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‘EVM expert’ faffs about EVM being hacked, gives no proof, as Kapil Sibal watches over

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An alleged ‘EVM expert’, Syed Shuja, while addressing a press conference in London via Skype, who is alleged to have designed the EVMs used in India, claimed that the EVMs are susceptible to hacking. The self-proclaimed ‘EVM expert’ made a series of outlandish claims of rigged elections in India along with Gopinath Munde’s death being a murder.

The alleged hacker claimed that the elections in 2014, UP and Gujarat elections were rigged and the favourable result was achieved by hacking the EVMs while the MP, Chhattisgarh and Rajasthan election were rescued from the menace of EVM tampering.

Kapil Sibal at the so-called EVM hackathon in London

The so-called EVM expert was physically not present at the demonstration. He addressed the event via Skype, and his face was mostly covered during the video conference.

The hackathon event saw participation from Congress and their representative Kapil Sibal was there at the event to watch over the proceedings. The hacker also appeared to side with the Congress as he claimed that the elections in which BJP won were rigged while in those elections in which BJP lost were not rigged. The hacker often resorted to evasive answers and paranoia when protruding questions were asked of him to corroborate his claims. Let’s examine some of his outlandish assertions:-

EVMs can communicate with each other and we interfered in the Delhi elections in 2015 and the result favoured the AAP

The hacker claimed that contrary to what the Election Commission says, the EVMs can be made to communicate with each other. He added that his team has devised a modulator which works on the military frequency that enables communication. He alleged that BJP IT cell transmits on this frequency to hack the EVMs. The expert further claimed that the BJP was pinging the EVMs to manipulate the EVM result during the Delhi elections in 2015. However, his team intercepted the transmission initiated by the BJP IT. “We changed the frequency to favour AAP. The actual results were similar to 2009,” he claimed.

But the fact is that electronic devices that can communicate with each other need elaborate hardware and software to that. Devices without networking capabilities cannot communicate. The Election Commission of India had already stated that no two EVMs can be made to communicate with each other, nor any external communication can be established with the EVMs. The EC has today rubbished the claims made by the alleged hacker in their official response. The EC has reiterated what it said months back that the EVMs are manufactured under highly secure environment and it is impossible to hack them. The EC has also stated that they are currently exploring how legal action can be initiated against the malicious propaganda pervaded by the hackathon


2014 General elections, UP and Gujarat elections were rigged while MP, Chhattisgarh and Rajasthan were not

The ‘EVM Expert’ claims that there were tamperings with the EVMs during the 2014 general elections and the subsequent assembly elections in UP and Gujarat which resulted in BJP victory. The hacker cooked up a story that his erstwhile team members were killed during these elections because they had figured out that the elections were rigged. But the hacker fails to divulge details about the killings, FIR registered and the location of their killings.

In addition, he claimed that during the recent assembly elections in MP, Chhattisgarh and Rajasthan, his team had received a signal indicating the occurrence of EVM tamperings. However, he fails to substantiate it with proof. He instead evades the leading questions claiming his team would be in danger if he reveals the details of it. By admitting that his team was meddling in the recent elections, he effectively alludes that MP, Chhattisgarh and Rajasthan elections were indeed rigged. However, again no hard evidence was presented to back his claim.

Gopinath Munde was murdered because he knew the EVMs were hacked

Another astonishing claim made by the hacker was regarding Gopinath Munde’s death. The hacker claimed that Gopinath Munde was murdered because he had come to know about the tamperings with the EVMs.

This is a ridiculous contention since Gopinath Munde died in an unfortunate accident. If Gopinath Munde was indeed murdered, why was the evidence revealing his murder withheld by the hacker? What was he waiting for? Why suddenly wake up from the slumber now when the elections are just months away? In fact, the hacker after making this sensational claim didn’t care to back it with evidence. This outrageous claim clearly gives away that the hackathon was nothing but a politically motivated event.

