Firoz.T.Totanawala The Bangalore Metro Reporter BAIL THE CAT OUT TAINTED BIG WIGS HUNT FOR FREEDOM LICENSE- BAIL

Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 BAIL ME OUT! 

TAINTED BIG WIGS HUNT FOR FREEDOM LICENSE- BAIL 

 Arguably, the hottest topic on block now is bail. The word ‘bail’ issue has seen many ‘royal’ legal battles in court for the last few months. 

 It all started with the arrest of A. Raja a former Telecom Minister in the 2G spectrum scam. Leading legal luminaries fought for days to get bail for Raja. The court refused it and as such he is in the Tihar Jail for the last several months. The next in Tihar Jail was Kannimozhi, MP and daughter of DMK Boss M. Karunanidhi. She too was not given bail by the CBI court. 

 Then, Suresh Kalmadi, joined Raja - Kannimozi in Tihar Jail after being arrested by the CBI in the CWG scam. It is at the same time that Hasan Ali, who is charged with cheating Income Tax to the tune of 70,000 crores, was behind bars. For once, his brilliant lawyers succeeded in securing bail from High Court but before the ink dried on the order, the Supreme Court stepped in and sent him back to jail. 

 With politicians making a beeline to the Jail, the need for ‘bail’ has become paramount. The other day, Amar Singh the hi-fi power broker who was a godfather to the big names in politics - business - films etc. too went to Tihar Jail. It was Amar Singh who saved Amitabh Bachan, Anil Ambani of Reliance and even Manmohan Singh’s Government in 2008. And now, he too is fighting for bail. 

 Back home, two former Chief Ministers B. S. Yeddyurappa and H. D. Kumaraswamy with their family members are fighting with their back to the wall to get anticipatory bail from the High Court. Earlier to this, Katta Sumbramanya Naidu and his son Katta Jagadish who are also in the Jail for the last one and half months, have also been hopping and popping to secure bail. 

 Politicians who took any case against them lightly can no longer show such confidence level despite having best legal brains of the country backing them. Yedurappa was uttering bravados ever since the Governor sanctioned his prosecution early in January this year. He was the CM and made political capital out of it and the BJP even observed ‘State Bundh’ against Governor’s sanction. Since then Yedurappa also successfully blocked the course of law. First he obtained a ‘stay’ from High Court against the court’s order to Lokayukta police to probe the charges. Later he challenged the sanction of the Governor itself. He engaged the services of legal ‘greats’ like Ram Jethamalani etc. to argue his case. 

 But to his dismay, the High Court vacated the stay and dismissed the petition challenging Governor’s sanction. Then Yedurappa fearing arrest and subsequent lodging in central Jail applied anticipatory bail. And when that too did not yield results, he tried to get exemption from the appearance on health grounds. Finally, he along with his family members had to appear in the court along with a battery of leading lawyers in state. The court has to hear the arguments and counter arguments and one does not know whether Yedurappa & Co. will get the bail or go to jail. 

 Similarly H. D. Kumaraswamy and his wife Anitha Kumaraswamy were summoned by the court over a criminal case filed by a set up advocate by the BJP in retaliation to Kumaraswamy’s exposure of Yedurappa scams. Kumaraswamy used to boast that he will face the court and come out unscathed! But when the court issued the summons, he was indeed in panic. 

 However, while Kumaraswamy and his wife were fortunate enough as they got anticipatory bail from the High Court, Yedurappa has no such relief as yet. Though he is desperately trying all possible options and indulging in delay tactics, one will have to wait with crossed fingers over the fate of Yedurappa and Family’s bail or jail outcome. 

 To crown all these, Janardhana Reddy, who remote controlled the State’s BJP Government was arrested by the CBI in the mining scam. He was taken to Hyderabad and remanded to judicial custody while a dozen leading lawyers were present in full steam to got bail for him. There are all the chances of other Reddy Brothers too getting arrested by the CBI. Jaganmonah Reddy, the son of former AP Chief Minister Y. S. Rajashekara Reddy is also facing the threat of arrest by the CBI in the Supreme Court cleared CBI probe in the disproportionate assets case. He is also involved in Janardhana Reddy’s business ventures and may be arrested in this case also. 

 As such everybody, of course, not ordinary people who face the threat of arrest are moving earth and hell to avoid getting lodged in jail. They are prepared to do anything to avoid jail going. Interestingly, the Supreme Court has made it clear that bail is a right and jail is an exception. But, still our ‘Netas’ who commit day light robbery to make billions are all struggling for securing the bail. However, of late they have been denied bail and given ‘jail’ much to the satisfaction of Democracy and its subject. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE PAID VACATION CHARGE SHEETED IC- H N KRISHNA APPLIES LONG LEAVE INSTEAD OF RESIGNATION

Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE PAID VACATION 

CHARGE SHEETED IC- H N KRISHNA APPLIES LONG LEAVE INSTEAD OF RESIGNATION! 

 The former KPSC chairman and presently Information Commissioner HN Krishna has filed an anticipatory bail in the High Court over the criminal cases filed against him by the CID in respect of irregularities committed by him in KPSC. Simultaneously, he has also applied for a long leave swearing to come back as the Information Commissioner after clearing the cases. But this is only a wishful thinking as the High Court monitored CID probe has made out a strong case against him. In the event of long leave, the tax payer’s money is wasted for paying salary and other perks to H. N. Krishna. The honourable way for him is to resign from the IC post to avoid further humiliation. 

 H. N. Krishna was nominated to the KPSC as a Member from the Vokkaliga quota and later was made the chairman of KPSC. He, as a chairman of KPSC, enjoyed the cabinet rank perks and facilities. After retiring from the KPSC Chairman, though unconstitutional, he succeeded to become an Information Commissioner through manipulation. However, his manipulations in KPSC, while he was the Chairman could not be forgotten. He is alleged to have played a manipulative role in the selection of KAS candidates. 

