 "PIL seeks probe monitored by apex court")
Centre for Public Interest Litigation (CPIL) filed a case in the Supreme Court on Friday, asking for an investigation by a court-monitored special investigation team or the Central Bureau of Investigation (CBI) into the "high level of political-bureaucratic-corporate nexus" where, "corporates use their money power to change public policies, plant questions in Parliament, get access to internal government documents/Cabinet papers, grant favours to politicians and bureaucrats for receiving benefits in return, and plant stories in news media".
The NGO, with Prashant Bhushan as its lawyer, presented purportedly leaked emails and documents from the Essar group. The NGO said, "The basis of this petition is internal emails and documents from Essar group of companies, which is one of India's leading business conglomerates having multi-billion dollar investments in oil, steel, energy, ports, shipping, infrastructure and services sectors in India."
Essar said the documents, which had been quoted in a report by Indian Express on Friday, were either fabricated or stolen. It said a complaint had been filed "against the suspected individuals responsible for act of steeling and fabricating document from a private corporate organisation."
BJP MP Nitin Gadkari has admitted enjoying Essar's luxury yacht stationed in the waters of the French Riviera. Digvijaya Singh and Sriprakash Jaiswal of the Congress and Varun Gandhi of the BJP have said they do not recollect the specifics but it's possible they asked the company to give jobs to specific individuals.
A private secretary to a minister in the UPA government in 2012 is also referred to have asked for a job for his nephew.
One of the journalists named for using a taxi provided by the company for several days, Sandeep Bamzai, has accepted the claim and resigned. Speaking to Business Standard he said, "Yes I have once used their regular cabs. I am deeply embarrassed. Sense of propriety demands that I quit. I have resigned in the morning. It is a function of the management to take a view on the matter."
Two other journalists denied the allegations. Some could not be reached for their comments. Business Standard is not publishing their names, as it is not in a position to verify the contents of the documents in the court. One journalist named for using the company's hospitality, Mayur Shekhar Jha, said, "I used the guest house for a family function. I didn't pay for the guest house but paid up for the food and two bottles of black label whiskey. I used this facility because Prashant Ruia is a personal friend. I used their facility when I was on sabbatical."
The documents also mentioned Essar officials discussing with the director-general (DG) of Special Intelligence in Andhra Pradesh about whether the latter would provide armed support to repair a company's pipeline. The DG, the documents said, asked in return if the company could build a road of 16-20 km as CSR activity, though the name of the company would not be disclosed publicly.
The document showed discussions among purported Essar employees over arranging accommodation for a commissioner of Bastar in Delhi in 2012. They also discussed how a journalist in Chhattisgarh had sought contracts and business in return for not reporting on incriminatory information and also for becoming the "eyes and ears" of the company. Another journalist is referred to giving a warning that the company officials are going to meet "absconders" from Chhattisgarh, regarding transportation of iron ore. The purported journalist warns that it would be unwise to be in a situation, where these people are caught by the police from the company premises.
At Delhi, the documents record company officials meeting senior- and low-level officials in the Planning Commission, the mines ministry, the environment ministry, the ministry of power, collecting information regarding policy decisions being made in the government and specific projects of the company.
In some cases, the document suggested the officials collected copies of government documents impacting their business as well. The document also listed the names of officials, leaders and members of Parliament from the BJP, Congress, Samajwadi Party and NCP, and journalists, whom the company employees purportedly met, what the document described as "courtesy calls".
CPIL has asked the court to direct the Central government to cancel the privileges like subsidised land, newsprint and houses that have been extended to media organisations and journalists who are indulging in paid news, or publishing news reports to favour corporates, or who are taking favours from corporates. It has asked for an inquiry by an independent committee into the issues and instances noted in this petition.
It has also demanded the court to frame guidelines that regulate and control the "the phenomenon of corporate gifts and favours being bestowed on public servants or on those who can exercise influence over public servants" and regarding the "access, meetings and interviews between the ministers and bureaucracy and the representatives/employees of commercial interests, including consultants, facilitators, middlemen and lobbyists". The NGO has also said asked that such guidelines should extend to "the issue of paid news/stories planted in the media through journalists who are conferred various favours by corporate houses".
Essar says done nothing wrong
Reacting to the newspaper article, Essar said: "We are a law-abiding company and a responsible corporate citizen and have not indulged in any wrongdoing. The newspaper article and media news are based on the information that is stolen or fabricated. We have initiated legal action and a compliant has been filed against the suspected individuals responsible for the act of stealing and fabricating the document from a private corporate organisation, which is as much an offense as theft from a government department. Possession thereof constitutes receiving and dealing with stolen information which is punishable offense. The inferences being drawn from the information being published are completely false and incorrect."
