Showing posts with label Lalit Modi. Show all posts
Showing posts with label Lalit Modi. Show all posts

Tuesday, November 24, 2015

Parliament: The coming gridlock

by Harish Gupta, National Editor, Lokmat Group

With winter session of the Parliament a couple of days away, everyone who has a stake in the national economy — be it as job seeker or investor — is keeping his fingers crossed for the long-awaited clearance of a slew of pro-reform bills. There is little hope, though, that what the BJP-majority Lok Sabha proposes will not be disposed as before in the Rajya Sabha where the ruling party is in utter minority. However, one must be a daring gambler to place bet on even a temporary truce between the treasury benches and the opposition any time soon, if at all. "Reform for me", tweeted Prime Minister Narendra Modi, "is just a way station on the long journey to the destination. The destination is the transformation of India". While it remains unclear as to how does he intend to transform India, and into what, one thing that is clear is the rising disenchantment in the country with Modi's last year's election promise that achhe din, better days, are round the corner. The engine that moves a democratic government is the Parliament has predictably been brought to a grinding halt.

The previous monsoon session was indeed a wash-out in the midst of persistent demand from the Congress for resignation of BJP functionaries involved in the government allegedly winking at fugitive cricket entrepreneur Lalit Modi evading prosecution in India. The outlook of the coming session seems no better. Most opposition parties, particularly the Congress, have been greatly energised by the BJP's rout in Bihar. Their agenda for the Parliament has been set by the outcry against "intolerance". Congress vice president Rahul Gandhi seems having become particularly aggressive after his party's nominal electoral success in Bihar. BJP, on the other hand, has kept escalating its attack on the Congress, with its ideological brother Subramaniam Swamy having initiated a web of corruption charges against both Rahul and his mother Sonia Gandhi, Congress president. It is certainly not the atmosphere suited to bipartisan lawmaking. Which is a pity, as it will push away once again the possibility of having a Goods and Services Tax (GST).

Much of India's future ability to attract investment depends on having a law like GST as it levels the states' uneven tax rates, thus giving the national economy the tax uniformity that distinguishes the European Union. The GST council may settle for a steep rate of around 25 per cent, which is potentially inflationary, and yet exclude items like petrol and petroleum products, not to speak of alcoholic beverages etc. Still, a GST in some form is better than having none. But that's exactly how things seem to be now poised. After having opposed GST during its long stint as the main opposition party, BJP, on assuming power, suddenly turned its supporter. But instead of putting the relevant Constitution amendment before the Standing Committee, the Modi government got it passed straight in the lower House. Congress and its allies returned the compliment by blocking it in the Rajya Sabha.

Furthermore, logjam in the Parliament may put in the no-go area yet another crucial legislation concerning bankruptcy. Finance Minister Arun Jaitley is hopeful of putting into effect a new law that may set a swift deadline of 180 days for passing final verdict on a sick firm and allow it another 90 days if creditors agree. According to a World Bank estimate, it takes 4.3 years on an average for a bankruptcy dispute to be resolved in India. In a recent article, The Economist magazine reported that the recovery rate of debts in India is just about 25.7 per cent which, as it said, is one of the worst rates in developing countries. The classic case of mega-default is Kingfisher Airlines which was grounded in 2012 after leaving a debt of US $1.5 billion. If the law is passed, many sick firms can be revived instead of being left to die slowly. Besides, the banking sector, reeling under stressed loans which have gone up five times to US $133 billion since 2011, can also breathe freely.

It is not that the economy is growing so impressively that the government can remain unfazed by the parliamentary gridlock faced by its efforts at reform. It's not so easy to look the other way. RBI governor Raghuram Rajan has recently commented on the potential harm from lack of private and public investment, and if the government has no fund to raise investment, the private firms too are running 30 per cent below capacity. Judging from Prime Minister Modi's relentless foreign visits, it is obvious that he wants to make up for the shortfall in domestic investment with foreign investment. It worked in the first half of this year, with US $19.4 billion FDI rolling in during the period. But the roadblock to pass laws has hit the headlines all over, and investors have become cautious. For the first time since September 2013,  when Modi’s name was aired for the first time as a possible PM and foreign institutional investors began to buy Indian stocks, there was no net outgo of foreign fund from the Indian bourses, till very recently. A possible increase in the US Fed rate, combined with failure of the NDA government to pass GST and bankruptcy laws, may cause bloodbath in the stock market, not to speak of its bizarre backwash on the economy.

