Tuesday, October 4, 2011

Firoz.T.Totanawala The Bangalore Metro Reporter THE GREAT FRAUDSTER MN GURURAJ, NECK DEEP IN MANIPULATIONS WAITING TO BE CAUGHT WILL SOMEONE GRAB HIM






































































By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE GREAT FRAUDSTER 

 MN GURURAJ, NECK DEEP IN MANIPULATIONS WAITING TO BE CAUGHT! WILL SOMEONE GRAB HIM 

 M.N.Gururaj Rao, the Assistant Secretary of Karnataka Public Service Commission (KPSC) who also functions as the Secretary of the Lokaseva Housing Co-op Society (LHCS) formed by the employees of KPSC has bundles of scams in his kitty. Due to his extensive reach and clout and support from the corridors of power, he is still at large in spite of indulging in magnanimous manipulations and violations. He is waiting to be grabbed and it is high time that the law of land catches up with him. Below are the few violations and manipulations of M. N. Gururaj in brief. 

 TWO JOBS 

 M. N. Gururaj Rao is an Assistant Secretary of KPSC and also functions as the Secretary of the LHCS. He is playing this double role since decades and shockingly, no one has dared action against him. Despite the Co-operative Act stipulating adoption of model bye laws to all the Co-operative Societies in the State, LHCS is the only society which cared too hoots for the same. As per the Act, every Co-operative Society shall have a paid Secretary and no member or Director can become the Secretary. But M N Gururaj still continues as its Secretary by using a different name and signature. 

 TWO NAMES, TWO SIGNATURES 

 Interestingly, Gururaj is not using his official name in the society. In all the correspondences of the LHCS, he uses M.N Gururaj and in KPSC he uses the name of M N Gururaj Rao. And smart as he is, he also uses different signatures for different posts. Despite knowing this ‘Double’ role of Gururaj, the KPSC has not taken any action against Gururaj till date. 

 Obviously, a Government official holding and working for two different posts that too by manipulation of name and signature is a serious offence under the KCS. 

 NO RENT 

 The LHCS is located in the premises of KPSC. Since M. N. Gururaj Rao himself is the assistant secretary in KPSC, there is no need for him to take anybody’s permission. He uses all the facilities of KPSC for his LHCS and that too absolutely free. The society also does not pay any rent for the area. 

 EXISTING FOR PERSONAL GAINS 

 The LHCS formed solely for the purpose of providing sites to the employees of KPSC has become a very big real estate agency. KPSC does not have more than 300 employees including officials, but, the society has made hundreds of sites in many layouts. Almost the entire KPSC employees who needed sites have been allotted the same long back and as such, legally, the LHCS needs a wind up as it has outlived its utility and served its purpose. But Gururaj in stead is using it as a real estate agent to acquire lands, get Government clearances, form layouts and sell sites to the public. 

 NAGADEVANAHALLI LAYOUT- ONE LAYOUT, MULTIPLE PLANS 

 In the formation of its first layout at Nagadevanahalli, M N Gururaj has committed unimaginable scams, but his high links at high places, has blinded the Co-operative department officials. 

 The society purchased 12 acres and 3 guntas of lands in Survey No. 24 and 25 of Nagadevanahalli. In the sale deed he signed as M N Gururaja Rao and the BDA has also sanctioned the layout plan with 165 sites of various dimensions. M N Gururaj submitted a list of Members of the society totaling 192 members (including around 34 set up members who paid only Rs. 100 as share fee). Of them, 165 members had paid the sital deposit and therefore, 165 sites were more than sufficient to cater to the needs of all the eligible members of the society. 

 But Gururaj sold more than 200 sites in this layout! He could do so by unofficially purchasing adjacent land, forming sites there also without following the law of the land. But there was a hitch. The fact that the BDA has sanctioned only 165 sites and the society has sold 200 sites will be known, if any purchaser goes for a legal opinion. Therefore, to safeguard himself, he submitted another draft layout plan in 2005 to the BDA showing 187 sites, a clear increase of 22 sites over the earlier sanctioned sites. He then showed this draft layout plan of 187 sites to many gullible purchasers and to further make it seem real, he got a petty official in the BDA to ‘endorse’ the copy as ‘For’ Deputy Director Town Planning! 