Union Finance Minister Arun Jaitley took to Twitter to slam Congress for supporting a baseless story of EVM hacking. He alleged that the Country is not gullible to ‘swallow the garbage’ of EVM hackathon.


There are multiple discrepancies in the hacker claims, leading one to believe that either he is suffering from cognitive dissonance or his claims are politically motivated. The tall assertions made by him were not only contradictory in nature but they were also essentially self-defeating and were not corroborated by evidence.

The live demonstration of EVM hacking by co-opting a hacker was nothing but a sham, allegedly sponsored by the Congress party to cast aspersions on the Election Commission and disparage Modi’s popularity among the masses. It may well be a part of Cambridge Analytica to exert influence on the voters.

OpIndia Evening Dispatch: Monday, 21st January 2019

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In the hustle and bustle of the day, it is only natural to miss some of the biggest developments that impact the nation. The OpIndia Evening Dispatch will catch you up on the day’s event even if you have been busy thus far.

1. Mamata Banerjee govt’s reason to block Amit Shah’s chopper landing don’t hold up, Airport not under construction: Report

The TMC supremo Mamata Banerjee led West Bengal government has denied permission for Amit Shah’s chopper to land in the Malda Airport. Reportedly, Amit Shah was set to hold a rally in Malda on 22nd January 2019. Amit Shah will reach Kolkata and then take a chopper ride to Malda to attend a public rally with BJP workers from North Bengal.

The reason provided by the Malda administration is that it is not possible for VVIP choppers to land in Malda this week. They have claimed that the Airport is under construction. However, according to India Today, the helipad area is clean and no construction work in underway. The India Today report also found that choppers land at that spot regularly.

2. Trouble in mahagathbandhan? Azam Khan upset with Mamata’s ‘United India’ rally, says it failed to represent Muslim interest

Samajwadi Party’s senior leader Amaz Khan is not too happy with Mamata’s United Opposition rally which took place on Saturday in Kolkata. According to reports, Azam Khan felt that while Samajwadi Party chief Akhilesh Yadav attended the rally, the rally failed to adequately represent the interests of the minority.

According to Khan, since there was only one Muslim leader from Kashmir and one from Assam, the representation of Muslims, the second largest religious population, was “merely namesake”. He even slammed the Opposition leaders for sticking to political rhetorics instead of talking about issues that may help the nation progress.

3. Rahul Gandhi colluding with BJD to help mining mafia in Odisha: Claims expelled Congress leader Srikant Jena

Srikant Jena, who was recently expelled from the primary membership of the Congress has dropped a ‘bombshell’ after he accused the Congress party president Rahul Gandhi of surrendering himself before the Patnaik family and mining mafias in Odisha.

Expressing relief over his exit from the Congress party, Jena threatened Congress president Rahul Gandhi of holding “an explosive press conference” during Gandhi’s scheduled visit to Odisha. Jena has also claimed that he would expose the Congress president to such an extent that the latter would “not be able to show his face in public”.

4. Swine Flu in Rajasthan: 60 new cases reported, total number now over 1200

According to reports, 60 additional Swine flu cases have been registered on Sunday, in Rajasthan. This takes the total tally of positive cases registered in the state to 1233 so far.

19 out of the 60 positive cases have been registered in the capital city of Jaipur. With 10 cases registered, Udaipur recorded the second highest number of people suffering from Swine flu. Three people each in Bhilwara and Pratapgarh and two each in Ajmer and Bharatpur were also found swine flu positive.

5. Fact-Check: As claimed by Navbharat Times journalist, was Railway serving food marked for 20th January on 19th?

A journalist with Navbharat Times, Damodar Vyas had alleged that a tweet from BJP spokesperson Tajinder Bagga showing food packets in Railway stamped with date 20 January 2019 was posted on 19th January itself. But the actually, Bagga had posted the tweet on 20th January only, but it appeared as 19th January on Damodar Vyas’ Twitter account due to wrong time zone settings set by him.

