2g scam: ndtv in the dock - sanjay srivastava
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Petition for 2G Scam filed in the Special Court by serving IT Commissioner Sanjay Srivastava. Date: Saturday, 26 November, 2011, 22:29.TRANSCRIPT
IN THE COURT OF HON'BLE SRI O.P. SAINI,LD. SPECIAL JUDGE, CBI COURT,PATIALA HOUSE COURT, DELHI.
CC Ncs-1/2011RC/45-A/2009/CBI/ACB
New Delhi
U/s P.C. Act, 1988.NDOH 15.11.2011
IN THE MATTER OF :
CBI Complainant
Vs.
A Raja & Ors...Respondents
AN APPLICATION U/S 319 OF Cr. P.C. 1973 READ WITH
SECTION 311 OF Cr.P.C., 1973 FOR EXAMINATION OF
APPLICANT IN ATTENDANCE BEFORE THIS HON'BLE COURT
IN THE MATTER OF RECEIPT & LAUNDERING OF BRIBE
MONEY OF 2 G SCAM IN EXCESS OF Rs. 2,000/- CRORES BY
M/S NDTV LTD. THROUGH ILLEGAL HAWALA ROUTE AND
FICTITIOUS JAMAKHARCH ENTRIES AS SHARE
CAPITAL/CONTRIBUTION OF SUBSIDIRIES OF M/S NDTV
LTD. HUSHED UP THROUGH BRIBE AND ILLEGAL
GRATIFICATION PAID TO CORRUPT GOVT. OFFICERS LIKE
MS. SUMANA SEN (IRS 99005) & TO PROCEED AGAINST
DIRECTORS, OWNERS & EMPLOYEES OF M/S NDTV LTD.
AND ACCOMPLICE PUBLIC SERVANTS FOR OFFENCES
UNDER THE PC. ACT, 1988, IPC, 1860, THE IT (P) ACT,
1956, THE O.S. ACT, 1923 AND OTHER LAW FOR WHICH
THEY ARE TO BE TRIED WITH OTHER ACCUSED BEING
TRIED IN 2 G SCAM BEFORE THIS HON'BLE COURT.
MOST RESPECTFULLY SHOWETH:
That, the applicant is a citizen of India and is an officer of 1987
Batch of Indian Revenue Service (IRS) working as Commissioner of
Income Tax in Delhi though under orders of transfer to Ranchi and
is competent to invoke the jurisdiction of this Hon'ble Court U/s
319 86 311 of Cr.P.C. 1973 to get himself examined by this Hon'ble
Court in the matter of crime and offences committed in the case of 2
GScam (CC No.-l of 2011 in RC/45-A/2009/CBI/ACB/New DelhiU/s The P.C. Act, 1988) involving receipt of bribe money in excessof Rs. 2,000/- Crores in the case of 2GScam currently under trialbefore this HonTDle Court by M/s NDTV Ltd., its 100 %ownedsubsidiaries {two foreign based companies, M/s NPTV NetworkPlc.. uk. and */* NDTV Ne*™** BV. Holland (being 10Q %owned subsidiaries of M/s NDTV Ltd.) and 5 Indian companies,M/s NDTV Imagine Ltd., M/s NDTVLife style Ltd., M/s NDTVLabs Ltd., M/s NDTV Convergence Ltd. and M/s NDTV MediaServices Ltd., (100 %owned subsidiaries of M/s NDTV Ltd., sincemerged with M/s NDTV Ltd. to complete the money launderingexercise)} alongwith directors of subsidiary companies, theDirectors, owners and employees and accomplices of M/s NDTVLtd. including culpable Public servants like Ms. Sumana Sen (IRS99005) etc., for which those/accused persons are required to betried with other accused in 2 Gscam before this Hon'ble Court inthe matter of receipt of bribe money in excess of Rs. 2,000/- Croresof 2 Gscam by M/s NDTV Ltd. on behalf of its accomplice Publicservants, laundering of illegal slush money being bribe money of 2Gscam in excess of Rs. 2,000/- Crores through illegal hawala routearid fictitious jamakharch entries to show that bribe money asShare Capital/Share Contribution of 100% owned subsidiaries ofM/s NDTV Ltd. thatjwere deliberately and wilfully not disclosed by;M/s NDTV Ltd. in its audited accounts with the malafide intent toobstruct any inquiry in its laundering of illegal slush funds inexcess of Rs. 2,000/- being bribe money of 2 GScam though thatwas mandatory.to be disclosed under applicable law, evasion oflawful taxes of Govt, in excess of Rs. 1,200/- Crores, embezzlementof Public money to the extent of Rs. 1,46,82,836/- through forgeryand fraud, paying bribe and illegal gratification to Ms. Sumana Sen(IRS 99005), DCIT, Circle. 13 (1), Delhi (the then) and AssessingOfficer of M/s NDTV Ltd. under various Direct Tax Acts (the EstateDuty Act, 1953 (34 of 1953), the Wealth-tax Act, 1957 (27 of 1957),the Expenditure-tax Act, 1957 (29 of 1957), the Gift-tax Act, 1958(18 of 1958), the Income-tax Act, 1961 (43 of 1961), the SuperProfits Tax Act, 1963 (14 of 1963), the Interest-tax Act, 1974 (45 of
*1974), the Hotel-Receipts Tax Act, 1980 (54 of 198Q); theExpenditure-tax Act, 1987; and any other duty or tax which, havingregard to its nature or incidence, may be declared by Central Govt.
-«%•*
*£IN THE COURT OF HON'BLE SRI O.P. SAINI,
LD. SPECIAL JUDGE, CBI COURT,^ PATIALA HOUSE COURT, DELHI.
CCNO.-1/2011RC/45-A/2009/CBI/ACB
1 New DelhiU/s P.C. Act, 1988.
NDOH 25.11.2011
TN THE MATTER OF :
SI.
No.
1.
CBI Complainant
Vs.
A Raja & Ors...Respondents
INDEX
Particulars
Application U/s 319 Cr.P.C, 1973 readwith Section 311 Cr.P.C, 1973.
Vakalatnama
PageNo.
1-31
32
New Delhi
Dt. 24-11-2011Filed through
Harihar Pratap Singh, Adv.405, Lawyers Chambers,
Patiala House Court,New Delhi-110001.
to be Direct Tax} being spouse of Sri Abhisar Sharma, an employeeof M/s NDTV Ltd. who did not intimate the Govt, about that fact,inspite of mandatory requirements of Rule 4 of CCS (Conduct)Rules, 1964, violation of which entails imposition of major penaltyincluding dismissal from Govt, service being all expenses paid freepleasure trip to Europe during 12* April, 2005 to 20* April 2005 byBritish Airways Flights BA 142 &BA 143 that cost to M/s NDTVLtd. and thus, payable by Ms. Sumana Sen, in excess of Rs.1,00,00,000/- as consideration to first commit offences mentionedherein and then hush up those offences, conspiring and connivingwith Public servants to get inquiries in their offencesclosed/scuttled/blocked, setting up Ms. Sumana Sen (life 99005)and Ms. Ashima Neb (IRS 99010), women of dubious repute andcharacter involved in the prostitution who had admittedly had andwho continue to have illicit extra-marital sexual relations with largenumber-of their male colleagues as consideration for not gettingproceeded against under Service Rules as also The Prevention ofCorruption Act, 1988 and other law applicable to crime, criminalityand offences committed by them {Ms. Sumana Sen (IRS 99005) andMs. Ashima Neb (IRS 99010)} as was done by Ms. Sumana Sen in
. Suite No.-10 of Income Tax Guest House on Infantry Road inBangalore during 16* of November, 2005 and 19* of November,2005 where she stayed with Sri P.K. Mishra to provide to Sri P.K.Mishra and others sexual gratification in lieu of non-initiation ofvigilance inquiries against her and which she has admitted and
: declared in her T.A. Bills submitted in December, 2005 and as wasdone by Ms. Ashima Neb @Ms. Ashimina Nele @Smt. Ashima Nebin Bangalore during 16* of November, 2005 to 21* of November,,2005 to provide sexual gratification to Sri P.K. Mishra and others inlieu of non-initiation of vigilance cases against her in the matter ofillegal losses caused by Ms, Ashima Neb to Public Exchequer togratify one Sri Timmy Khanna, her alleged husband and pimp, theft.of secret and confidential records and documents of Govt, throughbribe and illegal gratification, procuring secret and confidentialrecords of Govt, illegally for unlawful benefit when those recordswere denied to M/s NDTV Ltd. under RTI Act, 2005 and M/s NDTVLtd. did not muster courage to challenge that denial order beforeappellate Authorities and superior Courts, etc. of M/s NDTV Ltd.,its Directors, employees and accomplice Public servants, etc. who
are liable to be prosecuted along with other accused persons beingprosecuted before this Hon'ble Court in 2GScam.
2. That, had the applicant not been constructively prevented by Sri P.Chidambaram, Hon'ble Finance Minister from conducting andcontinuing with the inquiries, in the affairs of M/s NDTV Ltd.through fictitious and mischievous Charge Sheets and fraudulent Nsuspension as ordered by Sri P. Chidambaram, Hon'ble FinanceMinister (the then) on fraudulent charges of sexual harassment,sexual assault, molestation and rape of Ms. Sumana Sen (IRS99005) and Ms: Ashima Neb (IRS 99010), women of dubious reputeinvolved in serial and organized prostitution and prostitutes in
' terms of Clause 2 (f) of Section 2 of Immoral Traffic (Prevention) Act,1956 and illicit extra-marital sexual relations with large number ofmale colleagues and recruited and deployed by M/s NDTV Ltd. tofake^ sexual harassment, sexual assault, molestation and rape, the 2G Scam would have got detected in 2007 itself and would have ,perhaps got hipped in its bud, sparing the Public Exchequerplunder of Public revenue. Applicant is benumbed by desperate andhysterical acts of Sri P. Chidambaram who was under oath toadhere to the' Rule of law. and to protect and upheld theConstitution of the country, to protect and shield M/s NDTV Ltd. inits theft of Public money and Public revenue (Rs. 1,200/- Crores oflawful taxes) and laundering of illegal slush funds in excess of Rs.2,000/- Crores being bribe received by Public servants in 2 GScamand commit and allow and sponsor committing of fraud andforgeries by his chosen and accomplice IRS officers like debauchedand serial offenders Sri I>.K. Mishra (IRS 70017), Sri R. Prasad (IRS70036), Ms. Sumana Sen (IRS 99005), Ms. Ashima Neb (IRS 99010),Ms. R. Bhama (IRS 86018), etc. and to permit and patronizeorganized serial prostitution in Income Tax Deptt. to opiate the painand shock, emanating of his disgusting acts and despicable conduct.
