Why Bofors mega scandal cannot be wished away.
See: http://bharatkalyan97.
The Bofors mega scandal has become headline news again, for the wrong reason. The wrong reason is a goof-up by Pranab Babu in trying to downplay the enormity of the scandal.
It is fine to put Bofors back again in headline news for the right reason. The right reason is restitution of kaalaadhan, promised to the Bharatam Janam during the campaign preceding NaMo's victory and achievement of Swarajyam May 2014.
Bofors should stand out as the litmus test on how NaMo will go about ensuring restitution of kaalaadhan.
Some simple rules of the game of restitution.
1. Politically Exposed Persons (PEPs) is a recognized category under international law and in international financial regulations.
2. Exposing PEPs is accepted as the method for restitution of kaalaadhan by tax havens, Switzerland for instance has a law for restitution of kaalaadhan when the concerned Government demands it. This was the method used to freeze the kaalaadhan of Gaddafi and Mubarak.
3. Kaalaadhan is treason because the money which should have been held within the nation's financial system is taken out and kept in a foreign institution. This is NOT a mere Double Taxation Avoidance Problem to resolved by DTAAgreements.
4. Bofors has shamed the nation making rest of the world rank India that is Bharat as a banana republic where the Rule of Law is bypassed by political skullduggery generally by PEPs who stash away enormous sums of ill-gotten wealth in the so-called tax havens.
5. It is a faux pas by an Indian Ambassador for Sweden and Latvia to write a letter to Editor in Chief of Swedish newspaper. The western media is governed by its own Standard Operating Procedures and it is undiplomatic to try to interfere with the SOP of media houses.
6. Pranab Babu has clearly retracted his statement recorded during the interview and it would have been ethical on the part of the newspaper to respect such a retraction while reporting on the interview.
7. Bofors is an UNFINISHED TRIAL. The scandal is still open for investigation by the investigation agencies of the Government of India.
8. It will be a mistake if NaMo and his team try to cover up the scandal by not pursuing it enforcing the full force of the Rule of Law.
9. As recently as in 2014, ACACI had requested CBI to lodge an FIR on the Bofors scam based on new information received; CBI's response was to pass the buck to Enforcement Directorate. See http://timesofindia.indiatimes.com/india/Bofors-scam-Quattrocchi-got-kickback-says-I-T-panel/articleshow/7211424.cms The Bofors ghost returned to haunt the Congress party with an income tax tribunal saying that kickbacks of Rs 41 crore were paid to late Win Chaddha and Italian businessman Ottavio Quattrocchi in the Howitzer gun deal and that they are liable to pay tax in India on such income. "....inaction in this regard may lead to a non-existent undesirable and detrimental notion that India is a soft state and one can meddle with its tax laws with impunity," the income tax appellate tribunal (ITAT) said in its 98-page order of 2011.
10. All scams which are the consequence of post-colonial loot (which is much larger than the colonial loot) should be pursued under the Rule of Law. This is an effective means of restoring faith of all citizens in the Rule of Law and track down the looters and land them in Tihar.
This is restitution of kaalaadhan for which Hon'ble SC has recently forwarded the suggestions of Advocate Ram Jethmalani and Dr. Subramanian Swamy for consideration and action by the Government.
A good start will be for NaMo to tell all agencies of GOI to start responding to these suggestions positively.
S. Kalyanaraman
See: http://bharatkalyan97.
The Bofors mega scandal has become headline news again, for the wrong reason. The wrong reason is a goof-up by Pranab Babu in trying to downplay the enormity of the scandal.
It is fine to put Bofors back again in headline news for the right reason. The right reason is restitution of kaalaadhan, promised to the Bharatam Janam during the campaign preceding NaMo's victory and achievement of Swarajyam May 2014.
Bofors should stand out as the litmus test on how NaMo will go about ensuring restitution of kaalaadhan.
Some simple rules of the game of restitution.
1. Politically Exposed Persons (PEPs) is a recognized category under international law and in international financial regulations.
2. Exposing PEPs is accepted as the method for restitution of kaalaadhan by tax havens, Switzerland for instance has a law for restitution of kaalaadhan when the concerned Government demands it. This was the method used to freeze the kaalaadhan of Gaddafi and Mubarak.
3. Kaalaadhan is treason because the money which should have been held within the nation's financial system is taken out and kept in a foreign institution. This is NOT a mere Double Taxation Avoidance Problem to resolved by DTAAgreements.
4. Bofors has shamed the nation making rest of the world rank India that is Bharat as a banana republic where the Rule of Law is bypassed by political skullduggery generally by PEPs who stash away enormous sums of ill-gotten wealth in the so-called tax havens.
5. It is a faux pas by an Indian Ambassador for Sweden and Latvia to write a letter to Editor in Chief of Swedish newspaper. The western media is governed by its own Standard Operating Procedures and it is undiplomatic to try to interfere with the SOP of media houses.
6. Pranab Babu has clearly retracted his statement recorded during the interview and it would have been ethical on the part of the newspaper to respect such a retraction while reporting on the interview.
7. Bofors is an UNFINISHED TRIAL. The scandal is still open for investigation by the investigation agencies of the Government of India.
8. It will be a mistake if NaMo and his team try to cover up the scandal by not pursuing it enforcing the full force of the Rule of Law.
9. As recently as in 2014, ACACI had requested CBI to lodge an FIR on the Bofors scam based on new information received; CBI's response was to pass the buck to Enforcement Directorate. See http://timesofindia.indiatimes.com/india/Bofors-scam-Quattrocchi-got-kickback-says-I-T-panel/articleshow/7211424.cms The Bofors ghost returned to haunt the Congress party with an income tax tribunal saying that kickbacks of Rs 41 crore were paid to late Win Chaddha and Italian businessman Ottavio Quattrocchi in the Howitzer gun deal and that they are liable to pay tax in India on such income. "....inaction in this regard may lead to a non-existent undesirable and detrimental notion that India is a soft state and one can meddle with its tax laws with impunity," the income tax appellate tribunal (ITAT) said in its 98-page order of 2011.
10. All scams which are the consequence of post-colonial loot (which is much larger than the colonial loot) should be pursued under the Rule of Law. This is an effective means of restoring faith of all citizens in the Rule of Law and track down the looters and land them in Tihar.
This is restitution of kaalaadhan for which Hon'ble SC has recently forwarded the suggestions of Advocate Ram Jethmalani and Dr. Subramanian Swamy for consideration and action by the Government.
A good start will be for NaMo to tell all agencies of GOI to start responding to these suggestions positively.
S. Kalyanaraman