6. Central Government ready to prosecute former Home Minister P Chidambaram in Ishrat Jahan affidavit case: Reports

The central government has made up its mind to prosecute P Chidambaram in the Ishrat Jahan affidavit change case, Sunday Guardian reports. It is alleged that he had drafted a second affidavit in the case absolving Ishrat Jahan and others of any link with LeT. The first affidavit had said that encounter was genuine, and Ishrat and her fellow companions were LeT operatives. The second affidavit had changed the course of the investigation. The officer who filed both the affidavits, RVS Mani, had claimed that he was tortured in order to sign the second affidavit.

7. Ayyappa Bhaktha Sangamam: Kerala sees one of the largest congregations of Hindus against Communist govt’s desecration of Sabarimala

A massive gathering of devotees had come together on Sunday in Thiruvananthapuram to protest against the communist government in Kerala which has been ‘incessantly trying to destroy temple traditions and Hindu customs’ in the state.

Devotees, seers and spiritual leaders from across South India had gathered, making it one of the largest congregation of Hindus in the history of Kerala.

8. Mehul Choksi gives up Indian citizenship, hands over his passport to Antiguan government

Fugitive businessman, Mehul Choksi, accused in the $2 billion Punjab National Bank fraud case, has surrendered his Indian citizenship and has handed over his Indian passport in Antigua. It was reported last year that Choksi had taken Antiguan citizenship.

Mehul Choksi, along with his passport has also submitted 177 dollars to the Indian High Commission in Antigua.

9. Government refutes reports of issue of en masse prosecution notice to TDS defaulters, says reports completely misleading

The Central Board of Direct Taxes (CBDT) on Monday clarified that reports by certain media houses regarding the en masse issue of prosecution notices to small companies for TDS default are “completely misleading and full of factual inaccuracies”.

It further stated that the Mumbai Income Tax TDS office has issued Show Cause Notices only in a limited number of big cases where more than Rs 5 lakh of tax was collected as TDS from employees etc and yet the same was not deposited with the Income Tax Department in time.

10. Read full details of the criminal defamation case filed by Ajit Doval’s son, Vivek Doval against Congress’ Jairam Ramesh and Caravan Magazine

5 days ago, on 16th January 2019, the Caravan Magazine published an article targetting Ajit Doval’s son Vivek Doval. The article insinuated wrongdoing on the part of Vivek saying that he heads a hedge fund in Cayman islands even though his father, the NSA, talks about cracking down on tax havens.

Now, Vivek Doval has moved Patiala High Court and filed a criminal defamation case against the author of the article Kushal Shroff, the Editor of Caravan Magazine and Congress leader Jairam Ramesh who did a press conference based on the Caravan article.

Malegaon blast case: High Court questions the authenticity of photocopies of statements submitted as evidence

In a new development in the Malegaon blast case, the Bombay High court has asked the National Investigation Agency (NIA) how the trial court and the NIA itself had verified the authenticity of the photocopies of some documentary evidence that were relied upon in the Malegaon blast case.

“How do you (NIA) or the special court know that these are copies of the original statements? How did you verify that?”, the court asked.

The question was raised by a Bench of Justice A S Oka and Justice A S Gadkari during the hearing of a bunch of appeals filed by one of the accused Sameer Kulkarni in the case, challenging the decision of a special NIA court which allowed the probe agency to bring the photocopies of the missing statements of witnesses and confessions of the accused on record and lead evidence.

The probe agency had submitted before the special NIA court that some of the files containing the original witness statements and confessions of accused taken recorded under section 164 of Code of Criminal Procedure (CrPC) had gone missing. The probe agency had pleaded for photocopies to be taken on record. The special NIA court in January 2017 had allowed the probe agency to use the photocopies as secondary evidence.

