एस्‍सार ग्रुप कांड को लेकर SC में याचिका,संसद में प्रश्‍न प्‍लांट का इल्‍जाम,पढ़े पूरी Petition

नई दिल्‍ली। देश के बड़े  ओदयोगिक घराने एस्‍सार ग्रुप पर संसद में प्रश्‍न प्‍लांट कराने ,मंत्रियों,राजनेताओं,पत्रकारों,व नौकरशाहों को अपने फायदे के लिए भ्रष्‍ट करने का इल्‍जाम लगाते हुए सेंटर फॉर पीअीाईएल ने सुप्रीम कोर्ट में एस्‍सार ग्रप के खिलाफ जनहित याचिका दायर कर पूरे मामले की जांच अदालत की निगरानी में एसआईटी या सीबीआई से कराने का आग्रह किया है।याचिकाकर्ता ने याचिका में एस्‍सार ग्रुप की ओर से अलग अलग समय में पत्रकारों, राजनेताओं,नौकरशाहों  व बाकियों को भेजी ईमेलकाहवाला देते हुए कहा है कि इस कारपोरेट घराने ने कुछ भी नहीं छोड़ा है। पत्रकारों से अपने फायदे के लिए खबरें प्‍लांट कराई। याचिका में इल्‍जाम है कि बड़े चैनलों और अखबारों के संपादकों,ब्‍यूरो चीफो,पत्र‍कारों को भी खबरें लगाने के बदले फायदे पहुंचाएं है।

इसके अलावा  मोदी सरकार के मंत्री नितिन गडकरी के परिवार वालों के टूअर समेत संसद में प्रश्‍न प्‍लांट करने का योजनाबद खेल खेला गया है। पूर्व मंत्रियों ,नेताओं ,पुलिस अफसरों ,मीडियां के लोगों ने एस्‍सार ग्रुप से अपने चहेते की नौकरियां लगाई है। और इस समूह ने दो सौ नौकरियां इन चहेतों के लिए दी। ऐसा याचिका में कहा गया है।

याचिका में कहा गया है कि हाई लेवल राजनेताओं,टॉप नौकरशाहों वकारपोरेट घरानों का गठजोड़ जिनमें एस्‍सार ग्रुप जैसे कारपोरेट घराने शामिल है  पब्लिक पॉलिसी बदलने,संसद में प्रश्‍न प्‍लांट करने,आंतरिक सरकारीदस्‍तावेजो/केबिनेट के कागजातों को हासिल करने के बदले में  नेताओं और नौकरशाहों को  फायदा दे रहे हैऔर बदले में लाभ रहे है।याचिका में कहा गया है कि ये ईमेले बताती है कि एस्‍सार  ग्रुप ने मंत्रियों,बड़े नेताओं,टॉप नौकरशाहों,पुलिस अफसरों कोरिश्‍वत व उपहार दिए जो  भष्‍टाचार निरोधक अधिनियम की विभिन्‍न धाराओं के तहत अपराध है

याचिकाकर्ता  ने इस सारे मामले की जांच कराने काआग्रह किया है।साथ ही पेड न्‍यूज के मामले में स्‍वतंत्र जांच कराने का आग्रह किया गया है। याचिका में गडकरी के अलावा पूर्व यूपीए सरकार के मंत्रियों के नाम भी याचिका में है।एक राज्‍य के एडीजीपी का हवाला भी है।

भ्रष्‍टाचार के इस खेल को समझने के लिए यहां पढ़े सुप्रीम कोर्ट में दायर वरिष्‍ठ वकील प्रशांत की ओर से  दायर पूरी याचिका-: 

Synopsis and List of Dates

This petition seeks a court-monitored investigation by an SIT or the CBI into the high level of political-bureaucratic-corporate nexus wherein 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 basis of this petition is internal emails and documents from Essar Group of Companies which is one of India’s leading business conglomerate having multi-billion dollar investments in oil, steel, energy, ports, shipping, infrastructure and services sectors in India. This information is being placed before the Hon’ble Court by the petitioner’s society for its kind consideration and appropriate directions.

This Hon’ble Court has on the issue of corruption developed public law and framed guidelines in the past e.g. Vineet Narain vs. UOI – Jain Hawala Case (1998) 1 SCC 226; in the CVC case (CPIL vs. UOI (2011) 4 SCC 1) the doctrine of institutional integrity was enunciated [(2011) 4 SCC : CPIL vs. UOI)  and the CVC appointment was quashed on the facts of the case; the 2G Spectrum scam case (CPIL vs. UOI (2012) 3 SCC 1) as explained in the Presidential Reference Case by five judges (2012) 10 SCC 1 where norms have been laid down in connection with the grant and transfer of natural assets belonging to the nation and in what cases open auction and bidding are to be adopted. Similarly while quashing Coal allocations in Manohar Lal Sharma vs. Principal Secretary (2014) 9 SCC 516 this Hon’ble court has formulated applicable constitutional principles. The petitioner society is seeking similar intervention in the instant case.

