as if a woman daring to take on powerful persons must be crushed to set an example.

30.              What does the order dated 20 November 2014 mean when it states that Om Prakash submitted that I am using the platform of the High Court? My representation against Suresh Prabhu is linked to my writ petition and to the threat to my life if the ongoing attempts to cover up my corruption complaints continue. I am fully entitled to refer to my pending writ petition in my correspondence addressed to the President and Prime Minister. I am fully entitled to identify myself as a whistleblower in such correspondence. I am fully entitled to link my concerns about Suresh Prabhu to my corruption complaints given that Suresh Prabhu is now Rail Minister and given that his appointment appears to have been influenced by General Electric Company (apparently through Mr Sharad Pawar) and was intended to oust Sadanand Gowda who was considering scrapping the impugned Madhepura and Marhowra Projects. I am fully entitled to link my representation to the writ petition that I have filed. Who is Advocate Om Prakash to object to this? How can the Railway Ministry or some Director in the Railway Ministry who is briefing Om Prakash object to my representation to the President/ Prime Minister against Suresh Prabhu's appointment?

31.              Why is Om Prakash trying to cover up my complaints against Suresh Prabhu in his personal capacity and silence me on this subject? Who is Om Prakash to describe my complaints against Suresh Prabhu as "scandalous"? Does Om Prakash hold a brief for Suresh Prabhu in the latter's personal capacity? He does not.

32.              Om Prakash should be asked to declare who in the Railway Board is giving him instructions. He mentioned a Director level officer. How is a Director level officer instructing Om Prakash in a matter of such importance?


33.              During the Court hearing on 20 November 2014, I told the court that I was not asking the court to pass orders on my complaints against Suresh Prabhu and that I had made these representations to the President and Prime Minister and that I had merely filed a copy of the representation in this matter so that the Court was kept aware of developments in the Railway Ministry regarding this matter. However given Om Prakash's attack on me which appears to be instigated by Suresh Prabhu, I am constrained to file this application and seek relief on this issue.

34.              Om Prakash is also misleading the court that this matter is infructuous. This writ petition has not become infructuous merely because the 2010 Madhepura and Marhowra tenders have been cancelled. Such statements are being made without any hearing and also without reading pending court applications and court pleadings. Arguments on merits in this matter have still to commence before J Sistani and J Pathak. I also point out that complaints of corruption in a tender by a bidder do not get washed away simply by that tender being cancelled. Especially when the corruption pointed out, continues to plague and infect the subsequent retendering process as well. The writ petition includes a prayer for blacklisting GE for corruption. Legal consequences of corruption, fraud and forgery in a tender cannot be avoided by mere cancellation of the tender and by initiation of a fresh tender where the bidder who indulged in the corrupt dealings continues to enjoy the benefits of that corruption. Yet Om Prakash would like the Court to disregard corruption complaints and evidence before it, and ignore prayers for the reliefs of blacklisting, investigation and prosecution. Neither the PMO nor the Rail Ministry have contended on affidavit that the writ petition has become infructuous.  This writ petition survives and must be decided on merits even though the 2010 tenders have been cancelled. The cancellation of the 2010 tenders was a direct result of this writ petition and provides further evidence of the corruption complaints in the writ petition. Evidence and averments on the court record establish that the cancellation of the tenders was at the instance of the very persons involved in the corruption, and was nothing but a malafide device to over-reach the court and an attempt to cover up the corruption complaints before the court and an attempt to avoid the due process of law and to avoid the adjudication of the writ petition on merits and the investigation of the corruption complaints and a malafide attempt to permit General Electric to continue to bid for the same Project despite evidence of General Electric's corruption. Om Prakash is fully aware that this matter is not infructuous and he should stop misleading the court and colluding with the lawyers who are claiming to represent General Electric without vakalatnamas. No railway affidavit has stated that this matter is infructuous.

35.              The petitioner once again reproduces the prayers in this writ petition:

"PRAYER

In light of the facts stated above the Petitioner prays that this Hon'ble Court may be pleased to:

1.         Summon the records of Respondent Nos. 2, 4 and 5 on the whistle-blower complaints made by the Petitioner and after examining the records and hearing the Respondents, issue a writ of mandamus to Respondent 4 directing that Respondent 7 be disqualified and Respondent Nos. 1, 6 and 7 be black-listed from the Diesel and Electric Locomotive Tenders (Global RFQ No. 2010/ ME (Proj)/ 4/ Marhoura/RFQ and RFQ No. 2010/ Elect. (Dev0 440/1(1)).