Kulkarni had challenged the decision of the special court in his appeal on the ground that there was no evidence to prove the authenticity of the photocopies. The special court had in October last year framed charges against Sadhvi Pragya and Col Purohit in the 2008 Malegaon blast case. The accused were arrested by the police in 2008 and were lodged in jail since then. Sadhvi Pragya was granted bail by the Bombay High Court in April 2017 observing that there was no prima facie case made out against her.

There have been accusations of political interference and fabrication on the UPA government in the investigation in the Malegaon blast case.

Mamata Banerjee has all the capabilities of leading the country: Karnataka CM HD Kumaraswamy

Karnataka Chief Minister H D Kumaraswamy has heaped praises on West Bengal Chief Minister Mamata Banerjee, claiming that she has all the capabilities to lead the country.  “Mamata ji did a great job in organising the rally. She had even requested the Left to join her. This shows her generosity in her tactics in fighting the BJP government. She is ready to make compromises to take our fight to the next level”, said Kumaraswamy.

[youtube https://www.youtube.com/watch?v=Xq2W9o8sGsQ]

Attacking PM Modi Kumaraswamy said that people are disappointed with the administration of Modi. He said, “According to me, deciding on the leadership is not a criterion to win the polls. People of the country are totally disappointed with the administration of Narendra Modi”.

He called Mamata Banerjee a very good administrator. “She (Mamata) is simplest of the simple and a very good administrator. I believe that Mamata ji has all the capabilities of leading the country. And she has already proved herself by leading West Bengal for so many years”, he added.

Regarding the selection of the leader for opposition alliance, Kumaraswamy said, “Several states have their own problems. It is not necessary to select a leader before the elections. There are effective leaders, who can move in a big way for the development of the country. They can make headway in areas where the previous governments have failed. But we can sit and select our leader after the elections are over”.

The JD(S) leader’s comments about Mamata Banerjee is significant given the fact that several leaders in the opposition are eying the post of the Prime Minister in case the alliance comes to power. Recently, DMT leader Stalin had endorsed the name of Congress president Rahul Gandhi as the prime ministerial candidate, much to the disappointment of several other regional party leaders. Rahul Gandhi is hoping to be the next prime minister with the support of several regional parties, but the regional satraps harbour similar hopes for themselves and most of them are unwilling to support Rahul Gandhi’s candidature for the top post.

Kumaraswamy was recently seen complaining that he was working under tremendous pressure of ally Congress party and that Congress was interfering in the functioning of the government. He went to the extent of saying that he was not working like the Chief Minister but like a clerk.

Karnataka: Injured Congress MLA Anand Singh files FIR against Congress MLA JN Ganesh for assaulting him

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On 20th January, Karnataka Congress MLA Anand Singh was hospitalised after another Congress MLA JN Ganesh allegedly hit him with a bottle after a heated argument turned violent. Now, the injured MLA has lodged an FIR against JN Ganesh, for allegedly assaulting him.


BJP Karnataka handle has shared the details of the FIR.


Yesterday, Congress leader D K Suresh had claimed that Anand Singh was hospitalised due to chest pain and no fight happened among the party MLAs in the Eagleton resort. But pictures of the MLA from the hospital bed today showed tell-tale sign of serious injury to his face.


Denying the allegations, MLA JN Ganesh had said, “No such incident has taken place. Anand Singh, Bhima Naik and I were talking when something happened. This is it. What happened is personal. But what is being shown is a complete lie. Even I was hurt but I didn’t say anything.”

The medico-legal report from the hospital mentions that Anand Singh has received traumatic injury, and there is no mention of any chest pain. Now after the FIR by Singh, the attempt by the party to hide the incident has failed miserably.

Medico-legal report by the hospital

The Karnataka police have lodged the FIR against Ganesh under IPC sections 323,324,307,504 and 506. In his complaint, Anand Singh said Ganesh hit him with a stick and punched on the face. “My entire face was swollen, and I started to lose my conscious. Several MLA rescued me from him, if not he would have killed me,” MLA complained.

