Electoral Bonds: SBI refuses to reveal details via RTI

Agencies
June 28, 2018

New Delhi, Jun 28: The State Bank of India (SBI) has refused to disclose details of buyers of electoral bonds, political parties which have redeemed these and the bank's reports sent to the government on their sales, calling it a personal information held by it in fiduciary capacity exempted from disclosure, an RTI response shows.

The details provided by the bank shows that in March 2018, it sold bonds worth over Rs 222 crore while in April the number dipped to Rs 114.9 crore.

Mumbai saw maximum enthusiasm among donors to purchase electoral bonds with Rs 122 crore of bonds being sold from the SBI main branch in the maximum city while in April it saw sales of Rs 53 crore, it said.

Activist Venkatesh Nayak, who filed the RTI application, contested the response of the SBI stating that denial of information about buyers of electoral bonds and receiving political parties is "patently erroneous".

"The CPIO is treating both the buyers of EBs and the political parties as being in a "fiduciary relationship" with SBI! This is in complete violation of the Master Circular issued by the Reserve Bank of India regarding the basis of customer confidentiality. Para #25 of the July 2015 Master Circular," he said.

The master circular said scope of the secrecy law in India has generally followed the common law principles based on implied contract.

"The bankers' obligation to maintain secrecy arises out of the contractual relationship between the banker and customer, and as such no information should be divulged to third parties except under circumstances which are well defined," it said.

Nayak said when the SBI is in a contractual relationship with its customers, according to the RBI Master Circular, its CPIO cannot claim the protection of "fiduciary" relationship which is a trust-based relationship and has nothing to do with the banking business.

"This position has been clearly explained by the Supreme Court of India. More importantly, when the Finance Minister has repeatedly said that EB scheme is 'engineered' to make political party funding more transparent, then, is there not a duty to the public to disclose?

"As the CPIO seems to believe otherwise, it is necessary now to bring the duty of disclosure, 'under compulsion of the law', namely through the procedures of the RTI Act," Nayak said.

Even worse, is the CPIO's claim that all reports sent to the government and the RBI regarding the sale and redemption of the bonds are also covered by "fiduciary" relationship, he said.

The government had notified the Electoral Bond Scheme 2018 on January 2, 2018 which allows a citizen to buy these bonds from the State Bank of India for extending donations to political parties.

The Electoral Bonds shall be encashed by an eligible political party only through a bank account with the authorised bank, the government has said in a statement.

Electoral Bonds shall be valid for fifteen days from the date of issue and no payment shall be made to any payee political party if the Electoral Bond is deposited after expiry of the validity period, it said.

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News Network
January 7,2020

New Delhi, Jan 7: When a reign of terror was unleashed by "masked goons" in the Jawaharlal Nehru University (JNU) on Sunday, Delhi Police registered two cases against varsity students union president Aishe Ghosh, who was badly injured in the attack, within a span of five minutes.

The registration of cases on two separate complaints against Ghosh and other students filed by JNU security department on January 3 and January 4 were registered on Sunday night when the violence was on, triggering questions about the motive behind the timing.

While the FIRs against Ghosh and others were registered between 8.44 pm and 8.49 pm after the JNUSU president was admitted to AIIMS, an FIR on the Sunday violence was registered on Monday at 5.36 am against unknown persons. The Sunday violence case has been transferred to Crime Branch for further investigations.

Questions are being raised over the registration of FIRs on Sunday while the complaints were filed on the previous days. Students allege that it was an afterthought from the police and authorities, as a nationwide outrage erupted as soon as the violence was reported.

Delhi Police is under attack for not coming to the aid of students targeted by the mob of ABVP activists armed with iron rods and sticks who went on a rampage on the campus. While no single person in the Sunday violence was arrested, the police are also accused of being a "mute spectator" by allowing the rioters to leave the campus without being arrested.

In its complaints, the JNU Security Department has alleged that Ghosh and others entered into a verbal and physical scuffle with security guards, including women, when officials tried to open the Centre for Information System (CIS) that was blocked by students protesting against the fee hike and registration process.

While the January 3 complaint claims that the students switched off the power supply to the CIS and evicted staff forcefully, the January 4 complaint alleged that they damaged the information system.

They also claimed the students damaged the servers, made it dysfunctional, severely damaged optic fibre cables and broke the biometric system in the CIS. The complaint also cited a Supreme Court order that prevented any protest within 100 metres of Administration Block and claimed the students violated the direction.

The FIR filed on Sunday violence on the basis of the statement of Inspector Anand Yadav said that the first phase of violence was reported at 3.45 pm when "40-50 unidentified" people who had "covered their faces" attacked students in Periyar Hostel and the situation was brought under control.

However at around 7 pm, "50-60 people with rods in their hands" targeted students in Sabarmati Hostel in which students were attacked and public property destroyed.