There is not much time left, therefore, for Modi’s grandiose project to “transform” India. The more urgent task for him is to stop thinking that the Opposition can be bullied into submission. Instead, he must instill into his adversaries the comforting feeling that they will get an equal share of credit if jobs and investment figures begin to look decent again and growth comes automatically instead of being puffed up with slick numbers. If a pragmatic Modi can adopt Aadhar, MANREGA and other UPA schemes, what’s the problem in taking the Opposition along the GST, Bankruptcy law to transform India.

Monday, June 29, 2015

The silence of Modi

by Harish Gupta, National Editor, Lokmat Group

The Lalit Modi fiasco has in the last few weeks brought into question some notions about NDA government that were taken as given. First, its executives, be at the Centre or the outposts, are persons of integrity unlike what could be said about their UPA predecessors. Second, BJP, the core party of the NDA, has come out of its misplaced mould and has put an impressive array of women leaders in important positions; in other words, women of integrity and quality have come forward to neutralise its long-derided gender skew. Sadly, all these presumptions about the ‘Modi sarkar’ have been turned on its  head by an avalanche of revelations about all Modi’s men, or women, rather.

Wednesday, June 24, 2015

Modi Govt. struggling to slap PMLA against Modi

by Harish Gupta, National Editor, Lokmat Group

Special report

The Modi government is struggling to invoke Prevention of Money Laundering Act (PMLA) against ex-IPL commissioner Lalit Modi who is holed up in London after various cases were slapped against him five years ago.

Top officials in various agencies including Enforcement Directorate, CBI, DRI, Corporate Affairs, Narcotics and Mumbai Police are scanning tons of files to zero on a fool-proof criminal case against him to enable the government to invoke PMLA.  Even the SIT was struggling yesterday through the day to zero on a criminal case against Lalit Modi so that he can be booked under PMLA. 

The UPA government slapped 15 cases against Lalit Modi for Foreign Exchange Management Act (FEMA), 1999 which does not provide ED powers to arrest him. The ED could not issue an arrest warrant against Lalit Modi due to this very reason and failed to press the Interpol to issue a Red Corner Notice. What ED issued was a “Blue Corner Notice” which is no meaning in law. Even Finance Minister Arun Jaitley admitted that there is some confusion over "the shades of blue" whether it was a Light Blue Corner Notice. 

Highly placed sources in the ED told this correspondent that the PMLA can be invoked only after a pre-dated criminal case is registered against a person under 28 Acts notified to invoke PMLA. Secondly, the PMLA case can be registered by the ED on its own if it has evidence to prove that the person laundered money which are “proceeds of crimes including drug, smuggling, terror” etc.  The problem is that if the ED converts a FEMA case into the PMLA after five years, it must have some fresh impeccable evidence to prove criminality.

Another reason for successive governments going soft on Lalit Modi is that it will also bring officials and members of the BCCI & IPL governing bodies. The game of Cricket being an all party affair, nobody wanted to precipitate the issue after Lalit Modi quietly eloped in 2010. If the UPA didn’t convert the FEMA cases into PMLA and not registered a single criminal case against Lalit Modi for four years, the NDA too looked the other way. 


Yet the pressure on the Modi government is so intense that a agencies have been told to register a criminal case against Lalit Modi under any of the 28 notified Acts to slap PMLA. Interestingly, the BCCI doesn't want to be a complainant in the matter. Therefore, the agencies are working overtime to find out a case against Modi not related to Cricket, IPL, Champions League etc. The government wants to file an appeal in the SC and for this a fresh case is considered necessary.

Tuesday, June 23, 2015

A throw of dice

by Harish Gupta, National Editor, Lokmat Group

Faced with its two troublesome contessas, external affairs minister Sushma Swaraj and Rajasthan chief minister Vasundhara Raje, and the raging controversy created by their surreptitious involvement with Lalit Modi, the ruling BJP seemed giving up earlier last week, choosing as strategy to make light of the allegations. Prime Minister Narendra Modi, in particular, passed the endurance test with great aplomb by giving messages to all and sundry, including wishing Iceland on her National Day, and became the star of the government-sponsored yoga session last Sunday, the International Yoga Day; yet his lips were zipped on l'affaire Lalit Modi though its echoes resounded in every corner of the media and politics. 