The internal emails and documents from one of India’s biggest business group reveal how in violation of the Constitution and the laws of the land,  major corporates like Essar manage to influence the political executive, the bureaucracy, the police and the media, in order to serve its business interests rather than public interest which they are legally obligated to uphold. The emails show how Essar attempts to bribe by bestowing favours on Ministers, top politicians, top bureaucrats and police officers in violation of various sections of the Prevention of Corruption Act 1988. These favours are in the form of expensive gifts and jobs to the persons they recommend.

The entire matter is crying out for a thorough court-monitored investigation by an SIT or CBI since the same is necessary to uphold democracy, the rule of law and rights of the citizens under Articles 14 and 21 of the Constitution of India. The prevailing corruption in the country in high places seriously impairs the right of the people of this country to live in a corruption free society governed by rule of law. This is a violation of Article 14 and 21 of the Constitution. The right to life guaranteed to the people of this country also includes in its fold the right to live in a society, which is free from crime and corruption.

The conduct of the journalists and media companies in taking favours from corporates and in carrying out planted stories is in violation of journalistic norms and ethics. The Government of India is obligated to withdraw the privileges like subsidized land, newsprint, houses etc. 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 corporate.

The instant case has several similarities with the Radia tape case (WPC 16 of 2011) which showed Many illegalities and corrupt activities that have been exposed include appointment & functioning of regulators for extraneous considerations, appointments of ministers, various contracts, corruptly influencing various decisions of public authorities and ultimately this Hon’ble Court was pleased to direct a court-monitored investigation vide its detailed order dated 17.10.2013. The petitioner society respectfully submits that similar orders would need to be passed in the instant petition.

IN THE SUPREME COURT OF INDIA

(CIVIL ORIGINAL JURISDICTION)

Writ Petition (Civil) No. ……………….. Of 2015

Public Interest Litigation

In the matter of:

1)   Centre for Public Interest Litigation

…The Petitioner

Versus

1)   Union of India

Through its Cabinet Secretary            … Respondent No. 1

2)    Central Bureau of Investigation                                       …Respondent No. 2

3)     Essar Group of Companies

Through Its Managing Director

10^th Floor, Prakashdeep Building

7, Tolstoy Marg, New Delhi-110001             … Respondent No. 4

To,

THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE HON’BLE SUPREME COURT OF INDIA

                                                          The Humble Petition of the

                                                                   Petitioner above-named

MOST RESPECTFULLY SHEWETH: –

1)           That the petitioner is filing the instant writ petition in public interest under Article 32 of the Constitution for the enforcement of Rights under Article 14 and 21 of the citizens. This petition seeks a court-monitored investigation by an SIT or the CBI into the high level of political-bureaucratic-corporate nexus wherein 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 basis of this petition is internal emails and documents from Essar Group of Companies which is one of India’s leading business conglomerate having multi-billion dollar investments in Oil, steel, energy, ports, shipping, infrastructure and services sectors in India.

The Petitioner, Centre for Public Interest Litigation (CPIL), is a registered society (No.      ) formed for the purpose of taking up causes of grave public interest and conducting public interest litigation in an organized manner. Its founder President was the late Shri V.M. Tarkunde and its Executive Committee consists of several senior advocates including Shri Fali S. Nariman, Shri Shanti Bhushan, Shri Anil Divan, Shri Rajinder Sachar, Shri Colin Gonsalves among others. Over the years, the petitioner has established itself as a credible public interest organisation. The petitioner society has filed several important PILs in the past, like for the investigation of 2G scam and cancellation of licenses, investigation into Radia tape case, Air India scam, illegal disinvestment of public sector undertakings, etc. Ms. Kamini Jaiswal, General Secretary of the Petitioner Society is authorized to file this PIL. Petitioner is a non-profit body (PAN No.        ). The requisite certificate and memorandum/rules of the society are filed along with the vakalatnama.

The petitioner has no personal interest, or private/oblique motive in filing the instant petition. There is no civil, criminal, revenue or any litigation involving the petitioner, which has or could have a legal nexus with the issues involved in the PIL. The petitioner has not made any representation to the respondent authorities owing to the urgency and gravity of the issue.

The Case in Brief

2)       The present writ petition deals with the phenomena of corrupt nexus between business and government. The nation was shocked when recently several arrests were made and FIR lodged in connection with secret and confidential papers being systematically copied and allegedly passed over to powerful commercial interests. This petitioner society, through a confidential source whose identity needs to be fully protected, has come in possession on internal emails and documents of Essar Group of Companies (hereinafter ‘Essar’), which indicate how Essar has been cultivating ministers, politicians, bureaucrats and journalists in order to serve its business interests. Essar, in turn, apparently gets favoured from such influential persons who can take executive decisions, change public policies, raise questions in Parliament, leak confidential government documents and plant stories in the media. This information is being placed before the Hon’ble Court by the petitioner’s society for its kind consideration and appropriate directions.