3; That, applicant has dealt with the case of M/s NDTV Ltd. in courseof his official duties as Addl. DlT (Inspection) being in-charge ofInspection Division of CBDT and Preventive Vigilance inl.T. Deptt.and is aware of evasion of large scale tax by M/s NDTV Ltd. (Rs.1,200/- Crores of lawful taxes), embezzlement of Public money (Rs.1,46,82,836/-) and laundering of illegal slush funds in excess of Rs.
^hiTr« -m.k (^?hifa the Resort. Deep River, Beau Champ,^<:i= Mauritius, somber 7009 to October, 2009) who hasbeen escorting,her clients to Dubai, U.S.A., Mauritius etc. throughthe efforts of her pimp Sri Timmy Khanna, also doubling up as herhusband for prostitution; to fake sexual harassment, sexualassault, molestation and. rep'eated rape by applicant (as was doneby them before-CVC on 2.6.2006 and before CBDT on'6-.6.2006 andsubsequently, before Ms. Indira Bhargava, Chairman, CBDT, SriK.M. Chandrasekhar, Revenue Secretary and Sri P. Chidambaramhimself) in course of applicant's efforts to defend him in the wake ofdepartmental and criminal cases filed against him by thoseprostitutes (Ms. Sumana Sen. and Ms. Ashima Neb) and their pimps,touts and clients like Sri B.K. Jha, DIT (HRD) and Sri S.S. Rana,Member (Inv.),'CBDT, etc., has learnt more about the crime andoffences ofM/s NDTV Ltd. and is of the considered view that money ,laundered by M/s NDTV Ltd. being about Rs. 2,000/- Crores, ispart of bribe received by Public servants and is confidant that hecan meet the test ofjudicial scrutiny if this Hon'ble Court lets himexamine as prosecution witness and refer to the official records anddocuments of Govt, and other authorities.
That, applicant is further strengthened in his assessment thatmoney (about Rs. 2,000/- Crores) laundered by M/s NDTV Ltd.belongs to Public servants and is part of @G Scam bribe receivedby those Public servants by the despicable and nauseating acts ofSri P. Chidambaram in preventing the applicant from proceeding
with inquiries against M/s NDTV Ltd. by implicating the applicantin mischievous and malafide departmental proceedings through
forged and counterfeit records and documents while he was theFinance Minister (counterfeit Refund Approval Register forged by Sri
P. Chidambaram and his cronies, fictitious Writ Petition and forged
judicial orders of Hon'ble Delhi High Court forged by Sri P.Chidambaram and his cronies, forged letters in the name of
applicant sent to various authorities, etc., which are articles ofcharge pressed against applicant, in Charge Sheet dt. 3.4.2006 U/r14 of CCS (CCA) Rules, 1965,at the behest of Sri P. Chidambaram),to name only a few instances of forgery and counterfeiting by Sri P.Chidambaram and his cronies and mischievous criminal cases
through forged.official records and forged judicial orders after Sri P.
7
Chidambaram became Hon'ble Minister of Home Affairs (FIR No.-
153 of 2009 U/s 509 of IPC, 1860 by P.S. Barakhambha Road,
Delhi on tiie allegations ofenraging the modesty of Ms. Sumana Sen
and Ms,. Ashima Neb in September, 2009 and FIR No.-514 of 2009U/s 509 and 500 of IPC, 1860 on the allegation^ enraging themodesty of Ms. Ashima Neb) and getting the applicant arrestedtwice in the course of the day on 8.1.2010 though offences alleged
against applicant were bailable and applicant was fully cooperatingwith the Police and wherein applicant was "granted bail by the Court
immediately. The desperation and malafide of Sri P. Chidambaram
to scare and intimidate the applicant to give up his quest for justice
in the matter of laundering of money by M/s NDTV Ltd. and
consequent and resultant persecution heaped upon him for having
discharged his duties as per law and the utter helplessness of CBI
and its decision making hierarchy, who are under the Cadre Control
authority of Sri P. Chidambaram being Hon'ble Minister of Home
Affairs, further corroborates reasonable assessment of applicant
that money laundered by M/s NDTV Ltd. is part of bribe received by
Public servants in 2 G Scam. '
That, M/s NDTV, has historically been accused of paying bribe to
Public servants to get illegal and unlawful benefits and then hush
'" up its crime and criminality and has been prosecuted for that by,
inter-alia, CBI among other investigating agencies. One such FIR
registered by CBI against M/s NDTV Ltd. and Sri Pronoy Roy {FIR
No.-RC.2(A)/98 SCU (II), dt. 9.1.1998 U/s 120 B IPC r/iv 13 (2)
r/w 13 (1) (d) of P.C. Act, 1988 and substantive offences
naming Sri Pronoy Roy, MD, M/s NDTV Ltd. and M/s NDTV Ltd.
& Ors as accused), which is only illustrative and not exhaustive
compilation of•criminal activities of M/s NDTV Ltd., is being relied
upon by the applicant to support the submissions made herein.
That, corrupt and unlawful acts and conduct of M/s NDTV Ltd.
involving the inquiry initiated by applicant against that company in
2006-07 was judicially noticed though not proceeded against
because of technical reasons by Hon'ble Delhi High Court in Court
On Its Own Motion vs State Arid Others, Crl. /W.P. No.-796 of 2007,
judgment dt. 21.08.2008 and is extracted as under-
% 8
"45. As far its Mr. Anand is concerned, he stated in hisaffidavit dated 3rd October, 2007 that he was handed over afile containing serious., allegations .of a tax fraud committed byNDTV and some other entities. He was in the process ofsettlinga First Information Report to the police and initiating a publicinterest litigation in connection with the tax fraud. NDTV wasaware of the fact that Mr. Anand was in possession of therelevant- papers and so the telecast was made on 30th May,2007 to deter him from bringing the tax fraud out in the open."
8. That, the applicant states that M/s NDTV Ltd. and its owners,
Directors, employees, inculpable Public servants like Ms. Sumana
~Sen, Ms. Ashima Neb, etc. and accomplices has committed various
offences under various acts by receiving bribe money of 2 G Scam in
excess of Rs. 2,000/- Crores on behalf of corrupt Public servants,
laundering bribe money of 2 G Scam in excess of Rs. 2,000/- Crores
through illegal hawala route and fictitious jamakharch entries of
Share Capital/Share contribution of two foreign based companies,
M/s NDTV Network Pic.. U.K. and M/s NDTV Network BV.
Holland which has not been disclosed by M/s NDTV Ltd. in its
accounts submitted to Registrar of Companies and Income Tax1
authorities though that was mandatory to be disclosed and has got
the matter hushed up by paying bribe and providing illegal
gratification to corrupt Public servants like Sri R. Prasad (formerly
CCIT, Delhi V and presently Member, Competition Commission of
India), Sri A.K. Handa (formerly CCIT, Delhi V and presently Income
Tax Ombudsman), Sri P.K. Mishra and Ms. Sunita Kaila (both
former CVOs of CBDT), Sri N.C. Joshi, (formerly CIT (OSD) (Vig) in
the O/o CVO, CBDT and presently CCIT in Mumbai), Ms. Kiran O.
Vasudev (formerly DIT (Vig), North and presently CCIT in Mumbai),
Sri BPS Bisht (formerly CIT (Vig) in CBDT and presently CIT in
Kanpur), Sri N.K. Sangwan (formerly DIT (Vig) North and currently
CIT in Mumbai), Sri Prakash Chandra (formerly CIT, Delhi V), Sri
S.S.N. Murthy (formerly Chairman, CBDT), Ms. Sumana Sen
formerly Assessing Officer of M/s NDTV Ltd.), Sri B.K. Jha, Sri S.S.
Rana, Ms. Ashima Neb, Ms. R. Bhama, etc.-and by getting applicant
implicated in false criminal -and departmental through forged and
fabricated records and documents and women of dubious, repute,
character and reputation like Ms. Sumana Sen (IRS 99005) and Ms,
Ashima Neb @ Ms. Ashimina Nele @ Smt. Ashima Neb being
prostitutes involved in illicit extra-marital sexual relations with
several of male colleagues and on the pay-roll of M/s NDTV Ltd. and
its owners/ Directors and employees, based upon which Sri P.Chidambaram, Hon'ble Finance Minister (the then) issued 2 Chargesheets to applicant and placed him under suspension on allegationsof sexually harassing, molesting, sexually assaulting and raping Ms.Sumana Sen and Ms. Ashima- Neb, at their homes/in NOIDA andoffices in Delhi, keeping him under illegal suspension during theperiod M/s NDTV Ltd. was busy laundering the illegal slush fundsin excess of Rs. 2,000/- Crores being bribe received in 2 GScam byPublic servants with the malafide intent and motives to stall inquiryin the affairs of M/s NDTV Ltd. as that would have led the applicantto money laundering exercise of M/s NDTV Ltd. and possibly eventhe real recipient of bribe in 2 GScam who had to be someone whowas the decision maker and who had either not taken the decisionrequired to be taken or who had taken some decision that was notrequired to be, undertaken by that person/ authority in the factsand circumstances of the case.
That, crime, criminality and offences of M/s NDTV Ltd. is evidentfrom its having concealed affairs of its 100 % owned subsidiariesM/s NDTV Network Pic U.Kr and M/s NDTV Network BV, Holland
by not including those subsidiaries in its audited accounts andalthough M/s. NDTV Ltd. moved application before Ministry ofCorporate Affairs for condoning of its lapse, it did not disclose andhas not disclosed those subsidiaries till date when it has receivedhuge amount of money allegedly through Private Placements inthose companies subsequently brought into M/s NDTV Ltd. viaMauritius and another set of subsidiaries {M/s NDTV Imagine Ltd.,M/s NDTV Life style Ltd., M/s NDTV Labs Ltd., M/s NDTVConvergence Ltd. and M/s NpTV Media Services Ltd., (100 %ownedsubsidiaries merged with M/s NDTV Ltd. to complete the moneylaundering exercise)} and thus it is clear that omission to includeand ^w»'m/s NF>TV Network Pic...U.K. and M/s NDTV NetworkBV. Holland in its audited accounts by M/s NDTV Ltd. was
deliberate and wilful aimed at preventing scrutiny of affairs of thosesubsidiaries, as that would have revealed money laundering andreceipt of unaccounted money by M/s NDTV Ltd. and would havealso led to the real owner/recipient of bribe in 2 G Scam, on whose
behalf, M/s NDTV Ltd. has laundered the bribe money.