Assaulted MLA Anand Singh’s wife had also threatened JN Ganesh of legal action if allegations against him are found to be true.

Reportedly, there was a heated exchange initially at Vidhan Soudha between MLA Anand Singh and MLA JN Ganesh on the issue of mining. Soon, both the Congress MLAs were shifted to the Eagleton resort along with other Congress legislators to avoid any risks of possible poaching by the BJP. However, a fight between Ganesh and Singh broke out when the former accused the latter of leaking information to the Congress party. There were speculations that Ganesh is rebelling against the Congress party and also in talks with the BJP.

The Congress had recently moved 76 of its 80 lawmakers to the Eagleton resort in Bengaluru amid fears of poaching by the BJP. Four of the Congress MLAs did not make it to the resort and also failed to attend the Congress legislature party meet on Friday. All the four MLAs have been sent a show-cause notice by the Congress party. Recently, two independent MLAs, H Nagesh and R Shankar had withdrawn their support from the Karnataka government.

‘I hope we will receive even more support once election dates are declared,’ Akhilesh Yadav tells journalists

In what can only be construed as soliciting help from journalists, Samajwadi Party supremo Akhilesh Yadav has said that he hoped for support from his friends in the media. He made these comments while addressing a press conference on Monday.

Expressing heartfelt gratitude to his friends in the media, he said, “We wish that we continue receiving help from the press and I hope we will receive even more support once the election dates are declared.”

The former UP Chief Minister also took a jibe at the recent announcement by the UP Chief Minister Yogi Adityanath of giving pensions to Hindu sadhus. He said, “Pension should also be provided to artists who play the roles of Ram, Seeta and Lakshaman and even Ravan.” He was addressing the media in the party headquarters when he reacted to the announcement of pension to sadhus.

Akhilesh Yadav has made such remarks in the past as well. In March 2017, he courted controversy after remarking in Hindi that “patrakar sahyog dein, baad me inam milega”, which translates into asking the journalists for their support, for which they would be rewarded in the future.

In 2016, Akhilesh Yadav’s government had announced subsidised housing for journalists in the state after being petitioned by 300 journalists, who were asked to vacate their government housing by the state government.

In September last year, participating in the NDTV Yuva conclave organised by controversial English News Channel NDTV, Yadav said that he regretted not killing a journalist who had criticized him.

Chennai’s Loyola College displays Hinduphobic ‘artworks’, apologises after backlash

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Chennai’s Loyola College is facing backlash after it allowed the exhibition of blatantHinduphobic artwork put in its premises as part of its cultural event Veedi Viruthu Vizha. The college tendered its apology for conducting such an event and hurting the sentiments of the people after the BJP state unit forewarned them of registering a complaint against them.

The exhibits put on display bore derogatory drawings of Hindu religion, PM Narendra Modi, Bharat Mata and Hindu organisations. Many people on social media had condemned the display of controversial artworks that mocked and showed Hindu ideologies and symbols in a derogatory manner.


The college in its issued apology letter claims that it was saddened by the derogatory nature of the exhibits put on display and have immediately removed them when it was brought to their notice. However, people on Social Media have stated that the apology is just a smokescreen and it is incredulous to believe that the management was unaware of it.


BJP Tamil Nadu unit chief H Raja has claimed that communists and Naxalites are behind this exhibition. He has asked all Hindu nationalists to file a complaint against the college.

However, one of the professors of the college appeared to brazen it out, claiming that on the issue of #MeToo, the paintings have tried to depict what the children of Bharat Mata had to endure and there’s nothing wrong in it. Even the college management has tried to downplay the controversy by claiming that ‘art should be viewed as art’.