3)       This Hon’ble Court has on the issue of corruption developed public law and framed guidelines in the past e.g. Vineet Narain vs. UOI – Jain Hawala Case (1998) 1 SCC 226; in the CVC case (CPIL vs. UOI (2011) 4 SCC 1) the doctrine of institutional integrity was enunciated [(2011) 4 SCC : CPIL vs. UOI)  and the CVC appointment was quashed on the facts of the case; the 2G Spectrum scam case (CPIL vs. UOI (2012) 3 SCC 1) as explained in the Presidential Reference Case by five judges (2012) 10 SCC 1 where norms have been laid down in connection with the grant and transfer of natural assets belonging to the nation and in what cases open auction and bidding are to be adopted. Similarly while quashing Coal allocations in Manohar Lal Sharma vs. Principal Secretary (2014) 9 SCC 516 the court has formulated applicable constitutional principles.

4)       This petition, apart from placing certain material and information, deals with the broader and significant questions and seeks this Hon’ble Court’s intervention to frame guidelines, norms and standards in relation to –

a)       Access, meetings and interviews between the ministers & bureaucracy and the representatives/employees of commercial interests including consultants, facilitators, middlemen and lobbyists;

b)       The phenomenon of corporate gifts and favours being bestowed on public servants or on those who can exercise influence over public servants.

c)      The issue of paid news/stories planted in the media through journalists who are conferred various favours by corporate houses.

Planting Questions in Parliament

5)       In Parliament, the MPs have a right to question the Government on various issues including issues concerning specific sectors of the economy. After the “cash-for-questions” scandal erupted when a television sting operation showed MPs accepting cash for raising questions in Parliament, 11 MPs from various parties were expelled from the Parliament. They challenged their expulsion before this Hon’ble Court. A constitution bench of this Hon’ble Court upheld that said the expulsion (Raja Ram Pal vs Speaker, Lok Sabha (2007) 3 SCC 184).

6)       However, it appears the serious crime of raising questions in Parliament at the behest of corporate houses is still a sad reality. Internal report and emails from Essar reveal that the group is apparently planting questions in Parliament. A Monthly Information System (MIS) report dated 27.08.2012 was prepared by Essar’s Senior Vice-President Mr. Rajamani Krishnamurti on various business interests of Essar including Steel, Mines, Shipping etc. The chapter on steel sector of the said report inter-alia states: “Planted Parliamentary Questions regarding arbitrary pricing mechanism of NMDC which are expected to be answered on the floor of House on 27^th August and 3^rd September, 2012, respectively.” On another issue concerning the company, the said report reads: “Planning to plant Parliament Questions by September 2012.” A copy of relevant pages of the said report dated 27.08.2012 is annexed as Annexure P1 (Pg ____________). The report also shows that Essar plants stories in news media.

7)       The above is further corroborated by an email sent by Mr. Krishnamurti to the senior management and owners of Essar on 23.08.2012 inter-alia stating: “An early action will keep the pressure on NMDC, as the questions planted in Parliament will be heard on 27^th August 2012.” Since this email was copied to the official Essar email-id, it caused some unrest and Essar’s senior officer Mr. Ashish Rajgarhia wrote back on the next day: “Suggest we refrain from using the official Essar ID for such communication and specially name of Mr. PSR.” Mr. Krishnamurti then replied: “Ok. Will keep in mind. Sorry for the inconvenience.” A copy of the said email exchange dated 24.08.2012 is annexed as Annexure P2 (Pg _____________). The email exchange also shows how a story was planted in the media by Essar on the same issue on which Parliamentary Question was planted. The petitioner society requests this Hon’ble Court to direct a thorough investigation into these disclosures since they might involve high level corruption and sanctity of Parliament which is vital for democracy.

Influencing Ministers, Politicians and Bureaucrats

8)       Essar’s internal notes and emails reveal how the company has institutionalized a mechanism to bestow significant favours, monetary benefits and shower gifts on persons with influence. An inter-office note sent by Essar’s President, Corporate Affairs in June 2009 states: “With the new UPA govt taking over at Centre and their fresh innings starting, this is an opportune moment for us to invest on right people at right places for reaping long term benefits. I have noticed that quite a lot of them, especially the young parliamentarians, are techno-savvy and they prefer to communicate over emails and sms than traditional letters. We have to have the right strategy to penetrate this base, and with this in mind, I propose to gift about 200 top-end cell phones to some of these esteemed leaders, and also some of the top bureaucrats. These phones will have SIM cards supported by us by about Rs 5000/- per month.” A copy of the said note is annexed as Annexure P3 (Pg _____________).

9)       An email sent by Essar President Mr. Sunil Bajaj to the Essar Director Mr. Prashant Ruia states: “Corporate Deepawali gifts are an incredible approach to create lasting impressions among the associates. Although, it is a yearly ritual, but the expectations of the government officials at all levels remain high and their look forward for some kind of gesture from such large corporate house… Deepawali & New Year is the only time in the entire calendar year wherein gifts are distributed to the person in the middle and the lower ranks in various ministries, who are very vital in sustenance and procurement of important information & documents, and most of the times it has been observed that these resources are left out during festive gifting. The economy is still down but by offering small corporate gifts we can atleast show that we value them.” A copy of the said email dated 14.10.2013 which has been marked “confidential” by Mr. Bajaj is annexed as Annexure P4 (Pg ____________).

