Modi frees ‘Babus” from shackles protects Ministers, CMs,MPs, MLAs from probe

• Wants decision-making accelerated
• Many riders attached 

Harish Gupta, National Editor, Lokmat Group

New Delhi, Sep 3

In order to protect the serving and retired bureaucrats and top ranking persons, the Modi government has provided a sh

ield to protect them from harassment in future. This has been done to expedite the process of decision making which has been hurting the government’s growth path.

In a latest order issued tonight by the Modi government, all Union Ministers, Ministers of State, MPs, Chief Ministers, MLAs, CMDs of PSUs and top officers of the government at the Centre and states have been given unprecedented protection.

In a detailed order by the Department of Personnel & Training no 428/07/2021-AVD IV(B), directed the states and probe agencies to ensure that no officer less than the rank of the Director-General of Police or equivalent shall inquire into the complaints of allegations against top ranking persons in the executive.

The standard operating procedure (SOP) is a new norm where inquiry will be conducted by different ranks of Police Officers against different ranks of public servants. For example, additional DG level officers alone would personally hold inquiry, investigation or enquiry into; complaints and list them specifically before going ahead with the issues against public servants of level 14 & 15 and Board level PSU directors of the state and the Central governments.

Similarly, categories have been created for every rank and the power of police inspector has been curtailed in terms of initiating a probe directly.

The 8-page long circular is aimed at generating confidence among the Babus who are scared of the CBI, CVC and state governments launching probes against them either during their tenure of service or after retirement. These Public Servants don't make decisions on files and await orders from the political bosses who in terms push files to the Prime Minister’s Office or the Chief Minister’s Office.

Fly on the wall July 22 |Secret of Modi-Pawar bonhomie

by Harish Gupta, National Editor, Lokmat Group

Secret of Modi-Pawar bonhomie

What is the secret behind PM Modi-Sharad Pawar continuing bonhomie? Not many are aware that it goes back to the UPA era when Modi was facing the ire of Central agencies during the UPA era and Congress Party’s ‘hawks’ were seeking Modi’s custodial interrogation. Sharad Pawar is reported to have opposed it at the highest level in the government any such move on the ground that political battles be better fought in electoral arena rather than through agencies. Modi did face CBI’s grilling but the UPA did not go to the extent of arresting him. Modi also got one relief after the other from courts. This apart, the personal rapport also developed when Gujarat cadre IAS officer P K Mishra had been promoted to the rank of Secretary at the Centre but no Union Minister was willing to take him in his ministry. It was at this juncture that Modi reported to have called up Pawar to help Mishra as he was holding many portfolios. Pawar got Mishra appointed as Agriculture Secretary under him in 2006. Modi also used to consult Pawar on many issues from time to time. Therefore, political deal or not, both have perfect rapport and mutual respect.

The Clock ticks after 27 years

There is a long list of politicians, officers and journalists paying the price for being dirty with Modi during the Gujarat riots. The latest in the series is R B Sreekumar who was Add. DGP Gujarat Police and led a unit when riots broke out in Godhara. He retired in 2007 and the CBI may book him anytime. But this action has nothing to do with Gujarat. The CBI has re-opened a probe in falsely implicating ISRO scientist Nambi Narayanan and others way back in November 1994 in Kerala. Sreekumar was Deputy Director, Intelligence Bureau, Kerala then. It was on the basis of his “top secret” report that the Kerala Police arrested Nambi, two Maldivian women and others in the infamous “ISRO Spy Ring". Nambi Narayanan was ISRO's rising star and working on critical cryogenic technology. Though CBI gave Nambi a clean chit in December 1994 itself and filed a closure report acquitting all. The SC upheld the closure report terming it malicious and based on "notions of fancy". Nambi was given a compensation of Rs 1.9 crore from various agencies including the Kerala government in 2018. But Sreekumar escaped any penalty and the case has now been re-opened by the CBI after SC’s special permission for Sreekumar for his dubious fake IB report which caused immense damage. The CBI may not have re-opened Sreekumar's case 27 years later had he not committed the hara-kiri in Godhara. He ostensibly filed a false affidavit and statements before the Nanavati-Mehta Commission and J M Lyngdoh committee about the dubious role of law and order authorities under Modi. The SC, however, found all such claims to be false. But the ghost of ISRO case is now haunting Sreekumar as the CBI may act any time.

Hidden Talent of Ashwini Vaishnav

Many theories are doing the rounds as to why Modi developed a fancy for Ashwini Vaishnav to the extent that he telephoned BJD chief & Odisha CM Naveen Patnaik for a Rajya Sabha seat for Ashwini Vaishnav. The BJD could have won all three RS seats but spared one for BJP in 2019. What was Modi's connection with Vaishnav? One theory is that Vaishnav gave vital tips to Modi when he was working in the PMO under Vajpayee as deputy secretary in 2003. But insiders discount this saying Vaishnav had no access to Vajpayee at any point of time. Even when he was attached with Vajpayee as his PS as per protocol given to ex-PMs, he was not ex-PM’s Man-Friday. Within two years, he moved to Goa as deputy chairman of Mormugao Port Trust, went on study leave to Wharton in 2008 and finally quit IAS in 2010 to join an MNC. He landed in Gujarat in 2012 as an entrepreneur and came in contact with Modi again. It is said that Modi was looking for a pool of bright boys like Vaishnav who have multiple experiences. Vaishnav knew Gujarati fluently, an Odia, risked quitting IAS and knew P K Mishra who also hailed from Odisha. Mishra and Vaishnav have caste connections too. Modi found virtues in Vaishnav and he worked as Modi’s backroom boy in his 2014 War Room like many such high-skilled persons. But Vaishnav certainly had more hidden talent to reach where he is today.

Bank frauds treble in 2020, Amount touches Rs 67000 crores

Delhi oust Mumbai in Bank frauds during Lockdowns 

Harish Gupta, National Editor, Lokmat Group

New Delhi, Jan 11

If you thought lockdowns and restrictions during most of the 2020 due to Covid pandemic prevented financial frauds, you may be in for a shock.

