Nair concealed facts from Cabinet on Antrix deal: CAG

May 16, 2012

NairNew Delhi, May 16: Things have got tougher for the former Secretary of the Department of Space and former ISRO Chairman, G. Madhavan Nair, with the Comptroller and Auditor-General also finding fault with the way the Space Department, under his stewardship, went about the deal between ISRO's Antrix Corporation and the Bangalore-based private firm, Devas Multimedia.

Calling the Antrix-Devas agreement a “classic case of public investment for private profit,” the CAG, in a report tabled in Parliament on Tuesday, noted that Mr. Nair failed to convene meetings of the INSAT Coordination Committee as its Chairman and as a result, the concerns of key stakeholders, represented through the Secretaries of different Ministries and Departments, were “effectively blocked off” in the decision-making process.

“The Department of Space [under Mr. Nair], in its eagerness, went beyond its remit as laid down in the Allocation of Business Rules [of the government], concealed facts from the Union Cabinet and violated numerous rules, policies, and procedures.”

The department took upon itself the task of approving the new hybrid S-band DMB service, which, as in the case of DTH services, was the prerogative of the Union Cabinet. “Valuable spectrum frequencies, including 10 MHz, were to be reserved for strategic purposes, [but] were earmarked for Devas without obtaining approval of the Wireless Planning and Coordination [WPC] wing of the DoT [Department of Telecommunication].”

Likewise, the report noted, the Space Department had “suppressed” the crucial fact that it had already signed an agreement with Devas, while seeking Cabinet approval for the launch of the GSAT-6 satellite, and also failed to inform the Cabinet that GSAT-6 and 6 A satellites, proposed to be funded from the government budget, were to be used almost entirely by a private commercial entity.

“To avoid the obtaining of approval of the Cabinet, the DoS [Department of Space] estimated the cost of GSAT-6A, the subsequent satellite of a similar configuration after GSAT-6, at Rs. 147 crore so that it fell within the financial competence of the Space Commission [though] the first GSAT-6 satellite had been costed at Rs. 269 crore.”

It also complained that Devas was extended a host of benefits to promote the interests of the U.S.-based private consultancy firm, Forge Advisors, which had set up Devas, including earmarking for it 70 MHz of S-band spectrum for an indefinite period of time, ignoring its revenue potential to the government.

“Subsequent events like the auction of 3G in which the government received Rs. 67,719 crore and the auction of Broadband Wireless Access where the government received Rs. 38,543 crore revealed that the possibility of obtaining commensurate amounts for providing this commercial service was never explored.”

The Antrix-Devas pact also “cherry-picked” from two different models in a way that it extended maximum benefits to Devas, the report said and complained that the Space Department “further went on to revise the contract to ‘reassure the investors' so that even before engaging in any trading, manufacturing ground segment development activity and rolling out of any service, it could raise Rs. 575.6 crore from foreign investors.”

Noting that there was need for the government to ensure that there was no conflict of interest so that fundamental integrity of decisions, departments and the government was not undermined, the CAG said that in the case of the Space Department such an issue was evident in the multiple roles exercised by Mr. Nair.

“As Chairman, ISRO, he appointed the Shankara Committee to examine the proposals of Forge Advisors. As Secretary, Department of Space, he submitted a note to the Cabinet, in which critical facts were concealed. As Chairman, Space Commission, he chaired meetings where approval to GSAT-6 and 6A were accorded.”

The CAG noted “the public interest and those of the government were sacrificed to favour a private consultancy firm, which was promoted by Sh D. Venugopal and Sh. M.G. Chandrasekhar, retired employees of the ISRO.”

“The Antrix-Devas deal,” it said, “is a classic instance of failure of the governance structure in which selected individuals, some serving and some retired public servants, were able to successfully propel the agenda of a private entity by arrogating unto themselves powers which they were not legitimately authorised to exercise.”

It also pointed out that “in the parliamentary system of government, the Cabinet has a role of centrality in the exercise of executive power. The fact that a group of individuals was able to conceal facts and side-step the Cabinet is a testimony to the extent of abuse of the trust reposed in them. This needs to be addressed.”

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News Network
March 9,2020

New Delhi, Mar 9: A war of words broke out between the BJP and the Congress on Sunday over the Yes Bank crisis with the ruling party seeking to link it with the Gandhi family, while the opposition wondered if the prime minister and finance minister were "complicit" as the bank's loan book grew manifold.