10)     The above two internal communications shows that Essar group has been indulging in regular disguised bribing of politicians and bureaucrats in order to further their business interest and also to obtain confidential information from various ministries. These actions may amount to serious offences under Sections 7, 8, 9, 10 and 11 of the Prevention of Corruption Act, 1988 and the same need to be thoroughly investigated and prosecuted. Also, obtaining confidential information through illegitimate means might also amount to an offence. Section 11 of the Prevention of Corruption Act 1988 reads: “Whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine.”

11)     The documents show that Essar prepares a ‘Daily Calling Report’ wherein brief of the meetings of their officers with various politicians, bureaucrats and journalists is prepared. A report of 20.04.2012 in possession of the petitioner indicates that Essar officers are regularly meeting scores of politicians, bureaucrats and journalists everyday to plant questions in Parliament, push public policies, gain access to confidential information and documents from inside the ministries and to plant stories in the media. A copy of an email dated 21.04.2012 sent in this regard by Mr. Bajaj to Mr. Prashant Ruia is annexed as Annexure P5 (Pg _____________). The said email incorporates the abovementioned report dated 20.04.2012.

12)     Another email exchange in this regard, also mentions the large number of Members of Parliament, the officers of the group has been regularly meeting. The exchange notes: “both appreciated Group’s achievements and have assured effective support to Group issues.” A copy of the said exchange dated 28.08.2012 is annexed as Annexure P6 (Pg ___________). The fact that large number of MPs have been meeting corporate officials and apparently assuring “active support” for Essar’s business interests as part of their official duty, would amount to an offence under Section 13 of the Prevention of Corruption Act, 1988.

13)     Not just high-end gifts, Essar sponsors luxury travel of influential politicians and their family members. A series of emails within Essar group show how in 2013, the group let former BJP President and currently Union Minister Mr. Nitin Gadkari (along with his family) use company’s vice chairman Ravi Ruia’s person yacht for a cruise. ‘Sunrays’, a 280 feet super yacht belongs to Mr. Ruia. On 30.06.2013 Essar Steel Chairman Mr. Ashish Rajgarhia informs the management and the captain of Sunrays: “Mr. Nitin Gadkari (former President of the BJP) is in Europe and would like to spend 2-3 days onboard Sunrays. Mr. RNR/PSR has agreed to it.” In another  email sent on same day, he adds: “There are total 9 pax (persons), they will be staying with you for two night July 7 & 8.” A copy of the emails dated 30.06.2013 is annexed as Annexure P7 (Pg ____________).

14)     All arrangements are made by Essar for the visit of Mr. Gadkari and his 8 family members, including pick up by a helicopter from the Nice airport to the cruise and all meals during their stay. On 07.07.2013, the Gadkari family is flown to the yacht in a helicopter from Nice airport and after the cruise, they are flown back to the airport on 09.07.2013. A copy of email dated 05.07.2013 in this regard is annexed as Annexure P8 (Pg ____________) and their itinerary is annexed as Annexure P9 (Pg ____________). Mr. Bajaj writes to the Captain on 07.07.2013: “Guests are very important people as discussed. Kindly see. They are happy and comfortable.” A copy of this email dated 07.07.2013 is annexed as Annexure P10 (Pg ____________). The above facts may amount to an offence under Section 9 of the Prevention of Corruption Act 1988 since lavish amounts of money is spent by a corporate group on a leader of a political party which is running several state governments and was at that time the biggest opposition party at the Centre.

Jobs for favours

15)     An office note and series of emails reveal how Essar has institutionalized the practice of granting jobs to persons who have the backing of the ministers, politicians, senior bureaucrats, and other influential persons. An inter-office note was sent by Essar President, Corporate Affairs Mr. Sunil Bajaj to Essar’s senior Director Mr. Prashant Ruia in June 2009. The said note states: “Almost all corporate houses come across the phenomena of ‘job requests’ from the power centres, i.e. Govt offices that they interact on an everyday basis, or from powerful politicians, or bureaucrats… At Delhi we have daily interaction with top political leaders, Ministries of Steel, petroleum, power, shipping, DoT and scores of others on some case or the other… Therefore, I request at least 200 jobs be earmarked for this kind of requests…” A copy of this note dated June 2009 is annexed as Annexure P11 (Pg ____________).

16)     In an email dated 26.07.2013, Mr. Bajaj lists out the persons referred for jobs by influential persons and adds: “I had been getting frequent reminders from them (i.e. VIPs) & it would be better if we take up the cases immediately.” Out of the 60 people who want their candidates to work with Essar, there are candidates referred by Mr. Beni Prasad Verma (then Steel Minister), Mr. Sriprakash Jaiswal (then Coal Minister), Mr. Sanjeev Kumar (private secretary to then Minister for Petroleum & Natural Gas), Mr. Mohan Prakash (Congress general secretary in-acharge of 3 states), Mr. Digvijay Singh (senior Congress leader), Mr. Varun Gandhi (BJP leader) and Mr.  Yaswant Laguri (Lok Sabha MP from Keonjhar, Odisha). All these are also persons with whom Essar has official dealing with or who can help them in its business by the use of their influence, thus the same may amount to an offence under Section 11 of the Prevention of Corruption Act, and therefore needs to be thoroughly investigated. A copy of the email exchange dated 26.08.2013 is annexed as Annexure P12 (Pg ____________).