2.         Issue writs of mandamus to Respondent Nos. 2, 4 and 5 directing them to respond to and act upon the said whistle-blower complaints in accordance with law.

3.         Direct that Respondent No. 2 inquire into the commission of criminal offences (including forgery, bribery and public corruption) arising out of the Petitioner's whistle-blower complaints  and direct prosecution of GE employees and government officials and public servants found involved and complicit.

4.         Enforce and protect the right to life of the Petitioner and direct that the Petitioner be provided full protection and safety and be immediately relocated to a safe house."

36.              Om Prakash's shocking attack on me during the court hearing of 20 November 2014 only serves to lend credence to my complaints and apprehensions regarding Suresh Prabhu and his appointment as Rail Minister.

37.              It is a matter of public interest that the Government of India (through the PMO, respondent 5 herein) ascertain and declare if there is any conflict of interest regarding Suresh Prabhu and the Madhepura and Marhowra Projects and tenders? Have Suresh Prabhu, his son or their companies had any dealings (financial or otherwise) with General Electric Company and/or its affiliates?  Have Suresh Prabhu's extra-curricular activities at the global level and in the renewable energy policy sphere ever been directly or indirectly funded by General Electric Company and/ or its affiliates? Have Suresh Prabhu's extra-curricular activities at the global level and in the renewable energy policy sphere ever been directly or indirectly funded by the United States government which has also lobbied for the Marhowra and Madheoura Projects on behalf of General Electric Company?

38.              Has Mr Suresh Prabhu been made aware of this writ petition and of the evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects that is on record?

39.              The petitioner points out that one Nihar Ranjan Dash might be the Director in the Railway Ministry instructing Om Prakash. Mr Nihar Ranjan Dash is too junior an officer to deal with this matter. Plus he appears to be part of the electric engineering directorate and not a part of the Railway Board.

40.              It is shocking that Suresh Prabhu misused a junior officer in the rail ministry (Nihar Ranjan Dash) to ask Om Prakash to protest against my representation against Suresh Prabhu. Who is Nihar Ranjan Dash to object to this representation? What legal authority does he have to do this? Such mai-baap culture of corruption and cover-up must end.

41.              Prime Minister Narendra Modi must give serious consideration to my representations about the unsuitability of Suresh Prabhu for a government position. Prime Minister Narendra Modi must also ensure that no one including Suresh Prabhu helps cover up my complaints of corruption, fraud, forgery, bribery, FCPA violations and illegal lobbying against General Electric and Montek Singh Ahluwalia in connection with the Madhepura and Marhowra Projects and tenders and that these complaints are investigated and prosecuted in accordance with law.

42.              This application is being made in the interest of justice.

43.              This application relies upon the entire court record of Writ Petition Civil 1280/2012 and also on the petitioner's complaints being emailed to authorities including to the Registrar General of the High Court.

44.              Copies of Suresh Prabhu's cv and his wife Uma Prabhu's CV are annexed hereto as Annexure P-1.

45.              It is pointed out that the previous scam-afflicted UPA Government under former PM Dr Manmohan Singh and his close aide Montek Singh Ahluwalia were not only complicit in the corruption that is the subject matter of this petition, but were master-minding the coverup of these complaints and the sabotage of this writ petition and the elimination of the petitioner-whistleblower-witness. Now that the NDA government led by Prime Minister Narendra Modi is in power, and given that the election mandate to this government was to act against corruption, it is necessary that Prime Minister Narendra Modi intervene in this matter and personally ensure that the attempted cover-up of these corruption complaints by the Railway Ministry be stopped and that fresh affidavits be filed by the Railway Ministry which are truthful, and responsive and where the Railway Ministry faithfully discharges its obligation o this Court to ascertain the true and complete facts regarding the Petitioner's corruption complaints against General Electric and Montek Singh Ahluwalia.