10
# 10. That, it is ridiculous that when no one was willing to invest in M/sNDTV Ltd. with all its profile and businesses, Private investorschose to dump their money in little known Letter Box ShellcompaniesWs NDTV Network Pic. U.K. and M/s NDTV NetworkBV. Holland) which had no business, no Share Capital base, no
projects in hands, no offices, no.staff and absolutely no activity toattract investment that those subsidiary companies are claimed tohave attracted by M/s NDTV Ltd. and which was in any case
concealed by M/s NDTV Ltd. from scrutiny by excluding that fromits audited accounts when M/s NDTV Ltd. was unable, with all of
its and inspite of its profile to attract any investment or ,any
investor, either in Public domain or through Private Placement.
11. That, farce and fraud of M/s NDTV Ltd. is evident from the one way
journey of money in those subsidiaries i.e. M/s NDTV Network Pic,III, and M/s NDTV Network BV. Holland where money received
through alleged Private Placements was first taken to Mauritius andJthen brought into books of M/s NDTV Ltd. through its Indiansubsidiaries which makes one squirm in utter astonishment that if
someone was interested in investing in M/s NDTV Ltd,, why was
that investor taking so much trouble to carry its money through so
much travelling i.e. first investing in little known companies in U.K.
and Holland, then carrying that money to Mauritius, then bringing
that into another set of subsidiaries of M/s NDTV Ltd. and finally
getting that money parked in M/s NDTV Ltd., when that investor
could have, very easily invested directly in M/s NDTV Ltd.
Obviously, someone was attempting to hide something and M/s
NDTV Ltd. was aiming tq lose the tr^il of money brought into its_
books, which alone warranted inquiry in its affairs and to prevent
which M/s NDTV Ltd. did not and has, till date, not disclosed the
affairs of M/s NDTV Network Pic. U.K. arid M/s NDTV Network BV,
Holland in its audited accounts, though that was mandatory and
has not been permitted to M/s NDTV Ltd. by Ministry of Corporate
Affairs while condoning its lapses.
12. That, fraud and farcical alibi of M/s NDTV Ltd. is further clear from
the fact that M/s NDTV Network Pic, U.K. and M/s NDTV Network
BV. Holland while having made investments in Indian subsidiaries
of M/s NDTV Ltd. (M/s NDTV Imagine Ltd., M/s NDTV Life style
11
Ltd., M/s NDTV Labs Ltd., M/s NDTV Convergence Ltd. and M/sNDTV Media Services Ltd.) did not ask for matching
• allotment/allocation of shares of M/s NDTV Ltd. when thosesubsidiaries were merged with M/s NDTV Ltd. and legally andfinancially, investments of M/s NDTV Network Plc/UX and M/sNDTV Network BV. Holland came to cease forever with the merger of
companies in' which those investments were; made by thosecompanies. It is diabolically horrendous that why investors in M/sNDTV Network Pic. U.K. and M/s NDTV Network BV, Holland •
would agree for such criminal and unlawful misappropriation anddisappearance of its money and investment by the acts of M/sNDTV Ltd., which is what happened by the merger of subsidiaries ofM/s NDTV Ltd. with that company i.e. M/s NDTV Ltd:
13. That, fraud and farcical alibi of M/s NDTV Ltd. is also clear fromthe fact that M/s NDTV Network Pic. U.K. and M/s NDTV Network
BV. Holland have not paid any dividend or given any return to any
of its so-called Private or otherwise investors, which is tell-tale sign
ofownership of money invested in those companies lying with nonebut M/s NDTV Ltd. itself and to prevent scrutiny of which, M/sNDTV Ltd. did not disclose and include the affairs of M/s NDTV
Network Pic. U.K. and M/s NDTV Network BV. Holland in its
audited accounts arid has riot disclosed and included till date which
was never permitted by Ministry of Corporate Affairs.
14. That, it is quite widespread to launder legal blackmoney throughjamakharch entries as Share Capital and with far less effort andexpenditure, M/s NDTV Ltd. would have got that done had itsblackmoney been legal, i.e. generated in legal business but not
accounted for paying taxes under various taxation laws.) However,
the blackmoney with M/s NDTV Ltd. being illegal blackmoney i.e.
generated in illegal activities and then concealed from taxationauthorities not only to avoid paying taxes on that but also to cover
up the source of that money as any inquiry in the taxability of that
money would have ted to its source i.e. bribe received by Publicservants in 2 G Scam'and to avoid that, M/s NDTV Ltd. took the
trouble of floating 100% owned subsidiaries in U.K. and Holland,
introducingits illegal slush money in those subsidiaries as PrivatePlacements, carry that money first to Mauritius and then to Indian
12
subsidiaries and to merge those subsidiaries with M/s NDTV Ltd. tocomplete the laundering and parking exercise of illegal slush moneyin excess of Rs. 2,000/- being bribe received by Public servants in 2
• GScam, taking about 4years to complete the work that would havetaken maximum of 6 months, had that been done through normaljamakharch entry operators.
' • < f
15. That, Inspection of the case of M/s NDTV Ltd. that was undertakenby the applicant in the matter of allowance of inadmissibledeductions U/s 80 HHF of I.T. Act, 1961 to M/s NDTV Ltd. and thedubious role of Ms. Sumana Sen. in facilitating that fraud, wouldhave certainly led the applicant to the laundering of illegal slushfunds in excess of Rs. 2,000/- Crores that was underway at thetime, applicant had undertaken the Inspection of the case of M/sNDTV Ltd. and desperate to stall that, Ms/ NDTV Ltd. used itsinfluence with. Sri P. Chidambaram, Hon'ble Finance Minister (thethen) and got,issued to applicant a Charge sheet through fake,forged, fabricated and counterfeit records and documents and whenthat also did not seem toworking, it deployed Ms. Sumana Sen andMs. Ashima Neb being on its pay-roll and involved in prostitutionand illicit extra-marital sexual relations with large number of male
. colleagues as consideration to evade inquiries in their acts ofcorruption and embezzlement of Public money and Public revenuein excess of Rs. 3,00/^ Crores escorting their Clients as wives under
fake and incorrect names (as was done by Ms. Ashima Neb whoescorted her clients as Ms. Ashimina Nele and signed Guest
Registers as Smt. to cover up her prostitution) and staying in Hotelsand Guest Houses as man and wife (as was done by Ms. Sumana .
Sen wh6 stayed with Sri F.K. Mishra in Suite No-10 of InfantryRoad Guest House of Income Tax Deptt. in Bangalore to provide
sexual gratification to Sri P.K. Mishra and others) to fake sexualharassment, sexual assault, molestation and repeated rapes by theapplicant and through such despicable and nauseating ploy, Sri P:Chidambaram removed the applicant from the trail of M/s NDTV
Ltd. and saved that company from the lawful consequences of itsunlawful activities by placing him under suspension and extendingthe suspension repeatedly even.;when Hon'ble Courts kept quashingthe suspension of the. applicant. The conduct of Sri P.Chidambaram is bizarre.
13
# 16. That, applicant is amply supported in his conclusions by thestrange conduct of Sri Milap Jain, DGIT (Inv.)-, Delhi who did notallow operation U/s 132 (1) of I.T. Act, 1961 in 2008 in the case ofM/s NDTV Ltd. in an independent investigation conducted by
• another officer completely independent of inquiries by applicanteven though there were adequate and overriding evidence collected
by that officer to warrant such action and insured that investigationin the affairs of M/s NDTV Ltd. got stalled and did not proceed atall. Obviously, the Finance Ministry headed by Sri P. Chidambaram,did not want any investigation in the case of M/s NDTV Ltd. andwas keen to let it have free run.
17. That, it is matter of record that M/s NDTV Ltd. has not disclosedthe accounts of two foreign based companies, M/s NDTV Network
Pic, U.K. and M/s NDTV Network BV. Holland its 100 % owned
subsidiaries in its accounts where it was raising huge amounts of
money in the garb of Share Capital/Share contribution beingfictitious jamakharch entries that was mandatory and though it got
the lapse ex-post facto condoned by Ministry of Corporate Affairs, itdid not disclose the affairs of those two companies even then and
. thus perpetuated the illegality and criminality, but no action waspermitted by superior authorities in.the case of M/s NDTV Ltd,though that was exactly what was recommended by concernedinvestigations officers. Obviously, someone high enough in the
Ministry of Finance headed by Sri P. Chidambaram, did not want
' investigation in the affairs of M/s NDTV Ltd., as that would have. • • ~j
revealed not only the money laundering exercise of M/s NDTV Ltd.,
but its linkage with the 2 G-Scam and possibly the owner of bribe
money of about Rs. 2,000/- Crores that was being laundered by
M/s NDTV Ltd. during that period.
' 18. That, present applicant, while working as Addl. DIT (Inspection), in-
charge of Inspection Division Of CBDT and Preventive Vigilance set
up in Income Deptt. that functions administratively under thecontrol of CBDT but for technical supervision and control works
under Comptroller & Auditor General of India and Public Accounts
Committee of Parliament, received credible intelligence that Ms.
Sumana Sen, DCIT Circle 13 (1), Delhi, whose spouse Sri Abhisar
Sharma was an employee of M/s 'NDTV Ltd. (during October, 2003
• -14
to October, 2007) has not complied with the requirements of Rule 4of CCS (Conduct) Rules," 1964 to,disclose and intimate the Govt,about the- employment status of her spouse Sri Abhisar Sharmawith private companies/firm and by concealing that crucial andmaterial fact from Govt., got her appointed as Assessing Officer of
M/s NDTV Ltd. under various Direct Tax Acts referred to in Para 1and has conspired and connived with M/s NDTV Ltd. in theft of
Public revenue and Public money in excess of Rs. 2,00/- Crores.