17)     In an email on 25.09.2013, Mr. Bajaj expresses the need to expedite the appointments of cases referred by influential persons. He states: “As discussed, please process & finalize the appointments of referral cases by VIPs. Delay is creating unrest in the minds of VIPs.” A copy of this email dated 25.09.2013 is annexed as Annexure P13 (Pg ____________).

18)     Following is a brief list of recruitments made by Essar at the instance of the “VIPs” as is clear from the email evidence:

a)       Mr. Rohit Verma is a referral from Mr. Yashbant Narayan Singh Laguri, Lok Sabha member from Keonjhar in Odisha. Essar Group’s interest in entertaining Laguri is significant since Essar has a steel beneficiation plant in Dabuna in Keonjhar district in northern Odisha. Mr. Bajaj writes in his e-mail on 13.05.2013: “I am forwarding the CV of Mr. Rohit Verma, this request came from Mr. Yashbant Narayan Singh Laguri who is MP Lok Sabha (Keonjhar) Orrisa where our plant is located. He has requested that Mr. Verma to be absorb in the group at any suitable position. Since, our plant location is at Keonjhar, Mr. Laguri would be a good helping hand for us, I would request you to kindly consider his case & do the needful.  Mr. Laguri came to our office personally for this request”. A copy of the email exchange dated 16.08.2013 is annexed as Annexure P14 (Pg ____________).

b)       Mr. Ratandeep Mishra is a referral from the then coal minister Mr. Shriprakash Jaiswal. In an e-mail dated 18.07.2013 Ms. Abha Nair, Human Resources, Essar writes: “Enclosing details on Mr. Ratandeep Mishra for your reference. Just for your information Mr. Himanshu Chakrawarti our CEO has had a one on one conversation with him & his HOD on 16th July 2012 for facilitating him with all the requirements possible to scale up his performance levels as his performance for last few months have been deteriorating”. On 20.07.2013, Mr. Ashish Rajgarhia, ESIL Chairman e-mails Mr. Bajaj: “Shri Jaiswal ji called Mr. PSR to discuss about the below candidate, details of his CTC / performance rating etc are all appended below – Mr. PSR has requested you to kindly meet the Minister and understand what exactly needs to be done.” A copy of the email exchange dated 20.07.2013 is annexed as Annexure P15 (Pg _____________). It is important to note that Essar has official dealings with the Coal Minister since it uses Coal for most of its power and steel projects. Thus its conduct may amount to an offence under the Prevention of Corruption Act, 1988.

c)       There are three more referrals from then coal minister Mr. Jaiswal that Mr. Bajaj forwards for recruitment. These are Mr. Chetan Dixit, Mr. Ankur Malviya and Ms. Gargi Mishra. Mr. Bajaj expresses the annoyance of the minister over the delay in recruiting his referrals: “During our recent meeting with Coal Minister Sh. Sri Prakash Jaiswal he had requested for recruitment of few people from his constituency.  He had given the CV of Mr. Chetan Dixit a month ago & shown his annoyance that even a small work is not being done by you and said you could tell me clearly if you are able to do it.” The e-mail also shows the urgency with which the senior management of Essar please the minister. The three appointment letters will have to be issued and delivered to the minister when chairman of the group Mr. Prashant Ruia meets the minister on the following day. The internal communication also shows that positions are created to accommodate these referrals. In this particular communication, Essar official Mr. S.M. Gupta states: “We do not have any vacancies for these candidates anywhere in India”. But Mr. Bajaj states: “Minister has further requested to issue the offer/appointment letter for Mr. Chetan Dixit & Mr. Gargi Mishra.  I am getting reminders from Minister, in fact, they are expecting appointment for 8-10 people whereas we have forwarded only 3 out of 10.” A copy of the email exchange dated 12.07.2013 is annexed as Annexure P16 (Pg _____________).

d)       Mr. Bajaj writes to Essar Group’s chairman Mr. Prashant Ruia: “Mr. Sanjeev Kumar Private Secretary to Minister MOPNG has requested for recruitment of his own nephew anywhere in the group.  His nephew Mr. Satyam Kumar has completed his engineering in Electronics & telecommunication from Chhattisgarh University.” A copy of the said email dated 12.07.2013 is annexed as Annexure P17 (Pg _____________). In a little over a month, an offer letter is issued requesting a note of acceptance. On 26.08.2013, Essar sends an offer letter to Satyam Kumar stating: “Dear Mr. Satyam, Congratulations, Enclosed herewith, please find a copy of your offer letter, we request you to give us an acceptance of the offer. We look forward to welcome you in the Essar Family.” A copy of the said email dated 26.08.2013 is annexed as Annexure P18 (Pg _____________).