 Besides, Gururaj also cleverly manipulated the dimensions of the sites like 60 x 55 1/2”, 30 x 41, etc. to increase the number of sites. But the question is – how could the BDA sanction sites measuring 30x41, 40x55 1/2 etc. 

 Even though the society was limited to the employees of the KPSC, Gururaj allotted more than 50 sites to outsiders by treating them as members. 

 We took a sample of around 87 registered deeds and shockingly found more than 30 names of outsiders who are not employees of KPSC. Why go far, M. N. Gururaj’s brother M. N. Nagaraja Rao, an employee in PSIT was also given a site bearing No. 149 which was registered on 06-10-2010. Gururaj who has built a three storied building near Kumaraswamy Layout has also allotted a site to himself as well. Besides, his another brother too was given a site. 

 Of course, the BDA released 192 sites to the LHCS. And as per the rule, the Society has to submit the seniority list of members duly certified by the registrar of Co-op Societies. But who cares? Apparently, even the BDA did not insist on the lawful procedure. 

 YELAHANKA LAYOUT: TWO HOOTS FOR THE LAW OF THE LAND 

 The Yelahanka Layout at Kogilu by M. N. Gururaj is another shining example for his contempt towards the law of the land. The Nagadevanahalli Layout was sufficient to the needs of less than 200 employees of KPSC, but Gururaj continued to form layouts to do the real estate business. 

 The latest venture is a layout in Kogilu village near Yelahanka and he is busy in it for the last seven years. In fact, he has sent letters to companies and factories offering sites to their employees making a direct violation of the co-operative spirit. How can a Co-op Society, formed for the housing needs of the KPSC employees, advertise sale (allotment) of sites to outsiders and that too by forming new layouts? This is sheer rubbish, but who cares? 

 In the Yelahanka (Kogilu) Layout, Gururaj has formed hundreds of sites in three stages and has collected sital deposits to the tune of crores. In fact, in 2005 itself, Gururaj had sent a circular to the purchasers to pay up sital deposits ranging from Rs. 40,000 to 1,00,000 depending on the size of the sites as second installments. 

 But the most astonishing aspect of this 2005 circular, mind it 2005 year, is that Gururaj had stated that civil works of the layout were progressing. This means that the LHCS had started the civil works of the layout by 2005 itself, while the rule is that it can be done only after the BDA approves the layout plan. 

 On the contrary, as per the RTI information, the Town Planning Member in BDA states that the BDA has not at all sanctioned any layout plan in Kogilu in favour of the LHCS. 

 The law of the land stipulates that the society has to first identify the lands, send proposal/request to the land acquisition officer explaining the need for it along with the information about the number of members who need the land and with supervision and other charges. Then, the lands be acquired on its behalf by the Land Acquisition Officer. Finally, the BDA gives sanction after the society hands over the areas meant for CAs. Only then, the society can start the civil works under the supervision of the BDA engineers who shall ensure that the society adheres to the sanctioned plan. Once the works are completed, the BDA then releases the sites to the society, in the name of the members. For this purpose, the society has to submit the seniority list of the members duly certified by the Registrar of Co-op Societies. The society can start registration of sites in favour of the allottees thereafter only. 

 On the contrary, Gururaj in the year 2005 itself said that the layout works were progressing. This implies that the BDA had sanctioned the layout plan then. Otherwise there is no question of civil works being undertaken by the society. But, the Town Planning Member in BDA says that BDA has not sanctioned any layout plan in favour of the LHCS at Kogilu. 

 While the mega fraudsters of the political background are lined for jail and interrogation, it is high time that somebody wakes up and grabs M N Gururaj for his blunt and endless violations and manipulations. 
 Any Comments

Firoz.T.Totanawala The Bangalore Metro Reporter THE UNKNOWN GOODBYE JUSTICE ARALI NAGARAJ OF HC ABRUPTLY RESIGNS, THE TRUTH CONCERNS US ALL.

