In November 2018, a similar controversy had marred the Department of Tamil at St Joseph’s College, Tiruchi, leading to the indefinite adjournment of a seminar titled ‘Harassment of women as registered in Tamil Literature’, after the Minister for Tamil Culture ‘Ma Foi’ Pandiarajan expressed strong reservations against the organisation of  a ‘derogatory and slanderous’ event. The college had invited research works on topics such as ‘Male domination in Ramayana’ and ‘The plight of Surpanakha in Ramayana’ which led to the outrage.

NSUI leader suspended, FIR lodged after video of him threatening girl student goes viral

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The Uttar Pradesh Police have booked Irfan Hussain, the Shahjahanpur district president of the National Students’ Union of India, for allegedly threatening a student who complained of molestation, ANI reported on Monday.

Shahjahanpur police have been in the hunt for Hussain who has been absconding after the incident.

The incident came to light when the video of Hussain threatening a girl student went viral on social media. The incident reportedly happened in the premises of the GF Degree college in Shahjahanpur, UP.


In the video, Hussain was caught threatening the student by saying, “You are just in the first year now, you have to stay here for three more years, you must reform yourself (sudhar jao). I will make it very difficult for you to enter the college main gate. Act like a woman, stay in your limits.”

He was also seen saying “A girl looks good only when she is within her limits”.

It is notable here that the National Students’ Union of India (NSUI) is the student wing of the Indian National Congress.

Earlier too, NSUI president, Fairoz Khan, was accused by a woman member of NSUI from Chhattisgarh, of seeking sexual favours in exchange of political posts.

According to the Additional Superintendent of Police (ASP) Shahjahanpur, D Tripathi, “An incident of molestation has come to notice at GF College. FIR has been registered and attempts to arrest the accused are underway.”As per reports, Hussain was caught on camera while threatening a female student after she complained of a molestation incident. In a viral video, the NSUI district president of Shahjahanpur could be seen threatening the woman in front of the college staff who stood there still.”

NSUI district president Irfan Hussain along with his three friends have been booked under section 354 (assault or criminal force to woman with intent to outrage her modesty), 504 (criminal intimidation) of the IPC and the POSCO act.

Meanwhile, according to the Times of India, NSUI has suspended Hussain following the allegations. NSUI National Secretary Vishal Chaudhary said the decision was taken in accordance with the protocol.

Agencies start probing the ‘political leader’ mentioned by Christian Michel in correspondence with AgustaWestland executives: Reports

Investigative Agencies probing the UPA-era AgustaWestland Scam have been continuously grilling middleman Christian Michel and unearthed various aspects relating to the scam. Now, agencies have started probing the ‘political leader’ mentioned by Christin Michel’s in his correspondence to AugustaWestland executive, in the year of 2009.

According to an Economic Times report, Christian Michel has revealed that the “procurement papers” related to price negotiation of the deal were shared with a party leader, in addition to the home, finance, foreign, defence and Prime Minister. Agencies are suspecting that the correspondence hints towards a possible leak of the information related to the Contract Negotiation Committee, which is highly confidential.

The authorities have long suspected that Christian Michel had unbridled access to the then UPA government. These suspicions did not come without reasons, considering a previous report about a letter written by Michel to AgustaWestland CEO Giuseppe Orsi back in 2009 confirmed the extent of his access within the UPA government.

In the letter written by Michel to Giuseppe Orsi, he had said that he had unbridled access to the UPA cabinet meetings and the Cabinet Committee for Security. He also said that he had access to classified conversations between the then Prime Minister Manmohan Singh and Hillary Clinton. He also claimed that he had “pressurised” the PM through Congress party “elites”.

In another letter by Christain Micheal to AgustaWestland executive Giacomo Saponaro, he mentioned about a minister putting efforts to swing the deal in favour of the British manufacturer.

“I have discussed this with the political people who will receive the CNC recommendation after our meeting on Friday. The minister states if we refuse to drop escalation, he will not allow the CNC to simply write to AgustaWestland (A.W.) rejecting A.W and calling for a new tender. The minister will call a meeting on January 6 to review the position”, the letter read.