 The High Court was hearing the petitions of candidates who were denied selection to KAS because of corruption, manipulation etc. It directed the CID to probe the scam. While, H. N. Krishna used all his influence to weaken the probe and safeguard himself, it all went in vain. At last, under the fear of inviting High Court ire, the CID police have filed charge sheet against H. N. Krishna under various sections of criminal law which includes cheating, fraud etc. Now that the probe is conducted by the DIG, one can be sure of skeletons in H. N. Krishna’s cupboard tumbling out. One can bet their last pie to the CID probe digging out many more scams and H. N. Krishna following the footsteps of Punjab PSC Chairman who was raided and the subsequent unearthing of crores of rupees. 

 H. N. Krishna genuinely apprehended the arrest and subsequent lodging in Parappana Agrahara. So, he has filed an anticipatory bail in the High Court. Decency and public probity demanded H. N. Krishna to resign from the post of Information Commissioner, but, he is still stuck with it. 

 Of course, it is another matter that H. N. Krishna can not be easily removed from the IC post. It needs Governor’s reference to the Supreme Court and it is a long process which may take months. Despite the helplessness of the Government, there were pressures on H. N. Krishna to quit. Even the other ICs were not favouring a charge sheeted person among them. 

 Unable to withdraw the pressure, H. N. Krishna, instead of resigning announced going on long leave and making a tall statement that he will assume the duties as IC after clearing his name! This is simply absurd. His term as IC expires in a few months and the case will be dragged for another two or three years. 

 To put it simply, taxpayer’s money will be used to pay the salary and perks to H. N. Krishna for not doing any work as he is on long leave. There are no chances of him getting back to the IC. And this simply means that he will be enjoying the perks and privileges as IC despite having criminal charges and that too without working. 

 Definitely and frankly, nobody wants H. N. Krishna to go on long leave, but wants him to resign. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter HUNTING THE HUNTER WHO IS TO JUDGE THE JUDIACIARY

Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

HUNTING THE HUNTER!

WHO IS TO JUDGE THE JUDIACIARY! 

 In a matter of one month, the Chief Justice of Sikkim and West Bengal High Courts have tendered their resignations facing ‘impeachment’ from the parliament.

In fact, Soumitra Sen of West Bengal has created history becoming the first judge to be impeached by the Rajya Sabha. He escaped further humiliation of removal by resigning from the post just four days before the impeachment motion came up in the Loksabha. Similarly, P. D. Dinakaran escaped humiliation by resigning before the motion came up in the Rajya Sabha. After resigning, Dinakaran smartly tried to withdraw the resignation after the probe committee was dissolved subsequent to his resignation, but in vain. 

 The above two episodes are simply the tip of the iceberg. Former Chief Justice of India and presently the chairman of the NHRC, K. G. Balakrishnan, is also facing corruption charges. One can list out many such instances suffice to say that the judiciary is no more a “Temple of Justice” as conceived. But there is nothing one can do to fight corruption in judiciary. 

 Our constitution makers never dreamt of corruption seeping into judiciary. So, they kept it on a high pedestal and prevented any criticism of judiciary by treating it as ‘Contempt of Court’. Shanthi Bushan, a former Law Minister and a senior counsel in the Supreme Court himself is facing contempt of court proceedings for making a statement that sixteen former CJIs in the recent past had given ‘suspicious’ judgements! He had filed an affidavit by giving the names of the CJIs in a sealed cover to the Supreme Court and nobody to this day knows the names of the CJIs who have given suspicious judgements. 

 The judges of the High Court and Supreme Court know well that no action can be initiated even if they do illegal things due to the protection of the constitution. Even the Supreme Court can not remove a judge of the High Court, let alone the Supreme Court judge, even if the charges of corruption, nepotism, favouritism etc. are proved! These judges can only be removed through an impeachment motion in the parliament and that too by three fourth majority. Except the rarest of rare case of Soumitra Sen, the parliament has not impeached a single judge. In fact, now, with the resignation of Soumitra Sen, the impeachment motion in the Loksabha too becomes infraction! 

Of course, the judges are humans and tend to commit mistakes. But, when they commit blunders intentionally under pressure or inducements, it is clearly a slap on the integrity of the judiciary. For example, the Punjab High Court judge is alleged to have upheld the acquisition of large extent of lands by the owner of Resort meant for ‘rich’, after he was given membership and share. There is another judge who is accused of taking 20 lakhs in a case of PF scam and the judge is now given an anticipatory bail. 

 Arguably, nobody can expose the misdeeds of the judiciary as the contempt weapon stands as a strong and unbreakable wall. The Mysore Resort episode is a shining example for this great barrier. Many newspapers exposed the Mysore Resort scam where in few judges were charged with undesirable activities. Most of the newspapers were summoned to the High Court after slapping contempt notices and some editors have apologised and the matter is in the Supreme Court for the last three years. 

 Why go far? The advocates of Karnataka High Court protested the Chief Justice P. D. Dinakaran’s posting and held a series of protests charging him with corruption and nepotism. The Supreme Court could not do much except ‘requesting’ Dinakaran to go on a long leave. Dinakaran applied long leave and then suddenly cancelled it and assumed the duty. The Supreme Court later ‘requested’ him not to sit on the Bench and for almost six months, Dinakarana worked as a Non-working CJ limiting himself to administration. Even here, there were allegations of his manipulation in allocation of works to judges. Finally, he was shifted to Sikkim High Court amidst the stiff opposition from the Bar. The rest is history. 

 Apparently, many sitting judges of the High Court have obtained big sites in the Karnataka Judicial Department Employees Housing Society, even though they are ineligible for the simple reason that they are not the employees of the Judicial Department. Even some Supreme Court judges have got the sites in this layout. Most importantly, the Housing Society itself is the epicenter of scams including forgery and fabrication by the office bearers. But no action is contemplated against the judges for the last several years. 