By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE UNKNOWN GOODBYE 

 JUSTICE ARALI NAGARAJ OF HC ABRUPTLY RESIGNS, THE TRUTH CONCERNS US ALL. 

 Justice Soumitra Sen of Kolkata High Court resigned just a day before he was to face the impeachment. The Rajya Sabha had impeached him and feeling shy of facing Loksabha impeachment, he resigned. The President duly accepted it which ultimately spared him of impeachment by the Loksabha, just hours before it was to begin. 

 In the same vein, the President accepted the resignation of P. D. Dinakaran, Chief Justice of Sikkim just before the probe committee started probing corruption charges against him prior to his impeachment. Likewise, Justice Arali Nagaraj of High Court has also tendered his resignation and there is no reason for the President to reject it. But the question of concern here is why has Justice Arali Nagaraj resigned? 

 Normally, the judges resign for personal reasons, against some allegations, on ground of principles and sometimes on Health grounds. It may be recalled that three senior judges of the Supreme Court resigned in the seventies when a junior judge was promoted as the Chief Justice of India by superseding them without any reason or logic. In another case, a Chief Justice of a High Court resigned protesting the policy on Transfer of judges and comparatively there are very few cases of judges resigning on health grounds. 

 The judges of the High Court and Supreme Court resigning for whatever reason, is not a small thing to be tucked under the carpet. The reason for such resignations should be made public primarily because the citizens have the right to know and secondarily because, people at large, have huge faith in Judiciary. The resignation issue is equivalent to a Chief Minister or a Minister suddenly resigning from the post without an explanation. 

 To simply put, though unknown, there should be a strong reason for the resignation of Justice Arali Nagaraj. If it is on ‘principles’, the judge would have disclosed it and raised his bar in the public eye. But since it is not revealed here the possibility of his resigning on principles ground is ruled out! It also cannot be on health grounds as he is hale and hearty with a sharp mind. Then, if the resignation is for personal reasons, the judge should have spelt out the same. He may have been disillusioned with the system or he might have faced some harassment or discrimination at the hands of Chief Justice or the senior judges or he may have decided to pursue his private legal practice once again. Whatever could be the personal reason, it should have been revealed and since it is not, one has to rule out the same. 

 But then, what is the real reason behind Justice Arali Nagaraj’s resignation? The Bar is agog with colourful rumours and one such rumour is his tiff with another straight forward judge who had taken exception to his adventures. It is also said that the Chief Justice was upset with his behaviour with a staff of the High Court which was unbecoming of a High Court Judge and so he made him to resign before the issue becomes scandalous. The CJ seems to have viewed the issue with all seriousness it deserved and Justice Arali Nagaraj had no option but to put down his papers. 

 Whatever be the reason behind his abrupt resignation, the High Court has a duty to explain the same. It can even issue a statement that Justice Arali Nagaraj has resigned on personal reasons not necessarily explaining the real reason if it may damage the credentials of the judiciary. But at least it should enlighten why Justice Arali Nagaraj has resigned. But, the hard fact is that, the truth may not come out, at least, for the present. 

 Whatsoever, Justice Arali Nagaraj’s resignation follows the resignation of Justice Soumitra Sen of the Kolkata High Court and Chief Justice P.D.Dinakaran of the Sikkim High Court, under controversial background. 
And that is all.

Firoz.T.Totanawala The Bangalore Metro Reporter THE REAL LIFE Darshan episode- Sandalwood or scandalwood

























By Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE REAL FILM!

 DARSHAN EPISODE- SANDALWOOD BLUNDERS 

 Film actor Darshan had assaulted his wife inflicting serious injuries and threatened to kill her. She lodged a police complaint and they registered a case and arrested Darshan who was drunk at that time. The entire sandalwood reacted as if it was the sandalwood that was arrested. Ambarish, the sandalwood leader along with others forced Darshan’s wife Vijayalaxmi to compromise and at the end of the day she withdrew the complaint. She even changed her statement, but, the court was not convinced and sent Darshan back to jail. The ban on another actress Nikitha has made the sandalwood, a laughing stock. 