19. That, on formal action, allegations were found to be correct and
applicant ordered an inspection of M/s NDTV Ltd. whereby an
Inspection Note was raised by applicant on 7.3.2007 and sent to
CCIT, Delhi V which was accepted by the Govt, and assessment of
M/s NDTV Ltd. for A.Y. 2002-03 was cancelled U/s 263 of I.T. Act,
1961 by CIT, Delhi V on 29.3. 2007 with directions to Assessing
Officer do the assessment de-novo which was duly done on• 31.12,
2007 accepting the findings of applicant and making appropriate
additions and bringing additional revenue to Public Exchequer that
was hitherto evaded by M/s NDTV Ltd. in collusion with corrupt
Public servants like Ms. Sumana Sen and others.
20. That, subsequently, applicant in course of his defence in various
departmental inquiries set up against him by Sri P. Chidambaram,
Hon'ble Finance Minister (the then) learnt that Ms. Sumana Sen
was paid bribe arid provided with illegal gratification by M/s NDTV
Ltd. to facilitate evasion of not only the lawful taxes due to Public
Exchequer but also laundering of illegal slush funds in excess of Rs..
2,000/- Crores, that was part of bribe,.etc received in 2 G Scam by
corrupt Public 'servants in a position to take decisions.
21. That, Ms. Sumana Sen and Ms. Ashima Neb, in course of
proceedings before the Court ofld. CJM, NOIDA, U.P. in the matter
of directions of Court U/ s ,156 (3) for registration of FIR^ for being
involved, inter-alia,in prostitution, etc. has claimed that because of
complaints of applicant certain inquiries/investigation were
undertaken by CBI against them and CBI officers visited the O/o
CCIT (CCA), Delhi and after inspecting the records, exonerated them
of all the allegations of bribe taking, etc. that was alleged by
v •
15
applicant in his complaints against those women i.e. Ms. SumanaSen (IRS 99005) and Ms. Ashima Neb (IRS 99010).
22. That, it is correct that applicant has lodged complaints against Ms.Sumana Sen, and Ms. Ashima Neb but he is not. aware of anyinvestigation .by CBI in the case of M/s NDTV Ltd. and its havingpaid bribe and provided illegal gratification to Ms*. Sumana Sen andMs. Ashima Neb and its having given clean chits to those women, as
has been claimed by them and in the wake of the scandalous claimsof Ms. Sumana Sen and Ms. Ashima Neb,1 applicant approached the
CBI stating the details of crime and criminality of M/s NDTV Ltd.and its accomplice Public servants offering to affirm hissubmissions on oath and U/s 164 of Cr.P.C, 1073 but inspite of
Herculean efforts, has not been able to secure the attention of CBI.j
It is to be noted that Sri P. Chidambaram is incumbent Minister of
Home Affairs, Govt, of India which is the Cadre Controlling
Authority of Indian Police Service and which can invoke article 311(2) of the Constitution qua IPS officers, who comprise the entiredecision taking cadre of CBI.
\„
23. That, the letters of applicant addressed to CBI are as under
go 1 Letter dt. 28.9.2011
To Dt. 28.9.2010.(THROUGH PROPER CHANNEL)
The. Director, • (ADVANCE COPY)Central Bureau ofInvestigation, PRIORITY/BlockNo. 4, 6th Floor, CGO Complex, CORRUPTION MATTERLodiRoad, New Delhi-110003," SECRET &CONFIDENTIAL
' (Kind Attention-Joint Director. ACB. Delhi Zone)
Sir,
SUB : Payment of bribe and illegal gratification by M/sNDTV Ltd. to Public servants and. other crime andoffences-pleadings ofMs. Sumana Sen (IRS 99005)
• arid others in proceedings before the Court of Ld.• CJM, Gautam Buddha Nagar,NOIDA-reg.
Tn the- nourse of proceedings U/s 156 (3) before the Court ofLd. CJM. Gautam Buddha Naaar. NOIDA for registration of FIR,investigation of offences and submission of report by Police to Courtin the matter of offences by Ms. Sumana Sen (IRS 99005), JointCommissioner of Income Tax, Range-21., Room No.-D/S, VikasBhawan, LP. Estate, New Delhi 110002 and her accomplicesunder D?C, 1860, Cr.P.C, 1973, Prevention of Corruption Act,
16
1988, Official Sscrets Act, 1923 and Immoral Traffic(Prevention) Act, 1956 committed within the jurisdiction ofNOIDACourt, prime accused i.e. Ms. Sumana Sen and Ms, Ashima Neb hasalleged that because of complaints filed by me, CBI has registeredcases against-Ahem and their associates and -they are gettingharassed.
2 Ms Sumana Sen and Ms. Ashima Neb further alleged thatofficers from O/o Sri Verma, Senior Superintendent ofPolice, ACB,CBI Delhi visited the office of CCIT (CCA), Delhi to inspect recordsand found nothing incriminating against them and have cleared themof all the allegations of bribe and illegal gratification allegedly takenby them from M/s NDTV Ltd. in lieu of having facilitated the evasionof lawful Public revenue in excess of Rs. 12,00/- Crores,laundering of illegal black money to the extent of Rs. 2,000/-Crores through illegal hawala route, embezzlement of Publicmoney to the tune of Rs. 1,46,82^836/-, criminal conspiracy,cheating, forgery and fraud by Public servants to plunderPublic Exchequer and procure bribe and illegal gratification,criminal breach of trust by Public servants, etc., that has, beensince made by me against them.
3. I have no means to verify the authenticity of the claims of Ms.Sumana Sen and Ms. Ashima Neb nor do I know about anyinvestigation carried out by CBI in the matter but it is matter ofrecordthat I have, in course ofmy official duties had detected and reportedevasion of lawful Public revenue in excess ofRs. 2,00/- Croresby M/s NDTV Ltd. in the matter of bogus claim and allowance ofdeductions U/s 80 HHF of IT. Act, 1961, laundering of illegalslush funds of about Rs. 2,0PO/- Crores by M/s NDTV Ltd. that ismost likely political kickback in 2 Gscam belonging to a powerfulTamilnadu based politician having Prime Ministerial ambitionsthrough illegal hawala and jamakharch entries routed through twoforeign based companies, namely M/s NDTV Network Pic. U.K. andM/s NDTV Network BV, Holland (being 100 %owned subsidiariesof M/s NDTV Ltd.) and 5 Indian companies, namely M/s NDTVImagine Ltd., M/s NDTV Life style Ltd., M/s NDTV Labs Ltd., M/sNDTV Convergence Ltd. and M/s NDTV Media Services Ltd.,(again 100 %owned subsidiaries of M/s NDTV Ltd., since mergedwith M/s NDTV Ltd. to complete the money laundering exercise),.embezzlement and misappropriation of Rs. 1A6.82.836/- fromGovt, account fin criminal conspiracy with Ms. Sumana Sen andother Public servants, payment of bribe and illegal gratification toPublic servants like all expenses void pleasure trip to M/sSumana Sen costing about Rs. U00.00.006/- in April, 2005(performed during 12th April, 2005lto 20* April, 2005 by BritishAirways Flights No.-BA 142 and BA 143), criminal conspiracy,cheating, forgery, fraud, criminal breach of trust by Public servants,etc. and do accept the responsibility for my official communications.
4. Apart from M/s NDTV Ltd., its Directors andpast and presentemployees; Public servants being serving and retired IRS officers,namely Sri R. Prasad (formerly CCIT, Delhi Vand presently Member,Competition Commission of India), Sri A.K. Handa (formerly CCIT,Delhi Vand presently Income Tax Ombudsman), Sri P.K, Mishra andMs. Sunita Kaila (both former CVOs of CBDT), Sri N.C. Joshi,(formerly CIT (OSD) (Vig) in the O/o CVO, CBDT and presently CCIT inMumbai), Ms. Kiran O. Vasudev (formerly DIT (Vig), North and
I' I
17
„J^-, -'•• presently CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDT''*' and presently CIT in Kanpixn),S^ri N.K. Sangwan (formerly DIT (Vig)
North and currently CIT in Mumbai), Sri Prakash Chandra (formerlyCIT, Delhi V), Sri S.S.N. Murthy (formerly Chairman, CBDT), Ms.Sumana Senfprrnerly Assessing Officer of M/s NDTV Ltd.), Sri B.K.Jha, Sri S.S. Raha, Ms. Ashima Neb, Ms. R. Bhama, etc. are directlyinvolved and have unlawfully benefited from the loot and plunder ofPublic Exchequerand theft and misappropriation ofpublic money'byM/ s NDTV Ltd. and its accomplice Public servants.
5. As Ms. Sumana Sen and- Ms. Ashima Neb, accused ofprostitution and other assorted offences before the Court of Ld. CJM,Gautam Buddha Nagar, are claiming that they have been exonerated
I bU the CBI/its officers, which may even not be correct and may beconcocted story to mislead the Court, I may state, with full
i responsibility, that assertions of Ms. Sumana Sen and Ms. AshimaNeb about their crime and offences and those of M/s NDTV Ltd. isincorrect andmy reports to Govt, about those offences are borneout by the records and documents of Govt, andean be provedin Court.
6. I am willing to affirm my submissions made,in my officialreports on affidavit and can be examined by CBI, if necessary, U/s164 ofCr.P.C, 1973 before Magistrate/Special Judge/CBI Court.
7. In the circumstances, I would request for an audience withDirector, CBI, or in case that is not feasible, with some senior officerpreferably at the level ofJoint Director, ACB, etc. to substantiate myreports about loot and plunder ofPublic Exchequer by corrupt Publicservants in lieu of bribe and illegal gratification provided by M/sNDTV Ltd. and received by those Public servants.
8. As matter is ,of extreme national importance, I would seek andrequestfor an eraly consideration ofmy above request.
• Yoiirsfaithfully
(S.K. Srivastava)(IRS87052),
Commissioner,O/o CCIT (CCA), Delhi.
9013852825:
21.2 Letter dt. 30.10.20il
To,
Sir,
Dt. 30.10.2010.
(THROUGH PROPER CHANNEL)The Director, (ADVANCE COPY)Central Bureau ofInvestigation, PRIORITY/Block No. 4, 6th Floor, CGO Complex, CORRUPTION MATTERLodiRoad, New Delhi-110003, SECRET & CONFIDENTIAL
SUB : Payment of bribe and illegal gratification by M/sNDTV Ltd. to Public servants and other crime andoffences-stand of Ms. Sumana Sen (IRS 99005)
I' #. g.nd others in proceedings before the Court ofLd.CJM, Gautam Buddha-Nagar, NOIDA-reg.