 The question now is - who will judge the judiciary? One wonders whether one can get the answer as long as the sword of contempt hangs over one’s head. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE BAD ROAD FOR A GOOD CAUSE ANNA MOVEMENT- A DANGEROUS TREND FOR DEMOCRACY

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE BAD ROAD FOR A GOOD CAUSE!

 

ANNA MOVEMENT- A DANGEROUS TREND FOR DEMOCRACY 

 Anna Hazare has achieved a victory by forcing the government and the parliament to accept his demands. Despite strong reservations about Anna’s demands of enforcing his Jan Lokpal Bill, both the ruling and opposition parties held a special session agreeing to Anna’s demands so that he could end his fast. Anna Hazare’s unregistered NGO ‘Civil Society’ comprising of half a dozen retired officials and advocates have held the government and the parliament to ransom to achieve their goal. The Anna movement ably assisted by a large section of the electronic media, and print media is definitely a threat to the constitution and sovereignty of the country. 

 Nobody in his senses supports corruption but given the helpless situation one is in, they end up throwing their hands in despair. Corruption is not limited to Government officials and politicians, but rather the entire society including the Media is corrupt. 

 However, the society has been making efforts at curbing corruption. First it was Anti Corruption Bureau, then, it was vigilance commission and now Lokayukta’s and Lokpal. The Lokayuktas look after the corruption charges in the State Government and Lokpal is to look after Central Government. While many states have established Lokayuktas, the Central Government is yet to establish Lokpal. 

 It is this Lokpal that has become the epicenter of Anna Hazare’s movement. In the last twenty years, the Lokpal Bill was tabled in the parliament but for reasons unknown, it did not see the light of the day. Early this year, the UPA Government drafted a Lokpal Bill to fight corruption, but, the bill was not worth the paper it was typed. 

 It is at this point that Anna Hazare, a social worker from Maharashtra with some Gandhian values, came to the fore. He demanded a strong Lokpal Bill and soon a few self styled intellectuals like Arvind Kejrival, an RTI activist, Shanthi Bhushan, a former law minister, Kiran Bedi, a former police official, Swami Agnivesh etc. surrounded him. They convinced Anna to take the fight to the national level. Very soon, a draft ‘Jan Lokpal Bill’ was drafted by Shanthi Bhushan and his son Prashant Bhushan and they took the help of the Lokayukta Santosh Hegde who was hunting big fishes in Karnataka. 

 Once the draft was ready, Anna announced his ‘fast unto death’ demanding the implementation of his ‘Jan Lokpal’ bill. The managers of Anna movement had meticulously planned to create publicity hype by enrolling the services of few media channels and newspapers. The fast by Anna was sensationalized and Anna’s team started styling themselves as representatives of civil society. 

 Anna who is not even a matriculate does not understand the law or its implications and therefore the caucus around him completely took control over him and he literally has become a captive of the caucus. The caucus made him to announce fast unto death in Delhi from 16th August if his Jan Lokpal Bill was not introduced and accepted by the parliament. It is a common knowledge that by any stretch of imagination, the same could not be done as there are procedures. But, Anna made it plain that his Jan Lokpal Bill must be passed by the Parliament by August 30. 

 The electronic media, most of which were controlled by MNCs became a stake holder in Anna movement and instigated the people to back Anna movement. People who are helplessly suffering the cancer of corruption readily backed him. Anna’s caucus ensured that the movement spread to all cities and towns in the country. The media played the role of instigator and every move, every word and every gestures of Anna was played to the gallery. Anna was painted by the electronic media as the new avatar of Mahatma Gandhi. The RSS also entered the fray by supporting Anna. ABVP, the student wing of RSS, was romped in to get the school and college students to participate in the movement. The caucus used the hi-tech means like Face book, Twitter etc. to spread the movement among the educated youths. 

 The Government on its part tried its best to negotiate with Anna, but it was not allowed to talk to him directly and only Kejrival, Kiran Bedi and Prashanth Bhushan were available on his behalf. It is another matter that there was strong opposition to Anna team’s movement by many prominent people, but Anna team was adamant. 

Anna continued his fast declaring that he will not end until his Jan Lokpal Bill is passed. The Anna team was not prepared to let the parliament debate the bill, referring to the Standing Committee and following other constitutional procedures. These demands of Anna team are definitely anti democracy. How one can dictate terms to the Government and parliament? They even asked their supporters to lay seize to MPs houses to force them to fall in line with Anna’s Jan Lokpal Bill. Finally, the Government and the opposition bowed to the pressure tactics, nay, sheer black mail of Anna team and held a special session of the parliament and agreed for incorporating Anna’s Jan Lokpal Bill! Even here, 

Anna team wanted the parliament to pass the resolution agreeing for Jan Lokpal Bill. But some of the veteran parliamentarians realised Anna team’s design and refused to accept this demand. Even the Government was not prepared to subvert the democratic and constitutional values to appease Anna who had completed 12 days of fasting. It was only on a humanitarian reason that is to save his life, the parliament, under pressure debated the issue and decided to go for a stronger Lokpal Bill. And Anna ended his fast. 

 Unfortunately, the fight against corruption has turned to be a fight against constitution and this is a very danger trend. Frankly speaking, thousands of people who participated in the agitation do not know for what purpose they backed Anna. Except knowing that Anna is fighting corruption, they do not know what actually Anna team wanted and how they would fight corruption! For thousands of college students who participated in the agitation it was merely a merry time. 

 Anna and his team cared two hoots for the office of the PM and the parliament. Manmohan Singh personally wrote a letter to Anna to end his fast assuring to do the needful over his demands and even the Parliament appealed to him to end the fast, but, Anna remained stubborn. He only listened to half-a-dozen of his close followers. He showed disrespect to the PM and even the parliament which is the symbol of India representing 120 crore Indians. 

 Forget about all these. Anna and his team have arm twisted the democratic process to achieve their goal and there are chances of they resorting to similar stunts in future to further their vested interests. 