 Darshan, a leading Kannada actor has followed the politicians in the art of avoiding jail. While he was ushered into the jail for domestic violence against his wife, he collapsed and was rushed to the Hospital where he was treated for asthma and other assorted ailments. The sandalwood people made a beeline to the Rajiv Gandhi Hospital to meet him and his fans too were in full strength. 

 The case against Darshan is simple. He beat his wife black and blue and also threatened with his revolver to kill her. His wife who could no more tolerate such inhuman treatment complained to the police and was admitted to a Nursing Home. The police took her statement and filed charges of Domestic violence, attempt to murder etc. against Darshan and arrested him when he came to see her in the Nursing home. He was drunk then and the police also got him tested for alcohol. 

 As the news of Darshan’s arrest spread, the entire sandalwood assembled at the Vijayanagara police station to get him released. His fans also gathered there and demanded his release. They even damaged few buses and when the situation threatened to go out of control, the police used lathis to disperse the mob. 

 The sandalwood led by its leader Ambarish then went to the Nursing Home to meet Vijayalaxmi and forced her to withdraw the complaint. How can one expect Vijayalaxmi to resist the pressure of sandalwood biggies? The inevitable happened and she agreed for a compromise. But, as the charges were grave, the police could not release Darshan on their own and it was now on the court to release him on bail. 

 The scene now shifted to Magistrate Court where the police buckling under the sheer weight of Sandalwood, produced Darshan at Magistrate’s residence. Vijayalaxmi, who was still recovering from the injuries, was also brought to Magistrate’s residence and there she made her statement of withdrawing her complaint saying that the injuries she suffered were due to her fall in the bathroom. However, as the law does not permit bail to Darshan at this juncture, the Magistrate sent him to jail. And once in jail, Darshan collapsed ostensibly for exhaustion. He was shifted from one hospital to another and was finally lodged in the Rajiv Gandhi Hospital. The film stars etc. had free access to Darshan in the hospital and the rest is history. 

 Then, the Producers’ Association under the chairmanship of its President Munirathna, took a shocking decision and banned actress Nikitha from acting in Kannada films for three years! This was because Vijayalaxmi, in her complaint had alleged that Nikita was the cause of discord in her family. But what is that got to do with her ‘ban’ by the producers? The Producers’ Association had not thought it fit to hear the other side before taking such a big decision! Whatsoever, what Darshan did was a criminal offence and he shall be punished for it. 

If the sandalwood leaders wanted to help Darshan, they could have provided legal and moral support to him. But the leaders instead made a mockery of the law of the land by forcing his wife to withdraw the complaint and make false statements before the court. She made the false statement of sustaining injuries by a fall in the bathroom, firstly, when Darshan was produced before the Magistrate at his residence and secondly, in the court when the bail plea was before the Magistrate. 

 In fact, by making her change the statement, the sandalwood leaders have put her in danger of ‘perjury’ for which the court can take note and punish her after the trial. The leaders too can be proceeded against by the same offence by the court if the Magistrate minds! Heavens would not have fallen if Darshan spent some time in the jail for the crime committed as an under trial until he got the bail. But the sandalwood leaders were not prepared to wait because some of the producers have invested crores in the Darshan starring films which are in various stages of production. Obviously, money matters more to them than the law of the land and the domestic violence. 

 What more, the sandalwood leaders even forced the police to alter the charges against Darshan. Darshan was charged under section 107 that is attempt to murder which is a heinous and non-bailable crime. Only the Sessions judge has the power to grant bail to the accused charged with Section 107 and as such, the Magistrate can not grant bail to Darshan even if his wife makes Volta facie by withdrawing her complaint against him. The Sandalwood leaders when realised this serious issue brought immense pressure on the police to change the Section 107. Everybody knows that film stars command influence at all levels and even the politicians in power also court film stars who command big fan following. 