REF:Representation dt. 28.9.2011 on subject above.
18
. Further to and in continuation of my representation dt. 28.9,2011, which is pending consideration with CBl, it is submitted that ofpayment of bribe and illegal gratification by M/.s NDTV Ltd. to Ms.Sumana Sen, etc. is made outfrom the avermentspfMs. Sumana Senon affidavit before Hon'ble Delhi High Court in CWPNO.-1373 of2011titled Sumana Sen & Anr. Vs. UOI& Ors. wherein undersigned wasimpleaded as Respondent Nq.-5. Copy of the Writ Petition (C) No.-
*" 1373 of2011 is enclosed at FJag_A.
• • • . 2. At Para 3.43, Page 17 of the Writ Petition (C)No.-1373 of2011,Ms. Sumana Sen has averred that a yearly vacation abroad withfamily, was part of the salary package of Sri Abhisar Sharma from'M/s NDTV Ltd. and she merely availed that benefit as wife of SriAbhisar Sharma. However, Ms. Sumana Sen did not enclose anyproof or copy of the said service package of her spouse Sri AbhisarSharma in respect of his employment with M/s NDTV Ltd. while hiswife Ms. Sumana Sen was working as Assessing Officer of M/sNDTV Ltd. for all the Direct Tax Acts and had issued an illegalRefund ofRs. 1,46,82,836/- in AY*. 2004-05 in lieu of bribe andillegal gratification paid by M/s NDTV Ltd., and received by Ms.Sumana Sen, DCTT Circle 13 (1), Delhi.
3. Not only Ms. Sumana Sen did never intimate Govt, thoughmandatory under Rule 4 of CCS (Conduct) Rules, 1964 and noncompliance of which entails imposition of major penalty includingdismissal from Govt, service, that her husband Sri Abhisar Sharma.was an employee of M/s NDTV Ltd., not even when she becameAssessing Dfficer of M/s NDTV Ltd. in August, 2004 and passedAssessment Orders and issued Refunds on 28.3.2005, but has nevertaken the plea before she filed the Writ Petition No.-1373 of2011thata yearly vacation abroad with family was part of the salary packageof Sri Abhisar Sharma and'it was that vacation which she hadavailed in April, 2005.
4. Further, .claim of Ms. Sumana Sen that Sharma a yearlyvacation abroad with family was part of the salary package of SriAbhisar Sharma is not borne outfrom the records, as-
i). No such benefit i.e. annual vacation abroad with family at thecost of employer i.e, M/s NDTV Ltd. as part of salary packageof Sri Abhisar Sharma was included in the Service Contract ofSri Abhisar Sharma for his employment with M/s NDTV Ltd.and Ms. Sumana Sen has merely concocted the story to coverup her having received bribe and illegal gratification from M/sNDTV Ltd. in lieu offavours granted, by her.
ii). No such service contract has ever been enclosed by Sri AbhisarSharma with his Returns of Income for the A.Ys. 2004-05,2005-06, 2006-07, 2007-08 & 2008-09 relevant for P.Ys:/FYs.2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 respectively;covering the period of his employment with M/s NDTVLtd. nor
. was any such service contract annexed with the Writ Petition
'(C) No.-1373of20U bi/Ms. Sumana Sen before Hon'ble DelhiHigh.CQurt, ,
in) No such perquisite i.e. annual vacation abroad with family atthe cost =0/ employer i.e. M/s NDTV Ltd. as part of salarypackage is disclosed by Sri Abhisar Sharma in his Income TaxReturns for the period ofhis employment with M/s NDTV Ltd.ie October, 2003 to October, 2007 being A. Ys. 2004-05, 2005-06 2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys.2003-04, 2004-05, 2005-06, 2006-07 &2007-08,
iv) No such perquisite i.e. annual vacation abroad with family atthe cost of employer ie. M/s NDTV Ltd. ^as part of salarypackage of Sri Abhisar Sharma is disclosed by M/s NDTV Ltd.in its TDS Returns for the period of his employment of SnAbhisar Sharma by M/s NDTV Ltd. i.e. October, 2003 toOctober, 2007 being A.Ys. 2004-05, 2005-06, 2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys. 2003-04, 2004-05,2005-06, 2006-07 & 2007-08 respectively,
v) No such perquisite ie. annual vacation abroad with family atthe cost of employer ie. M/s NDTV Ltd. as part of salarypackage is disclosed by M/s NDTV Ltd. in Form No.-XVI issuedby it to Sri Abhisar Sharma for the period ofhis employment byM/s NDTV Ltd. i.e. October, 2003 to October, 2007 being A.Ys.2004-05 2005-06, 2006-07, 2007-08 & 2008-09 relevant forP.Ys./F.Ys. 2003-04, 2004-05, 2005-06, 2006-07 & 2007-08respectively,
vi) No such vacation abroad was allowed to Sri Abhisar Sharmaduring the FY. 2003-04, 2005-06, 2006-07 & 1207-08 whentoo he was employed by M/s NDTV Ltd. i.e. period duringOctober, 2003 To October, 2007 and therefore claim of Ms.Sumana Sen that a yearly vacation abroad for self and familywas part ofthe salary package ofSri Abhisar Sharma isfarceand afterthought to cover up receipt of bribe and illegalgratification by Ms. Sumana Senfrom M/s NDTV Ltd.,
vii). No such perquisite has been allowed by the next employer ofSri Abhisar Sharma where he was drawing substantiallyhigher salary,
viii). no such perquisite was allowed by M/s NDTV Ltd. as part ofsalary package of other similarly placed and even higherstatus employees. ^
5. The all expenses paid free pleasure trip to Europe as providedto Ms. Sumana Sen and the amount spent by M/s NDTV Ltd. x>npleasure trip ofMs. Sumana Sen to Europe during 12* April, 205 to20th April, 2005 by British Airways Flights BA 142 & BA 143, wasplain and simple bribe paid to Msl: Sumana Sen. consideration for andin lieu of her havingfacilitated-
i). Illegal issuance of unlawful Refund of Rs. 1,46,82,836/- inA.Y. 2004-05 on 28.3.2005 to M/s NDTV Ltd.,
ii). Evasion of tax in excess ofRs. 2,00/- Crores in the matter offraudulent and inadmissible claims of M/s NDTV Ltd. U/s 80
20
HHF of IT. Act, 1961 by not reporting the matter U/s 263 ofIT. Act, 1961,
Hi). Laundering of illegal slush funds of more than Rs. 2,000/-Crores, most likely part of bribes, etc. of 2 G Scam, throughillegal hawala route and jamakharch entries by M/s NDTV Ltd.and corresponding evasion of about Rs. I,2p0/- Crores oflawful taxes, '
iv). Unlawful access to secret and confidential records anddocuments of Govt, stolen,by Ms. Sumana Senfrom the O/oCCH, Delhi, for providing to M/s NDTV Ltd. and its foreignassociates,
6. The records that show the falsity ofclaim of Ms. Sumana Senand show that the amount spent by M/s NDTV Ltd. on pleasure tripof Ms. Sumana Sen to Europe during 12th April, 205 to 20th April,2005 by British Airways Flights BA 142 & BA 143 was plain andsimple bribe paid to Ms. Sumana Sen are as under and are availablewith-
i). Returns of Income of Sri Abhisar Sharma for the periodOctober, 2003 to October, 2007 ie. A.Ys. 2004-05, 2005-06,2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys. 2003-04,2004-05, 2005-06, 2006-07 & 2007-08 respectively, availablewith ACIT Circle 47 (1), Delhi, 3rd Floor, Mayur Bhawan,Connaught Circus, New Delhi-110001,
ii). TDS Returns of M/s NDTV Ltd. for the period October, 2003 toOctober, 2007 ie. A.Ys. 2004-05, 2005-06, 2006-07, 2007-08& 2008-09 relevant for P.Ys./F. Ys. 2003-04, 2004-05, 2,005-06, 2006-07 & 2007-08 respectively, available with CIT (TDS),Delhi, 6th Floor, Aayakar Bhawan, City Centre, Lakshmi Nagar,.New Delhi-110092, y
Hi). Back up files of DIT (System), ARA Centre, JhandewalanExtension, Delhi-110055 for the period October, 2003 toOctober, 2007 ie. A.Ys: 2004-05, 2005-06, 2006-07, 2007-08& 2008-09 relevant for P.Ys./ F.Ys. 2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 respectively.
7. In the course of proceedings U/s 156 (3) before the Court ofLd. CJM, Gautam Buddha. Naaar. NOIDA for registration of FIR,investigation of offences and submission of report to Court in thematter of offences by Ms. Sumana Sen (IRS 99005), JointCommissioner of Income Tax, Range-21., Room No.-D/5, VikasBhawan, IP. Estate, New Delhi-110002, etc. under IPC, 1860,Cr.P.C, 1973, Prevention of Corruption Act, 1988, OfficialSecrets Act, 1923 and Immoral Traffic (Prevention) Act, 1956,prime accused i.e. Ms. Sumana Sen and Ms. Ashima Neb has alleged;that because of complaints filed by undersigned, CBI has registeredcases against them and their associates and they are gettingharassed.
9. Ms. Sumana Sen and Ms. Ashima Neb further alleged thatofficers from O/o SriGaneshVerma, S.S.P., ACB, CBI, Delhi visitedthe O/o ofCCTT (CCA), Delhito inspect the records andfound nothing,incriminating against them and have cleared them of the allegations
21
of receiving bribe and illegal gratification from M/s. NDTV Ltd: forfacilitating the theft of lawful Public revenue in excess of Rs.1,200/' Crores, laundering of illegal black money in> excess ofRs. 2,000/- Crores through illegal hawala, embezzlement ofRs.1,46,82,836/- of Public money, criminal conspiracy, cheating,forgery and fraud to plunder Public Exchequer and procurebribe and illegal gratification, criminal breach of trust, etc.levelled against them.
