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Kanchan Gupta @KanchanGupta
, 22 tweets, 11 min read Read on Twitter
Blame-aportioning was not intended purpose. I have pointed out the missing link in the chain that #Congress #BJP and #MSM seem strangely unaware of or are wilfully suppressing. It is for #CBI and Govt to explain why 'Look-Out Notice' was downgraded. Not my job. #MallyaLies 1/n
As far as I am concerned available evidence shows Vijay Mallya planned his exit meticulously. He travelled abroad in October and returned in November 2015. He travelled abroad twice in December 2015. He travelled abroad in January 2016. And then fled in March. #MallyaLies 2/n
Mallya showed up for CBI interrogation. Travelled abroad and returned. All this was to create the false impression that he was not going to flee. It was a criminal mind's work. That #CBI fell for it is amazing. Does not speak highly of its leadership. 3/n
But beyond the cat-and-mouse game is the issue of law. Perhaps lawyers here can better explain it. Apparently per CBI there is a SC judgement that says passport cannot be impounded unless there is a chargesheet and/or a trial is in process. Yet Karthi travels. #MallyaLies 4/n
Mallya is not the first defaulter and fugitive economic offender. He won't be the last. Should #India then consider a law whereby loan and tax default leads to instant auto suspension of passport of defaulter and family, disallowing discretion to banks, CBI, BoI, Govt and courts?
Like all MPs (and their spouses) fugitive defaulter Vijay Mallya had a 'Red Passport' or diplomatic passport. In the past Red Passports have been misused by lawmakers for variety of offences, including human trafficking. Why should lawmakers and their spouses get Red Passports?
Ridding India of entitled 'VIP Culture' is not only about putting a stop to the use of claxons. As representatives of the masses, lawmakers' privileges/rights cannot, and must not, be more than that of the people s/he represents. If there is a queue, let all stand in the queue.
On fugitive econonic offenders like Vijay #Mallya one hears the question: Why weren't their passports impounded? Here are the rules governing impounding of passports. Courts and police can't impound passports. CBI was made to return NSEL scam accused Jignesh Shah's passport.
Do please read subsections (d) to (h) of Section 10 (3) of Passport Act -- they list the conditions that apply to offenders like #Mallya under which the passport issuing authority alone (not courts, not police, not CBI) can impound their passports.
Good report on what enabled fugitive economic offender Vijay #Mallya's midnight escape by @sunetrac
Raises relevant questions to which there are no credible answers yet, only official explanations.…
How many suitcases did Vijay #Mallya carry when he fled? Numbers range from 11 to 36 to 53. Surely CBI could confirm from @jetairways logs? Point is, how often does a passenger on a business or private trip carry these many suitcases? IB spooks at T3 did not sense anything amiss?
What's galling is that #Mallya jazzed his way through immigration and security and got saluted for his Diplomatic Passport (all MPs and spouses are entitled to maroon passports) while taxpayers stood in mile-long queues and answered stupid questions like "Why are you going to..."
In this age of biometric passports we the people have to wait as BoI officers stare at our papers, wait for sleepily slow comps to wake up, ask inane questions, leave for loo breaks and are generally unfriendly. But #Mallya sailed through. System is rotten to the core. Change it.
While at it, do not absolve PSU banks. No credible answers yet to:
Why were #Mallya loans restructured on basis of phone calls from Delhi?
Why did UBI not seek immediate stay of HC order?
Why did SBI not file for impounding passport despite legal advice?
Why no FIR by banks?
Since system will remain rotten forever, only stiff laws can ensure loan defaulters and tax defaulters above a certain cutoff cannot pack their suitcases and jazz their way out of #India. Make it mandatory for CBDT and all banks to ring the bell and get passports auto impounded:
Cut out bureaucratic interface, remove all discretionary powers. Change existing rules on impounding passports. Set up inflexible criteria for loan and tax defaulters, scam accused and other assorted criminals, create online mechanism for instant impounding and alerting BoI.
It is laughable that after Mallya, Nirav and Choksi doing the Great Indian Rope Trick, our system still allows individuals like Karthi Chidambaram to travel abroad. Existing rules enough to impound his passport and prohibit travel. Govt does not have to crawl before Judiciary.
#MallyaLies Vijay Mallya, Nirav Modi, Mehul Choksi are symptoms, not the disease that afflicts #India. The law is the same for every Indian, but some Indians are more privileged than others. To cure the disease, ruthlessly remove privileges and entitlements. Look beyond claxons.
Former Dy Governor of RBI KC Chakrabarty is a “suspect” in debt default scam by Vijay #Mallya. Guess where Chakrabarty relocated after his RBI tenure? #Britain of course! What was once the seat of Empire is now a colony of financial fiddlers. #MallyaLies…
In trial court ED seeks custody of Karti Chidambaram in #AircelMaxisScam. Judge puts off hearing to Sept 25. In Supreme Court ED opposes Karti travelling abroad as he has been allegedly closing foreign accounts to destroy evidence. Judges allow Karti travel abroad Sept 20-30.
Do please read subsection (e) of Section 10 (3) of Passport Act laying down grounds for impounding passports. Subsection (e) applies to Karti Chidambaram in full measure. Why has his passport not been impounded? Had it been you or me, we would have lost our passports long ago.
The mighty 'System' is rotten to the core and at best there have been periodic cosmetic efforts to cleanse it. If we believe in the Constitution of India we must also believe that this flawed Republic bears little resemblance to what the Constitution preaches: Equality.
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