A report by the CBI for year 2020 says bank fraud cases more than doubled compared to 2019 from 91 to 196 during 2020. The bank frauds accounted for the maximum number of cases in the CBI- 196 out of 543 total FIRs registered during 2020.

The amount in bank frauds in 2020 was equally mind-boggling at Rs 67,319.40 crore compared to Rs 19,830.14 crore in 2019.

Interestingly, Delhi upstaged Mumbai in bank frauds during 2020. While over 50 bank fraud cases were registered by the CBI, nearly 30 were instituted in Mumbai, apart from some others in Pune and Nagpur and Chennai unit registered 17, Gujarat’s Gandhinagar 16 cases.

Of the total amount of frauds in cases registered by the CBI, Rs 53,379.38 crore (79.29 per cent) were in 27 FIRs only each one with over Rs 500 crore. In 47 cases amounts were between Rs 100- Rs 500 crore, amounting to Rs 9,423.78 crore (13.99 per cent).

The bank fraud cases accounted for over 3% of all cases during 2017 and these started rising jumping to 36 per cent in 2020.

Some of the biggest and noteworthy fraud cases from last year include the massive Yes Bank, DHFL, RKW Developers and Avantha Group, the Surana Corporation and group companies, TDP leader Rayapati Sambasiva Rao-linked Transstroy's Rs 7,926.01 crore alleged fraud and Educomp Solutions' Rs 1,995 crore cases.

Asthana may be CBI Chief! Fly on the Wall

by Harish Gupta, National Editor, Lokmat Group

Asthana may be CBI Chief! 

The three months long Rhea Chakraborty saga may finally come to an end after the Narcotics Control Bureau (NCB) doused the political fire in Bihar by arresting her. The graph of Rakesh Asthana, DG, NCB has jumped manifold in the eyes of political masters in Delhi. Asthana has succeeded where CBI Director R K Shukla and Enforcement Director Sanjay Kumar Mishra failed in the task even after 50 hours of grilling running for weeks together. A top ED officer who specially flew down from Delhi to Mumbai and part of the extensive grilling told his bosses: Sorry Sir! Not an iota of evidence.” Thus, the NCB stepped in. This column had said last week itself that NCB will arrest Rhea. Insiders tell us that Asthana’s prospects of becoming new CBI chief have brightened when Shukla retires early next year. Asthana had been extremely unhappy ever since he was shunted out from the CBI last year.

Click here to Read complete article here

Sonia offensive, Dissidents defensive 

The 23 dissident Congress leaders are running for a cover after raising a banner of revolt against the Gandhis. Instead of buckling under the pressure, Congress’ interim president Sonia Gandhi has gone on the offensive. If she shocked dissidents by appointing Rahul loyalists in key parliamentary panels, she humiliated a few by dropping them from UP committees. As if this was not enough, Akhilesh Prasad Singh, Rajya Sabha MP and Bihar Campaign Committee chief was dropped from the powerful Bihar Election Committee. If sources are to be believed, the G-23 is a house divided with Mukul Wasnik, Manish Tewari and Shashi Tharoor singing different tunes. Tewari went public recently saying the letter’s drafting could have been better. Obviously, it’s a dig at Anand Sharma who drafted the letter. Tharoor is buying peace as BJP has no strong presence in Kerala while Mukul Wasnik has his own reasons for backtracking. Prithviraj Chavan who owed his rise to the post of Maharashtra Chief Minister to Sonia Gandhi, has gone into hiding after raising a banner of revolt.

Whispers galore over Amit Shah

Union Home Minister Amit Shah is back at his Krishna Menon Marg residence and recouping after suffering from Covid and fatigue. Being Prime Minister Modi’s Man Friday, Shah has been batting from the front foot. But for the past some time, he has been away from public glare.

The Fly learns that he is fully active and clearing files at a faster pace though avoiding attending office. The gossip mongers in Lutyen’s Delhi have all kinds of tails like Amit Shah being upset for not being invited to the Ram Janmabhoomi foundation stone laying ceremony, appointment of C R Patil as Gujrat BJP chief etc. etc. Insiders assert there is no truth as the equation between the PM-HM remains strong. The PM inquired about his health on a daily basis since August 2 when he was admitted to Medanta and visited him after he returned from AIIMS. These sources say, “Modi-Shah relationship is like that of Ram and Hanuman and no power on Earth can separate them.”

Selling Air India Herculean Task

India’s flagship Air India is first on the block among the 26 PSUs to be sold before March 31 next year. While there are many takers for BPCL and others, selling Air India is turning out to be a Herculean task for the Civil Aviation Minister Hardeep Singh Puri. It transpires that the House of TATAs is somewhat disinclined. The TATAs already operate Air Asia & Vistara and CEO N Chandrasekaran is reluctant to put in this kind of money in the aviation business. However, two gulf nations have shown interest riding on the back of cordial relations with PM Modi. The government is keen to mop up at least two lakh crores from the PSU sale during 2020-21 to bridge 8% Budget deficit.

Govt. worried over Tax Terrorism now

by Harish Gupta, National Editor, Lokmat Group

Govt. worried over Tax Terrorism now

Amending act, to Check probe agencies 

Harish Gupta

New Delhi, Oct 28

Realizing that anti-corruption agencies are causing immense damage to the business climate in the country in their zeal, the government has finally woken up to check them.

If the Corporate Affairs Ministry is contemplating to amend certain key clauses governing companies Act itself, all large bank fraud cases above Rs 50 crores are being examined afresh by a reconstituted Board with more powers. The board will examine, before an FIR is filed with the police, CBI or any other agency by the concerned bank, whether the case is fit enough for criminal intent and investigation.

There is virtual climate of fear among the bank manager to managing directors onward not to sanction loans and play safe. The bureaucracy is also wanting clear cut orders either from the top or from the committee of secretaries before taking decisions. Invariably, the matters are delayed, dragged and buried as no one wants to invite the wrath of the probe agencies later.

Several international companies of repute including the manufacturers of Rafale have cautioned the Indian government about the large scale registration of criminal cases of every financial act by various agencies.