It added that with support from a minister, they have a “fighting chance”. But, he also added that it won’t be possible to seal the deal during the tenure of UPA-1, as the political intervention will nearly take a month. It further discussed four points regarding the deal. First, it said, as they have not received any negotiation plea on the main price, it can help them save time and money.

“Secondly, India would pay for the aircraft in euros and, with at least 50% of those to be built in the UK, the deal would give rise to a minimum 20% saving,” it said. “Thirdly, vendors will be more flexible on price. Fourthly, the position that this deal will give your company and product in India will be second to none. Lastly, if we understand the shortfalls in the price, we can more than make this up in the coming years, let alone the life of the products.” The letter read.

Michel was extradited to India on 4 December from United Arab Emirates (UAE). Recently it was also unearthed that, Christian Michel’s involvement was not only restricted to AgustaWestland scam. He had also lobbied against France-based Rafale in order to enable Eurofighter, its rival, to grab the MMRCA deal. On 5th January, the Patiala House Court had extended Michel’s judicial custody till February 26.

Read full details of the criminal defamation case filed by Ajit Doval’s son, Vivek Doval against Congress’ Jairam Ramesh and Caravan Magazine

With the Modi government coming to power in 2014, the media space has seen a litany of false and malicious stories that have repeatedly targeted leaders of the Bhartiya Janta Party (BJP). From Amit Shah to Ajit Doval. From the Prime Minister himself to Piyush Goyal and Arun Jaitley, none of the leading political figures has been spared. In fact, when the malicious articles against the politicians themselves didn’t stick, the media space started targeting the family members of these political leaders. First, we saw how Amit Shah’s son Jay Shah was targeted with false innuendos. Then, Ajit Doval, the NSA’s son Shaurya Doval was the object of media obsession, and now, Ajit Doval’s second son, Vivek Doval seems to be in the Media’s crosshairs.

5 days ago, on 16th January 2019, the Caravan Magazine published an article targetting Ajit Doval’s son Vivek Doval. The article insinuated wrongdoing on the part of Vivek saying that he heads a hedge fund in Cayman islands even though his father, the NSA, talks about cracking down on tax havens.

Now, Vivek Doval has moved Patiala House Court and filed a criminal defamation case against the author of the article Kushal Shroff, the Editor of Caravan Magazine and Congress leader Jairam Ramesh who did a press conference based on the Caravan article.

The details of the criminal defamation case have been accessed by OpIndia.com. The defamation case says that Vivek Doval is a UK National and an Overseas Citizen of India. Vivek, along with one Mr Amit Sharma, is the Founder- Director of GNY Asia, a hedge fund based out of Cayman Islands. The complaint says that Vivek has been forced to file this criminal defamation suit because the accused persons have deliberately maligned and defamed him, seemingly, to settle scores with his father, Ajit Doval who is the current NSA of India.

The complaint reads:

“Through calculated insinuations and innuendos raised by way of published articles and press conferences, the accused persons have raised unfounded and baseless allegations against the Complainant, and have caused irreparable damage to his reputation and goodwill that he had earned for himself over years of hard work. Moreover, through the said deliberate insinuations, the accused persons have made grave and serious allegations of money laundering against the Fund, which is a legitimate and ethical business venture of the Complainant, not only without any proof therefor, but being completely aware of the falsity thereof”.

It says that the article manages to cast aspersions on the formation of the company and conveniently connects it to demonetisation in the country and based on this fallacious article, Congress leader Jairam Ramesh held a press conference making serious allegations against Vivek.

The complaint says that Congress leader Jairam Ramesh and the Caravan Magazine have insinuated wrongdoing simply on the basis of proximity of the date of hedge fund launch and demonetisation and that a cursory reading of the facts would expose that they have no proof and these allegations are baseless. Congress has insinuated that Vivek was involved in money-laundering and that the fund was specifically launched for that purpose post demonetisation.