Posting on Twitter a clip of a news channel report that Rana Kapoor, the arrested Yes Bank founder, had bought a painting from Congress leader Priyanka Gandhi Vadra, BJP's information and technology wing in-charge Amit Malviya alleged that every financial crime in India has "deep links" with the Gandhis.

The Congress dismissed the charge "fake" and called it a "diversionary" tactic.

It said Priyanka Gandhi had sold an M F Hussain painting of her father Rajiv Gandhi to Kapoor for Rs 2 crore, and the entire amount was disclosed in her income tax return of 2010.

Malviya tweeted, "Every financial crime in India has deep link with the Gandhis. Mallya used to send flight upgrade tickets to Sonia Gandhi. Had access to MMS (Manmohan Singh) and PC (P Chidambaram). Is absconding. Rahul inaugurated Nirav Modi’s bridal jewellery collection, he defaulted. Rana bought Priyanka Vadra’s paintings."

Congress' chief spokesperson Randeep Surjewala asked how does an M F Hussain painting of Rajiv Gandhi sold 10 years ago by Priyanka Gandhi to Yes Bank owner Rana Kapoor and disclosed in her tax returns connect with unprecedented giving of loans of Rs 2,00,000 crore in five years of the Modi government.

"More so, when (Kapoor's) proximity to BJP leaders is well known," he said.

Rubbishing the BJP's allegation, Congress spokesperson Abhishek Manu Singhvi at a press conference said it was a "diversionary" tactic by the government.

He noted that the bank's loan book rose from Rs 55,633 crore in March 2014, the year Narendra Modi became prime minister, to Rs 2,41,499 crore in March 2019.

"Why did the loan book rise by 100 per cent in two years after demonetisation i.e from Rs 98,210 cr in March 2016 to Rs 2,03,534 ar in March 2018? Were PM and FM sleeping, ignorant or complicit?" he asked.

The entire amount Priyanka Gandhi had received was in cheque and was fully disclosed in the income tax return, Singhvi said.

Surjewala, taking to Twitter, said instead of diverting from the real issue of people's money sinking into a bad bank, should not the government answer questions like how did loans given by Yes Bank rise from Rs 55,633 crore in March 2014 to Rs 2,41,499 crore in March 2019, an increase of almost Rs 2,00,000 crore in fiver years of the Modi government.

Why did the loans given by Yes Bank rise by a whopping 100 per cent in just two years after demonetisation, he asked.

Surjewala also questioned why did the prime minister address a conference sponsored by Yes Bank on March 6 despite the RBI moratorium.

"Why did the Haryana BJP government deposit over Rs 1,000 crore in Yes Bank a month ago, knowing that it was sinking? Is this figure Rs 3,000 cr? Did Fadnavis government in Maharashtra make similar deposits?" Surjewala asked.

"Of course, the government's media proxies won't dare to ask these questions. But the nation wants to know!" he said in a series of tweets.

Kapoor, 62, was arrested by the Enforcement Directorate in Mumbai after charges of alleged financial irregularities and mismanagement in the bank's operations surfaced and the RBI and Union government initiated action to control its affairs.

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News Network
January 31,2020

Jan 31: Twenty-three children aged between six months and 15 years, who had been taken hostage by a murder accused after inviting them to his daughter's birthday party, were rescued late on Thursday night after police killed their captor in a village here.

The hostage drama began at Kasaria village in the afternoon and continued for about eight hours.

"The accused was killed and there were about 23 children who were rescued safely," Additional Chief Secretary (Home) Awanish Awasthi told reporters at a hurriedly called press conference at 1.20 am.

"The accused had invited the children for the birthday party of his daughter and held them hostage. It started about 5.45 pm on January 30 and continued for about eight hours," Director General of Police (DGP) O P Singh said, adding that in the entire operation they had tried to "engage" the accused and were successful.

He said the accused, identified as Subhash Batham, had initially released a six-month-old girl by handing her over to his neighbour from a balcony.

Eyewitnesses said a restive crowd gathered outside the house where the children were kept with some women wailing and praying for their safe release.

The crowd broke open the door of the house to rescue the children, they said.