There are as many as dozen agencies which are going after financial frauds in one way or the other. Its not merely the CBI or Enforcement Directorate (ED), but the CBDT & CBEC have also acquired criminal powers to prosecute now and issue look out notice against businessmen for tax evasion. Then there is Fraudulent Bankruptcy under the Banking Regulation Act, Illegal Foreign Trade and Directorate of Revenue Intelligence, Black Money Act, Company Frauds under the MRTPC Act, Information Technology Act for Online Frauds, and host of others.

Now the government want to ally the apprehensions of the Indian and foreign companies who want to set up shop in a big way particularly after tax concessions, that it wants to keep these agencies in check. This can't be done through oral orders. Therefore, systems are being put in place beginning with amending the corporate affairs act so that SFIO & other agencies do not run amok.

The advisory board will conduct the first level of examination in all major fraud cases before recommendations or references are made to investigative agencies such as the CBI, ED and others.

All cases involving officers of General Manager and above in respect of an allegation above ₹50 crore will have to now be referred to the board.

CVC Sharad Kumar told Lokmat that the advisory board will go a long way in achieving its objective to find a distinction between frauds and genuine business decisions.

Ends 

CBI did not handle PC's arrest with "finesse"

by Harish Gupta, National Editor, Lokmat Group

CBI did not handle PC's arrest with "finesse"

Veteran CBI officials surprised

Harish Gupta 

New Delhi, Aug 21 

The CBI neither showed maturity nor "finesse" in handling the arrest of former Home & finance Minister P Chidambaram after the day-long drama from his Jor Bagh residence tonight.

P Chidambaram had already reached at his residence after addressing the press conference at the AICC at 8 pm and obviously waited for the CBI team to land up there to hand-over the arrest warrants or detention. Within an hour, three dozen CBI officers landed there without realising that Jor Bagh has narrow lanes particularly where Chidambaram's house is located. Hundreds of media persons and congress workers had already surrounded the 115A house. The CBI team found it extremely difficult to even reach at the gate and make the guard open the door. the guard was scared to even open the door as massive crowds were there. 

The CBI men jumped the wall and great difficulty in understanding the situation. The local police was not called to help out the crowd management. M L Sharma, special Director CBI said there was no "finesse" in agency's handling of the arresting a person like P Chidambaram. He said that the senior officials should have assessed the situation and handled with some maturity. This does not put anybody in good light.

He also blamed Chidambaram for not behaving with finesse either as he was there to surrender.  Another former top CBI official also said that it had never happened in the history of the CBI that a person of such a stature allegedly  involved in a corruption case has been handled like this. There was no need for such a high-drama from either side. But CBI should have done better preparations. It shows very poorly on handling sensitive issues.

Even the way former CBI director Alok Verma was raided midnight in his office and residence was avoidable.

Its Quirk Of Fate, Past returns to Haunt Chidambaram

by Harish Gupta, National Editor, Lokmat Group

Its Quirk Of Fate, Past returns to Haunt Chidambaram

PC had put Shah behind bars in 2010

Harish Gupta

New Delhi, Aug 21

It seems the past has returned to haunt former Union Home Minister P Chidambaram and life has come full circle for him.

He may have been smiling on July 25, 2010 when Amit Shah was arrested by the CBI in Gandhinagar in the Sohrabuddin Sheikh fake encounter case in Gandhinagar. Shah who was a Minister of State for Home under the Narendra Modi government in Gujrat, was desperately wanted by the CBI. But he chose to elude the agency for four days then and the same media haunted him. Finally, Amit Shah decided to surrender after resigning from the Modi government following a charge sheet being filed against him. He was produced before Additional Chief Metropolitan Magistrate A Y Dave. Surprisingly, the CBI did not press for custody of Shah, who has been charged with murder, extortion, kidnapping and five other sections under IPC for the killing of Sohrabuddin and his wife Kausar Bi in 2005. He was remanded by the magistrate in judicial custody for 13 days till August 7 and taken to Sabarmati jail in Ahmedabad.

"I have full faith in the judiciary and I am sure the allegations against me will be cleared by the courts," Shah had said immediately prior to his arrest. Shah had also claimed that he was innocent and said that charges against him were "fabricated, politically motivated and were on the instruction of Congress government" and demanded that his entire questioning by the CBI should be video-graphed.

But none of his pleas were heard as the UPA regime in North Block under P Chidambaram was determined to send him to jail and went after Modi then.

As the luck would have it, Shah kept getting one relief after the other from the courts .

Now the life has come full circle. Today, Amit Shah is occupying the same seat in North Block's Home Minister's office which was once held by Chidambaram.

Today, Chidambaram is eluding arrest from the enforcement agencies and knocking at the doors of the courts for one relief or the other.

It nothing but a quirk of fate that nine years later personalities are same but roles have been reversed. Today Chidambaram is facing the music and Shah must be smiling. Interestingly, none of the cases in which Chidambaram is wanted, relate to Shah's ministry.

All is not well in the CBI Nageshwar Rao falls from grace, Dumped as DG, Home Guards,

by Harish Gupta, National Editor, Lokmat Group

All is not well in the CBI

Nageshwar Rao falls from grace, Dumped as DG, Home Guards,

Post down-graded, shunted out of CBI, 

Harish Gupta

New Delhi, July 6

All is not well in the country's premier investigation agency, the CBI. The manner in which BJP's blue-eyed boy and additional director M Nageshwar Rao was sent packing to the dumping yard as DG, Fire Services, Civil Defence & Home Guards does not augur well in the CBI. Though Alok Verma was unceremoniously shunted out of the CBI as its Director last year and his bete noir Rakesh Asthana was also sent packing, situation contiunues to be precarious. The new Director R K Shukla wasn't able to function effectively either due to reported pin-pricking by second in command M. Nageshwar Rao.

Interestingly, this post has been a dumping ground of all unfavourable officers ever since it was created in 1962. Rao's predecessor Alok Verma was also transferred to this post. But he refused to join. However, in the case of Rao, the post was down-graded as he had not been promoted to the DG rank. Rao will retire in July next year.

