We did not give any assistance in bringing about this convention, nor did some poor countries, because those countries were also ruled by governments that did not want black money to be brought back. My friends are right when they say that it is not as if only politicians are involved; there are a large number of people in every society who are involved in the generation of black money and the hoarding of black money.
Sir, with this background of the United Nations Convention, the Germans took the first lead. They wanted to break the Swiss Bank secrecy laws. The German government paid $475 million in bribe to an employee of the Lichtenstein Bank and managed to get 1,400 names of international thugs. I call them "international thugs" because they have stolen money from the poor people of all those nations and put that money in those banks.
Sir, the 1,400 names were examined by the Swiss Bankers' Association. The Swiss Bankers' Association reported that among the 1,400 names, majority of the names were those of Indians. I want to ask those who are today ruling the country and those who have ruled the country for the last 15-20 years - what did you do when you came to know of this most disgraceful fact that the majority of people who had stolen money and put them in the Swiss Bank of Lichtenstein alone were Indians?
Sir, nobody went from here; nobody! And though the Government of India, at least, signed that convention in 2005, under the United Nations Regulations, a convention does not become binding merely by signatures; you have to put in a document called the Document of Ratification. We did not put the Document of Ratification till late 2011, under circumstances that I will point out, about how it happened.
Sir, the Germans then officially made a public announcement through a person - Sir, I forget the name - that we have got the names of those people from all over the world; any government that wants to have those names is free to ask for those names; we will give you those names without talk, without conditions. Not one person from India, whether from the ruling party then or the ruling party now, took the trouble of going to the Germans, but Ram Jethmalani went there! Sir, I was told that there is no demand from India.
And, Sir, I told the Germans that India has a democracy; you don't have to look merely to the ruling government; there is an Opposition in every country; you have duties to the Opposition in the country and you have to give the names. The Germans said, "Yes, Mr Jethmalani; you are right. You are right in your argument. We owe an international duty to the Opposition parties in the countries.
You may go back and tell your people in the Opposition who are fighting elections. At that time, elections were almost coming. Sir, I came back to this country and sent a confirming letter to the Germans that you have made this promise and to my people, to the party to which I belong, I wrote them a two-line letter that "Mr German Chancellor you have made this promise to Mr Jethmalani. Mr Jethmalani is acting on behalf of the people of India; please, give us this information."
Sir, I have asked the political leaders in this party and I am ashamed to say that they didn't sign the letter and give it to me, so that I should be able to give it to the Germans.
...(Interruptions)... Sir, therefore, I make no difference between any sections of this House.
Nobody has supported me. That is why I went to the court in 2009. Why did I go to the court? Because I found that nobody was willing even to accept this German offer that "we are willing to give you; don't apply under any Treaty; don't apply under the UN Convention; we have got these names and we are willing to share them." Sir, I must tell you that the manner in which the election results came in the country, they came because mainly a promise was ...(Interruptions)...
Deputy Chairman: Your time is over. ...(Interruptions)...
Ram Jethmalani: Sir, please, for God's sake. ...(Interruptions)...
Deputy Chairman: No; your time is over. ...(Interruptions)... Your time is over. ...
(Interruptions)... Now, please conclude. ...(Interruptions)... Please conclude. ...(Interruptions)...
Ram Jethmalani: Sir, the promises were made to the people. Now, those promises are being ridiculed. Yes, our leaders did make a statement that the money will be brought back and shared and will be put into the bank accounts of the poor people of this country because they have realised that this money belongs to the poor people and it must be shared with them. ...(Interruptions)...
Deputy Chairman: Now, please conclude. ...(Interruptions)...
Ram Jethmalani: Let me now tell you that though during the ...(Interruptions)...
Deputy Chairman: Now, please conclude. ...(Interruptions)...
Ram Jethmalani: Sir, what will happen if you sit for another 15-20 minutes? ...(Interruptions)...
Deputy Chairman: He has only four minutes. ...(Interruptions)... That you should know. ...(Interruptions)... Why don't you sacrifice your time? ...(Interruptions)... Jairam Ramesh, your party could not sacrifice time for him. ...(Interruptions)... How can I know? ...(Interruptions)... I have to go by (the) rules.
Ram Jethmalani: Please understand that ...(Interruptions)...
Deputy Chairman: Please conclude. ...(Interruptions)...
Ram Jethmalani: Now, let me tell you why I oppose the Bill. ...(Interruptions)...' I oppose the Bill for the simple reason that an imperative clause of this Bill should have been that all the moneys, which are stashed in foreign banks and in respect of which no disclosure has been made so far shall, by operation of Indian law, vest in the Government of India. That is a familiar provision to make.
Edited excerpts from a speech by Member of Rajya Sabha, Ram Jethmalani, on the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Bill, 2015, New Delhi, May 13, 2015