 The offshoot of Anna’s triumph over the democratic traditions will be very dangerous in future if people of standing follow Anna line of agitation. Whether Anna and his teammates like it or not, there are many popular leaders who command respect from the people. What if they resort to Annagiri to achieve their demands? 

 For example, there are many tall leaders who are leading the separatist movement in Jammu and Kashmir. What if they undertake ‘Fast unto Death’ demanding ‘Total Independence’ to Kashmir, would the Government accept it? It goes without saying that they may have some justifications just like Anna team who were treating their Jan Lokpal Bill as sacred, despite many serious flaws in the Bill. Similarly, some leaders may undertake fasting demanding a separate state. Can the Government oblige? 

 What if the ‘Central Government Employees Union’s leaders sit on fast unto death, demanding repeal of Lokpal Bill? What if some fanatic Hindu organisations with some backing of few thousand people go for ‘Fast unto death’ demanding scrapping of minority status to Muslims and Christians, what will the Government do? 

 These people can create media hype. With the involvement of willing media both print and electronic, they can whip up emotions and even create law and order problems. What can one do in such cases? The way in which the Government surrendered before Anna and his team, has set a bad precedent. 

 Forget about it. Will the Jan Lokpal Bill ease out corruption? Arguably, it is only a mechanism to fight corruption. It is not the end but only the beginning. To eradicate corruption, the mindset of the people has to change first. Moreover the bill only scopes the corruption in Government department and corruption is not limited to Government employees and politicians. When compared to the corruption in corporate and other institutions in private sector including the NGOs, the corruption in Government pales into insignificance. It is indeed the private companies in the making and the volume and intensity can be understood with the 1.75 lakh crore 2G spectrum scam! Before we end, just please note that Anna and his team formed an NGO ‘Civil Society’ to fight against corruption. And interestingly or shockingly, their NGO itself is unregistered. 

That is all.

Firoz.T.Totanawala The Bangalore Metro Reporter REDDY FOR THE FALL BELLARY EMPIRE GOING DOWN, REDDY CAMP IN TROUBLE

Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 REDDY FOR THE FALL 

 BELLARY EMPIRE GOING DOWN, REDDY CAMP IN TROUBLE 

 With the arrest of Janardhana Reddy, the Bellary Empire built by the Reddy Brothers has started crumbling. The mountains of money ‘mined’ by them may also soon vanish given the multifaceted and multidimensional attacks against them by various enforcement agencies. 

 The Andhra Pradesh Government had ordered a CBI probe into illegal mining by Reddy Brothers’ Obalapura Mining Company in December 2009 and very soon the CBI swung into action and raided the company’s and their offices after registering cases against them under various acts. The Reddys obtained ‘stay’ from the AP High Court and for over a year, the CBI could not move further. Finally the Supreme Court vacated the High Court stay in December 2010. 

 Alongside, the Income Tax officials also raided their premises and detected huge evasion. Interestingly, the Supreme Court also stepped in and constituted a Central Empowered Committee to probe the illegal mining and encroachments. The Reddys even moved to Supreme Court against the survey of their mines but their petition was dismissed. 

 Despite heavy odds, the Reddys continued their illegal mining even after AP and Karnataka banned it. They were powerful Ministers in Yedurappa Government and successfully safeguarded their business. On the contrary, Yedurappa made efforts to cut their wings by banning the mining in Karnataka and this ban also reached Supreme Court which allowed mining in the ‘undisputed’ areas. There is another controversy over this judgement by the Supreme Court judge who retired few days later. 

 The Lokayukta report on the mining scam has completely exposed in detail their clandestine operations of illegal mining and the total surrender of administration in the Mining Zone to their diktats. In fact, the Lokayukta described Bellary as ‘out of bounds’ for the State Government as the Reddy camp has converted it into their personal empire and declared it as ‘Republic of Bellary’ where the law of the land has no value and only the law made and unmade by Reddy Brothers held sway. 

 The Reddy camp was under the impression that nothing in the world could dislodge them. Their boss Janardhana Reddy was painted as the Modern Krishnadevaraya! Despite many investigating agencies revealing stories of their illegal mining and other frauds, they openly proclaimed that they are honest and truthful as Satya Harishchandra and are 24 carat gold! 

 But while the Lokayukta had also indicted Yedurappa in the Mining scam, the BJP High Command was forced to force Yedurappa to resign and consequently his cabinet was dissolved. The Reddys made strong efforts to become the Ministers again in the successive Sadananda Gowda cabinet but were told to first come clean out of the Lokayukta charges. They now desperately needed power else they cannot defend and survive in business since they were under the combined pressure of CBI, IT, ED, CEC and even Lokayukta probes. They therefore decided to strike. There were also reports of Reddys floating a regional party and aligning with Jagan Mohan’s party in AP to demand formation of a new state. 

 Everything was going in their favour as MLA Sriramulu resigned as per the plan and went to Chamundeswamy Temple in Mysore to start his Swabhimana Yatra. But there, he received the shocking news of CBI arresting Janardhana Reddy. The CBI knew their power and clout and therefore meticulously planned the arrest. Now, Janardhana Reddy who lived a life of ten star Luxury is in Jail as an ordinary under trial and the other members of Reddy camp like Karunakara Reddy, Sriramulu and Somashekara Reddy are all in the ‘queue’ to be arrested by CBI sooner or later. 

 The CBI has freezed Janardhana’s Bank accounts and his wife who draws annual salary of Rs. 18 crores from OMC and is the major partner of most of their business fronts may also face arrest. It is another matter that Janardhana Reddy may get bail as leading legal brains are working overtime for his release. 

 Whatsoever, the Reddy Brothers can never return to mining and their political business may not be bright. Besides, if the Government orders recovery of the loss caused by them through illegal mining and impose penalty which is four times the loss amount, they will be finished. In one particular instance, the loss caused by them is estimated as Rs.7500 crores. 