It may be mentioned that Rao had a controversial career path with several complaints of financial irregularities, influencing investigations etc against him. It is learnt that two complaints were received in the CBI against him raising serious doubts about impartial functioning. It was also alleged that he had closed inquiries against a number of IRS officers including those whose names figured in diaries of Shilong-based CA Sanjay Bhandari. Though no substantial evidence was found, the government deemed it fit to play safe and transfer him.

As the interim CBI chief, Rao had reshuffled and transferred over 20 CBI officers, including Joint Director Arun Kumar Sharma, who had been supervising the probe into a sexual abuse case at a shelter home in Bihar’s Muzaffarpur, an investigation that was being closely monitored by the Supreme Court. On February 7 this year, taking note of Sharma’s transfer without its approval, the Supreme Court started contempt proceedings against Rao. Later, R K Shukla was brought in. But Rao continued to be under the scanner and finally, he was sent packing as DG Home Guards.

Ends

Its a double whammy in CBI,

by Harish Gupta, National Editor, Lokmat Group

Its a double whammy in CBI,

CVC fails to pick Director of Prosecution

Fresh applications invites

Harish Gupta

New Delhi, Jan. 14

After the Central Vigilance Commission (CVC) failed to select a new Director of Prosecution (DoP) and sent back the panel of four to the government, the Centre has sought fresh nominations from different ministries.

Highly placed sources say that as O P Verma, DoP in the CBI was to retire on December 24, the CVC had sought names for the impalement and accordingly four names were short-listed for the post. The names were sent to the CVC long before the crisis between Alok Verma and Rakesh Asthana surfaced in October last year.

But serious differences arose within the government and the CVC over the new DoP and in the meanwhile, one of the four aspirants retired forcing the CVC to call for fresh names. Accordingly, the Centre has now issued a notification asking for names from ministries to send names expeditiously to fill vacant post of the Director of Prosecution in the Central Bureau of Investigation (CBI).

The Director of Prosecution is a crucial post in the federal probe agency. The incumbent, who works under the supervision and control of the CBI Director, renders legal opinion in all the cases probed by the agency, the officials said. The Personnel Ministry has written to secretaries of all government departments for names of eligible and willing officers, not below the rank of Joint Secretary and eligible for appointment as Special Public Prosecutor, they said.

The Department of Personnel has issued a notification today seeking names by January 25 so that "an expeditious decision can be taken for filling the post of Director of Prosecution in CBI".

It is for the first time that the CBI is working without its regular chief and the Director of Prosecution, the officials said.

Ends

Alarmed Govt ask agencies to probe illegal ‘phone-tapping’ by CBI

by Harish Gupta, National Editor, Lokmat Group

Special report

Alarmed Govt ask agencies to probe illegal ‘phone-tapping’ by CBI

Alok Verma case hearing in SC tomorrow  

Harish Gupta

New Delhi, Dec 4

Disturbed by reports that illegal “phone-tapping” was the norm rather than exception, the government has asked the intelligence agencies to probe into matter and submit a report at the earliest.

It emerged during an internal probe undertaken by the Central Vigilance Commission (CVC) and also by startling allegations made by CBI's own DIG in his petition before that Supreme Court that phone-tapping had been unleashed in the country's premier investigation agency. It touched its worst during the infighting between now exiled CBI director Alok Verma and his deputy Rakesh Asthana.

It may be mentioned that the CBI has its own mechanism to tap the telephones in cases of urgency and it takes post-fecto approval. The government is keen to find out if the infighting led to the free use of this facility granted to the CBI to tap the telephones of criminals nd individuals involved in the corruption.

It emerged that the CBI officials tapped the mobile and landline phones of their own officers, affiliates and several private individuals including politicians without taking prior permission of the Union Home Secretary.

The government is worried about the consequences of the “illegal phone tapping” saga in the event of CBI director himself going “rogue”. In fact, this is the plea that the government is virtually taking in the supreme court against Alok Verma. It is arguing that the Almighty CBI Director had turned rogue and refusing to even answer queries from the CVC or any other authority. He was tapping telephones at will and misusing his authority.

The case will come up for a hearing in the Supreme Court tomorrow. What looked like a simple case of government misuse of its authority in sending Alok Verma on forced leave, the whole thing has turned murkier and the Supreme Court is also struggling hard to deliver justice in the case. The CJI's comment that the CVC's report is uncomplimentary in some cases, goes against Alok Verma.

But what made government more worried was the disclosure in CBI DIG Manish Kumar Sinha who gave details of phone tapping. It clearly emerged that calls of officials and individuals are being tapped without required permission. In some cases, the identity of the person concern was kept hidden though it was known that whose phone is being tapped. This was done largely because if the name or the identity of the person was revealed, the technical surveillance unit would have raised objection.

So much so that the telephone of CBI's own Special Director Rakesh Asthana and RAW official were tapped without taking prior permission.   The Supreme Court is also struggling to find a way out to deal with the case of Manish Kumar Sinha,CBI's DIG and handed over the case to Fali S Nariman to guide the court.

This shows the complexity of the murky affairs in the CBI's case. It may be mentioned that the SC will go on vacation from December 14 and reopen on January 2.

Ends 

Moin Qureshi case fall out

by Harish Gupta, National Editor, Lokmat Group

Exclusive report

Moin Qureshi case fall out

Govt seeks pay offs to top CBI officials from abroad

Harish Gupta

New Delhi, Nov 28

The government is seeking specific information from various countries including Dubai (UAE), Singapore, Hong Kong, UK and other world destinations whether huge payments have been made to certain officials.

The government has specific information, based on investigations done by its agencies including Income Tax that controversial meat exporter Moin Qureshi had paid crores of rupees through hawala operator Sathish Babu Sana and Sukesh Gupta of Hyderabad.

These payments have been made through hawala channels over a period of six years since the days when A P Singh was CBI director. Singh was asked by the Modi government last year to step down from the UPSC as inquiries are on against him. Even his successor Ranjit Sinha is also under the scanner. Now the allegations of huge pay off s surfaced against exiled CBI director Alok Verma and his deputy Rakesh Asthana. Alarmed by series of bribery allegations against the directors of the anti-corruption watch dog, the government has decided to play tough. It decided to send

Letters Rogetory (LRs) to several countries containing names of at least 10 officials who served the government or retired. These sources refused to confirm the names of these officials mentioned in the LR s. None of them was willing to say whether the name of exiled director of CBI figures in the LR. But they confide that the Modi government is determined to cleanse the CBI and other such probe agencies with a heavy hand now.

