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Showing posts with label transparency. Show all posts
Showing posts with label transparency. Show all posts

Tuesday, June 9, 2015

The murky details of the Essar diaries.... - MoneyLife

The Essar diaries, which are part of an affidavit filed by the Centre for Public Interest Litigation (CPIL) in the Supreme Court of India provides a rare peek into the way influence-peddling by crony capitalists actually works in India. The leak of internal emails by a whistleblower reveals that the top secret Union Budget details were available to Essar in 2012. And why not? The group has enormous funds earmarked to buy these favours. For instance, the emails reveal that Gulfstream jet was sent to Trinamool Congress leaders, including chief minister Mamata Banerjee and a few journalists, at the behest of president Pranab Mukherjee for his swearing-in ceremony.

They indicate that Essar was able to influence the pricing and tax policies of the petroleum & national gas ministry under Veerappa Moily. This is corroborated by a separate investigation and arrests in the ‘corporate espionage’ scandal about purchase of stolen classified documents from the petroleum ministry.

By now it is widely known that the Essar group runs a large public relations (PR) operation to keep key journalists-cum-fixers happy. It generously opened its purse strings to fund a global ‘think-fest’ by Tehelka allegedly as a quid-pro-quo for killing a story against it.

Yet, when successive Reserve Bank of India (RBI) governors express concern at the mountain of bad loans in the system, there is rarely any attempt to plug the brazen manipulation of the system for personal aggrandisement. At the height of Essar’s problems in 1999, the chairman of Bank of India (BOI) sanctioned a fat bailout to a group company on the eve of his retirement. Two months later, he joined the group as an advisor at a fee that was a multiple of his last salary. RBI chose to look the other way and asked no questions.

Soon, every other institution fell in line and wrote off several thousand crores of rupees worth of loans and overdue interest to several group companies.

Again, when Essar Steel defaulted on $250 million floating rate notes it had issued in 1994, it tried hard to force the government to bail it out as though it were a quasi-sovereign default. This was in 1999. Eventually, bondholders received only 24% of the face value of their investment.

One of Essar’s strategies to minimise the public impact of its financial problems is to de-list companies at a low buyback price when there is no more scope to raise funds. In 2010, Essar Energy Plc was listed on the London Stock Exchange at 420p a share.

In 2014, the group bought back the 22% public shareholding at 70p a share, unfazed by the angry backlash. It attempted to de-list Essar Oil and even sent notices to the Indian stock exchanges. Essar Shipping and Essar Ports had also informed stock exchanges that they had the required board approvals to de-list their shares. The group’s shareholders know that Essar Steel was controversially de-listed in 2007 at a low Rs48 per share. Today, when it owes Rs30,000 crore, lenders cannot even hope for an upside by converting loans to equity if commodity prices revive.

The Essar diaries, and leaks, pertain only to a small recent phase, but provide an insight into how this well-oiled system of influence has worked for the past 30 years.  Essar had struck gold with its investment in telecom and had a real chance of cleaning up its act. Instead, it only used it to start borrowing heavily again and run up even bigger debts from Indian banks and institutions.

In fact, telecom and the 2G scandal is the first time that group chairman Ravi Ruia and his nephew Anshuman Ruia are personally facing trial along with several top employees and their three telecom firms—Loop Telecom, Loop Mobile India and Essar Tele Holding. Ravi Ruia, now needs court permission to travel abroad and, on 24th May, an irritated judge asked him not to waste the court’s time with repeated and causal requests for permission.

At the end of April this year, a consortium of 24 banks has a massive exposure of Rs30,000 crore to Essar Steel alone. In May, HDFC Bank decided to take a hit and sold Rs550  crore of its outstanding debt to Edelweiss Asset Reconstruction at a 40% discount. This is a loss of Rs200 crore.

Bank of India’s auditors have asked it to classify its Rs500-crore exposure to Essar Steel as a bad loan. Among its major lenders, State Bank of India (SBI) has an exposure of Rs8,000 crore to Essar Steel and ICICI Bank has an exposure of another Rs6,000 crore.

 Essar Steel’s outstanding of Rs30,000 crore is after it was made to raise Rs4,850 crore through a sale of assets and the promoters were made to pump in Rs1,300 crore under pressure from lenders. It is interesting to note that the money that was allegedly brought in by the promoters is twice its meagre net profit of Rs648 crore in the past financial year.

When the group’s strategy itself is to live off public funding, its financial problems are not limited to Essar Steel. Essar Shipping is also making losses and has reported a consolidated net loss of Rs159.69 crore for the quarter ending 31 March 2015. Essar Ports is also out there seeking relaxed loan terms from its bankers on its existing Rs6,000 crore outstanding to banks and wants money for a fresh investment of Rs3,000 crore.

This does not include the undue benefits running into hundreds of crores of rupees that ‘friendly’ officials gave the group over the years. Here is only one instance. A 2013 report of the CAG (comptroller and auditor general of India) on public sector undertakings lists multiple counts on which Gujarat Petronet officials favoured the group and passed on undue benefits running into hundreds of crores of rupees collectively to Essar group companies—Essar Steel, Essar Power Gujarat Ltd. The amount was over Rs650 crore.