46.              Advocate Om Prakash was brought into this matter by the previous UPA regime to cover up its own and General Electric's corruption. He has failed to assist the court properly. The new NDA government must remove Om Prakash as counsel for Railway Ministry (respondent 4) in this matter and must appoint a proper counsel who properly assists the court, who is respectful to the petitioner-whstleblower and who gives correct advice to his client and whose agenda is not to facilitate the cover-up of the corruption complaints and the sabotage of this petition. Mr Sanjay Jain ASG is supposed to represent the PMO (respondent 5) and respondent 4 (Railway Ministry) in this matter but for some reason he has failed to appear in this matter on a single date since his appointment. Earlier his predecessor Mr Rajiv Mehra appeared for respondents 4 and 5.

47.              It is important for Prime Minister Narendra Modi to recognise the influence of General Electric Company and the illegal nexus of Indian politicians it harbours. Please see the petitioner's email dated 15 October 2014 below titled


---------- Forwarded message ----------
From: Seema Sapra <seema.sapra@googlemail.com>
Date: Wed, Oct 15, 2014 at 9:50 PM
Subject: Some more truths about General Electric corruption in India from General Electric Company whistleblower - Seema Sapra - Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others in the Delhi High Court
To: pmosb <pmosb@gov.in>, Amit Shah <amitshah.bjp@gmail.com>, sanjayjain.chamber@gmail.com, director@aiims.ac.in, lggc.delhi@nic.in, "rg.dhc@nic.in" <rg.dhc@nic.in>, Bhim Sain Bassi <cp.bsbassi@nic.in>, joe.kaeser@siemens.com, dch@nic.in, secypc@nic.in, "splcp-vigilance-dl@nic.in" <splcp-vigilance-dl@nic.in>, "splcp-crime-dl@nic.in" <splcp-crime-dl@nic.in>, jtcp-cr-dl@nic.in, "jtcp-nr-dl@nic.in" <jtcp-nr-dl@nic.in>, jtcp-ser-dl@nic.in, jtcp-swr-dl@nic.in, "jtcp-phq-dl@nic.in" <jtcp-phq-dl@nic.in>, jtcp-ga-dl@nic.in, "jtcpt_dtp@nic.in" <jtcpt_dtp@nic.in>, "jtcp-crime-dl@nic.in" <jtcp-crime-dl@nic.in>, jtcp-splcell-dl@nic.in, jtcp-sec-dl@nic.in, "jcpsec@rb.nic.in" <jcpsec@rb.nic.in>, "addlcp-eow-dl@nic.in" <addlcp-eow-dl@nic.in>, jtcp-vigilance-dl@nic.in, jtcp-sb-dl@nic.in, addlcp-crime-dl@nic.in, "addlcpt-dtp@nic.in" <addlcpt-dtp@nic.in>, "addlcp-caw-dl@nic.in" <addlcp-caw-dl@nic.in>, "addlcp-security-dl@nic.in" <addlcp-security-dl@nic.in>, dcp-west-dl@nic.in, addlcp-se-dl@nic.in, "dcp-southwest-dl@nic.in" <dcp-southwest-dl@nic.in>, "dcp-crime-dl@nic.in" <dcp-crime-dl@nic.in>, dcp-eow-dl@nic.in, dcp-splcell-dl@nic.in, dcp-east-dl@nic.in, dcp-northeast-dl@nic.in, "dcp-central-dl@nic.in" <dcp-central-dl@nic.in>, dcp-north-dl@nic.in, dcp-northwest-dl@nic.in, "dcp-south-dl@nic.in" <dcp-south-dl@nic.in>, dcp-outer-dl@nic.in, "dcp-newdelhi-dl@nic.in" <dcp-newdelhi-dl@nic.in>, "dcp-pcr-dl@nic.in" <dcp-pcr-dl@nic.in>, "dcp-southeast-dl@nic.in" <dcp-southeast-dl@nic.in>, dcp-vigilance-dl@nic.in, "joanne.brozovich@emdiesels.com" <joanne.brozovich@emdiesels.com>, "sho-tilakmarg-dl@nic.in" <sho-tilakmarg-dl@nic.in>, "sho-tuglakrd-dl@nic.in" <sho-tuglakrd-dl@nic.in>, "addl-dcp2-nd-dl@nic.in" <addl-dcp2-nd-dl@nic.in>, "acp-vivekvhr-dl@nic.in" <acp-vivekvhr-dl@nic.in>, "sho-vivekvhr-dl@nic.in" <sho-vivekvhr-dl@nic.in>, "sho-hndin-dl@nic.in" <sho-hndin-dl@nic.in>, "banmali.agrawala@ge.com" <banmali.agrawala@ge.com>, "cmukund@mukundcherukuri.com" <cmukund@mukundcherukuri.com>, "ranji@duaassociates.com" <ranji@duaassociates.com>, rajshekhar rao <rao.rajshekhar@gmail.com>, "vikram@duaassociates.com" <vikram@duaassociates.com>, "sec-jus@gov.in" <sec-jus@gov.in>, "pk.malhotra@nic.in" <pk.malhotra@nic.in>, "ramakrishnan.r@nic.in" <ramakrishnan.r@nic.in>, "jmg.vc@nic.in" <jmg.vc@nic.in>, "cvc@nic.in" <cvc@nic.in>, "hm@nic.in" <hm@nic.in>, "hshso@nic.in" <hshso@nic.in>, "complaintcell-ncw@nic.in" <complaintcell-ncw@nic.in>, "sgnhrc@nic.in" <sgnhrc@nic.in>, "dg-nhrc@nic.in" <dg-nhrc@nic.in>, "newhaven@ic.fbi.gov" <newhaven@ic.fbi.gov>, "ny1@ic.fbi.gov" <ny1@ic.fbi.gov>, "usanys.wpcomp@usdoj.gov" <usanys.wpcomp@usdoj.gov>, "nalin.jain@ge.com" <nalin.jain@ge.com>, "helpline@eda.admin.ch" <helpline@eda.admin.ch>, _EDA-Vertretung-New-Delhi <ndh.vertretung@eda.admin.ch>, _EDA-VISA New-Delhi <ndh.visa@eda.admin.ch>, _EDA-Etat Civil New Delhi <ndh.etatcivil@eda.admin.ch>, "vertretung@ndh.rep.admin.ch" <vertretung@ndh.rep.admin.ch>, "beatrice.latteier@eda.admin.ch" <beatrice.latteier@eda.admin.ch>, "emb@rusembassy.in" <emb@rusembassy.in>, indconru indconru <indconru@gmail.com>, "web.newdelhi@fco.gov.uk" <web.newdelhi@fco.gov.uk>, "conqry.newdelhi@fco.gov.uk" <conqry.newdelhi@fco.gov.uk>, "LegalisationEnquiries@fco.gov.uk" <LegalisationEnquiries@fco.gov.uk>, "delegation-india@eeas.europa.eu" <delegation-india@eeas.europa.eu>, "re-india.commerce@international.gc.ca" <re-india.commerce@international.gc.ca>, "info@new-delhi.diplo.de" <info@new-delhi.diplo.de>, Ambassaden New Delhi <ambassaden.new-delhi@foreign.ministry.se>, "delamb@um.dk" <delamb@um.dk>, "emb.newdelhi@mfa.no" <emb.newdelhi@mfa.no>, "chinaemb_in@mfa.gov.cn" <chinaemb_in@mfa.gov.cn>, "InfoDesk@ohchr.org" <InfoDesk@ohchr.org>, "Press-Info@ohchr.org" <Press-Info@ohchr.org>, "civilsociety@ohchr.org" <civilsociety@ohchr.org>, "nationalinstitutions@ohchr.org" <nationalinstitutions@ohchr.org>, "webmaster@ambafrance-in.org" <webmaster@ambafrance-in.org>, "info_visa_delhi@ambafrance-in.org" 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Cc: gurmeharsistani@gmail.com, Seema Sapra <seema.sapra@gmail.com>, Seema Sapra <seemasapra@hotmail.com>