 The police succumbed to the pressure and filed a memo before the court for replacing Section 107 with 324 which deals with assaults resulting in grievous injuries. This incidence throws much light on the manipulations and machinations of the people who wield power. Will the police oblige ordinary people the same way? While the Magistrate now had the powers to grant bail to the accused charged with Section 324, he however, refused to accept the police theory and rejected Darshan’s bail application stating that it can be granted only by the Sessions Judge. The law of the land prevailed at least to this extent. Of course, this is not the end. 

The producers’ association banned actress Nikita for three years with the reason that she is the root cause for the rift between the Darshan and his wife! This is absolutely ridiculous. Even assuming that Nikita has an affair with Darshan, how does it attract the ban on Nikita? The association would have been appreciated had they banned Darshan who committed a grave crime of domestic violence. But they had no guts because of piles of money invested on his films under making. They therefore backed him in stead. Besides, they also did not hear Nikita’s version and simply gave the dog a bad name and hanged it! There can be no other reasons, let alone valid ones. 

 The sandalwood leaders should be ashamed of their role in the Darshan episode. They forced his wife to withdraw the complaint and make false statements before the court. They forced the police to change the sections to enable Darshan get the bail. And they banned an actress for Darshan’s crime. This simply indicates ‘jungle justice’ in the Sandalwood. Fortunately some leaders have taken exception to these developments and condemned these ‘manipulative’ leaders. This is the only silver lining in the entire episode.

Firoz.T.Totanawala The Bangalore Metro Reporter THE DRAGON ENTERS SC ORDERS CBI PROBE INTO MINING IN KARNATAKA CBI COMES TO KARNATAKA, JOLT FOR BJP
















































By. Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE DRAGON ENTERS!

 SC ORDERS CBI PROBE INTO MINING IN KARNATAKA CBI COMES TO KARNATAKA, JOLT FOR BJP 

 The Supreme Court acting on the report of the CEC has ordered CBI enquiry into mining scams in Karnataka too, particularly the AMC owned by Janardhana Reddy and his wife Aruna Laxmi. The BJP Government, its former Chief Minister B.S.Yeddyurappa and his successor D.V.Sadananda Gowda continually refused the CBI probe into the mining scam. They have made it a policy matter to not allow CBI probe any scams in the state. And now, as the Supreme Court has ordered CBI probe, the BJP leaders and the Government are in an embarrassing situation and the order has come as a slap on the face of these leaders. 

 B. S. Yeddyurappa, the former Chief Minister used to point blank reject the demand for CBI probe into the mining scam which incurred thousands of crores revenue loss to the Government and irreparable extensive damage to the environment. Yedurappa had time and again proclaimed that he will not order a CBI probe under any circumstances. Even his senior colleagues and few national leaders also openly stated that they do not have faith in CBI. 

 Besides refusing the CBI probing the mining scam, Yedurappa on the contrary gave ‘clean chit’ and character certificate to Reddy Brothers. That too, not once but many a times and termed their business as white as snow! In fact, when the Andhra Pradesh Government ordered a CBI probe into Reddy Brothers’ Obalapuram Mining Corporation (OMC), the Central Government wanted the State also to order the CBI probe as the scam involves both the states. But, Yedurappa point black rejected the offer of the Union Minister for Mines in this regard. 

 While Yedurappa and his Government continued to defend Reddy’s, the Lokayukta probe team was piling damaging documents about their massive manipulation in the mining scam. Even after the Lokayukta submitted the final report giving sordid details of Reddy’s frauds and recommended a CBI probe, the Government stood its ground of not ordering the CBI probe. D. V. Sadananda Gowda who became the CM after the exit of Yedurappa also reiterated the similar stand. 

 As the entire mining operations and frauds were happening in Karnataka, the CBI had to conduct its probe in the State. But the adamant attitude of the State Government headed by Yedurappa blocked the CBI. CBI was helpless as it cannot probe a scam in the State without the permission of State Government. Even the Central Government on its own cannot force a CBI probe in the State, so, the only option left was the Supreme Court order. And here too, the Supreme Court can order a CBI probe in a State only under special circumstances. 