For over a year now, Care Ratings has had a ‘default’ rating on Essar Steel but do you hear the government ordering a forensic audit into how the funds were used or diverted? Any such order can only be an outcome of the Supreme Court litigation filed by CPIL. That Essar’s outstandings can wreck the profits of major banks ensures that they are again working at ‘restructuring’ its loans with tacit support from the government. This is a sordid story of crony capitalism, first leeching off public shareholders and then public sector banks.

The Modi government claims to be keeping businessmen at arm’s length. Prime minister Narendra Modi told a newspaper a few months ago that “my government will make policies, if you fit into it, come on board, or stay where you are. My job is not to spoon-feed anyone.” It is ironic that public sector banks, owned by the government, are continuing with impunity to work at bailing out businesses houses like Essar.

Author- Sucheta Dalal is the managing editor of Moneylife. She was awarded the Padma Shri in 2006 for her outstanding contribution to journalism.
Source- http://www.moneylife.in/article/what-the-essar-diaries-mean/42144.html

Saturday, December 26, 2009

Karnataka judge declares assets online - News

Karnataka judge declares assets online - Indian Express


A judge of the Karnataka High Court, who has favoured public declaration of assets by willing judges, under the Right to Information Act, has put details of his assets and liabilities in the public domain — on a personal website. (http://sites.google.com/site/justdvskumar/asset-particulars)
Justice D V Shylendra Kumar has put up the details of his assets alongside his article, Judges and the Right to Information Act, which contradicted the Chief Justice of India’s observation that judges in general are opposed to being under the purview of RTI.
Following up on the article in The Indian Express last week, Justice Shylendra Kumar had on Monday placed a declaration of his assets before the Registrar General of the Karnataka High Court with instructions to make it available to the public. The Registrar General had on Tuesday said a decision on putting the asset declaration of the judge will have to be taken at a meeting of all the judges of the High Court. On Wednesday afternoon, Justice Shylendra Kumar, who has said that he has been searching for an avenue to declare his assets, put up the details on a personal website http://sites.google.com/site/justdvskumar/asset-particulars. “Particulars of assets of Justice D V Shylendra Kumar, Judge, High Court of Karnataka is being displayed here as the Hon’ble Chief Justice of the Karnataka High Court has prevented the information from being displayed on the High Court website,” states the introduction to the web document.

As per details put in the public domain by Justice Shylendra Kumar, the sum of the value of properties acquired, bank balances held and investments is Rs 42.86 lakh. A footnote in the declaration says the information “furnished may not be accurate to the pie or to the decimal, but is sufficient to serve the purpose for which it is furnished”. A credit of $15,000 from Justice Shylendra Kumar’s brother to his bank account in July 2008 and a Rs 98,750 worth purchase of shares of a company last year are among the assets declared. He has a 1996 Maruti Zen car. He is the first sitting judge of the Karnataka High Court to put the details of his assets in the public domain.
Times of India - He is the second judge after Justice K Kannan of the Punjab & Haryana High Court to disclose his assets. The latter did so to advocate Prashant Bhushan, convener of a campaign for judicial accountability and reforms.
More on Rediff.com



The judges of the Supreme Court, including Chief Justice of India K.G. Balakrishnan, will make public the statements of assets they declared at the time of their appointment to the Supreme Court and subsequent additions, if any.
This decision was taken on Wednesday at a Full Court meeting, presided over by Justice Balakrishnan. The meeting was a sequel to the CJI’s announcement on Monday that consensus was being evolved on disclosure of assets. Except Justice J.M. Panchal, who was on medical leave, all judges participated in the nearly two-hour deliberations. The sanctioned strength of the Supreme Court is 31 including the CJI. There are eight vacancies at present.
“We have decided in principle to put our assets on the [Supreme Court] website, but regarding the modalities, in what manner or form, we have not yet decided,” authoritative sources told The Hindu. Asked whether there was consensus on making public the assets, the sources said: “Whatever decision we take is only through consensus and we have passed a unanimous resolution. The resolution is to be released after it is signed by all the judges.”
Asked to elaborate, the sources said: “At present, judges disclose their assets to the Chief Justice of India as per the procedure in the 1997 ‘Restatement of values.’ Now it will be put on the website.”
Would such disclosure pertain only to the judge concerned or would it cover members of his family too? “It will be strictly in accordance with the 1997 procedure. Of course, each judge has a different form and we have to see how it can be updated.”
To a question whether Wednesday’s resolution covered High Court judges also, the sources said: “We can’t give any direction to the High Courts. They will have to take independent decisions. However, it is expected that they will follow us.”
The issue of public disclosure of assets by judges came to the fore after Justice D.V. Shylendra Kumar of the Karnataka High Court and Justice K. Kannan of the Punjab and Haryana High Court voluntarily disclosed their assets and made them public.
The Campaign for Judicial Accountability and Reform has been highlighting the need for transparency and public disclosure of assets by judges, and the Full Court decision is an exercise in that direction.
At present, there is no law governing the declaration of assets by judges. In the recently concluded Parliament session, the government introduced a Bill to make declaration of assets by judges mandatory. But since it contained a clause that such a declaration would not come within the ambit of the Right to Information Act, the Bill was withdrawn. The government has announced that it will be re-introduced in the winter session with amendments.