10. I have no means to verify the authenticity of the claims of Ms.Sumana Sen and Ms. Ashima Neb nor do I know about anyinvestigation carried out by CBIin the matter but it is matter ofrecordthat I have, in course of my official duties had detected and reportedevasion of lawful Public revenue in excess of Rs. 2,00/- Croresby M/s NDTV Ltd. in the -matter of bogus claim and allowance ofdeductions U/s 80 HHF of IT. Act, 1961, laundering of illegalslush funds of about Rs. 2,000/' Crores by M/s NDTV Ltd. that ismost likely political kickback in 2 G scam belonging to a powerfulTam.ilha.du based politician having Prime Ministerial ambitions
•through illegal hawala and jamakharch entries routed through twoforeign based companies, M/s NDTV Network Pic. U.K. and M/sNDTV NetWork BV, Holland (being 100 % owned subsidiaries ofM/s NDTV.Ltd.) and 5 Indian companies, M/s NDTV Imagine Ltd.,M/s NDTV Life style Ltd;, MM NDTV Labs Ltd., M/s NDTVConvergence Ltd. and M/s NDTV Media Services Ltd., (again 100% owned subsidiaries of M/s NDTV Ltd., since merged with M/sNDTV Ltd. to complete the money laundering exercise),embezzlement and misappropriation of Rs. 1,46,82,836/ fromGovt, account in criminal conspiracy, with Ms. Sumana Sen andother Public servants, payment of bribe sand illegal gratification toPublic servants like all expenses paid pleasure trip to M/sSumana Sen costing about Rs. 1.00.00.000/- in April, 2005(performed during 12th April 2005 to 20th April. 2005 byBritish Airways Flights No.-BA 142 and BA 143). criminal
conspiracy, cheating, forgery, fraud, criminal breach of trust by Public,servants, etc. and do accept the responsibility for my officialcommunications.
11. Apart from M/s NDTV Ltd., its Directors and past and presentemployees; Public servants being serving and retired IRS officers,namely SriR. Prasad (formerly CCIT, Delhi V and presently Member,Competition Commission of India), Sri A.K. Handa (formerly CCIT,Delhi V and presently Jncomp Tax Ombudsman), Sri P.K. Mishra andMs: Sunita Kaila (both former CVOs of CBDT), Sri N.C. Joshi,(formerly CIT(OSD) (Vig) in the O/o CVO, CBDT and presently CCIT inMumbai), Ms. Kirari Q. Vasudev (formerly DIT (Vig)y North andpresently CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDTand presently CIT in Kanpur), Sri N.K. Sangwan (formerly DIT (Vig).North and currently CTT in Mumbai), Sri Prakash Chandra (formerlyCIT, Delhi V), Sri SiS.N. Murthy (formerly Chairman,, CBDT), Ms.Sumana Sen formerly Assessing Officer of M/s NDTV Ltd.), Sri B.K. ,Jha, Sri S.S. Rana, Ms. Ashima Neb, Ms. R. Bhama, etc. are directlyinvolved and have unlawfully benefited from the loot and plunder ofPublic Exchequer and theft and misappropriation ofpublic money byM/s NDTV Ltd. and its accomplice Public servants.
12. As Ms. Sumana Sen and Ms. Ashima Neb, accused ofprostitution and other assorted offences before the Court of Ld. CJM,
22
NOWA are claiming that they have been exonerated by CBI/itsK officers, which may be concocted story to mislead the Court, I may
state, that assertions of Ms. Sumana Sen and Ms. Ashima Neb abouttheir crime and offences and those ofM/s NDTV Ltd. is incorrect andmy repprts •- to Govt, are borne out by the records anddocuments ofGovt, and can be proved in Court and Iam willingto affirm my official reports on affidavit and can be examined by CBI,if necessary, U/s 164 of Cr.P.C, 1973 before Magistrate/SpecialJudge/CBI Court.
13. I had earlier requested for an audience from Director, CBI or incase that was not feasible, with some senior officer preferably at thelevel ofJoint Director to examine myself as prosecution witness andstate the whole gamut of crime and offences commuted by >Ms>Sumana Sen, M/s NDTVLtd. and their accomplices and resultant lootand plunder of Public Exchequer but has so far not received anyresponse from the CBI. ,
14. It is matter of CBI's own record that M/s NDTV Ltd and itsDirectors has a history ofoffering bribes and illegal gratification toPublic servants to facilitate the loot and plunder ofPublic ExchequerKind attention is drawn to its Crime No.-RC.2(A)/98 SCU (II) dt•9.11998 U/s 120 BIPC r/w 13(2) r/w 13(1) (d) of P.C. Act, 1988and substantive offences naming Sri Pronoy Roy, MD, M/s NDTV Ltdand M/s NDTV Ltd. &Ors as accused. Copy of the said RC/ FIR 'byCBI is enclosed for necessary perusal at Flag B.
15 It is also matter of record that DGIT (Vig) & CVO, CBDT hasfalsified the official records and submitted an incorrect and falsereport to CVC stating that Ms/. Sumana Sen was never Assessing$CZrt^frS?DTVLt± and attended no official work in the case of
J u Ju Ltd- havin9 no offidal dealings with that company at all 'which faUs on its face by the affidavit of Ms. Sumana Sen beforeHon ble Delhi High Court in CWP No.-1373 of2011 wherein she has2£ra25w rv"6 ?aSSed ass<ess^rit orders and issued Refunds toM/s NDTV Ltd. and has alsd admitted that she did not intimate the•^/?°? •employment of her spouse Sri Abhisar Sharma with M/sNDTV Ltd. while she was Assessing Officer of M/s NDTV Ltd andhad accepted bribe and illegal gratification from M/s NDTV Ltd forfacilitating theft pfPublic money and.Public revenue by that company™1 lt%£^Ct0rS- Colh¥on and conspiracy between DGIT Wig) &CVO, CBDT and Ms. Sumana Sen, etc, is evident from the fact thatno action has been taken against Ms. Sumana Sen U/r 4 of CCS(Conduct) Rules, 1964 for not intimating the Govt, about her spousebeing employee-of M/s NDTV Ltd. when( she was having officialdealings unth M/s NDTV Ltd. and passed assessment orders andissued Refunds in the case of that company when on similar factsothers^ have been slapped with major penalty proceedings by Govt >and CVC One such Charge Sheet issued under advice of CVC fornon-intimation ofcertain transaction U/r 18 ofCCS (Conduct) Rules,1964 is enclosed at Flag C
.16 In the circumstances, I would request for an urgent audiencewith the Director, CBI or if that is not feasible, with some seniorofficer preferably at the level of Joint Director to substantiate myreports about loot of Public Exchequer by corrupt Public servants inlieu ofbribe and illegal gratification provided by M/s NDTVLtd. andexamine myself as prosecution witness. As provisions of Cr.P:C,
r
23
> 1973 apply to Delhi Special Police Establishment Act, 1948, lean beexamined by CBI as prosecution witness in the matter and since, CBIis obligated to consider complete facts and circumstances beforetaking any decision either to prosecute the suspect/accused orclosing the case, no harm would visit anyone if CBI considers myabove request while in the event of my evidence notgetting examined,by CBI, grave-and irreparable prejudice would be caused to cause ofprosecution and guilty/accused would get away from lawfulconsequences oftheir guilt/offences by default. '
17. As matter is of extreme national importance, I would seek andrequest for an eraly consideration of my above request. A briefanalysis of income of Sri Abhisar Sharma for the period October,2003 to October, 2007 i.e. A:Ys. 2004-05, 2005-06, 2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys. 2003-04, 2004-05, 2005-06,2006-07 &2007-08 respectively is enclosed at Flag_D for necessaryassistance and consideration.
Yoursfaithfully
End. As above.
(S.K. Srivastava)(IRS 87052),
Commissioner,O/o CCIT (CCA), Delhi.
' . .'" 9013852825.
Copy endorsed for necessary information and action as may beappropriate-
1. Secretary, DOPT, North Block, NewDelhi-110001,2. JointDirector, ACB DelhiZone, CBI, Delhi,3. Joint Director, EOZone, CBI, Delhi,4. Joint Director, Policy Division, CBI, Delhi.
Commissioner,O/o CCIT (CCA),, Delhi.
24. That, culpability of M/s NDTV Ltd. is evident from its hystericalefforts to stall telecast of any news pertaining to any inquiry orinvestigation that may even remotely lead to M/s NDTV Ltd. and itsmoney laundering acts to appropriate the bribe money received in 2
G Scam so much so that even the complaints made to Hon'ble
Justice (Retd.) J.S. Varma, Chairman, NBSA of NBA has made •no-
difference and every single news broadcaster is managed by M/sNDTV Ltd. to stall telecast ofany news that may in any manner leadto M/s NDTV Ltd. and its having laundered the bribe money in
. excess of Rs. 2,000/^ Crores of 2 G Scam belonging to corruptPublic servants and their, accomplices! The letter dt. 5.11.2011 byapplicant to Hon'ble Justice (Retd.) J.S. Varma is as under-
', S.K. Srivastava, IRS. 0/o CCIT (CCA), Delhi.
4 -
• • 24
Commissioner ofIncome Tax. C.R. Building,(OSD). IP- Extension,
New Delhi-110002,
".._'• CRD11/9, Pandora Park,New Delhi-110003.
Ph. (0)011-23705836,(R) 011-23075588,
• . . ' 011-23075599,9013852825,9868203794.
DO No.-SKS/Personal/2011-12/1dt. 5.11.2011.
Respected (Hon'ble Justice Varma Sahab),
•Sub : Carielized cover up by electronic media of thecrime, criminality, offences, loot and plunder ofPublic Exchequer ofM/s NDTV Ltd. and its owners/ Directors-reg.
With utter amusement, I am watching the raging debate overthe relevance of State control or the lack of that over print andelectronic media, respectively, and views of two imminent jurists,who have graced the highest seat ofjustice in this country over role ofPress Council ofIndia, etc.
2. Disgusted and sick over carielized and criminal conduct ofElectronic media in'covering up the crime, criminality, offences, lootand plunder of Public exchequer, Pubic money and Public revenue,paying bribe and providing illegal gratification to Public servants tofacilitate evasion of lawful taxes due to State, criminal conspiracy,cheating, forgery and fraud, laundering of illegal slush funds of2 GScam through illegal hawala route and fictitious jamakharch entries,theft of secret and confidential records and documents of Govt,through bribe and illegal gratification, procuring secret andconfidential records of Govt, illegally for unlawful benefit,, etc. ofM/sNDTV Ltd., its Directors, employees and accomplice Public servants, Ido seek your gracious indulgence to bring some nauseating anddespicable facts on record, to set the record straight and to show theinherent fallacy and the resultant ineffectiveness of "so-called" self-regulation of the Electronic media.