 From all the corners, the Reddys are doomed and their ‘illegal’ empire has already started crumbling! The moral in this story is- Money, Muscle, political power and the consequent arrogance and audacity does not last long. As they say, whatever goes up should come down, so is the reality of Reddys. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE MACHINISED FRAUD THE STORY OF ATM FRAUDS

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE MACHINISED FRAUD THE STORY OF ATM FRAUDS 

 While ATM Machines have become common to the world, ATM frauds too have become common around the world. Everywhere there are innocent ATM users who suffer due to the fraudsters who turn out to be smarter over the negligence of the users. 

 We had carried an article in our last issue on ATM Fraud where in Rs. 38000/- were withdrawn from a persons account in a span of seven minutes from the same ATM where the victim made his withdrawal. The case was filed and the CCTV image from the Bank was awaited. 

 Then, after obtaining CCTV Images from Bank, Lokesh along with his relatives went to the ATM again and showed the images to security guard of the ATM. The security guard recognised the person in the image & told them that he has many accounts and often visits the ATM and also informed them the time of his visit. Lokesh & his group decided to wait. And the thief arrived in a Santro car. He stopped on the opposite 100feet road and came crossing the road without any suspicion. Like his daily job he went inside the ATM, then came out and waited for his hunt. One person then arrived at ATM and went inside for withdrawal. After he came out the thief immediately went inside and took a print out of the earlier person’s account’s balance which showed the balance of Rs. 17,500/-. Lokesh & group covered the ATM area and the thief realised this. Sensing that there may be some trouble he came out of the ATM and started running, but was out of luck this time. He was caught by the group and beaten up and dragged to Kamakshipalya police station. He admitted his crime and soon his family members approached to the police station and pleaded to Lokesh not to take any further action. They agreed to pay the amount and finally Lokesh decided to close the case and received his amount of Rs. 38,000 + 7,000 as compensation amounting to Rs. 45,000/-. The thief whose age was around 22 years was from an affluent family and is also working in finance department of a reputed company in Bangalore.

 THE TECHNIQUE OF FRAUDS 

 Ever wondered how ATM frauds take place? We have discovered from our sources and bring to you the most common manipulations undertaken by the fraudster in ATM frauds. Take a look and be careful and observant henceforth while using ATM’s. 

 The most common practice is fixing a duplicate key logging pad over the original plate and a magnetic strip reader on the card slot of the machine. Thus when one enters his pin code, it is entered on the duplicate logging pad and when one inserts his card in the slot, the magnesium strip reader records the codes of the card. 

 Then when a person leaves the ATM, the cheat removes back the additional logging key pad and the card strip and has the record of the card holder along with his pin. The strip can then be used as a card and the person can recover your password from the logging key pad. 

 Another common practice fraudsters follow is to insert a black colour x-ray film into the card insertion slot with edges folded so as to hold it on the slot. Then, when someone inserts the card it goes in but gets stuck in the inserted film strip. The person cannot also retrieve it as the film has sliced edges which do not allow the card to slip out and he thinks his card has been confiscated. 

 In such circumstance, the fraudsters turn up behaving as good Samaritans and offer to help. They ask you to enter your pin code and assure you that they have done it so on earlier occasions. But, when you enter your pin, the card still does not come out. They pretend to be trying hard to retrieve but fail. They then feel sorry for you and leave. Dejected, you also leave the ATM. Once you leave the area, they verify their safety and return to retrieve the card by pulling out the inserted filament. Now they not only have your card but also your pin code. 

 TIPS THAT MAY HELP YOU! 

 Be vigilant and observant in the ATM. As far as possible, use the same ATM for transactions. If there is any change in the surrounding, it will strike you easily. 

 Most commonly, the keyboards are set up within the body of the machines and not protruding above the base. If you find it protruding, beware yourself. The card slots are also within the body of the machines. If it is also extended than take caution. 

Check for any miniature camera that may capture you entering your pin code. Also shield your pin entering hand with another hand or paper or envelope. Better be cautious than be Sorry!

Firoz.T.Totanawala The Bangalore Metro Reporter SUED UP INFO COMMISSIONER H N KRISHNA CHARGE SHEETED BY CID MORALLY REQUIRED TO RESIGN CONTINUES ON POST

By.Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 SUED UP! 

INFO COMMISSIONER H N KRISHNA CHARGE SHEETED BY CID MORALLY REQUIRED TO RESIGN, CONTINUES ON POST! 

 H. N. Krishna, the former KPSC Chairman and presently one of the Information Commissioners, is facing a criminal case filed by the CID for his acts in KPSC scam. Once the charge sheet is filed by the CID against him, H. N. Krishna will lose any right over the post he holds now. It was morally expected for him to have resigned from the post the moment the CID filed the charge sheet. But he is thick-skinned and continues in the post. It is therefore time for the Governor to intervene and dismiss him from the Information Commission. 

 Fundamentally, the very basis of appointment as Information Commissioner is questionable. H. N. Krishna, after his retirement in 2006 as chairman of KPSC, made efforts to become the Information Commissioner. But there was a hitch. As per the constitution, a person who has worked as PSC member or chairman can not hold any public office except in UPSC. As such H. N. Krishna was not eligible to become Information Commissioner. Despite his ineligibility, H. D. Kumaraswamy, the then Chief Minister nominated him to the State Information Commissioner. 

 Whatsoever, the CID has caught him up for his involvement in KPSC scams. Now, once the CID files a charge sheet against him for criminal offences; one does not need the legal experts to say that H. N. Krishna should resign from the Information Commissioner post. But as H. N. Krishna is a thick skinned man and he is unlikely to oblige by resigning on his own. He is not prepared to let go of the post lest he may lose the fat salary and perks and the control over bureaucracy. 

 Further, it is also not easy to remove H. N. Krishna from the Information Commissioner’s post as he enjoys certain special protections. It is also not same as the High Command of BJP forcing Yedurappa to resign as the Chief Minister after the Lokayukta named him in Mining scam. In the case of Information Commissioner, only the Governor can suspend him and bar him from attending the office and again that is the most the Governor can do. H. N. Krishna knows this and therefore he is not prepared to resign. 