It has emerged that Sathish Babu Sana was the conduit of channeling the illegal gratification on behalf of Moin Qureshi and channelised extorted money on his behalf. The Prasad brothers in Dubai were also part of this operation. Qureshi & his family members held several bank accounts in various countries. The agencies have given a list of 55 foreign bank accounts into which proceeds of crime were found transferred in seven countries. These were in the US France, UK, Hong Kong, Singapore, Italy and the UAE. .

Qureshi has been extorting and obtaining illegal money from various persons for getting their work done through public servants, said a source in the CBI.

Ends 

CBI's Director of Prosecution appointment in Limbo

by Harish Gupta, National Editor, Lokmat Group

Special report

CBI's Director of Prosecution appointment in Limbo

Harish Gupta

New Delhi, Nov 23

With the uncertainty over the fate of the CBI director continuing, the functioning of its vital prosecution wing has also been hit hard. The appointment of a full time Director of Prosecution (DoP) has been held up despite the government advertising for the post months ago. The government was forced to extend the tenure of the retiring Director of Prosecution, O P Verma for two months in the wake of dog fight between exiled CBI director Alok Verma & his deputy Rakesh Asthana.

The tenure of O P Verma, Director of Prosecution, was to end on October 23, 2018 after two years' tenure. But due to infighting, the appointment of a new DoP got delayed.

The government issued a special corrigendum to extend his tenure. Even he came into the controversy as reports said that Alok Verma sent the IRCTC case file to DoP instead of giving permission to arrest the suspects. The matter is under the probe.

The delay in the appointment of full time Director of Prosecution has also hampered legal work in the agency as he is under the administrative control of the probe agency's Director. Though the Central Vigilance Commission and a Parliamentary panel had recommended that the DoP should be independent of the Director CBI. The panel had suggested in December last year that the post of DoP in CBI should be of the rank and status of the Director CBI in order to ensure its independent functioning.

The Central Vigilance Commission (CVC) had stated that it would be prudent to set up an independent Director of Prosecution rather than DoP working under the Director CBI.

But Modi government bestowed all powers to the CBI director and rejected the suggestions.

The Department of Personnel and Training (DoPT) had issued new rules for recruitment to the post under which civil servants, meeting eligibility criteria, working in various ministries, may also apply for the post. "An officer not below the rank of Joint Secretary to the Government of India are eligible to apply. The government has sought names from all ministries/departments to provide the names of the eligible and willing officers for the post. Advocates who practiced for not less than ten years as a Special Public Prosecutor, are also eligible.

The government delayed the full time appointment of the new DoP as it was wanting the Director of CBI Alok Verma to retire on February 1.

ends

CVC grilled Sana for 8 hours in Bribery case

by Harish Gupta, National Editor, Lokmat Group

Special report

CVC grilled Sana for 8 hours in Bribery case

Hyderabad business Sana allegedly paid bribes to CBI officers

Harish Gupta

New Delhi, Nov 14

The Central Vigilance Commission (CVC) grilled Hyderabad businessman Sathish Babu Sana for more than eight hours, a key player in the Verma-Asthana feud in CBI,

The 8-hour grilling, spread over for two days, was held under the supervision of Justice A K Patnaik at the CVC headquarters. The CVC wanted to get at the bottom of the truth as Special Director Rakesh Asthana had alleged that he paid Rs 2 crores to CBI Director. Alok Verma countered it saying that Sana paid bribed to Rakesh Asthana.

Highly placed sources say that prima facie, the CVC report found no significant evidence against Verma. The CVC report raised some questions that require a separate and detailed probe and wanted more time to complete the probe.

The CVC felt that Sana was using one CBI officer against the other to wriggle out of the Moin Qureish case in which he was a conduit in hawala operation.

Asthana was the officer incharge in the Moin Qureshi case. Verma alleged that Asthana was extorting money from Sana since the very beginning. Later, Sana complained to Verma of extortion which led to registration of FIR against Asthana.

The CVC grilled Alok Verma for two days, Rakesh Asthana once and other officers who were dealing with the Moin Qureshi case. The CVC probe also focused on IRCTC Hotel case of Lalu Prasad Yadav and cattle smuggling case involving a senior BSF officer caught with unaccounted for cash in Kerala.

When Justice Patnaik asked Verma why Satish Babu Sana, was not booked under charges of giving bribe, he said the amended provisions of Prevention of Corruption Act gave protection if a person is forced to give bribe. The protection is available if he reports the extortion within seven days. Verma explained that though Sana had started paying bribe in December last year, giving bribe became an offense only in July 2018. Since Sana paid another bribe through Hawala and reported it to the CBI within seven days, action was taken.

Asthana had alleged that Sana paid Rs 2 crores to Verma on October 1, 2018 and signed the confessional statement on October 4, 2018.

But in a strange twist, Sana switched sides and made a counter allegation that he paid bribes to Asthana. Verma registered an FIR against Asthana and others for allegedly taking more than Rs 3 crores to scuttle probe against him. The money was paid over a 10-month period -- starting from December 2017.

ends

RAW Chief told PM: Sir, better we shut down ! We are exposed by CBI in Public

Dragging RAW sealed Verma’s fate 

by Harish Gupta, National Editor, Lokmat Group

Dragging Research & Analysis Wing (RAW), country’s premier external intelligence agency, in the turf war dug CBI Director Alok Verma’s grave on the early hours of October 23. It transpires that an angry RAW chief Anil Dhasmana rushed to the Prime Minister on Sunday - October 21 and told him “Our entire operation system in Dubai has been exposed. We have been exposed by our own agency, our men are in danger ! How can we function ?” As if this was not enough Dhasmana who is a very cool, calm and composed officer, went to the extent of saying, “Sir, if this goes on its better we shut down the RAW.” Dhasmana told the PM that Samant Kumar Goel who is number two in the RAW, was once Dubai’s RAW'sstation director in Dubai. He also told that Mahesh Prasad and Somesh Prasad are the sons of former RAW top officer. He was once head of RAW operations in Dubai. Mahesh Prasad is an Investment banker while Somesh Prasad runs his own company. Both brothers used to help RAW whenever needed and provide vital information. They were in touch with  Samant Kumar Goel who  was RAW’s operations head in Dubai once.