The FIR said that students were injured but skipped the mention of the attack on teachers, who were injured. At least two faculty members Sucharita Sen and Ameet Parameswaran were taken to AIIMS while several other teachers suffered minor injuries.

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News Network
January 27,2020

Jan 27: Bidders for Air India Ltd. will need to absorb $3.26 billion of its debt, as Prime Minister Narendra Modi’s administration tries once again to sell the national carrier.

The entire company will be sold but effective control needs to stay with Indian nationals, according to preliminary terms published Monday. Bids are invited by March 17 with Ernst & Young LLP India as transaction adviser.

Air India, which started in 1932 as a mail carrier before winning commercial popularity, saw its fortunes fade with the emergence of cutthroat low-cost competition. The state-run airline has been unprofitable for over a decade and is saddled with more than $8 billion in debt.

Indian regulations allow a foreign airline to buy as much as 49% of a local carrier, while overseas investors other than airlines can buy an entire carrier. The government didn’t find a single bidder when it tried to sell Air India in 2018.

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News Network
June 17,2020

New Delhi, 17: Tensions on the Indo-China border have spiked to the highest since 1962 after over 20 troops, including an Indian commanding officer, were killed in the face-off in Galwan valley that has seen a six-week long standoff underway with the Peoples Liberation Army.

The Army said that the soldiers – including the Commanding Officer of 16 Bihar regiment in charge of the area – died while a `de-escalation process’ was underway. Sources said that this death toll could rise up as some soldiers are currently not accounted for after PLA troops attacked with spiked sticks and stones in the Galwan valley.

Chinese side also has casualties but the number is still not known. The Indian death toll is perhaps the worst single day loss in decades and has come at a time when thousands of troops are forward deployed in Eastern Ladakh.

ET was the first to report on May 12 about a massive troop build up in the Galwan valley, which is an old flashpoint that had seen action in the 1962 war as well.

There have been reports of casualties on the Chinese side in the clash but numbers are currently not available. Worryingly, information from the ground suggests that several Indian soldiers, including four officers, are missing and could have been taken captive by a vastly larger Chinese force. Their status is still not known.

“During the de-escalation process underway in the Galwan Valley, a violent face-off took place yesterday night with casualties. The loss of lives on the Indian side includes an officer and two soldiers. Senior military officials of the two sides are currently meeting at the venue to defuse the situation,” an Indian Army statement reads.

The Ministry of External Affairs said that the clash occurred when the Chinese side violated the LAC. “On the late-evening and night of 15th June, 2020 a violent face-off happened as a result of an attempt by the Chinese side to unilaterally change the status quo there. Both sides suffered casualties that could have been avoided had the agreement at the higher level been scrupulously followed by the Chinese side,” a statement reads.

The loss of the Commanding Officer is especially devastating and he had been directly involved in de-escalation talks with the Chinese side, including one hours before the clash took place. Sources said that the talks on Monday morning had led to an agreement for Chinese forces to withdraw from Indian territory as part of the disengagement.

According to one version, the CO had gone to the standoff point with a party of 50 men to check if the Chinese had retreated as promised. As the Indian side proceeded to demolish and burn illegal Chinese structures on its side of the LAC, including an observation post constructed on the South bank of the river, a fresh stand off took place as a large force of Chinese troops returned back.

Sources said that a Chinese force in excess of 250 quickly assembled near Patrol Point 14 and were physically stopped by Indian soldiers from entering Indian territory. Soldiers from both sides did not use firearms but the Chinese soldiers carried spiked sticks to attack.

Given the terrain of the region, a part of the standoff and clash took place in the middle of the Galwan river that is currently flowing at full spate, leading to high casualties as injured soldiers got swept away. Indian soldiers have to cross the Galwan river at atleast five points to reach PP 14, which marks the LAC.

Chinese media reports on Tuesday quoted the spokesperson from its Western Theatre Command as laying claim over the Galwan valley region and blaming the Indian side for the clash. Reports quoted Col Zhang Shuili as saying that India has violated the consensus made during Army commander level talks.

As reported, Galwan river area has a painful history with China, with Peoples Liberation Army (PLA) soldiers surrounding a freshly set up Indian Army post in July 1962, in what would be one of the early triggers to the Sino-Indian war. At an Army post that was overrun at Galwan, 33 Indian soldiers were killed and several dozen taken captive in 1962.

In the past, the Doklam crisis in 2017 saw tensions building up along the Pangong Tso lake as well with soldiers engaging in a fight with sticks and stones. However, the Eastern Ladakh standoff is of a much more serious nature, with over 6000 Chinese troops lined up with tanks and artillery, faced off with a larger Indian forces. Troop build up has also been reported across the borders in Himachal Pradesh, Uttarakhand, Sikkim and Arunachal.

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