 On the contrary, there are many ways the Government can make him to resign on his own. The basic need is that the Government should show the will to take action against H. N. Krishna. It is another matter that his appointment as Information Commissioner was challenged in the High Court because of the constitutional bar on his appointment, but somehow, H. N. Krishna got away with it. But even now, the Government can invoke the constitutional provision barring anybody who worked as PSC Member or Chairman from holding any office of profit after retirement from the PSC. 

 Arguably, H. N. Krishna’s continuance as the Information Commissioner will be embarrassing to both the Government and the Government officials. How one can imagine a charge sheeted person presiding over the appeal cases? It is sheer non sense! It is time the Government wakes up and removes him from the post even if it meant making a reference to the Supreme Court.

Firoz.T.Totanawala The Bangalore Metro Reporter THE IRRATIONAL EQUATION KIRAN BEDI'S GOOF ANNA IS INDIA INDIA IS ANNA

By. Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

THE IRRATIONAL EQUATION! 

 KIRAN BEDI'S GOOF ANNA IS INDIA INDIA IS ANNA 

 History repeats itself and they say, that the second time, it is farce. This is exactly what had happened the other day. The celebrated former police officer Kiran Bedi, one of the leading figures of Anna Hazare movement, shocked the nation by raising a slogan “Anna is India and India is Anna”. And, Anna Hazare seems to be enjoying the slogan for he has not chided her for her ‘sweeping’ statement so far. 

 It may be recalled that during the emergency, the then AICC President, D. K. Barooaha had coined the slogan “Indira is India and India is Indira” while paying his ultimate respect to the then Prime Minister Smt. Indira Gandhi. While the slogan became synonymous with sycophancy of the highest order and a fossil of emergency era, he did during his last days, feel sorry for having coined the slogan. 

 Now, in 2011, Kiran Bedi has coined the slogan ‘Anna is India and India is Anna’, equating Anna Hazare with 120 crore population and the country! What is the service of Anna Hazare after all to equate him with the country and its people? For that matter, even Mahatma Gandhi who led the Freedom struggle and fought for social injustice was never equated with India. 

 Anna, after his retirement from the army is leading Gandhian way of life. He has formed NGOs for rural development in some villages in Maharashtra and was instrumental in molding some model villages. To sum up, he is a social worker with some Gandhian values. 

 On the contrary, there are hundreds of such social workers offering selfless services to the rural population in remote and tribal areas. Anna is also one among them. But, unlike other selfless social workers, who shun publicity, Anna has media publicity in abundance particularly after he undertook fast demanding resignation of two Ministers in Maharashtra Government. 

 Interestingly, there are also allegations of misappropriation and maladministration by Anna in his NGOs. The Maharashtra Government had appointed Justice Sawant Commission for enquiry which submitted a report pointing out fingers at Anna. The report was of recent origin and Anna baiters are using this report to question his credentials. However, amidst the publicity hype and euphoria over Anna’s agitation for Jan Lokpal Bill, the Sawant Commission report has become irrelevant. 

 Whatsoever, Kiran Bedi, who herself was a top police official, must be aware of the Sawant commission report. But, Kiran Bedi, in her effort to occupy the No. 2 position in Anna’s team raised the slogan ‘Anna is India and India is Anna’ much to the chagrin of the people. How can Anna represent the whole of India in all its entity? Indian society consist of various castes, creeds, religions etc. and they are nowhere connected with his movement. The dalits, minorities, backward classes, rural people which form a formidable population are nowhere near Anna’s movement. The entire Anna movement guided by the elite is centering around urban population, Internet, Facebook, Twitter, TV channels, etc. which are Greek to a majority of rural population. As such Anna’s movement can not be considered representative movement. 

 Whatsoever, just because he has launched a movement for implementation of his Jan Lokpal Bill, which has incidentally become fashionable, can one equate Anna with India? Nobody in his services (except D. K. Barooah) would dare to equate the country with an individual, but, Kiran Bedi the respected and retired police officer did cross the rational level. 

 Interestingly, the other members of Team Anna have already taken exception to Kiran Bedi’s slogan, yet, she is not apologetic about it. More interestingly, Anna himself has not said a word against the slogan and seems to be relishing the equation. 

 The pity is that we have people like Kiran Bedi who foolishly equates individuals with the country. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter GRABBING TIME LAW OF THE LAND CATCHING UP YEDURAPPA FAMILY AND COMPANY UNDER SIEGE

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 GRABBING TIME! 

 LAW OF THE LAND CATCHING UP YEDURAPPA, FAMILY & COMPANY UNDER SIEGE 

 B. S. Yeddyurappa, the former Chief Minister now stands fully exposed for what he is. He has become a shining example for corruption and nepotism and is neck deep in trouble with series of criminal cases filed against him and investigations under way. 

 Fearing arrest and subsequent stay at Parappana Agrahara Jail, Yedurappa is running from pillar to post to safeguard himself. He has engaged very big lawyers to bail him out but till now, he has not obtained any relief from the High Court. 

 Yedurappa, his sons, daughters, daughters-in-law, son-in-law and some of his close associates are facing a series of criminal cases under Prevention of Corruption Act. On the face of it, these cases are very serious in nature and they can not be brushed aside as political vendetta. Even though one finds political factors, it can not be altogether blamed for the mess Yedurappa is in, today. Apparently, it is his own doing. 

 After becoming the Chief Minister of Karnataka in 2008, Yedurappa, in his zeal to make money in all conceivable means, threw the caution to the winds. He along with his kith and kin started the process of amassing wealth and there was no stopping. They floated several benami firms and Trusts to park the money and also entered the real estate business in a big way. Yedurappa and his family members started clinching business deals, transfer deals etc. His kith and kin divided the money making business among them and also started implementing innovative ideas to make mountains of money and its safe keep. 

