M D Nalapat
Several bureaucrats in prominent positions
during the Manmohan decade were interested, post the UPA defeat, only in
covering up evidence of their own active participation in UPA-era
misdeeds.
Recent byelections showed that many pro-Narendra Modi voters stayed
home rather than come out to vote for the BJP. While the party is
seeking to improve its organisational efforts in a bid to rectify such a
trend, the responsibility for the abstentions vests more with the
functioning of parts of the Government of India, specifically the slow
pace of the agencies involved in the anti-corruption drive launched
amidst a volley of promises by Prime Minister Narendra D. Modi on 26 May
2014. Although much was made by the new government of the Special
Investigating Team (SIT) speedily set up by the incoming government,
while several sittings of the SIT have indeed taken place, its overall
success in curbing or uncovering graft has been negligible. Following on
from his practice as Chief Minister of Gujarat, once he became Prime
Minister, Narendra Modi seems to have placed his faith and confidence
fully in the existing rungs of the bureaucratic ladder to carry out both
a policy of economic growth and a much-anticipated cleansing of the
administrative stables, the tasks for which his party had been given a
Lok Sabha majority. Unfortunately for the BJP, several of the
bureaucrats in prominent positions during the Manmohan Decade
(2004-2014) were interested, post the UPA defeat, only in covering up
evidence of their own active and pervasive participation in UPA-era
misdeeds. The result has been the conversion of the policy of Zero
Tolerance for Corruption announced by Modi to close to Zero Results in
his campaign against VVIP corruption. Thus far, the truly big names have
remained untouched even while a small number of lesser fry, especially
in some state governments, have been booked. At the same time,
disclosures under RTI have been heading sharply downwards because of the
lack of response to queries made to the bureaucrats manning RTI boards,
thereby severely impacting the anti-corruption drive. The lack of
tangible action against VVIP corruption by agencies under the Modi
government has resulted in the Congress party confidently claiming that
BJP allegations of large-scale corruption during the UPA days were just a
“chunavi jumla” of the rival party Thus far, even biggies such
as P. Chidambaram, Praful Patel and Robert Vadra remain free to
globetrot, while the only extant case against the First Family of the
Congress is a private proceeding of Subramanian Swamy, who at the time
he initiated action was not even a member of the BJP.
MODI’S ACHILLES HEEL
The public perception of lack of success in dealing with high level
political and bureaucratic corruption has become the Achilles heel of
the Modi government. To this must be added the fact that doubtful
officers still in high positions appear to have slowed down progress in
reform, so that the rate of economic growth under NDA-II is less than
that under the UPA, especially if the changes in accounting introduced
in the recent past (and which boost growth estimates) get taken into
consideration. Given the Lok Sabha election calendar, Prime Minister
Modi has less than seven months to turn matters around, a task that
needs to be fulfilled if the BJP is to cross the safe boundary of 240
seats in the next Lok Sabha. It cannot be forgotten that from around
2011 onwards, a growing number of individuals and associations who
regarded UPA Chairperson Sonia Gandhi’s approach to governance and
society to be toxic for the future of India gravitated to Gujarat Chief
Minister Narendra Modi as the answer to their quest for a leader who
would take on and vanquish Sonia electorally and the “Sonia System”
subsequently. Given the pre-election rhetoric of Narendra Modi about the
circle around Sonia Gandhi, it was considered a certainty that his
government would take immediate action to ensure accountability for the
misdeeds committed by those close to the de facto Head of Government
during 2004-2014. Forty-nine months after Modi was sworn in as Prime
Minister, such early supporters of Modi are still waiting for their
expectations to be fulfilled. Thus far, while there have been
several—and severe—verbal sallies against the 10 Janpath coterie, actual
moves against UPA grandees have been difficult to discern. In the case
of both D. Raja and even Dayanidhi Maran, both are globetrotting sans
any fear of legal action, with the only steps initiated against them
having been made not by the present but by the previous Manmohan Singh
government.