 While the different agencies probing the Mining scam clearly revealed serious violations and manipulations by the Reddy’s, they continually proclaimed their innocence by taking the plea that they do not have any mining in Karnataka. But the ground reality was different. The Reddy’s controlled the entire mining operations in the state. In fact, the Lokayukta Santosh Hegde in his Mining scam report described Bellary as Republic of Bellary, lorded over by the Reddy Brothers. 

 Besides, the mining Mafia also encroached upon Government and forest lands. When the Andhra Pradesh Government ordered a CBI probe in 2009 against the OMC company’s illegal mining etc., the Reddy’s got the stay from the High Court which was finally vacated in December 2010. And the CBI then raided many people and companies in the course of its probe, finally arresting Janardhana Reddy who is in jail since then. 

 The CEC when submitted its final report to the Supreme Court, it explained exhaustive details of the mining scam, encroachment etc. by mining companies, particularly AMC, another firm owned by Janardhana Reddy and his wife. The CEC also recommended CBI probe into the mining scams of AMC in Karnataka. Besides, an NGO also filed a PIL against the Mining scam and made a similar request to the Supreme Court. And the Supreme Court finally directed the CBI to conduct the probe into the Mining activities of AMC in Karnataka. 

 With this order, CBI officially begins its probe and needless to say that many heads are destined to fall in near future. It is not that the CBI has not probed the Mining Mafia, but because its probe was limited to Andhra Pradesh, it could only take action against the Mining companies there. 

 As far as the probe in Karnataka is concerned, the CBI stands in a better position. There is the Lokayukta report prepared by U. V. Singh, Principal Conservator of Forests which provide minute details of mining frauds. Besides, the CBI itself has a lot of details gathered in course of its probe in Andhra Pradesh. As Andhra Pradesh and Karnataka are interlinked in the Mining scam, the CBI will trace the beneficiaries of the Mining scam and book them. 

 Arguably, the BJP Government has received a severe jolt with the Supreme Court ordering CBI probe in the State. One can be sure of many BJP leaders following Janardhana Reddy to jail. The BJP leaders had openly stated that they have taken a policy decision against CBI probe. But, what can be their stand now? They have no option except to cope with the CBI probe as the Supreme Court of India has ordered for it. 

Surely, the BJP Government in the state is between the devil and the deep sea!

Firoz.T.Totanawala The Bangalore Metro Reporter THE HUNTER HUNTED SHIVRAJ PATIL RESIGNS AS LOKAYUKTA OVER SITE ACQUISITION CHARGES















































By. Firoz.T.Totanawala 

 The Bangalore Metro Reporter 

 THE HUNTER HUNTED!

 SHIVRAJ PATIL RESIGNS AS LOKAYUKTA OVER SITE ACQUISITION CHARGES 

 Justice Shivaraj Patil, the Lokayukta has resigned on ‘moral’ grounds, following charges of acquisition of big sites. Shivaraj Patil who tried to defend his actions finally had to resign the post and has attributed his decision for the malicious campaign carried against him by vested interests. However, the hard fact is that Shivaraj Patil should have introspected himself before trying to defend his actions. Even assuming that vested interests have carried a malicious propaganda against him, the fact remains that Shivaraj Patil has erred both in the Judicial Layout and Vyalikaval Housing Society issues. 

 After the retirement of Santosh Hedge, Shivraj Patil took over as the Lokayukta of Karnataka and before he could settle down to work, he faced allegations very serious in nature. With the most respected powerful seat of anti corruption on fire, people of the State, who have high regards to the revered post, are all in shock. The allegations were pertaining to Shivraj Patil getting a huge site from the Judicial Employees HCS and also two big sites from Vyalikaval HCS in the name of his wife. Shivraj Patil, finally resigned in mere few weeks on charges of acquisitions of big sites. 

 Initially, Shivraj Patil strongly defended saying there are no illegalities in the issues. In the case of a big site allotted to him by the Judicial Employees HCS, he defended saying that the Supreme Court had cleared the same. And in respect of two big sites acquired from the Vyalikaval Housing Society too, he declared that they are strictly legal. Further to clear the ‘misgivings’ he stated that his wife had surrendered the sites to the society after he became the Lokayukta! 