Prime Minister Narendra Modi and All others,

I have added some content to some more truths about General Electric corruption in India. Meanwhile toxic chemicals have been released into my current accommodation through the day today and this evening. I am being poisoned as part of ongoing attempts to eliminate me.

Please read below an interview by former GE India head Scott Bayman in 2007, who it has now emerged was acting as GE India head for 14 years in violation of Indian law. 

This interview and other material in the public domain raises several issues.

Interestingly Scott Bayman fled India when the Income Tax dept started investigating Permanent Establishment rule violations & Tax fraud by GE in India. Read about the Tax fraud by GE in India under Scott Bayman who fled India as a result  http://seemasapra.blogspot.in/2014/10/fwd-message-to-prime-minister-narendra.html

The corrupt links between GE, DLF, Montek, Sam Pitroda and the Congress Party run long and deep. So GE's Scott Bayman's closest adviser & friend in India was DLFs KP Singh who was simultaneously a fraudster as now established by the SEBI order banning DLF, KP Singh & cronies from the capital markets for IPO related fraud which KP Singh was engaged in contemporaneous to his association with Scott Bayman.  See http://firstbiz.firstpost.com/corporate/housewives-of-dlf-how-the-spouse-factor-led-to-sebi-crackdown-104724.html

GE's Scott Bayman in 2007 on KP Singh "He remains my informal advisor, confidante and mentor,"

Bayman also admits that GE lobbied for Boeing to get AirIndia orders which then bankrupted & destroyed AirIndia. He also admits that he "was working equally hard to bag the Indian Air Force order for 128 fighter jets for American firms."

(Note see http://www.vijayvaani.com/ArticleDisplay.aspx?aid=3361 "One, have you heard of a Company that makes a financial commitment of Rs 55,000 crore for purchase of 111 aircraft on an equity base of Rs 145 crore and carry-forward losses of Rs 776 crore -- (Indian Airlines loss of Rs 957 crore less Air India profit reserves Rs 181 crs) as on March 31, 2006? ... Two, since loan funds were used to fund purchase of aircraft, was it confirmed that expected revenue and profits would enable timely repayment of debt! If there was indeed such a confirmation, the projections and underlying assumptions should be published to start a public debate.") - These were the AirIndia aircraft purchase orders that GE, Boeing and the US gov extracted from the UPA government.

Also read http://www.livemint.com/Home-Page/7ChDN1veCw60rEYtVhszoL/Air-India8217s-Boeing-buy-forced-CAG.html "Prashant Bhushan, a Supreme Court lawyer, who is pursuing a public interest litigation seeking a court-monitored investigation into the deal, said: "Clearly this needs investigation. Prima facie it's a thoroughly corrupt case as big as the 2G scam, involving huge kickbacks, politicians and bureaucrats. Here is a case where Air India, which was flying below capacity, was forced to buy aircraft, which were probably not required, at an exorbitant rate. We will press for a court -monitored investigation by the Central Bureau of Investigation (CBI)."

The report of the Comptroller and Auditor General of India criticizing these AirIndia orders on Boeing and GE can be read at http://saiindia.gov.in/english/home/our_products/audit_report/government_wise/union_audit/recent_reports/union_performance/2011_2012/Civil_%20Performance_Audits/Report_18/chap3.pdf
These orders were clearly a result of corrupt dealings where bribes would have been paid by Boeing or GE or both.

Bayman is also proud of the fact that GE " was able to get back almost the entire $115 million it had invested" in the Dabhol project. Ratnagiri Power the rechristened Dabhol power project is still lying in the Doldrums, not operational, losing money, an unfeasible project that was the result of GE corruption involving Manmohan Singh, Montek Singh Ahluwalia, N K P Salve and Sharad Pawar among others. The CIA was involved in getting this deal through as well. The Indian government under Prime Minister Narendra Modi should consider declaring the Dabhol Power Plant as a museum to corruption.

The NDA government with Arun Jaitley as law minister and Soli Sorabjee as Attorney General also failed to protect national interest in the Enron litigation and enabled GE to recover all of its money invested in Dabhol, while Indian government Banks, and PSUs were financially bled. In Maharashtra, former Attorney General Goolam Vahanvati ensured that the States's interest was not protected.

A law firm eventually renamed AZB Partners emerged as a result of Soli Sorabjee's corrupt dealings with General Electric in Dabhol. This firm was formed by Sorabjee's daughter Zia Mody tying up with Behram Vakil who was already involved in the Dabhol Project (from inception). GE became a marquee client of AZB ensuring large assured revenues. Vahanvati's son Goolamhussein Essaji Vahanvati joined the party at AZB later.

Note the conflict of interest issue here. Soli J Sorabjee was supposed to be safeguarding Indian governmental interests in the Dabhol litigation, while his daughter Zia Mody with Behram Vakil were representing potential buyers of Dabhol (first Tata then BP). These potential buys failed, and instead GE and Bechtel ended up buying the Enron stake in Dabhol at a discount and then selling it to the Government of India at a profit. Sometime during this process GE become a client of Zia Mody & Behram Vakil.