The NGO, with Prashant Bhushan as its lawyer, presented purportedly leaked emails and documents from the Essar group. The NGO said, "The basis of this petition is internal emails and documents from Essar group of companies, which is one of India's leading business conglomerates having multi-billion dollar investments in oil, steel, energy, ports, shipping, infrastructure and services sectors in India."
Essar said the documents, which had been quoted in a report by Indian Express on Friday, were either fabricated or stolen. It said a complaint had been filed "against the suspected individuals responsible for act of steeling and fabricating document from a private corporate organisation."
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Business Standard did not independently verify the documents. Business Standard has refrained from naming any of the individuals referred to in the documents, except those who have accepted the claims in the documents submitted to the court by CPIL.
BJP MP Nitin Gadkari has admitted enjoying Essar's luxury yacht stationed in the waters of the French Riviera. Digvijaya Singh and Sriprakash Jaiswal of the Congress and Varun Gandhi of the BJP have said they do not recollect the specifics but it's possible they asked the company to give jobs to specific individuals.
A private secretary to a minister in the UPA government in 2012 is also referred to have asked for a job for his nephew.
One of the journalists named for using a taxi provided by the company for several days, Sandeep Bamzai, has accepted the claim and resigned. Speaking to Business Standard he said, "Yes I have once used their regular cabs. I am deeply embarrassed. Sense of propriety demands that I quit. I have resigned in the morning. It is a function of the management to take a view on the matter."
Two other journalists denied the allegations. Some could not be reached for their comments. Business Standard is not publishing their names, as it is not in a position to verify the contents of the documents in the court. One journalist named for using the company's hospitality, Mayur Shekhar Jha, said, "I used the guest house for a family function. I didn't pay for the guest house but paid up for the food and two bottles of black label whiskey. I used this facility because Prashant Ruia is a personal friend. I used their facility when I was on sabbatical."
The documents also mentioned Essar officials discussing with the director-general (DG) of Special Intelligence in Andhra Pradesh about whether the latter would provide armed support to repair a company's pipeline. The DG, the documents said, asked in return if the company could build a road of 16-20 km as CSR activity, though the name of the company would not be disclosed publicly.
The document showed discussions among purported Essar employees over arranging accommodation for a commissioner of Bastar in Delhi in 2012. They also discussed how a journalist in Chhattisgarh had sought contracts and business in return for not reporting on incriminatory information and also for becoming the "eyes and ears" of the company. Another journalist is referred to giving a warning that the company officials are going to meet "absconders" from Chhattisgarh, regarding transportation of iron ore. The purported journalist warns that it would be unwise to be in a situation, where these people are caught by the police from the company premises.
At Delhi, the documents record company officials meeting senior- and low-level officials in the Planning Commission, the mines ministry, the environment ministry, the ministry of power, collecting information regarding policy decisions being made in the government and specific projects of the company.
In some cases, the document suggested the officials collected copies of government documents impacting their business as well. The document also listed the names of officials, leaders and members of Parliament from the BJP, Congress, Samajwadi Party and NCP, and journalists, whom the company employees purportedly met, what the document described as "courtesy calls".
CPIL has asked the court to direct the Central government to cancel the privileges like subsidised land, newsprint and houses that have been extended to media organisations and journalists who are indulging in paid news, or publishing news reports to favour corporates, or who are taking favours from corporates. It has asked for an inquiry by an independent committee into the issues and instances noted in this petition.
It has also demanded the court to frame guidelines that regulate and control the "the phenomenon of corporate gifts and favours being bestowed on public servants or on those who can exercise influence over public servants" and regarding the "access, meetings and interviews between the ministers and bureaucracy and the representatives/employees of commercial interests, including consultants, facilitators, middlemen and lobbyists". The NGO has also said asked that such guidelines should extend to "the issue of paid news/stories planted in the media through journalists who are conferred various favours by corporate houses".
Essar says done nothing wrong
Reacting to the newspaper article, Essar said: "We are a law-abiding company and a responsible corporate citizen and have not indulged in any wrongdoing. The newspaper article and media news are based on the information that is stolen or fabricated. We have initiated legal action and a compliant has been filed against the suspected individuals responsible for the act of stealing and fabricating the document from a private corporate organisation, which is as much an offense as theft from a government department. Possession thereof constitutes receiving and dealing with stolen information which is punishable offense. The inferences being drawn from the information being published are completely false and incorrect."