e)       Mr. Bajaj writes an email on 01.04.2013: “Sh. Motil Lal Vohra ji has given the resume of Ms. Surbhi Purohit to be absorb in the group at any suitable position. Surbhi’s husband is already working with us in Mumbai. Since Vohra ji has personally requested me and the candidate is very close family linked with Vohra ji.  I would request you to kindly look into it.  Sh. Vohra ji generally does not tell any work although he is very senior member of Congress and presently having the position of Treasurer of Congress party.” He writes another email on 29.04.2013: “Sh. Motil Lal Vohra ji has telephoned me to know the status of Ms. Surbhi Purohit to be absorb in the group at any suitable position.” A copy of the email exchange dated 29.04.2013 is annexed as Annexure P19 (Pg ___________). An offer letter is issued to Ms. Surabhi Purohit on 17.05.2013: “Further to your interview with us, we are pleased to offer you the position of Deputy Manager with Essar Steel India Limited at level M-09. You will be paid emoluments as per the enclosed annexure. You will be required to join the office on 01 July 2013.” Surabhi Purohit is given a total salary of Rs. 54,167 per month plus other benefits (Rs. 6,50,000 annum). A copy of the said offer letter dated 17.05.2013 is annexed as Annexure P20 (Pg ____________). It is to be noted that the senior Congress leader is obliged at a time when Congress Government is running at the Centre and Congress politicians are in-charge of key Ministries like Petroleum, Coal, Steel with which Essar has official dealing. Thus this may amount to serious offences under the Prevention of Corruption Act, 1988.

f)       Mr. Satish Kumar Agarwal from the Central Board of Excise and Customs (CBEC) wants the Essar to absorb his nephew in its oil plant in Jamnagar and thus it becomes an urgent matter. Mr. Anand Singh, Vice President, Essar writes an e-mail: “Kindly request essar oil plant at Jamnagar to arrange for the training  as the request has come from  joint secretary cbec ministry of finance shri satish agarwal. Urgent matter.” A copy of the said email exchange dated 15.02.2013 is annexed as Annexure P21 (Pg ____________).

Other instances of favours

19)     In another instance of Essar using its financial resources to court favours from those with whom it has official relations, Essar’s Advisor (Corporate Communications) writes on 09.07.2013 that one Mr. Girdhari Nayak has been posted as DGP (Prisons) in Chattisgarh and has asked Essar to sponsor six students of National Law University, Raipur with Rs 2 lakhs. He further states: “It is possible that he may be posted as regular DGP after retirement of present DGP Mr. Ramnivas after 6 months… In my opinion we should help. I am sure, he will be helpful for us in future.” The proposal is promptly accepted on same day by Essar’s senior Vice-President Mr. Rajamani Krishnamurti: “We should do this, as he is going to be the DGP, Chattisgarh from January 2014 and has more than 7 years of service with him. Make it a CSR activity.” A copy of email exchange dated 09.07.2013 is annexed as Annexure P22 (Pg _____________).

20)     In other instance, a proposal is mooted to lay out 16-20 km of long road in a remote district of Odisha. Senior Vice-President Mr. Krishnamurti writes an email to Essar Management on 12.10.2013 briefing them about his meeting with the DG, Special Intelligence, Odisha Mr. V C Sajjanar. He states that Sajjanar “…expressed his inability to provide security 24/7… He was wondering if we could help them lay an alternative road for about a stretch of 16-20 kms as a CSR activity. He would then deploy armed CRPF on those critical locations. We need not have to pay for the deployment then… Moreover, he said we would make this as an initiative of the government without exposing our name.” A copy of the said email dated 12.10.2013 is annexed as Annexure P23 (Pg ______________).

21)     In a separate instance, the then Commissioner of Bastar (Chattisgarh) Mr. D C Mishra was given transportation by an Innova cab booked by Essar for his person trip from Delhi to Datia (near Gwalior) and back to Delhi. The emails clearly show that Essar arranged his personal trip as an investment for a possible favour that me be accorded to Essar in the likelihood of Mr. Mishra being made the Industry Secretary. A copy of the email exchange dated 10.12.2012 is annexed as Annexure P24 (Pg ___________).

22)     Essar Group is in the business of producing iron pellets of different grades for domestic consumption and export. The authorities in charge of transporting the pellets found an irregular quantity being directed for export and levied a heavy fine on ESIL and banned its routing of pellets to Paradip. The fine amounting to several crores was to be paid in 10 installments in six months. ESIL managed to get the ban lifted after the first installment of about Rs. 21 crore and resume business as usual. In an e-mail to the top brass of Essar Group on 08.10.2013, senior vice president Mr. Krishnamurti explains that a railway official “asked me not to haste things unnecessarily, as he had obliged us by starting the domestic movement from both Vizag and Dhamra within 8-10 days of the violation detected without setting up an inquiry committee to probe the violation, which would have stopped the operations for more that 90 days.” A copy of the said email dated 08.10.2013 is annexed as Annexure P25 (Pg _____________).

Planting stories in media and bestowing favours

23)     In November 2013, Reuters published a story about a China-bound Essar vessel carrying iron ore that was arrested in Singapore. The Reuters story stated “a vessel owned by Essar Shipping carrying iron ore bound for China was arrested in Singapore on Sunday due to a dispute with a bunker fuel supplier”. In response, Mr. Ashutosh Srivastava, Deputy General Manager-Corporate Affairs, Essar writes to the management on 21.11.2013: “If it was a protocol oriented blip we can think of giving some ‘off the record’ inputs to the journalist explaining him the not-so-serious nature of the incident. It may help in keeping the journalist in good humour and also potentially neutralize the Reuters Story.” A copy of the said email dated 21.11.2013 is annexed as Annexure P26 (Pg ____________).