 But, after HDK started their exposure of scams from last September, the downfall began. There was no respite in exposures and Yedurappa’s image nosedived as a champion of corruption and nepotism. There were various cases filed against him in High Court and also with Lokayukta and there was also a petition to sanction his prosecution. But, Yedurappa being the most powerful man in State successfully blocked all the probes and proceedings against him. 

 But, when Lokayukta Santosh Hegde’s mining report named him as one of the accused, Yedurappa was forced to resign by the BJP High Command. He however, succeeded to appoint his trust worthy D.V.Sadananda Gowda as the CM. While his intention could be for his own protection from future adversaries, it is easier said than done. 

 Yedurappa apprehends that he and his family will also meet the similar fate as Katta’s if the law is allowed to take its own course. He is therefore trying means to safeguard him but as he is no more a CM, he will be treated as an ordinary man in the eyes of law. One can not expect any ‘special status’ treatment by the courts in his case. Yedurappa who had ‘blocked’ any semblance of probe into his multifaceted and multidimensional scams up till now, has to face them squarely now. 

 One thing is sure that Yedurappa has to face the music of law, whether he likes it or not in spite of having the best legal brains at his command. Though he has a puppet CM at his back he may have to face trial and jail if not today, tomorrow! Given the attitude of the judiciary’s aversion in political related corruption cases, Yedurappa is presently in a hapless position. And there is a moral in the entire episode. ‘Law will take its course, whether one likes it or not’. 

And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE DEBIT OF ATM WITHDRAWAL ATM FRAUDS CONTINUE TO HAUNT

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE DEBIT OF ATM WITHDRAWAL ATM FRAUDS CONTINUE TO HAUNT 

 Technology has its own perils. Another ATM fraud surfaces which may instill fear of the unknown among the ATM users. Nevertheless, precaution is always better. 

 Lokesh a cab driver working for a software company had opened his Savings bank account a year back in State Bank of India’s Kottigepalya Branch, Magadi Road in Bangalore. As per Bank’s facility, he was issued an ATM Debit card through which he can make transactions from his account. On 26th of July, 2011, Lokesh withdrew Rs. 1000/- from his account through his debit card from a nearby ATM at Magadi road. As a regular feature he also immediately received an SMS alert of his withdrawal on his mobile phone. 

 However, it is common for Indian mobile users to receive myriads of unwanted messages everyday and Lokesh too is a victim of the same. He received messages again on his mobile but ignored it assuming it to be the unwanted marketing messages. 

 But, when he visited the bank to withdraw more money on 01st of August, 2011, he received a major shock as he realized that there was only a minimum balance of Rs. 1500/- in his account. Upon verification he came to know that on the same day when he last withdraw Rs. 1000/- from an ATM, another Rs. 38000/- had been withdrawn in a span of about 5 to 7 minutes. The amount was withdrawn from another machine of the same ATM which houses 2 machines. 

 He rushed to the SBI Branch Manager and narrated his story and clarified that he had never withdrawn Rs. 38000/- on that day. Lokesh then rushed to Kamakshipalya police Station and lodged a complained. He also requested the SBI Bank to provide him the CCTV image of the person withdrawing Rs. 38000/- from his account. SBI Bank however, sought some time and Lokesh is waiting for the CCTV image. He had also argued that how can a person withdraw Rs. 38000/- from an ATM machine in a single transaction. However, it was clarified to him that an ATM machine can dispense 40 notes a single time. In his case, 37 notes of Rs. 1000/- plus 2 notes of Rs. 500/- were dispensed which is practical. 

 TBMR spoke with SBI, Magadi Road Branch Manager Ms Veena who informed us to contact CAC incharge Mr. Narsimha Murthy. Narsimha Murthy when contacted admitted that it was a fraudulent transaction and they will confirm it after verifying the CCTV image which is expected in a day or two.

Firoz.T.Totanawala The Bangalore Metro Reporter THE YEDURAPPA OF JUDICIARY JUSTICE DINAKARAN RESIGNS ON CORRUPTION CHARGES

By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE YEDURAPPA OF JUDICIARY JUSTICE DINAKARAN RESIGNS ON CORRUPTION CHARGES! 

 The resignation of Sikkim Chief Justice P. D. Dinakaran, has gone unnoticed by the media which was busy with the resignation drama of B. S. Yeddyurappa. In a way the resignation of Dinakaran and Yedurappa are startlingly similar as both resignations were corruption related. For ordinary people, the resignation of Yedurappa is not a surprise as they perceive the politicians as unscrupulous and corrupt. Actually, the resignation of Justice Dinakaran should have got huge publicity as it concerns with judiciary which people view as the last hope for protection of democracy and human rights. As the people and media treat judiciary as the holy cow, Dinakaran’s resignation did not make much news. 

 The Indian judiciary in spite of being a party and parcel of the society with all its positive and negative aspects, has never allowed anybody to talk against the corruption, favouritism, nepotism etc. in judiciary. It has a powerful trump card of ‘contempt of court’ proceedings against anybody who whispers against judiciary or Judges. 

 Despite the insulation, there are cases of some judges bringing bad name to the judiciary. However, people still perceive the judiciary as the last hope for protection of democracy and human rights. 

 Whatsoever, there are some very serious corruption charges against some judges and unfortunately no mechanism to punish such judges even if the charges are proved by internal probe. The highest penalty for judges could be to ask them not to sit on the Bench and here too, it is only a ‘request’ by the CJ, and, at the maximum the CJ may not assign any cases to such judges. 

 Interestingly, an ordinary man and even Chief Ministers, Ministers when caught accepting a bribe gets a jail term. But for a judge who accepts a bribe or does some thing wrong or illegal, there is no mechanism to bring him to book like ordinary people. 

 The Dinakaran episode is a case in the point. Dinakaran was serving as the Judge of the Tamil Nadu High Court when some advocates made allegations for acquiring properties disproportionate to his income and also of favouritism while handing out the judgements. But no enquiry was held. Later Dinakaran was posted as the Chief Justice of the Karnataka High Court and here too, there were allegations of his misuse of power. The Chennai advocates who had formed a forum of Judicial Accountability continued their crusade and taking a cue from them, Karnataka advocates also took up the issue. They even boycotted his courts. 