There was a flurry of credible pre-Lok Sabha election reports about
inter alia (1) the systematic manner in which Air India and other public
enterprises were crippled, some clearly terminally; (2) the way
purchases of petroproducts and defence equipment got negotiated and
payments made; (3) the reckless manner in which agricultural commodities
were subject to deep-pocketed speculators who caused immense spikes in
prices without benefitting the farmer; (4) stock exchanges got
systematically converted into illicit money-making and money-laundering
devices; (5) land and resources were handed over to cronies for derisory
sums and in an opaque manner; and (6) crony capitalists were assisted
in defrauding the banking system and who later transferred such loans to
overseas destinations. Thus far, action on such matters has been
infrequent, and often of a transient and token nature that allows the
depredators to escape justice, as seems to be the recent case of Nirav
Modi and Mehul Choksi, and earlier of Lalit Modi. In the case of Vijay
Mallya, action seems to have been more vigorous, although it is too
early to judge the result of the moves by the ED, CBDT, DRI and CBI to
claw back from the fugitive businessman the wealth he took away from the
banking system. At great political cost to itself, the Modi government
has written off billions of dollars of bad bank debts while channelling a
huge amount of the profits made by enhanced taxes during 2014-2018 on
petroproducts to banks stressed by acts of negligence on the part of
those entrusted with their management, actions that have almost wholly
escaped punishment.
UPA BUREAUCRATS CONTINUE
Those who regarded the Modi government as being a reliable enforcer
of accountability towards the misdeeds of the previous government have
reason to be disappointed but not surprised. From May-June 2014 onwards,
when the composition of the Modi government became known, it was
obvious that action on previous decisions would be both few and slow to
be actualised. Much of the top tier of the UPA official structure got
transplanted into the bureaucratic team chosen by Prime Minister Modi,
because of the faith that officials who had assisted UPA ministers in
questionable actions would atone for their previous conduct by
energetically working for the public weal under his leadership. The risk
that they would instead work hardest at covering up evidence of their
own involvement in UPA-era misdeeds was apparently not taken seriously
by the new government. To the surprise of those who had backed Narendra
Modi consistently and in difficult circumstances over several years in
the belief that he was the only individual certain to enforce
accountability for the past, several of the officials close to UPA-era
VVIPs were chosen to hold positions of high responsibility in the Modi
government. Action against UPA grandees would entail the risk of
discovery of the extensive personal and business linkages between such
entrants into the Modi government. Fortunately for them, the
investigating agencies have lived up to the public expectation that they
are better at covering up rather than uncovering graft, and even in
major cases, action taken has been at a level far below that which was
expected of the new government. It is therefore no surprise that many of
those who worked hard for the success of the BJP in 2014 are likely in
2019 to sit at home rather than vote again for a party that seems to
have done so little in fulfilling its campaign pledge to bring the
guilty to book in cases of VVIP corruption. Ancient cases against Lalu
Yadav or such political minnows as Chhagan Bhujbal have not succeeded in
compensating for the fact that even in the much-reported case of former
Finance Minister P. Chidambaram, thus far action has been on a
microscopic scale, while against his son Karti, known across four
continents as a high flyer, the only case being pursued is a matter
involving the (for him) derisory sum of $1 million. And although BJP
spokespersons talk long and loudly about the National Herald case, they
omit to mention that this is being pursued not by the government but by
Subramanian Swamy, an individual who at the time of filing the case was
not even a member of the BJP. Even Robert Vadra seems to have remained
unscathed despite 49 months of the Modi government. The many
investigative agencies of the Union Government as well as several
BJP-controlled state governments seemingly have yet to discover material
against Vadra sufficient for prosecution. The BJP’s talk of VVIP
UPA-era corruption, including during the 2010 Commonwealth Games or
cricket shenanigans looks to many voters in 2018 to be just that, talk.
CHIDAMBARAM’S NETWORK
It would take a book to examine in any detail the web of contacts
that 10 Janpath (in the hugely influential person of Sonia Gandhi) has
within the bureaucracy, including with several of those given important
responsibilities by Prime Minister Modi. It is a simpler task to examine
the situation concerning P. Chidambaram, a UPA grandee who was
discussed in Washington and London as a possible Prime Minister in 2011,
and who may yet assume either that office or get his previous job back
in the Central government were the Congress to secure 150-plus Lok Sabha
seats in 2019. This is not an impossibility if a viable alliance system
gets worked out by Congress president Rahul Gandhi and the team he is
assembling around himself and his charismatic sister Priyanka. The star
of the UPA, Palaniappan Chidambaram, for four decades, has held
frontline positions in successive Central governments. Chidambaram is a
brilliant navigator of the Lutyens maze, who uses the media, officers
and businesspersons through “shaam, daam, dand and bhed”.