Angry Doval told Verma to quit, not PM  

The Prime Minister was seething with anger with Alok Verma after Anil Dhasmana complained and gave details of what's happening. The PM summoned Alok Verma the same day – Sunday October 21 and heard his side of the story. However, it was clear that the PM was unhappy. But he refrained from telling him to quit. He curtly told Verma to meet Ajit Doval. It was National security Adviser Ajit Doval who told Verma to put in his papers. Doval had a long meeting with Verma during which he told Verma that he had badly let him down. “I brought you into the CBI and you did it (referring to dragging RAW's name). He also took him to task for naming Samant Kumar Goel in the FIR against Rakesh Asthana. Though Goel was not named as an accused or as a witness, still the FIR named him. Though thegovernment was upset with Alok Verma for the past many months for declaring an open war against Asthana. It was Verma who wrote a letter against Asthana way back in October 2017 to the CVC leveling allegations of corruption. The feud continued for throughout the year between the two officers and the agency was a divided house and government shut its eyes hoping that Verma will retire on February 1, 2019 without doing any damage to the institution. But Verma, humiliated by his junior all through, booked him in the corruption case and lodged an FIR against him on October 15, 2018. Even then the government was not unduly worried. But Verma's fate was sealed the moment he made RAW’s number 2  Goel's name public in the Asthana case.

Verma sacked for defying Doval

When Ajit Doval told Verma on October 21 evening to send resignation, he said he would send it and got up to leave. A sharp former IB chief who is now most powerful man in the PMO, told him to send the resignation on the email and also by fax immediately. But instead of going to office Verma went home. It transpires that Verma did not send the email until midnight. Doval expected that he will send the resignation by Monday after reaching office on October 22. But Verma didn't. When Doval called him over the mobile phone, Verma didn't take his call either. It was at this moment that decision to sack the “rouge” Director was taken by the PM after consulting Doval. The CVC was told to complete the process of inquiry the same day. The inquiry against Verma was already going on after Cabinet Secretary wrote to the CVC to look into the allegations against him. It can now be told that the CVC office remained oopen until 11.30 pm and eight page report was sent back to the Cabinet Secretary who was also waiting in his office. Cabinet Secretary P K Sinha consulted the Secretary, Personnel Dr C Chandramouli, Secretary Home Rajiv Gauba were in toe. A recommendation of action was sent to the Principal secretary to the PM, Nripendra Mishra who was also sitting in the office. P K Mishra was also there and PM was also awake. It took almost two hours to complete the process and sack order to Verma was sent at 2 am in the morning. 

Verma VS Asthana saga

by Harish Gupta, National Editor, Lokmat Group

Verma VS Asthana saga

Mystery behind Missing seven Mobile phones

Harish Gupta

New Delhi, Nov. 1

The ugly battle between exiled CBI director Alok Verma and number 2 Rakesh Asthana took a new turn as seven mobile phones crucial to the probe have mysteriously vanished into thin air.

These seven mobile phones were confiscated from the office and residential premises of Devender Kumar, Deputy SP in the CBI, in raids by a special CBI team on October 22.

There was shock and disbelief in the CBI when the news of the recovery of such a large number of mobile phones from a DSP rank officer came to light. Inquiries revealed that Devender Kumar was the most trusted Investigating Officer of Asthana and was handling all sensitive cases. It is said that while one phone was dedicated for talks with Asthana, the other was international operations, third for CBI's official work, fourth for the family and others for being in touch with others.

Highly placed sources in the CBI say that Devender Kumar's telephones were under surveillance by the CBI's technical unit under Alok Verma after a case of bribery was registered against him and others on October 15-16. The CBI also obtained the Call Detail Records (CDRs) of all the telephones used by Devender Kumar and recorded certain sensitive information which may have some serious political ramifications in the days to come. The Verma faction in the CBI is disinclined to share details of tapping of phones of Devender Kumar, Asthana and others by his technical unit at this stage. It is said that Verma faction will disclose more details in the weeks to come.

A clue came yesterday when the CBI told the court that it had recovered only one mobile phone and not eight. This led to protests from Devender Kumar who pleaded that other telephones be returned as well. The CBI said it had seized only one mobile telephone. When Devender Kumar was arrested on October 22, CBI said that it had seized eight mobile phones, one laptop, electric items and documents etc.

ends

"Asthana Apna Aadmi Hai”

by Harish Gupta, National Editor, Lokmat Group

"Asthana Apna Aadmi Hai”

Taped conversations blow the lid off in CBI

Harish Gupta

New Delhi, Oct. 30

"Asthana Apna Aadmi Hai” this is how Somesh Prasad, a Dubai-based businessman told his father-in-law who had gone to collect money from Satish Babu Sana. The money was to be paid to the CBI' special Director Rakesh Asthana as Sana was facing CBI cases and wanted the help of the agency to dilute the same. The father-in-law who is a prominent Delhi lawyer was somewhat scared. But Somesh Prasad told him not to worry as “Asthana is our man”.

One of the WhatsApp messages found in January 2018 in these telephone intercepts says “he can't take panga (Mess ) with them”. The messages were exchanged between the two brothers and Somesh was impressing that Sana should not take “Panga” with Asthana.

None of the players realized that someone in the CBI was listening to this telephonic conversation. Somesh Prasad was sitting in Dubai and monitoring the entire payment plan and his brother Mahesh Prasad was camping in Delhi to complete the deal. Hyderabad-based businessman knew d Prasad brothers as he had businesses in Dubai too. Sana had sought their help to get out of the CBI cases and Prasad brothers were using their clout in the agency.

But they had no clue that their telephone conversations are being tapped Asthana's rival and CBI director Alok Verma. Verma had deputed A K Bassi, head of the anti-corruption unit of the CBI, to investigate the link between Sana and Prasad brothers and he tumbled upon this conversations.

