Tuesday, October 28, 2014

SWISS ARMY KNIVES

by Harish Gupta, National Editor, Lokmat Group

After being a sandbag and facing blows from the Congress and, notably, a troublesome ideological ally like lawyer Ram Jethmalani, for allegedly pussy-footing to disclose the names of Indians with unaccounted wealth in foreign banks, the Narendra Modi government is finally ready to take the gloves off. From a well-timed TV interview of Finance Minister Arun Jaitley, it seems obvious that the government has completed the process of framing charges against about 15-18 persons whose names were passed on to it by the Swiss banking authorities as part of the so-called “HSBC Geneva list”. The UPA government apparently used India’s Double Taxation Avoidance Agreement (DTAA) with 84 countries as a shield against public disclosure of the names, as the agreement forbids it. Inscrutably, the previous regime hardly ever paid attention to a provision in the DTAA that allows the veil of silence to be lifted for depositors already charged in an Indian court. From the Finance Minister’s statement, it seems likely that the government will submit the list to the Supreme Court today. And that may take the fig leaf off some of the dignitaries of the past regime, if not the big fishes. Jaitley has significantly reminded his critics in the Congress that the disclosure may be “embarrassing” for the party.


The parade of names may be even longer as it adds the 19 names that German authorities obtained through a covert operation from LGT, the biggest bank of the Alpine principality of Liechtenstein. Its monarch is the bank’s leading stakeholder. The Germans handed over to the Indian authorities the list of Indian names believing that the recipient government would go at them hammer and tongs. But the Indian authorities didn’t proceed an inch in investigating the account holders. The Congress’ “embarrassment” that Jaitley has hinted at is a serious issue for the grand old party which is facing electoral decimation of a degree it experienced never before. In addition, if the name of any of its senior leaders props up, it will redouble the humiliation. Former Finance Minister P. Chadambaram seems really panic-stricken. Though he holds no post of any consequence in the Congress party, and is not given to speak out of his turn, he is suddenly full of pious entreaty for party president Sonia Gandhi to show a robust interest in party affairs. It seems that the big guns of the Congress sorely need the party’s protection at this hour.

The “HSBC Geneva list” above is sifted from the 782 Indian names that came from Switzerland in 2011. That was in the wake of intense pressure on the Swiss banks from Western governments, notably the US, to lift the veil of secrecy on their accounts following the 9/11 terror attacks in America, and the subsequent discovery of the terror groups’ intricate funding channels. Throughout the second half of 2011, the then opposition party BJP cried hoarse for the government to disclose the names, but to no avail. The UPA Government finally came up next year with a White Paper containing a statement from the Swiss Government that the total deposits of Indian in its banks as of December 2010 was only $2.1 billion—an amount which was only a few hundredth part of the guesstimates of several expert organizations, notably Global Financial Integrity (GFI) of the US, which calculated the present value India’s illicit outflow from 1948 to 2008 as $ 462 billion.

Therefore, with the banks of Switzerland being the traditional lodestone of black money worldwide, the amount claimed by the Swiss (and unquestioningly exhibited by the UPA Government in a White Paper) as Indians’ share in its vaults was chicken feed. Meanwhile, in 2009, Jethmalani and others had filed a writ petition before  the Supreme Court seeking the court’s direction to recover the black money stashed abroad. Vexed by the UPA government’s systematic non-cooperation, the court decided to form its own Special Investigation Team (SIT) into Indian black money abroad. The UPA government, surprisingly, challenged this order through an interlocutory application. The matter, which went before a two-judge bench, got a split verdict and is waiting to be referred to a third judge. But before the issue could be settled, Modi government set up the SIT as desired by the SC on its own. Even the UPA had blinked under the court and had handed over to the Supreme Court 26 names of Indian account holders in the Liechtenstein bank. Now that the NDA would file the chargesheet in most of the cases, the names can be legally disclosed.

Modi needs to
sanitize the entire
economy with a large broom.


The excitement over imminent disclosure of VIP names in the illegal foreign account scandal will rightly grab the headlines. But it is only a small side bar in the larger picture of corruption which, according to some estimates, is about a fourth of the GDP. So pervasive is the popular anger against corruption, particularly in public life, that almost every election is decided on the incumbent being seen as corrupt. Besides, the network of corruption stretches from the very big to the ordinary, from a billion-dollar defense purchase to the allotment of small government flat to a Chief Minister’s favorite. Till the 2G telecom spectrum and coal block allocation scams in the recent years, there was not even much public awareness about how and why (in exchange of what) are natural resources allocated by elected governments. Even now, the auctioning of resources is neither complete nor perfect and transparency is sadly lacking in most sectors of governance. Post 9/11, the US government introduced the Patriot Act which made it mandatory for any transaction by an American, or with an American, beyond a threshold figure to be instantly reported to the law enforcement agencies. Where is such a law in India? In its absence, it is impossible for the Indian authorities to monitor where, and by whom, are monies being deposited abroad. Further, India’s two big political parties, BJP and Congress, reportedly spend many times over their declared incomes. This being a reality, is it realistic to expect them to go a long way in bringing to book those who might be their own largest donors?

If some big shots are caught with their ill-gotten cash in foreign banks, they surely deserve to be punished. But to fight corruption, it is the entire economy that needs to be sanitized. That needs a really large broom.

(The author is 
National Editor, 
Lokmat group)