The foreign financial entities that are given so much respect and
credibility with the Modi government regard Chidambaram very highly,
although the allegation that this is because of tens of billions of
dollars parked within them is as yet unproven, at least on record by the
investigative agencies. It must be admitted, though, that several of
those agencies are riddled with officers who are admirers of Chidambaram
and beneficiaries of his beneficence in the past. During the period
that the UPA was in power (2004-2014), Finance (and later Home) Minister
Chidambaram succeeded in getting officers of his choice posted inter
alia within ED (DG Investigation), Member Investigation—CBDT, JS TRU and
JS TPL, Chairman SEBI and IRDA, while he was an acquaintance of RBI
Governor Raghuram Rajan, a nominee of Manmohan Singh.
The clout that Chidambaram exercised can be gauged from the fact that
C. Bhave was made SEBI chief during his tenure as Finance Minister,
even when there was a probe going on against his actions. Bhave was in
constant touch with K.P. Krishnan, an officer exceptionally close to
Chidambaram and also promoted by the present government. That several
officers close to Chidambaram are still in sensitive positions may
explain the unusual tardiness in investigation of the National Stock
Exchange (NSE) colocation matter, in which the names of Chidambaram’s
friends Ravi Narayanan, Chitra Ramakrishna, Ajay Shah, Sunitha Thomas
and Suprabhat Lalla figure in the discourses about the subject. Brokers
whose names are known, yet ignored by the agencies, managed to locate
their servers besides NSE servers that were reportedly even linked to
BSE servers through dark fibre. Those involved claim that the same dark
fibre was used to link the servers of unscrupulous brokers with that of
the NSE, thereby allowing huge insider profits to be made, besides
gaining an ability to manipulate markets by taking positions based on
secret knowledge. They made a multi-billion dollar killing at the
expense of retail investors. After more than four years of a Zero
Tolerance Prime Minister coming to power, those guilty in the NSE
colocation imbroglio are still free and thereby able to ensure that the
investigative agencies falter and fumble in probes against such a
massive breach of trust of the investing public in the very institutions
responsible for ensuring that the share markets run in an honest
manner. Given the way in which SEBI has been functioning in such
matters, it may need to change its name to SSEBI (for Sleeping SEBI).
Insider trading is a poison that was rampant under the UPA, but yet
remains unpunished even under the NDA. Stock market effects can
devastate the BJP in 2019, the way the UTI scam affected the Vajpayee
government in urban areas in 2004. However, this far, action against
insider traders and scamsters, especially suspect brokers, has been
derisory.
PSBS MADE TO SELL LOANS
Honest officials within North Block (and there are many) speak with
disgust of how Public Sector Banks were made to sell their loans at deep
discounts to private banks controlled by those close to the Finance
Minister of the time. These private banks soon resold the loans at a
huge profit. A Joint Secretary (DFS) of the period, Amitabh Varma, is
reported to have been instrumental in ensuring that selected bank
officers were given charge of public sector banks. Officials claim that
many such nominations were made as a consequence of collateral
consideration. However, the Modi government has yet to investigate the
processes by which appointments to banks and their boards were made,
despite massive NPAs accumulating as a consequence of decisions taken by
the bank boards and managements of that period. While accusations
against UPA—especially Congress party—grandees are freely resorted to by
BJP leaders (especially during elections), ensuring accountability for
past misdeeds seems to be in short supply even in this fifth year of
Prime Minister Narendra Modi’s term.
HANDFUL CAREERS INTERRUPTED
Many believed that Modi by November 2014 would do what Mahathir
Mohammad did recently in the very first days since his swearing in as
Prime Minister of Malaysia, which was to take action against those VVIPs
who had been credibly accused of corruption on an industrial scale.