The lid was blown off in the Supreme Court today when Bassi appealed against his transfer to Andaman and Nicobar Islands on October 24. He said this was "malafide and derails a sensitive probe" and added that allegations against Asthana are "grave". He also produced evidence in support of his statement before the apex court. AK Bassi has submitted in court details of WhatsApp messages and calls that he alleges prove Mr Asthana took bribe from a businessman, Sathish Sana, who wanted to be spared CBI summons in an investigation. He further sought an urgent hearing on his plea against the transfer on November 2. The top court said it will look into it.

Though Bassi did not share the evidence, it transpires that phone conversation tapes between Somesh Prasad and Asthana, Asthana's phone conversations with Mahesh Prasad and couple of other players are part of it.

The time-line of phone conversations between Asthana and RAW's number two Sumant Kumar Goel has also been submitted.

The leaking of these conversations and time-line of phone tapes are aimed at exposing how the CBI's number two was involved in taking bribes from Hyderababd businessman Satish Babu Sana through Mahesh Prasad. Sathish Sana has said in a statement to the court that Rakesh Asthana demanded a bribe of Rs. 5 crore from him. More dirt will come out in the days to come from the closet of CBI as war is taking a turn for the worse.

Ends 

Dragging RAW sealed Verma’s fate

by Harish Gupta, National Editor, Lokmat Group

Dragging RAW sealed Verma’s fate 

RAW Chief told PM: Sir, better we shut down ! We are exposed by our own agency

Harish Gupta

New Delhi, Oct 28

Dragging Research & Analysis Wing (RAW), country’s premier external intelligence agency, in the turf war dug CBI Director Alok Verma’s grave on the early hours of Tuesday last.

Highly placed sources say that the Prime Minister was seething with anger with Alok Verma after he exposed RAW’s secret operations in Dubai to settle scores with his Special Director Rakesh Asthana.

No doubt, the government was upset with Verma for the past many months for declaring an open war with  Asthana and even registered an FIR against him.

But his fate was sealed the moment he made RAW’s number 2  Sumant Kumar Goel's name public  in the Asthana case . All hell broke in the top echelon of the Modi government as Sumant Kumar Goel is a highly rated officer. He is in the line of being made RAW chief after current chief retires in December. Verma named Goel in the FIR though not as an accused. An angry RAW chief Anil Dhasmana rushed to the Prime Minister on Sunday -October 21 and told him “Sir its better we shut down the RAW. Our entire operations in Dubai have been exposed by our own agency, our men are in danger ! How can we deliver?”  Dhasmana told the PM that Sumant Kumar Goel was once Dubai’s RAW head. He also told that Mahesh Prasad and Somesh Prasad are the sons of former RAW Director R R Prasad. He was once head of RAW operations in Dubai. Mahesh Prasad is an Investment banker while Somesh Prasad runs his own company. Both the brothers used to help RAW whenever needed and provide vital information. They were in touch with  Sumant Kumar Goel who  was RAW’s operations head in Dubai once.

The problem began when Asthana recorded a statement of a Hyderabad businessman Satish Babu Sana to allege that he had paid a bribe of Rs 2 crores to Alok Verma to go-slow in the Moin Qureshi case. He sent the complaint to the CVC against Verma. But Sana took a U-turnsoon and confessed  before a Magistrate under Section 164 of the CrPC that he paid a bribe of Rs 2.95 crore to Asthana’s middlemen Manoj Prasad and Somesh Prasad to get relief in the Moin Qureshi case. Sana is an accused in the Moin Qureshi case. 

The government avoided any precipitated action and tried to solve the  issue with dialogue even at this late stage. But the moment Verma named Sumant Kumar Goel in the FIR and said that  Mahesh Prasad is being probed for his alleged hawala links as well as connections with certain R&AW officials, all hell broke. The naming of RAW's  number 2 sealed Verma's fate.

 

Ends

Midnight coup in CBI,

by Harish Gupta, National Editor, Lokmat Group

Midnight coup in CBI,

PM sends Director, No. 2 packing finally,

Junior-most Nageshwar Rao made Director

Verma goes to court, Asthana sulks

New Delhi, Oct 24

It was a midnight coup at the Central Bureau of Investigation (CBI) headquarters never witnessed before when the newly appointed director, M Nageshwar Rao landed there  accompanied by a police convoy to take charge.

The 1986 Odisha cadre officer who hails from Telangana, headed the 11^th floor office of Alok Verma to take charge. There was no one to give him the charge as all top bosses had been sent on forced leave by the government on the recommendations of the Central Vigilance Commission (CVC).

When Verma and his number two Rakesh Asthana went to the CBI headquarters in the morning, they were stopped from entering. While Verma went to the Supreme Court to challenge his ouster, Rakesh Asthana went home sulking. The SC will hear the case on Friday.

The Cabinet Committee of Appointment (ACC) headed by the Prime Minister had issued the order at 11.45 pm yesterday asking Rao to take over the “duties and functions of CBI director with immediate effect.” The decision was taken by the PM at 11.30 pm and the file was sent by hand to the residence of Home Minister Rajnath Singh who is also a member of the ACC. Dr Jitendra Singh, Minister of State in the PMO, had asked Rao earlier to be ready to leave for an important assignment at a short notice. He had no clue what that assignment will be. But all hell broke within the next 30 minutes when the official order was put out making him the new director during the period of “subsistence.” Interestingly, there is no order till now on the website of the DoPT divesting Alok Verma of the charge of the CBI and sending him on leave. However, Alok Verma and Rakesh Asthana were informed about their "compulsory leave" through official messengers.

In a bizarre move, the police personnel of the Delhi Police cordoned off the CBI building at 12.30 am and around 1.45 am, M Nageswar Rao came escorted by a police convoy to take charge. The stories that Rao sealed Verma's office are baseless as all the files are being scanned in the room. A new team of officers has been deputed to probe all pending cases. Nageshwar Rao removed Verma's most trusted officer Additional Director A K Sharma from all the cases. Manish Sinha who is Sharma's junior was also sent packing.