 Dinakaran smartly defended stating that he is targeted as he is a dalit. Few advocates even stood behind him and some dalit organisations too rushed to his rescue. The Supreme Court collegiums took up an internal probe and found prima facie substance in the charges, but still, could not take any action against him. Some judges of the HC too objected to Dinakaran hearing the cases and only after a lot of heartburn, the SC collegiums ‘requested’ Dinakaran not to sit on the Bench. 

 For few months, Dinakaran functioned as CJ without hearing a single case limiting him to administration. This has created a record of sorts as he is the only Chief Justice who had not heard the cases and passed orders for few months, passing only administrative orders like posting matters to other judges for hearing. Dinakaran executed all other works of a CJ except the judicial work. 

 Finally this piquant situation ended with Dinakaran getting transferred to Sikkim High Court but even there, he faced opposition. Unfortunately, there was nothing in the world to take punitive actions against Dinakaran and realizing this, few Rajya Sabha members moved an impeachment motion against him. The Rajya Sabha Chairman admitted the motion and formed a probe committee to probe the charges. 

 From day one of the probe committee, Dinakaran fought fiercely to block the probe. He took objection to the inclusion of senior counsel P. P. Rao in the committee who had argued against him in the SC. He filed a petition in the SC and it later asked for the replacement of P. P. Rao in the committee. Dinakaran later filed another petition in the SC to stay the proceedings of the probe committee but was rejected. 

 There after, there was no way Dinakaran could stall the probe as there were documentary evidences of his misdeeds. He again played his dalit card but there was no way for him except to face the probe and subsequent impeachment and the removal thereon. That is why Dinakaran himself tendered his resignation. 

 However, there is no way he can be booked for the offences unless the concerned State Government treats him like an ordinary citizen who violated the law of the land and take action accordingly. But that is only a wishful thinking as one has not witnessed instances of retired judges facing the law of the land for the violations committed by them during their service. 

Unless, there is a mechanism in place to deal effectively with the charges against judges with provision for penalty, the malaise will continue. It is for this reason that there are demands for bringing the judiciary under the Lokpal Bill. Whatsoever, Dinakaran a Chief Justice of the High Court followed Yedurappa and resigned his post on corruption charges. And that explains the whole thing.

Firoz.T.Totanawala The Bangalore Metro Reporter CARRYING ON THE LEGACY THE NEW CM ALSO IN LAND SCAMS

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

CARRYING ON THE LEGACY THE NEW CM ALSO IN LAND SCAMS 

 The new Chief Minister of Karnataka is very much in the same shoes of his predecessor Yedurappa. Much before his election as the CM of the State, the ever smiling D. V. Sadananda Gowda is already in the storm over two land scams, one in Bangalore and the other in Mangalore. 

 THE BANGALORE CHAPTER 

 The BDA had allotted Sadananda Gowda, a residential plot measuring 5000 sq feet in the HSR layout of South Bangalore in 2006. The BDA also allotted another BJP MLA D.N. Jeevaraj the same size plot very next to Gowda's during the same year. Now Sadananda Gowda is constructing a commercial building after combining his plot with that of Jeevaraj’s plot without the consent of the Bangalore Development Authority. 

 The new CM had approached the BDA in 2009 requesting for amalgamation of the two plots, but his plea was rejected. In spite of that, Gowda decided to go ahead with his commercial plan for the two residential plots. According to his plan, the basement is earmarked for parking and there will be a shopping complex on the first floor. Sadananda Gowda now stands accused of violating land laws to build a swanky commercial complex in Bangalore. 

 THE MANGALORE CHAPTER 

 In the Mangalore chapter, it is Yedurappa again who features in main role. This time, the Yeddyurappa Government had granted 10.5 acres of reserve forest land near Sullia Mangalore to Udupi MP Sadanand Gowda’s trust violating forest laws. 

While the reserve forest land was earlier denied be given to a State Power Corporation, for a community graveyard, and to the local Panchayat, it was immediately granted by the State Forest Department to Sadanand Gowda’s KS Gowda Education trust, needless to say on the insistence of Yeddyurappa. 

The reserve forest land in question is of survey number 171-P7 near Sullia Taluka, Mangalore. 

The following requests were made for acquiring the land by various organizations which were all rejected. 

A Schedule Caste group, the Koraga Development Federation had approached the Government on 1st February, 2006, requesting for a grant of 20 acres in survey number 171-P7. It was denied by the forest department stating that the land sought is a reserve forest land and hence could not be granted. 

Then, the local gram Panchayat on 2nd February, 2006 had demanded that the land be allotted to them. The forest department had replied them on 4 November 2007, saying that the land requested is of forest nature and hence could not be granted. 

Next, the Bharatiya Kisan Sangh had requested the Government on 23rd of August, 2008, for grant of the same land to a sub-power station. It was also denied on forest nature ground. 

 Then, a local Muslim community on 26th November, 2007, requested for 20 acres of the same land for a Muslim burial ground. The department replied them in denial stating the same Forest reserve land cause. 

 Now, interestingly, Sadananda Gowda, as honorary president of the KS Gowda Education Trust, wrote a letter to Revenue Minister Karunakara Reddy on 10 July 2008, requesting for the same land. He requested the Minister to grant him 20 acres of the same land for the purpose of playground. He had stated that the trust run an educational institution with 300 children and it needed the 20 acres for the development of a sports complex. 

 Then, shockingly, part of this same land that was earlier denied to others was granted to Gowda’s trust on 31 August 2010. 

It appears that Karnataka is set for a repeat of the political turbulence over land scams. The new CM has the same old story and absolutely befitting the predecessor’s shoes. 

 As a Chief Minister, how can one then expect him to act with integrity over the manipulations and scams that may be indulged in by others on various other posts? God save Karnataka!