(Note: See http://www.firstpost.com/india/a-g-goolam-vahanvatis-son-in-law-fined-by-uk-regulator-1114503.html which states "The Delhi-based daily Millenium Post on 11 September quoted Dasgupta's three-page letter to the Prime Minister which alleged that Vahanvati had illegally maintained a foreign bank account in the Union Bank of Switzerland at its Singapore branch since 1997. The letter also provided details of the account number, secret code name and number and details of the beneficiary of the foreign bank account that was allegedly in the name of Vahanvati. The MP asked the Prime Minister to enquire and verify the information he had provided".  Was this a bribe from GE/ Enron to Mr Vahanvati?

This firspost reports also states this about Mr Goolam Vahanvati's son in law: "Incidentally, the name of Carrimjee, who is at the centre of this web of four alleged market manipulators, features in a list of holders of accounts in tax havens that was published earlier this year by the International Centre of Investigative Journalists. A search of the database of the Centre shows that Carrimjee operates an offshore company called Fast Tycoon Limited with a banking link in the British Virgin Islands.) Also read http://www.outlookindia.com/printarticle.aspx?288473

Chidambaram/ Montek Singh Ahluwalia/ Manmohan Singh / UPA later negotiated a maintenance contract for Dabhol with GE, which has again only enriched GE, while the power plant being unfeasible has floundered. Vahanvati was Solicitor General /Attorney General at this time.



Seema Sapra

Scott Bayman's interview

The man behind GE's India success
May 29, 2007 14:26 IST

As he prepares to leave the business he set up 14 years ago, GE's India head reflects on his hits and misses and shares his plans to return soon.
India was nowhere on Scott Bayman's radar screen. Having worked with General Electric for six years in the United States, he had indicated some time in 1993 that he would be game for an overseas stint, hoping to spend some time in Paris, London or Brussels. Instead, Jack Welch sent him to India for three years. Bayman stayed on for 14 years and will be retiring from the company at the end of this month.
"Jack had great instincts," says Bayman, dressed in a red T-shirt and looking relaxed. The bliss of a coming holiday is unmistakable in the body language. We are at San Gimignano at The Imperial in the capital. We had earlier agreed to meet at Daniell's Tavern over some spicy Indian food. But when I called to book a table, I was told the restaurant opened only for dinner. So Bayman settled for Italian fare.
Jack Welch first came to India in the late-1980s at the invitation of Kushal Pal Singh of DLF, who took him to meet Rajiv Gandhi, Sam Pitroda and Montek Singh Ahluwalia. He was impressed with what he saw, especially taken in by the skills of Indians. That is when he decided to invest in India. It was for Bayman to build a business from scratch in a country about which he knew nothing.
Help came from friends like Singh. "He remains my informal advisor, confidante and mentor," says Bayman, sipping a red wine of 1983 vintage. The dozen-odd GE companies operating in the country will end the year with a turnover of $2.8 billion.
Bayman admits that GE's business in India has picked up only in the last three-four years, before which it was stagnating at around $500 million per annum. By 2010, GE hopes its India business to improve to $8 billion - 16 per cent of the projected turnover of $50 billion from the emerging markets.
Be that as it may, I remind Bayman that at least one of his plans for India never took off - to have a bank in the country. Bayman says talks are still going on with the Reserve Bank of India. I leave it at that. On his part, Bayman ranks the failure of GE's joint venture with the Godrej family, Godrej GE Appliances, as his biggest failure in India.
"It was our mistake. While everybody in business knew about GE, the consumers didn't know the GE brand. The cost of building the brand didn't make sense. Our products were not suited for India," Bayman says. As he launches on his lettuce salad, the words of a common friend start ringing in my ears: "He is not a bullshitter and talks straight."
"It was the saddest day of my career," Bayman adds. What must have hurt more is that before coming to India, Bayman was in-charge for worldwide marketing and product management at GE Appliances.
On the positive side, Bayman can take credit for starting the BPO movement in the country with Genpact (now Gecis) in 1997. "At that time, unemployment in the United States was zero. And we also got savings by starting operations in India," Bayman says, adding: "Had there been a BPO industry in India at that time, we wouldn't have started the company."
GE subsequently sold 60 per cent in the venture to private equity investors once it realised it wasn't its core business. "It is good we sold to private equity; that way, the company has been able to preserve the GE culture," he says. When I ask him the obvious question, Bayman admits that he did have several offers from Indian businessmen to buy out the BPO outfit.
Bayman's biggest achievement in India, observers say, was to extricate GE from the Dabhol mess. GE had got the contract to supply turbines for Enron's ill-fated Dabhol project and had, therefore, taken a 10 per cent stake in the company. Once Enron imploded, GE's investments were in danger. But Bayman was able to get the money back, though after two years.
"This couldn't have happened in another country, we wouldn't have got a penny back," says Bayman, having moved on to a salami pizza, while I negotiate a baked fillet of fish served with mashed potatoes. GE, he adds, was able to get back almost the entire $115 million it had invested in the project.
Having come out of Dabhol unscathed, Bayman's reputation in the capital's power circles as an expert in government relations grew manifold. "Jack Welch sold India to the world. GE has been a good friend of India in Washington during tough times," he says.
When I ask him to elaborate, he adds: "After the nuclear tests, we worked to get some sanctions against India lifted. We talked with Senators and Congressmen for the inclusion of India in the nuclear club. I am as much an insider as any expat."
He lobbied successfully for Boeing to bag the multi-billion order for passenger aircraft from Air-India - GE makes the engines - and was working equally hard to bag the Indian Air Force order for 128 fighter jets for American firms.
Naturally, Indian companies want Bayman on their board. He has already joined the Crompton Greaves board and says he has a few more offers. "I will come to India four to five times every year to attend board meetings and play golf with my friends," he says.
I next draw Bayman's attention to GE CEO Jeff Immelt's recent statement that after GE Plastic's divestment to Sabic, no other business would be sold. Jack Welch had laid down the rule that GE should get out of any business in which it was not number one or number two. So, is "Neutron" Jack's imprint on GE over?
"We are less hung up about number one and number two now," Bayman says, adding: "What matters is that we are in businesses and countries that will provide double digit growth in the long run."
And India is one of these countries. It is evident that India has left a deep impression on him - his eyes light up whenever he talks about the country and its people. "The sights and smells are boggling," he says, adding: "In contrast, the United States is generic and vanilla." Bayman has been spotted in crowded Delhi markets like Lajpat Nagar selecting curtains for his home.
When he first came to India, Bayman says he found India to be self-centric. Now, he finds the country more outward looking. "But the core values of family and compassion are still there in the people," he says.
Still, Bayman leaves for the United States next month, where he will alternate between Chicago and Florida. "Go where the sun is: Chicago in summer and Florida in the winters," he lets out his retirement plans.
Both of us decide to skip dessert.
Photograph: Raveendran/AFP/Getty Images
Bhupesh Bhandari
Source:




The ongoing whistleblower corruption against General Electric Company in India (Writ Petition (Civil) 1280/ 2012 – in the matter of Seema Sapra v. General Electric Company and Others) is next listed before the Delhi High Court on 10 November 2014.

Details of GE corruption in Indian Railway locomotive tenders can be found at http://seemasapra.blogspot.in/p/some-of-corruption-fraud-bribery_4275.html

The full case record can be found at http://seemasapra.blogspot.in/2014/09/fwd-seema-sapra-general-electric_22.html

Also read about how as part of attempted cover up GE is using unauthorised persons to impersonate it in the Delhi High Court in this matter http://seemasapra.blogspot.in/p/unauthorised-and-fraudulent.html

Also read about massive tax fraud by General Electric in India - http://seemasapra.blogspot.in/2014/10/fwd-message-to-prime-minister-narendra.html

Also read about General Electric's money laundering and how it used an NBCU subsidiary to transfer bribes through an India media company NDTV at http://seemasapra.blogspot.in/p/complaint-of-money-laundering-against.html





PRAYER

It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:
(a)                Direct the Government of India through the PMO (respondent 5 herein) to ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  to ascertain and declare any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and to ascertain and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects;
(b)               Direct the Government of India through the PMO (respondent 5 herein) to ensure that Suresh Prabhu as Railway Minister does not act unlawfully in connection with the Marhowra and Madhepura locomotive factory Projects and that no attempt is made to cover up the complaints of corruption, fraud, forgery, bribery, FCPA violations, tender manipulation, and illegal lobbying that are pending against General Electric Company in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura;
(c)                Direct Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister;
(d)               Issue notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections;
(e)                Direct the Railway Ministry to replace advocate Om Prakash with a lawyer who will not facilitate the cover-up of the corruption complaints against General Electric and who will not collude withGgeneral Electric Company's alleged lawyers to sabotage this writ petition;
(f)                Direct that ASG Sanjay Jain who has been instructed to appear in this matter for respondents 4 and 5 (Railway Ministry and the PMO) start assisting the Hon'ble Court and not skip court hearings;
(g)               Pass such other and further orders as this Hon'ble Court may deem fit and proper.