3. M/s NDTV, has historically been accused of paying bribe toPublic servants to get, first, illegal and unlawful benefits and thenhush up their crime and criminality. I am enclosing one such FIRregistered against M/s rfDTV Ltd. and Sri Pronoy Roy (FIR No.-RC.2(A)/98 SCU(II),dt. 9.1. 1998 U/s 120 B IPC r/w 13 {2) r/w13 (1) \d) ofP.C. Act, 1988 and substantive offences naming SriPronoy Roy, MD, M/s NDTV Ltd. and M/s NDTV Ltd. & Ors asaccused), which is only illustrative and not the exhaustivecompilation of the crime and criminal activities of M/s NDTV Ltd., tosupport my submission herein.
4. In 2006, while working as Addl. Director in-charge ofInspection Division of CBDT, entrusted with Preventive Vigilance inIncome Tax Deptt., I ran irito an organized syndicate of corrupt &
25
morally depraved IRS officers who have in afew years alone stolenand got stolen, Public revenue and Public money in excess ofRs.10,000/-Crores and one prominent case was that ofM/s NDTV Ltd.,which has-
a). Fraudulently evaded about Rs. 2,00/- Crores of lawful taxesthrough bogus claims ofadmissible deductions-11/s 80 HHF ofIT. Act, 1961 and had got the matter hushed up by payingbribe and Iflegal gratification to Ms. Sumana Sen, DCIT Circle13 (1), Delhi and its Assessing Officer under various DirectTaxes {the Estate Duty Act, 1953(34 of 1953), the Wealth-taxAct, 1957 (27 of 1957), the Expenditure-tax Act, 1957 (29 of1957), the Gift-tax Act, 1958 (18 of 1958), the Income-tax Act,1961 (43 of1961), the Super Profits Tax Act, 1963 (14 of1963)rthe Interest-tax Act, 1974 (45 of 1974), the Hotel-Receipts TaxAct, 1980 (54 of 1980), the Expenditure-tax Act, 1987; and anyother duty or tax which,, having regard to its nature, orincidence, may be declared by the Central Govt.}, whoincidentally was spouse ofSri Abhisar Sharma, an employee ofM/s NDTV Ltd. and who had not intimated the Govt about that
> fact, inspite of mandatory requirements of Rule 4 of CCS• (Conduct) Rules, 1964, violation ofwhich entails imposition of
majorpenalty including dismissal from Govt, service.
b). Embezzled an amount of Rs. 1,46,82,836/- from PublicExchequer in the garb ofRefund ofexcess tax paid through thebribe and illegal gratification paid to Ms. Sumana Sen, DCITCircle 13(1), Delhi and itsAssessing Officer.
c). Laundered illegal slush funds in excess ofRs. 2,000/- Crores,most likely part ofbribe money of2G Scam and evaded lawfultaxes in excess ofRs. 1,000/- Crores in that unlawful exercise.
d) Facilitated theft of secret and confidential records anddocuments by Ms. Sumana Sen, DCIT Circle 13 (1), Delhi andits Assessing Officer to further its illegal and unlawful agenda.
e). Generally conspired and colluded with corrupt and morallydepraved Public servants to, defraud the Public Exchequer.
5. The crime and criminality, though in Public domain and knownto "so-called" Electronic media, has meticulously been hushed up toprotect M/s NDTV Ltd., so much so that, on 4.6.2009, M/s IBN 7,which telecast a News item, in its "Danke- Ki Chpt Par" programmeabout plunder ofPublic money, immediately withdrew the News fromthe airwhen it realized thatit may lead to the exposure of criminalityofM/s NDTV Ltd. and its owners and Directors and nothing has beenheard from that Channel so far inspite of the fact that till date, nodenial or rebuttal has come from any quarter, not even from theindividual officers named by the Channel in the News.
6. On 20.11.2011, at the behest of M/s NDTV Ltd. and itsaccomplices like Ms. Sumana Sen (IRS 99005), my Counsel Sri S.K.Gupta, Advocate was offered bribe and woman as consideration toloose my case before the Ld.CAT,PB, Delhi and though about half adozen Channels (Aon'Tak, ZEE, Times Now, etc.) covered the incident,recording even the statements of Sri S.K. Gupta, Advocate andvarious office-bearers of CAT Bar Association, PB, Delhi, but once
26
they realized that it involves Ws NDTV Ltd. and Ms. Sumana Sen,W/o Sri Abhisar Sharma, Deputy Editor ofAaj Tak, all the channelshave horribly fallen-silent, lest corruption oj'their own gets reported.
7 The Electronic media that goes berserk when it concernsinterference ofthe process ofadministration ofjustice by some non- (media person falls conspiratorially silent ifits own interferes with thevery same process ofadministration of Justice. Perhaps, it considersitself above law or for Electronic media there is one set of law, forrest, there is another.
8. It is nobody's case that the so called Electronic media isincapable of being corrupt or violator of law or corruption and•unlawful conduct ofElectronic media makes no news and must notbe reported, whatever be the details ofcrime, criminality and offencescommitted by that/them. It also cannot be anybody's case, that-Electronic media is above law or is subject to some different law andcriminal misdemeanour by Electronic media entities are to be treateddifferently. .•'•'•
9. As an imminent jurist and former Head ofIndian judiciary likeyour esteemed self has lent its name to the cause of privatebroadcasters, whose primary if not only aim is to maximize their•profit earning capacity, I am, with due humility and fullresponsibility, constrained to bring the matter to your judiciousconsideration with the request to graciously examine if so-calledElectronic media deserves to be left out of State control and beallowed to function as State within State, furthering and nurturingthe crime, criminality, offences and plunder of Public Exchequer/taxpayers' money, to line its own pockets and that of its owners,Directors and accomplice Public servants.
10. In case, it is considered appropriate, Iam willing and am readyto-
a). affirm my submissions .herein above on affidavit and besubjected to the test ofjudicial scrutiny,
b). substantiate the crime and criminality ofM/s NDTV Ltd andits accomplice Public servants in general and more notably SriR. Prasad (formerly CCIT, Delhi V and presently Member,Competition Commission of India), Sri A.K. Honda (formerlyCCIT, Delhi Vand presently Income Tax Ombudsman), Sri P.K.Mishra and Ms. Sunita Kaila (both former CVOs of CBDT), Sri
< N.C. Joshi,. (formerly CIT (OSD) (Vig) in the O/o CVO, CBDT andpresently CCIT in Mumbai), Ms. Kiran O. Vasudev (formerly DIT(Vig), North and presently CCIT in Mumbai), Sri BPS Bisht(formerly CIT (Vig) in CBDT and presently CIT in Kanpur), SriN.K. Sangwan (formerly DTT (Vig) Worth and currently CIT inMumbai), Sri Prakash Chandra (formerly CIT, Delhi V), SriS.S.N. Murthy (formerly Chairman, CBDT), Ms. Sumana Senformerly Assessing Officer ofM/s NDTV Ltd.), Sri B.K. Jha, SriS.S. Rana, Ms. Ashima Neb, Ms. R. Bhama, etc., {
c). substantiate the duplicity and fraudulent conduct of variousMembers'of M/s NBA in covering up the crime and criminalityofM/s NDTV Ltd. and itsaccomplice Public servants,
27
d) substantiate the loot and plunder of Public Exchequer andPublic money by M/s NDTV Ltd. and its accomplice Publicservants.
• • • i. *
With (kind regards) l -., Yours (sincerely)
(S.K. Srivastava)Hon'ble Justice (Retd.) J.S. Verma,Chairman,News Broadcasting Standards Authority,NBA Secretariat, 101-103, Paramount TowerC-17i Community Centre,Janakpuri, New Delhi-110058. .
25. That, applicant humbly states that inspite of lapse of suffipienttime, no response has been'• received from News BroadcastersAssociation (NBA) and its affiliate News Broadcasting StandardsAuthority (NBSA) and NBA and NB.SA are acting as accomplice ofM/s NDTV Ltd. and its criminal activities zealously guarding andensuring that no news about any matter that may lead to scrutiny.of M/s NDTV Ltd. and its affairs is allowed to be telecast, so muchso that attempt of Sri B.K. Jha, DIT (HRD), Ms. Sumana Sen andMs. Ashima Neb on 20.10.2011 to pay bribe and provide women
(Ms. Sumana Sen and Ms. Ashima Neb) and sexual gratification (byMs. Sumana Sen and Ms. Ashima Neb) to Counsel of applicant as
consideration to loose his case of transfer to Ranchi pending before
Ld. CAT, Principle Bench, Delhi was not telecast by any ofChannels though several of them had interviewed the concerned
Counsel and other witnesses present on the spot but none of them
have been allowed ±o telecast those recordings through nauseating
influence of M/ s NDTV Ltd. on NBA and NBSA.
26. That, culpability of M/s NDTV Ltd. is from the understandableconduct of News Channel IBN 7 on 4.6.2009, M/s IBN/7, which
telecast a News item in its "Danke Ki Chot Par" prograriime aboutplunder of Public money, immediately withdrew the News from theair when it realized that it may lead to the exposure of criminality of
M/s NDTV Ltd. and its owners and Directors and nothing has beeni heard from that Channel so far inspite of the fact that till date, no
denial or rebuttal has come from any quarter, not even from the
individual officers named by the Channel in the News.
28
27. That, the Electronic media that goes berserk when it concernsinterference ofihe process ofadministration ofjustice by some non-media person is conspiratorially silent in the matter of crime andcriminality by M/s NDTV Ltd, and interferences witri the very sameprocess ofadministration ofJustice. _
28. That, it is nobody's case that Electronic media is incapable of beingcorrupt or, violator of law or corruption and unlawful conduct ofElectronic media makes no news and must not be reported,whatever be the details ofcrime, criminality and offences committedby that/them. It also cannot be anybody's^ case that Electronicmedia is above law or is subject to some different law and criminalmisdemeanour by Electronic media entities like M/s NDTV Ltd. andits inculpable accomplices like Ms. Sumana Sen, Ms. Ashima Neb,Sri Abhisar Sharma, etc. are to be treated differently.