24)     On 23.07.2012, Mr. Anil Agarwal, Sr. VP Essar writes a summary of his meeting with the Chairman of SAIL Mr. C.S. Verma. He states: “Chairman mentioned that Essar was planting stories thru media on NMDC pricing which was not in good taste. He mentioned that certain specific reporters …had given specific names of very senior Essar officials who had recently planted stories on NMDC which was not appreciated.” A copy of the said email dated 23.07.2012 is annexed as Annexure P27 (Pg ____________). Mr. Rajamani, the Senior Vice President of Essar finally closes this issue with the instruction: “Anyway, we need to be more careful in future in planting stories.” In response to the same, Mr. Agarwal reassures Mr. Rajamani by stating: “she has done numerous stories for us and we have not had any problem.” A copy of the email exchange dated 23.07.2012 is annexed as Annexure P28 (Pg ____________).

25)     Regarding the Bureau Chief of major newspaper in Dantewada (Chhatisgarh), an internal communication shows that Essar Group has co-opted the journalist to control the media in Dantewada. Mr. Rajamani Krishnamurti writes on 07.06.2012: “…had certain issues about he being discriminated and bypassed in contracts for last two years. He is an influential journalists and can be a big help to us in terms of information and opinion building, if we encash him to our advantage and at the same time will be great nuisance value if we ignore him.” A copy of this email dated 07.06.2012 is annexed as Annexure P29 (Pg ___________). Head-BP of Essar Steel India Ltd, Mr. B.M. Shettigar in his email to Senior Vice President Essar Mr. Krishnamurty writes on 04.11.2012: “On your words we have also given him transportation contract so that he can be favourable to us.” A copy of the said email dated 04.11.2012 is annexed as Annexure P30 (Pg ______________).

26)     An editor of major daily wrote a scathing article against Essar in India Today on the Ruias role in 2G scam in an article on 26.12.2011. Surprisingly, exactly a year later, there is an e-mail approving official Essar transport to him from 20.11.2012 to 01.12.2012. A copy of the email exchange dated 23.11.2012 is annexed Annexure P31 (Pg ______________).

27)     A journalist with major national daily had widely reported on Essar and its businesses for a very long time. Another e-mail indicates official transport by Essar for the said journalist from 08.11.2012 to 11.11.2012. A copy of the said email dated 26.10.2012 is annexed as Annexure P32 (Pg _____________).

28)     A journalist from major national news channel had been covering the 2G scam in 2011. An e-mail correspondence indicates that the Essar guest house in Delhi’s South Extension area is booked for his party of 15 people. A copy of the said email exchange dated 26.10.2012 is annexed as Annexure P33 (Pg ____________).

29)     Essar has long been unhappy with National Mineral Development Corporation’s (NMDC) pricing of iron ore. Their Monthly Information System (MIS) report states: “Planted stories …about the arbitrary pricing mechanism of NMDC.” A copy of the same has already been annexed as Annexure P1 above.

30)     A senior reporter with a major news channel asks Essar for a car for local use and Essar arranges a vehicle for her. A copy of email dated 05.10.2012 is annexed as Annexure P34 (Pg ____________).

31)     A Resident Editor of major vernacular newspaper is on his visit to Delhi from Jharkhand, asked for and got an accommodation from Essar in Delhi for two days. The email authorizing accommodation for him from Essar office reads: “He is very much supportive as far as our work concerned. It may pls be approved.” The response is: “Approved”. A copy of the email exchange dated 19.05.2012 is annexed as Annexure P35 (Pg ____________).

Funding Militants

32)     Essar Group has mining operations in some areas that are marked as sensitive due to active Maoist groups. It has been alleged that Essar Group has been funding the Maoist groups such that they steer clear of the group’s business interests. Chhaitsgarh police has registered a case for payment of Maoists and had arrested Essar’s senior executive as well as their building contractor Mr. B K Lala. A news report on the same is annexed as Annexure P36 (Pg _____________). On September 9, 2011, Mr. B.K. Lala, a contractor with the Essar group in Dantewada, was arrested for allegedly handing over Rs. 15 lakh to Maoists on behalf of the Essar Group. According to a report by The Indian Express on July 9, 2012, “as the company was accused of paying extortion money to Maoists, Essar GM DVCS Verma was arrested and slapped with sedition charges… Essar washed its hands of Lala after the case came to light.”

33)     The company had denied the allegations. Later, Mr. Lala turned government approver and reportedly claimed to have evidence against top officials of the Essar Group. In his petition before a Dantewada court, it is learnt that Mr. Lala stated: “Such disclosure and evidence will bring to light the modus operandi and activities of Essar, its owners and employees, and their criminal activities in the Naxal-affected areas.”