It was clear that expediency was dictating the government's response. With the monsoon session of Parliament due as close as next month, and the reform bills holding the key to faster growth crying for getting passed, giving up on yet another opportunity can be very costly. Instead, the government is deflecting attention to legalities of the allegations. If Swaraj had, way back in July last year, indirectly told the British government to let Lalit have the necessary travel papers for a trip away from the country where he was almost in asylum, it was, as Modi's ministers argued, out of "humanitarian" grounds. That the Prime Minister too wasn't in favour of much fuss over Swaraj's action was evident from the fact that he cleared her trip to the US as the country's representative at the International Yoga Day observance in New York. But that could hardly mean business as usual for Swaraj, as the conflict of interest in her case was glaring! Her husband and her bar-at-law daughter have served Lalit as counsel for twenty years and six years respectively, so the minister mother helping out, in a gingerly fashion, the client of the family is anything but par for the course.

As far as Vasundhara Raje is concerned, the technicalities behind which the BJP is sheltering are even more tattered. It appears that her MP son Dushyant Singh had got into a sweetheart deal through his Niyant Heritage Hotels Private Limited with Lalit Modi's companies in 2008 and 2009, when Vasundhara Raje was just out of power. It was during her earlier term as CM between 2003- 2008 that she changed the voting rules of Rajasthan Cricket Association (RCA) by transferring voting rights from individual members to elected representatives of the cricket associations of the state's 33 districts. Lalit Modi became the Tsar of RCA by one stroke of Vasundhara Raje's pen. The favour was repaid, or so it seems, when Lalit Modi invested in Niyant Heritage Hotels. After the secret was out, Dushyant brazened it out by claiming that he had done no wrong. The UPA was in power in the state and at the Centre and did nothing and rather RBI cleared the deal. Still it remains enigmatic that it is Lalit Modi who has dragged Raje into the controversy, claiming in an interview that it is she who recommended him when he applied to the UK government for an immigrant visa. The recommendation is accompanied by a confidentiality agreement which does not carry any signature. BJP is latching on to it as proof that Raje kept her nose clean, nor did she back Lalit Modi on the sly. But the party has swallowed its embarrassment over the sheer fact that it had no clue whatsoever on the Dushyant-Lalit cosy nexus. Its no secret that Lalit had fallen out with Vasundhara much before she returned to power in 2013 with a massive mandate.

Similarly, it is highly unlikely that the Prime Minister had a sniff of what was going on at the floor below him on the South Block where the external affairs ministry is housed. I have no doubt that if he got a hang of it Swaraj's plot would have backfired on her a long time back. And now, with the party right down to the wire on a make or break election in Bihar, and the equally critical bills on uniform goods and services tax and land acquisition waiting to be made into laws, it is too late in the day to act against her. Forget acting against the Jaipur sultana.

In fact more things about Lalit Modi should now come to light to 
examine the murky underbelly of a 'gentleman's game' that has 
degenerated into a cash machine for not only betting operators 
but the big daddies of the business - politicians and underworld bosses.

But I am sure the mine called Lalit Modi hasn't fully exploded yet. In fact more things about him should now come to light to examine the murky underbelly of a 'gentleman's game' that has degenerated into a cash machine for not only betting operators (known as bookies, they're often small fry) but the big daddies of the business - politicians and underworld bosses. An early indication came with the 1999-2000 India-South Africa match fixing scandal which claimed the reputation and career of two national captains, Hansie Cronje of South Africa and Mohammed Azharuddin of India, besides raising the suspicion that those cricketers who threw a game or suddenly bowled a no-ball were actually puppets on a string held by, among others, the dreaded 'D Company' of fugitive terrorist Dawood Ibrahim. The 2013 IPL spot-fixing and betting case got even more skeletons tumbling out of the cupboard. It raised deeper questions far more intricate than, say, why N. Srinivasan should continue as BCCI president after his son-in-law came under scanner for his role in spot-fixing. The nexus will be out if a thorough probe is ordered how IPL teams were first awarded, how bitter battle led to the ouster of Shashi Tharoor of Union Ministry, why the Adanis lost the race to get an IPL team and what kind of mind-boggling monies grab position in the controlling boards of cricket, and their quid pro quo with a character like Lalit Modi?

There has been no conclusive investigation till now into the connection between cricket betting and money. But its epicentre is no doubt India and Pakistan. When Australian cricketers Mark Waugh and Shane Warne were on a tour of Sri Lanka in 1995, they were paid handsome amounts in exchange of information on pitch and weather by "John", an  Indian bookmaker. But that is chicken feed compared to the huge money that sloshes around in this subcontinent every time there is an ODI or IPL match plaed anywhere in the world. With the financial greed of politicians knowing no bound, it is the lure of this torrent of cash flow which is drawing them close to the world of Lalit Modi? Not impossible, in the land of the Mahabharata, the epic in which the king wagers not only his kingdom but his wife in a game of dice.