It now transpires that K V Chowdary, Chief Vigilance Commissioner, held a marathon meeting on Tuesday with his two colleagues; Sharad Kumar and M K Bhasin and sent their recommendation to the PM that both the top officers be sent on compulsory leave immediately. 

Chowdary had been asked by the Prime Minister's Office last week to step after efforts to find a solution by NSA Ajit Doval and deputy Principal Secretary P K Mishra failed. It may be mentioned that Nageswar Rao had joined the CBI in 2016 as joint director before his stunning rise as its interim director.

Ends 

Fly on the Wall : Bitter feud bring CBI to a grinding halt

by Harish Gupta, National Editor, Lokmat Group

Fly on the Wall : 

Bitter feud bring CBI to a grinding halt

CBI director Alok Verma may have just four months to go before he demit office on December 1. But not a day passes when he is not involved in a bitter battle with his own deputy Rakesh Asthana. The latest saga began when Verma ordered on the file that statements of all the persons named in the diaries be recorded. In a written note issued to the Special Unit in the CBI, Verma directed that the diaries recovered from the premises of the promoters of Gujrat-based Sterling Biotech company offices be recorded without further delay. Several top politicians, bureaucrats and police officers have been named in the diaries recovered by the Income-tax department in 2011 which have now been handed over to the CBI for criminal investigation. The diaries had names and monies paid to those named. But Verma's target seems to be Asthana who was Police Commissioner of Surat whose name figured in the diaries as well. It is an irony that Verma was brought as CBI chief by the Modi dispensation in December 2016 while Asthana, a Gujarat-cadre IPS officer, is believed to be close to the PM and BJP president Amit Shah. No case has been registered against Asthana, the CBI director wants to formally record his statement in connection with the probe. This annoyed Asthana so much that he knocked at the door of the PMO alleging vindictive attitude of his superior. Verma also crossed swords with the Chief Vigilance Commissioner K V Chaudhary saying that Asthana had no mandate to represent the agency in his absence and should not be "consulted for inducting officers into the agency. Obviously, Verma was peeved that his plans to bring two officers of his choice in the CBI were thwarted by CVC. Verma wanted to bring Rajiv Krishna and R P Upadhyay into the CBI as additional directors. Both are considered close to Verma. But Asthana torpedoed Verma's plans. The last word on Verma-Asthana feud is yet to be written.

Adhia shows who is the Boss !

If CBI Chief Alok Verma is fighting with his Number 2 in the agency, Enforcement Director Karnal Singh has chosen to lock horns with Finance Secretary Hasmukh Adhia, Finance Secretary. While the government was keen that he send Rajeshwar Singh, an ED officer packing, Karnal Singh defied and retained him. But in a bizarre situation Adhia showed who is the real boss. Karnal Singh has lost the latest round with Adhia on the continuation of controversial officer who was handling sensitive cases. Adhia decided to take the command in his own hands and issued a written order sending Rajeshwar Singh on forced leave. The argument goes that Karnal Singh is not the administrative head when it comes to handling of the officers of the ACC level. Rajeshwar Singh investigated many key cases including Aircel-Maxis and others and the government found that all is not well. But Karnal Singh who was hand-picked by the Modi dispensation took a different line. With Karnal Singh due to retire in October, the government will now have the opportunity to anoint a trusted officer of its choice. It is heard in the corridors of powers that he will have the ears of the Almighty.

The games TDP,  PDP play

Two key allies of the BJP may have quit the Modi government and singing a different tune. In the case of Jammu & Kashmir, it was the BJP which deserted the Mufti government one fine morning and Governor’s rule was imposed. But neither the BJP speaking against the PDP and nor the PDP speaking personally against Modi. If insiders are to be believed, the divorce took place as both were losing their respective vote bank and decided to call it a day. May be after the 2019 Lok Sabha polls, they may do business again. The National Conference led by Dr Farooq Abdullah has also sent clear signals that he is not averse to do business with Modi. It was largely because of this very reason that the PDP is abstaining in the Rajya Sabha whenever voting takes place. Same is the case with Andhra Chief Minister N Chandrababu Naidu who felt that he is losing ground to YSR-Congress for his failure to get “special status” for his state from the NDA. In the competitive politics of Andhra Pradesh, the TDP is left with no option but to part company with the BJP.  The BJP had also developed a feeling that it is not growing in the state. But the BJP is not poaching on the TDP MLAs in Andhra. The BJP is targeting the “corrupt Congress and YSR-Congress leadership”. The whisper in the corridors of power is that TDP will do business again with the BJP after the 2019 polls.  After all, Chandrababu Naidu wants “special status” for Andhra and has no Delhi Dreams like many other chief ministers.

As Sonia frail, Priyanka gives the helping hand

As the health of Sonia Gandhi not in good shape and Congress president Rahul Gandhi trying to cope with the massive pressure of work, young party managers are a worried lot. Though Rahul’s unofficial political secretary and former IAS K Raju is the key man in the system, things have yet to take shape. The loss of weight forced Sonia Gandhi even to abandon her planned trip to Red Fort on the Independence Day. The doctors advised against her visiting the hot & humid weather conditions as she is now weighted around 45 kg only. Though she did walk an extra mile to raise slogans along with the MP s in Parliament on August 10 morning on the Rafale issue, she was looking so frail and weak, the SPG commandoes had a tough time to handle the situation. She went there as Rahul Gandhi had left for Jaipur early morning leaving Sonia Gandhi to cheer up the party MP s. This has given room for intense speculation in the party for a greater role for Priyanka Gandhi. In any case, this being the election year and with Rahul Gandhi travelling all over the country, Priyanka has to focus on UP where the party is pitted against formidable BJP. Priyanka may not have held a position in the party but her writ runs, say insiders. Her official entry into direct political role is just a matter of time as she attended the funeral of M Karunanidhi. In an unprecedented move she also decided to address ladies of an  Entrepreneur's Organization in Mumbai which was a closed-door affair. But she stole the thunder with her highly emotional speech and ladies were seen weeping. It was first time the mighty club of Mumbai realized the oratory skills of Priyanka. In case the party decides to give her a direct role and she herself chooses to emerge from the shadows, prospects of Congress will certainly brighten.