Such scams could not have taken place without the connivance of elements
of the higher bureaucracy. However, thus far, so far as top officials
are concerned, only a handful have had their careers interrupted. A
senior official pointed out that Arvind Mayaram, a Chidambaram
favourite, was reported to have postponed the inclusion of security
features in high denomination currency notes for three years. Mayaram
was also held by colleagues in the Home and Finance Ministries of having
given permission to De LaRue, a company whose security clearance was
revoked by the Home Ministry, to supply possibly compromised security
thread unhindered for that period. The only “punishment” he suffered was
an abrupt ending of his tenure rather than a comprehensive
investigation followed by prosecution, as was expected of the Modi
government by its backers. Hassan Ali was raided and thereafter placed
in jail, but none of the VVIPs associated with him have thus far been
prosecuted. Another case is that of Vodafone, especially the buying of
Hutchison shares as part of the deal from 2000 onwards. Neither this nor
some peculiar features of the subsequent sale of shares by major
holders (at hugely different prices although conducted at the same time)
to Vodafone UK seems to have been investigated, including by SEBI and
the ED. Whose was the hidden hand that assisted Li Ka Shing to escape
paying taxes on the huge profits he made on the sale of Hutchison shares
to Vodafone? In particular, did Chidambaram have a Hong Kong connection
that was instrumental in getting policies changed from 2004 onwards
that facilitated the purchase by Vodafone UK of shares of the Indian
company? Or indeed, what was the reason for the Finance Ministry to
first impose export tax on iron ore when Sesa Goa was going to be sold,
only to withdraw the tax once it was purchased by Vedanta? Who were
those who made massive purchases of jewellery immediately after Nirav
Modi made windfall profits after Chidambaram introduced the 80:20
scheme? Who were the officials who backed the scheme on paper and who
were able to hold back its scrapping for months after “Zero Tolerance to
Corruption” PM Modi took over? Or why Spicejet (once of Maran fame) was
allowed by SEBI to do away with listing requirements and take in
without any regulatory oversight Rs 600 crore from a tax haven? Whose
was that cash? Chairman U.K. Sinha and his predecessors were never
questioned about actions of SEBI that were contrary to the rules and
practices of the institution. Such forbearance by the agencies has been
despite PM Modi’s warning to them that all suspicious decisions should
be rigorously examined. Several anomalies seem to have been ignored by
investigating agencies despite Prime Minister Modi’s frequent
exhortations to bring all suspicious transactions to light. Clearly,
elements in the official machinery have ignored Modi’s orders, but
without suffering the slightest blowback as a result. On the contrary,
several officers involved in UPA-era shenanigans, and whose record in
uncovering the guilty of that period has been zero, have repeatedly been
promoted since 26 May 2014, to the surprise and stock of those who
expected action against them. Zero Tolerance against the corrupt was in
practice replaced with Zero Action against such depredators as a
consequence of the stealthy assistance given by UPA favourites still
holding important positions.
CHECK THE HOUSES
This has happened despite Prime Minister Modi being aware that
success in fulfilling his vow of bringing to book VVIP depredators will
be an important factor in the next Lok Sabha polls. A simple exercise of
looking into the residences in Delhi built by retired (and some
serving) officials will demonstrate their past, as for example a former
Finance Ministry official now in a comfortable private sector job who
has built a palatial house in Saket. Others have chosen other
super-expensive locations for their own retirement homes, including the
Vasant Vihar house built by former Principal Secretary to PM, Brajesh
Mishra, whose fortunes rose dramatically after 1998 and remained high
even after the UPA came to power in 2004. An official who was known in
Chennai (a city where he operated in for years and which knows him well)
to have tipped certain Tamil Nadu politicians about the impending
demonetisation was recently given yet another promotion in an already
highflying career. Chennai contacts say that a leading resident of that
metropolis, Om Shakti Ramachandran, could be a fount of information
about many matters that may be of interest to a Zero Tolerance regime,
but as yet such a discussion has not taken place.
PARRIKAR’S TRAVAILS
An example of how the honest get harassed is the experience of former
Defence Minister Manohar Parrikar regarding his efforts at actualising
the PM’s promise of ensuring One Rank One Pension (OROP) to
ex-servicemen. Inspired by Prime Minister Modi, Parrikar sought to
ensure that the same types of privileges were made available to a cadre
prepared to sacrifice life for the nation, as was enjoyed by the civil
service. Despite the importance of the issue, the fact that Parrikar was
standing in the way of lucrative defence deals favoured by key arms
merchants operating from London, Delhi and Dubai made the officials fed
by them erect hurdle upon hurdle to Parrikar’s efforts to roll out of
One Rank One Pension in the armed forces. The military and those
associated with this noble institution had overwhelmingly voted for
Narendra Modi in 2014. The intention of the dodgy officials was to
damage the standing and credibility of the Defence Minister, but in the
process, an important constituency (the armed forces serving and
retired) started to become alienated from the BJP. Some of the officials
who connived at creating hurdles to the implementation of OROP on the
lines favoured by Defence Minister Parrikar were subsequently promoted
on the recommendation of officials favourable to them. A senior
official, on being told that a favourite of his should not be placed in a
key slot in the Finance Ministry (because of suspicions regarding his
role in questionable land deals in Chennai) argued that “just because
dodgy activities were carried on in Chennai was no proof that the same
would happen in Delhi”. Several cases of over-invoicing of
hyper-expensive equipment indulged in by crony capitalists who were
close to the UPA were dealt with by since 2014 by the newly promoted
official, at immense cost to the exchequer. However, as yet a systematic
audit of over-invoicing and subsequent interference (including by the
high official in question) in the functioning of DRI investigations into
multiple instances of over and under invoicing by crony capitalists
very close to UPA VVIPs has yet to take place. Such lack of tangible
action is contrary to Prime Minister Modi’s orders exhorting that every
person guilty of cheating the exchequer of huge amounts of money get
sent to jail. Such lack of punitive action is having political
consequences for the BJP, whose primary attraction to voters is the
image of incorruptibility and efficiency of Narendra Modi, an image that
the Congress party and its allies have thus far failed to dent.