29. That, so far, in the case of 2 G Scam investigation, only the lapses' ' committed by Public servants has been brought out by the CBI and
the•consideration for those lapses are yet to be found out. It is
requirement of law that Public servant must be shown to havereceived something that is not his lawful remuneration for doingsomething or not something and without that, and the case ofprosecution will certainly be. weaker as incompetence cannot beconstrued to be misconduct. Investigation into illegal enrichment of
M/s NDTV Ltd. during the period 2006-10 and its having bribedMs. Sumana Sen, its Assessing Officer and other assorted offences
would reveal, the-missing link in 2 G Scam, as applicant has
reasonable assessment that money laundered by M/s NDTV Ltd.
was part of2 G Scam received by some influential Public servant, to: protect whom Sri P. Chidambaram, Hon'ble Finance Minister (the
then) acted illegally and unlawfully to persecute the applicant andthereby prevent any inquiry in the affairs of M/s NDTV Ltd. and it isbecause of the pre-imminent position of Sri P. Chidambaram as
Hon'ble Minister of Home Affairs and thus Cadre Controlling
Authority ofIPS that, CBI is unable to act and proceed against M/sNDTV Ltd. when it has acted against the same accused earlier in
1999. The only difference being diabolical influence of Sri P.
Chidambaram, which was not there earlier when CBI registered FIR
against M/s NDTV Ltd. and Sri Pronoy Roy [FIR No.-RC.2(A)/98
29
l- SCUffl, dt. 9.1. 1998 U/s 120 B D?C r/w 13 (2) r/w 13(1) (d) ofPC Act, 1988 and substantive offences naming Sri PronoyRoy, MD,M/sNDTV Ltd. andM/s NDTV Ltd. &Ors as accused),investigated the case and filed report U/s 173 of Cr.P.C, 1973 inthe matter of far smaller amount of bribe, etc.
•>
30; That, applicant submits that examination of applicarif by thisHon'ble court would strengthen the case of Prosecution and bring to
justice far more serious crime and accused, and avers that hewould be able to prove his submissions hereinabove with official.,
records and documents that may be permitted to be summoned by
this Hon'ble Court after,which matter can be investigated by either
this Hon'ble Court or by CBI, as may be the case.
31. That, applicant submits that he may prove his averments aboutcrime and criminality of M/s NDTV Ltd., its Directors, owners and
employees arid associates and its involvement in 2 G Scam throughlaundering of bribe money in excess, of Rs. 2,000/- Crores in thegarb of fictitious Share contribution/subscription and throughillegal hawala entries by paying bribe and providing illegalgratification which are part of the bribe received by Public servantsin 2 G Scam in collusion and concert with Sri P. Chidambaram and
other Public servants like Ms. Sumana Sen and Ms. Ashima Neb,
etc. can be proved by summoning of relevant records from various
Govt, offices and seizing the same from private persons, which
applicant has no competence or authority to do on his own and forwhich he would pray to this Hon'ble Court. It is submitted that
applicant has collected some basic records within the permissiblelegal framework which prima make out the culpability of M/s NDTV
Ltd., its owners, Directors and employees, its subsidiaries and
Directors and employees of those companies, culpable Public
servants like Ms. Sumana Sen Ms. Ashima Neb, Sri P.K. Mishra, Sri
A.K. Handa, Sri R. Prasad, Sri R.R. Singh, Ms. R. Bhama, Ms.
Sunita Kaila, Sri N.C Joshi, Sri Prakash Chandra, Sri S.S.'N.
Murthy, Sri B.K. Jha, Sri S.S. Rana, etc. and also that of Sri P.Chidambaram and though those documents are not yet proved,
applicant would seek the gracious permission of this Hon'ble Court
to rely upon those records and documents while examining, himbefore this Hon'ble Court and which can be proved by comparing
30
''' with their respective original when summoned by this Hon'ble Courtfrom its lawful custodian. Applicant states that he may submit the
list of relevant-documents and records required and necessary to be
summoned by this Hon'ble court in course of his examination and
would for the gracious indulgence of the Court.
32. That, in the facts and circumstances of the case, applicant seeksthe gracious indulgence of this Hon'ble Court to invoke its benignjurisdiction' U/s 319 of Cr.P.C, 1973 read with Section 311 .ofCr.P.C, 1973 and permit the applicant to examine him as
prosecution witness and in support of and to augment the case ofprosecution against remaining accused who are not yet accounted
for by the prosecuting agency and humbly prays for that.
PRAYER
1. It is, in the above facts and circumstance, respectfully prayed
1 that this Hon'ble Court may graciously be pleased to assume
jurisdiction U/s 319 of Cr.P.C. 1973 read with Section 311 of
Cr.P.C, 1973 and examine the applicant in attendance before
this Hon'ble Court as prosecution witness and proceed
against M/s NDTV Ltd., its Directors and owners, its
employees,' its accomplice Public servants like Ms. Sumana
Sen'(IRS 99005), etc. and more notably Sri R. Prasad (formerly
CCIT, Delhi V and presently Member, Competition Commission
ofIndia), SriA.K. Honda (formerly CCIT, Delhi Vand presently
Income Tax Ombudsman), Sri P.K. Mishra and Ms. Sunita Kaila
(bothformer CVOs of CBDT), Sri NC. Joshi, (formerly CIT (OSD)
(Vig) in the O/o CVO, CBDT and presently CCIT in Mumbai),
Ms. Kiran O. Vasudev (formerly DTT (Vig), North and presently
CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDT andpresently CIT in KOnpur), Sri N.K. Sangwan (formerly DIT (Vig)
North and currently CIT in Mumbai), Sri Prakash Chandra
(formerly CIT, Delhi V), Sri S.S.N. Murthy (formerly Chairman,
CBDT), Ms. Sumana Sen formerly Assessing Officer of M/s
NDTV Ltd.), Sri B.K. Jha, Sri S.S. Rana, Ms. Ashima Neb, Ms.
R. Bhamg., Ms. M.H. Kherawala, Sri Pankaj Gupta, etc., and
any other person who may be involved in laundering and
appropriation Of bribe money in excess of Rs. 2,000/- Crores
Ib
.31.
by M/s NDTV Ltd., its subsidiaries {M/s NDTV Network Pic.
U.K. and M/s NDTV Network BV, Holland (being 100 %
owned, subsidiaries of M/s NDTV Ltd.) and 5 Indian
companies, M/s NDTV Imagine Ltd., M/s NDTV Life style
Ltd., M/s NDTV Labs Ltd., M/s NDTV Convergence Ltd, and
M/s NDTV Media Services Ltd., (again 100 % owned
subsidiaries of M/s NDTV Ltd., since merged with M/s NDTV
Ltd. to complete the money laundering exercise)}, its Directors,
owners and employees and that of its subsidiaries, received ,
by Public servants in 2 G Scam and Sri P. Chidambaram,
formerly Hon'ble Finance Minister', Union of India in the
matter of laundering of illegal bribe money in excess of Rs.
2,000/- Crores received by Public servants in 2 G Scam and
other crime and offences related to • that offences under
various -acts and law, more notably The Prevention of
Corruption Act, 1988, the IPC, 1860, the Cr.P.C, 1973, The
Official Secrets Act, 1923 & The ImmOral Traffic (Prevention)
Act, 1956 and thereby plundering the Public Exchequer of
lawful tax revenue in excess of Rs. 1,200/- Crores and
embezzling an amount of Rs. 1,46,82,836/- in the garb of I.T.
Refund by forgery and fraud committed by Ms. Sumana Sen
and her accomplices and covered up by Sri P. Chidambaram,
. formerly Hon'ble Finance Minister, Union of India.
2. Pass any other and further orders1 that may be necessary and
appropriate in the facts and circumstances of the case.
New Delhi
Dt. 24,11.2011-
S.K. Srivastava, IRS,Commissioner of Income Tax,
(OSD), Delhi,C/o CCIT (CCA), Delhi,
C.R. Building, I.P. Estate,New Delhi-l 10002.
Applicant/Complainant
Through
Harihar Pratap Singh, Adv.S.K. Gupta, Adv..
405, Lawyers Chambers,Patiala House Court,New Delhi- 110001
IN THE COURT OF HON'BLE SRI O.P. SAINI,LD. SPECIAL JUDGE, CBI COURT,PATIALA HOUSE COURT, DELHI.
CC NO.-1/2011RC/45-A/2009/CBI/ACB
New Delhi
U/s P.C. Act, 1988.NDOH 15.11.2011
IN THE MATTER OF :
CBI Complainant
Vs.
A Raja & Ors...Respondents
AN APPLICATION U/S 319 OF Cr. P.C. 1973 READ WITH
SECTION 311 OF Cr.P.C, 1973 FOR EXAMINATION OF
APPLICANT IN ATTENDANCE BEFORE THIS HON'BLE COURT
IN THE MATTER OF RECEIPT & LAUNDERING OF BRIBE
MONEY OF 2 G SCAM IN EXCESS OF Rs. 2,000/- CRORES BY
M/S NDTV LTD. THROUGH ILLEGAL HAWALA ROUTE AND
FICTITIOUS JAMAKHARCH ENTRIES AS SHARE
CAPITAL/CONTRIBUTION OF SUBSIDIRIES OF M/S NDTV
LTD. HUSHED UP THROUGH BRIBE AND ILLEGAL
GRATIFICATION PAID TO CORRUPT GOVT. OFFICERS LIKE
MS. SUMANA SEN (IRS 99005) & TO PROCEED AGAINST
DIRECTORS, OWNERS & EMPLOYEES OF M/S NDTV LTD.
AND ACCOMPLICE PUBLIC SERVANTS FOR OFFENCES
UNDER THE PC. ACT, 1988, IPC, 1860, THE IT (P) ACT,
1956, THE O.S. ACT, 1923 AND OTHER LAW FOR WHICH
THEY ARE TO BE TRIED WITH OTHER ACCUSED BEING
TRIED IN 2 G SCAM BEFORE THIS HON'BLE COURT.
MOST RESPECTFULLY SHOWETH:
That, the applicant is a citizen of India and is an officer of 1987
Batch of Indian Revenue Service (IRS) working as Commissioner of
Income Tax in Delhi though under orders of transfer to Ranchi and
is competent to invoke the jurisdiction of this Hon'ble Court U/s
319 86 311 of Cr.P.C. 1973 to get himself examined by this Hon'ble
Court in the matter of crime and offences committed in the case of 2