 But what is the ground reality? 

 With regard to one big site allotted to him by the judicial department employees HCS, Shivraj Patil’s statement/clarifications do not pass the scrutiny of law. Apparently, the Housing Society was formed by the employees of the judicial department in Karnataka and the society had to allot the sites formed in its layouts, only to the employees of the judicial department. Please note that judges can not be treated as employees of the judicial department as judges of the High Court and Supreme Court are constitutional authorities. They therefore simply can not be the members of this society. In such circumstance, Shivraj Patil as a judge, applying or getting a site is highly illegal and immoral. Besides, the Supreme Court had never cleared the allotment of sites to the judges, but only sent back the case to the High Court for adjudication. 

 Shivraj Patil, already owned a house in a posh locality of Vasanthanagar and as such he was barred by law from procuring or applying for a site either in BDA or any Housing Co-operative Society. He however, is eligible to purchase any number of sites or houses from individual sellers if he has money. But not from the Housing Co-op. societies which are meant to provide sites/houses to the members of the society who do not have any sites/houses of their own. And as admitted, Shivraj Patil already had a house and therefore was ineligible for a site from any co-op. society. 

 Further, it was required that Shivraj Patil, before getting a site from the society, submit an affidavit declaring that neither he nor his family owns a site or house in Bangalore. Now, while he was allotted a big site in the judicial employees Housing Society, it simply implies that he should have submitted a false affidavit to the society. Now, please note again that, giving a false affidavit attracts criminal proceedings. 

 On the other hand, if we assume that he did not submit an affidavit affirming that he has no site or house, and still got the site allotted; then, the entire transaction becomes highly illegal act, as the society can not allot a site without the affidavit. This implies that Shivraj Patil being a judge at that time should have abused his position and got a huge site from the society. 

 Next, his procurement of two big plots in Vyalikaval HCS in his wife’s name, beats any known level of logic. He defended stating that his wife was a member of the society and got the site as a right. If this is so, then, why did thousands of other members who had paid their life’s savings from the year 1982 did not get the same favour? And wonder of wonders is that Shivraj Patil’s wife got two sites! And mind it, those the sites are of 9600 sq ft and 4800 sq ft area! Nobody therefore can agree to Shivraj Patil’s defense in this regard! 

 Of course, Shivraj Patil also stated that he surrendered the two sites to the society after he became the Lokayukta. But, does this surrender absolve him off the offence already committed? Arguably, he has not revealed how he surrendered the sites to the society. Whether their cancellation deeds have been registered and whether the society has the powers to agree to surrender of the sites, which were earlier sold to Shivraj Patil’s wife! It is already five years since the sites were sold and its worth is at least 8 crores today. Most importantly, if he has surrendered the sites, it also implies that he should have committed some offence which needed the surrender of sites! 

 If ordinary persons indulge in such misappropriation while getting sites in the Housing Society, the co-operation department officials would pounce on them, cancelling the allotment and disqualifying their membership. If the BDA detects that the allottee of a site already has a site or house, it swings into action to cancel the allotment and forfeit the sital money. It can even initiate criminal proceedings for submitting a false affidavit. But, in the case of Shivraj Patil, there is a dead silence. 

 Whatsoever, Shivaraj Patil has resigned from the Lokayukta post and it is not fair on him to blame the malicious propaganda against him. If not today, he would have had to answer the charges, tomorrow or later. 

 The Lokayukta is a constitutional post meant for fighting graft, misuse and abuse of power. The post expects a person of irrefutable integrity and honesty to head the institution and Shivraj Patil does not fit it in this regard. Moreover, his resignation is publicised as a precedent for others to keep up the ‘high moral standards’. But, the hard fact is that Shivraj Patil’s resignation is a case of ‘virtue of necessity’ rather than an attempt to uphold the ‘high standards’ in public life. 
And that is all.

Saturday, September 17, 2011

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.

Saturday, September 3, 2011

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!