RAMESH ABHISHEK, T.S. VIJAYAN…
Several officials involved in tasks during the UPA days were given
the same tasks once the new dispensation took office, an example being
Vinod Rai. As Secretary DFS, Rai is regarded as having played a key role
in bank appointments during the period when Chidambaram was Finance
Minister, a task he was handed over even during the period when the NDA
government was functioning. It must be added that Vinod Rai is an
exception, in that as CAG, he released reports on 2G and Coal that
seriously damaged the image of the UPA, thereby showing his independence
of mind so far as political linkages are concerned. Another upwardly
mobile official, Ramesh Abhishek, was placed in charge of the Forward
Markets Commission while Chidambaram was running the Finance Ministry
and was instrumental in ensuring that a competitor to NSE, the NSEL, was
choked to death through executive action. He remains powerful in the
new dispensation, which seems not to have investigated the contacts
Abhishek had in the past with Kanti Singh, who is known to be known to
former Union Minister Lalu Prasad Yadav. Another favourite of
Chidambaram was T.S. Vijayan, former Chairman of LIC and Chairman of
IRDA, who was mysteriously given a clean chit by the CBI. The LIC made
extensive share purchases during his tenure in office, the prices of
which subsequently (and predictably to those following the market and
the speculative forces operating freely there) nosedived. Insider and
illegal speculation in share markets has almost totally remained
unexamined even by a government committed to transparency and honesty,
even while the ED and other agencies fumble and stumble in efforts at
ensuring that Chidambaram and his son Karti (whose record in success of
business should be mandatory reading in business schools) face legal
consequences for actions carried out during 2004-2014. Because of an
apparent absence of serious intent on the part of agencies, courts have
over and over again given Chidambaram the benefit of the doubt, thereby
keeping alive his ambition of making a comeback in 2019, given the
immense trust Sonia Gandhi has in him.
UPHILL TASK
Now that Rahul Gandhi is hitting stride as the effective commander of
the anti-Modi forces, the level of attack on the Zero Tolerance to
Corruption Prime Minister is getting much fiercer. The effort is to
strip the Teflon from Modi, who is the only electoral master card that
the BJP has, as has been shown multiple times since 2014. A high success
ratio in bringing to book VVIPs guilty of amassing wealth during
2004-2014 would have been of immense benefit to the BJP, just as the
allegations of large-scale graft made by Modi during the last Lok Sabha
campaign were. Although the Prime Minister has been working 16 hours a
day in the enforcing of accountability, results have not been
commensurate, because of the continued presence and prominence of
several officials whose role during the UPA period bears investigation.
In the short period that Prime Minister Modi has left before election
season begins in earnest, he will need to make up lost ground at speed.
This will be an uphill task in the face of what is likely to be an
invigorated and ceaseless attack on his government by a Congress party
that has been given a second chance at power by the lack of success of
the Modi government in holding UPA VVIPs (rather than minnows)
accountable for the multiple actions described in detail by BJP leaders
themselves as corrupt during the 2014 election campaign. Retelling those
UPA-era charges against the Congress party during the 2019 campaign
will have little effect, given that the present government has been
unable to take discernible action against perpetrators of such offences
as serious as handing over billions of dollars of bank cash to crony
capitalists, who promptly transferred such funds overseas, and who
cheated the country in other ways as well, such as through over and
under invoicing and in rigging share prices. What ought to be clear as
sheer glass to the investigating agencies has thus far been largely
ignored by them.