Place: New Delhi                                            Petitioner in Person
26 November 2014                                         Seema Sapra
Rendered homeless since May 30, 2012 as
a result of corruption complaints against
General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless




In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
C. M. Appl. No.          of 2014
In
Writ Petition No. 1280 of 2012


IN THE MATTER OF:
Seema Sapra                                                                            …Petitioner
versus

General Electric Co. and Others                                             ….Respondents


AFFIDAVIT

I, Seema Sapra, daughter of Late Shri A. R. Sapra, aged 43 years, previously resident of G 4, first floor, Jangpura Extension, New Delhi 110014 and rendered homeless on 30 May 2012 (because of and as a result of the whistleblower complaints of corruption, forgery, bribery, fraud and illegal activities made against General Electric, Montek Singh Ahluwalia, Planning Commission, Railway Ministry and Ministry of Finance and as a result of the whistleblower corruption petition (W.P. (C ) 1280/ 2012) and because of my complaints of sexual harassment against Mr Soli J Sorabjee and Mr Raian Karanjawala) in contempt of this Hon'ble Court's order dated May 25, 2012 and presently homeless do hereby solemnly affirm and state as under:

1.         I am the Petitioner in the present Petition and am well aware of the facts of the case and am competent to file the present affidavit.

2.         I state that the accompanying application under Section 151, Civil Procedure Code seeking directions that the Government of India through the PMO (respondent 5 herein) ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects; and directions to Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister; and for issuance of notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections; (along with affidavit) has been drafted by me and the facts stated therein are true and correct to my knowledge and nothing material has been concealed there-from and that all annexures to the application are true copies of their respective originals.


DEPONENT



VERIFICATION


Verified at New Delhi on this 26th day of November 2014 that the contents of the above affidavit are true and correct to my knowledge and that nothing material has been concealed therefrom.
                                                                                               


DEPONENT  






In the Hon'ble High Court of Delhi at New Delhi
Civil Writ Jurisdiction
C.M. Appl. No.         of 2014
In
Writ Petition No. 1280 of 2012


IN THE MATTER OF:

Seema Sapra                                                                            …Petitioner
versus

General Electric Co. and Others                                             ….Respondents

INDEX

No.
Particulars
Page
1
Urgent Application
1
2
Court Fees
2
3
Application under Section 151, Civil Procedure Code seeking directions that the Government of India through the PMO (respondent 5 herein) ascertain and declare the conflict of interest if any regarding Suresh Prabhu and this writ petition and/ or the Madhepura and Marhowra Projects and tenders;  any dealings (financial or otherwise) between Suresh Prabhu, his son or their companies and General Electric Company and/or its affiliates; and declare whether Mr Suresh Prabhu has been made aware of this writ petition and of the full evidence of corruption, fraud, forgery, bribery and illegal lobbying concerning the tenders for the Madhepura and Marhowra Projects; and directions to Advocate Om Prakash to disclose who instructed him to oppose the Petitioner's representations to the President and Prime Minister against Suresh Prabhu's appointment as Rail Minister; and for issuance of notice of criminal contempt to Advocate Om Prakash for obstruction of court proceedings on 20 November 2014 when he prevented the petitioner from addressing the court by shouting at her and by shouting her down with the specific intent to prevent her from addressing the court and to prevent her from responding to his invalid objections; (along with affidavit)
3-66
4
Annexure P-1 – True copies of Suresh Prabhu's cv and his wife Uma Prabhu's CV
67-80


Place: New Delhi                                            Petitioner in Person
26 November 2014                                         Seema Sapra
                                                                       
Rendered homeless since May 30, 2012 as a result of corruption complaints against General Electric and as a result of this whistleblower corruption petition (W.P. (C) 1280/ 2012) and presently homeless
9582716748
seema.sapra@gmail.com

Note: All 17 respondents have been served with an advance copy of this application by email dated 26 November 2014
All the prayers are inter-connected and flow from each other. Please list the application before court as it is. 


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