34)     Essar’s alleged payment of armed militants elements is evidenced by an e-mail communication dated 16.09.2013. The e-mail notes an imminent meeting of some Essar officials with the president of Bastar Parivahan Sangh, Mr. Malkeet Singh, in Vizag, regarding transportation of iron ore. Mr. Krishnamurti, Senior Vice President of Essar writes: “Our Vizag team is meeting them regarding transportation of iron ore.  We are already having lots of issues.  Hence, request you to advice our people to avoid adding few more onto the list. I had earlier sent you paper clippings about them last week”. Mr. Krishnamurti also forwarded an SMS from their source who had said: “Bastar ke farar apraadhiyon ki aaj essar ke adhikaariyon ke saath vizag me baithak hone ja rahi hai.essar ke adhikariyon ne inki khatir ke kiye hain intezam.in farar logon ko agar essar ke office se police giraftaar karegi to fir se essar ka naam bina vajah ghaseeta jayega. (The absconding people from Bastar will meet Essar’s officials in Vizag. Officials of Essar have arranged to host them. If these absconding people are arrested from Essar’s office by the police it will bring a bad name to Essar”). A copy of the said email dated 16.09.2013 is annexed as Annexure P37 (Pg _____________).

35)     There is also an email of 12.07.2012 which indicates that a Congress leader offers support to Essar in releasing press statements against Mr. Lala. Mr. Rajamani writes: “I spoke to Mr. Avadesh Gautam who is from Congress from Dantewada/Kirandul and requested his support in making press statements against Lala on his extortion tactics. He said he would help in getting the statements issued through the Bastar and Kirandul Nagar Palika Presidents respectively. However, he wanted the draft statements from us in Hindi that we intend to get on the press. The statements should include that CG Govt signed large number of MoUs for industrial investments keeping in mind the mineral resources of Bastar region and people like Lala will spoil the investment climate through his blackmailing tactics. Also include Lala’s exponential growth in the region…from rags to rich etc…” A copy of the said email dated 12.07.2012 is annexed as Annexure P38 (Pg _____________).

36)     The instant case has several similarities with the Radia tape case (WPC 16 of 2011) which showed Many illegalities and corrupt activities that have been exposed include appointment & functioning of regulators for extraneous considerations, appointments of ministers, various contracts, corruptly influencing various decisions of public authorities and ultimately this Hon’ble Court was pleased to direct a court-monitored investigation vide its detailed order dated 17.10.2013. A copy of the said order is annexed as Annexure P39 (Pg ______________). The petitioner society respectfully submits that similar orders would need to be passed in the instant petition.

37)     Since this is a public interest matter, and there is an asymmetry of availability of information, the petitioner seeks liberty from this Hon’ble Court to produce other documents and records as and when required in the course of the proceedings, and as and when they become available to the petitioner.

38)     The Petitioner Society has not filed any other writ, complaint, suit or claim in any manner regarding the matter of dispute in this Hon’ble Court or in any High Court or in any court throughout the territory of India. The Petitioner has no other effective remedy available.

Grounds

1. That the internal emails and documents from one of India’s biggest business group reveal how in violation of the Constitution and the laws of the land, the major corporate like Essar manage to influence the political executive, the bureaucracy, the police and the media, in order to serve its business interests rather than public interest which they are legally obligated to uphold.
2. That the emails show how Essar bribes and bestows favours on Ministers, top politicians, top bureaucrats and police officers in violation of various sections of the Prevention of Corruption Act 1988. These favours are in the form of expensive gifts and jobs to the persons they recommend.
3. That the conduct of the journalists and media companies in taking favours from corporates and in carrying out planted stories is in violation of journalistic norms and ethics. The Government of India is obligated to withdraw the privileges like subsidized land, newsprint, houses etc. 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
4. That the entire matter is crying out for a thorough court-monitored investigation by an SIT or CBI since the same is necessary to uphold democracy, the rule of law and rights of the citizens under Articles 14 and 21 of the Constitution of India.
5. That the prevailing corruption in the country in high places seriously impairs the right of the people of this country to live in a corruption free society governed by rule of law. This is a violation of Article 14 and 21 of the Constitution. The right to life guaranteed to the people of this country also includes in its fold the right to live in a society, which is free from crime and corruption.

Prayers

In view of the facts & circumstances stated above, it is most respectfully prayed that this Hon’ble Court in public interest may be pleased to: –

1. Issue a writ of mandamus or any other appropriate writ directing a thorough court-monitored investigation by an SIT or the CBI into the high level of political-bureaucratic-corporate nexus wherein corporates like Essar 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.

1. Issue a writ of mandamus or any other appropriate writ directing the Union of India to cancel the privileges like subsidized land, newsprint, houses etc. 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, after a suitable inquiry is carried out by an independent committee into the issues and instances raised in this petition.

1. Issue a writ of mandamus or any other appropriate writ framing guidelines regarding: a) the phenomenon of corporate gifts and favours being bestowed on public servants or on those who can exercise influence over public servants, b) access, meetings and interviews between the ministers & bureaucracy and the representatives/employees of commercial interests including consultants, facilitators, middlemen and lobbyists, and c) the issue of paid news/stories planted in the media through journalists who are conferred various favours by corporate houses.

• Issue or pass any writ, direction or order, which this Hon’ble court may deem fit and proper under the facts and circumstances of the case.

Petitioner

Through

PRASHANT BHUSHAN

(9)