As the accused opened fire, the police retaliated killing him on the spot.

In the exchange of fire, the captor's wife was injured, but none of the children suffered any injury.

A man and two policemen also suffered bullet injuries.

The motive of the accused was not known immediately.

Chief Minister Yogi Adityanath monitored the situation in Farrukhabad, which is nearly 200 km from state capital Lucknow.

"The CM as soon as he got to know about the incident called a meeting of the crisis management group and personally monitored the situation and ensured children are rescued safely," Awasthi said.

Earlier, a team of NSG (National Security Guard) commandos had taken a special aircraft to reach Farukhabad, a senior security official in Delhi said.

Police said Batham, a murder accused, seemed to be mentally unstable.

Inspector-General of Police, Kanpur Range, Mohit Agarwal, said, "The man called the children for a birthday party and held them hostage in the basement of the house. He fired six shots from inside the building."

Batham initially wanted to talk to the local MLA, but refused to speak to the leader when he arrived, Agarwal said.

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News Network
July 24,2020

New Delhi, Jul 24: The Delhi High Court on Friday asked the ICMR to come out with a clarification that mobile number, government-issued identity card, photographs or even a residential proof ought not to be insisted upon for Covid-19 test of mentally ill homeless persons.

According to an Indian Council of Medical Research (ICMR) advisory of June 19, every person who was to be tested for Covid-19 has to provide a government-issued identity proof and should have a valid phone number for tracing and tracking the individual and his/her contacts.

A bench of Chief Justice D N Patel and Justice Prateek Jalan said that ICMR should issue a clarification by way of a circular or an official order that the identity proof, address proof and mobile number are not required for testing mentally ill homeless persons.

The high court said a camp can be organised for testing such persons as is being done across Delhi for others.

"Guidelines have to be given by you (ICMR). You put it in black and white for the states'' benefit. You only need to clarify in two-three lines that mobile number, address proof and identity cards are not required for testing mentally ill homeless persons," it said.

"Use your powers for the public at large. Once you do so (issue the clarification), all states will comply," the bench added.

Additional Solicitor General Chetan Sharma, appearing for ICMR, sought time to take instructions from the government regarding the observations made by the bench.

The high court, thereafter, listed the matter for further hearing on August 7.

The bench was hearing a PIL moved by advocate Gaurav Kumar Bansal seeking directions to ICMR and Delhi government to issue guidelines for Covid-19 testing of mentally ill homeless persons in the national capital.

Coronavirus India update: State-wise total number of confirmed cases, deaths on July 24

The high court on July 9 had asked the ICMR to consider the plight of the mentally ill homeless persons and see whether they can be tested without insisting upon a mobile number, government issue identity card and residential address proof.

The bench had said to ICMR that many homeless mentally ill persons are institutionalised or in shelter homes and therefore, traceable, so there was no need for their identity proof or phone numbers to test them for Covid-19.

In response to the court''s query, ICMR has filed an affidavit stating that the purpose behind the submission of government identity card and telephone number was to ensure proper tracking and treatment of positive cases and their contacts as ''Test/Track/Treat'' is the best strategy for control of Covid-19 pandemic. 

It further said that since health was a state subject, the concerned state health authority may consider adopting a suitable protocol to ensure that the strategy of ''Test/Track/Treat'' is followed and the grievance raised in the PIL is also addressed.

ICMR, in its affidavit, has said that it has only advised facilitating contact tracing as well as tracking of the Covid-19 infected patients.

"The modalities regarding the contact tracing as well as tracking of the Covid-19 infected patients completely falls under the domain of IDSP. NCDC and state health authorities. 

"ICMR is a research organization and the contact tracing, as well as tracking of the Covid-19 infected patients, is not under the domain of ICMR," it has said in its affidavit.

Bansal has claimed in his petition that the Delhi government has not taken seriously the lack of guidelines with respect to Covid-19 testing of mentally ill homeless persons.

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He has said the high court had on June 9 directed it to address the grievances raised by him in another PIL with regard to mentally ill homeless persons in accordance with law, rules, regulations and government policy.

He said that on June 13 he also sent a representation to the Chief Secretary of Delhi government for providing treatment to mentally ill homeless persons in the national capital who have no residence proof. 

However, nothing was done by the Delhi government, he had told the court.

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