It lists the merits of Vivek Doval as under:

  1. (i)  B.Sc Economics (Hons.) from the London School of Economics (LSE) in 1999;
  2. (ii)  MSc Economics (Specialisation: International & Monetary Economics) from LSE in 2001;
  3. (iii)  CFA from CFA Institute, Charlottesville, USA in 2006 and was awarded, Charter;
  4. (iv)  CAIA from CAIA Institute, Charlottesville, USA in 2010 and was awarded a Charter;
  5. (v)  Program for Leadership Development, Executive MBA from the Harvard Business School, Boston, USA. In 2014.

The complaint then charts Vivek Doval’s professional work since 2001.

It says that the career path of Vivek illustrates that he never used his family contacts and that, when he decided to launch the fund, people trusted him enough owing to his professional history to work with him.

The complaint then explains the manner in which the Cayman Island hedge fund came into existence. He says the fund was started by him and one Amit Sharma. They have been colleagues since 2004 when the Complainant worked at Bear Stearns and Amit Sharma worked at Deutsche Bank, both working as Semi-Conductor Companies’ analysts in Equity Research.

Thereafter, when Vivek was working at Boyer Allan in 2007, Amit Sharma was the equity salesperson advising the Complainant from Macquaire Securities in London. Given his strong professional background previously at Deutsche Bank, Amit Sharma offered investment advice to Vivek, which helped him in his investment work at Boyer Allan. The same continued when Vivek became the fund manager at British Airways Pension Investment Management Limited in 2012.

In the complaint, Vivek says that by the end of 2015, he had achieved a few years of outperformance in managing a USD 2 billion Asia Pacific fund at British Airways Pension Investment Management Limited and hence decided it was time to get into entrepreneurial ventures.

The complaint then says that the seeds for the Fund had been sown in January 2012 itself when Vivek and Amit Sharma, after Boyer Allen closed, discussed the possibility of getting into business together. It says that they met on a weekly basis and discussed their plans. Vivek Doval and Amit Sharma incorporated a company called Vivam Hold Co Ltd. in October 2013 but it remained a non-starter due to lack of funds and other reasons and was registered to Vivek Doval’s residential address in Hampstead, UK.

It says that by November 2015, they had started looking for prospective investors and even met several service providers including Gordian Capital at Singapore. In April 2016, Amit Sharma quit his job at Macquaire Securities in London and plunged into the process of setting up the fund; whilst Vivek Doval continued his job at British Airways Pension, funding the costs of the fund creation, by his professional earnings. It was then that the process picked up the pace and Mr Mohammed Althaf of the Lulu Group came onboard and the decision to launch the fund was taken.

Upon completion of all documentation, the Fund documents were filed with the Cayman Islands Monetary Authority (CIMA) at the Cayman Islands and the Fund was registered in the Cayman Islands under the Mutual Funds Law (2015 Revision) on 21.11.2016. The Fund was then launched in December 2016. The ideal launch date was fixed in Sept/October 2016 but it took longer to launch the Fund owing to coordination among various players working towards the objective.

Essentially, the timeline has been produced below

Essentially, even if we leave the unofficial time of ideating aside, the fund has been under conceptualisation since 2013, as evidenced by the timeline. It would seem like a stretch for Caravan to connect the incorporation of an elaborate hedge fund to an overnight decision of demonetisation.

Vivek Doval has submitted that his hedge fund has only 5 investors who are all professionals in their own right. The total corpus of the fund is $11 Million which amounts to a paltry Rs. 77 crores. One of the investors owns by 93% (77 crores) of the investments and Vivek submits, that they are friends and colleagues whom he has known for 15 years of his professional life.

Interestingly, Vivek has submitted the details, cheque numbers etc of all his investors and has submitted to the court that all of them are willing to testify about the source of their wealth and the basis of the investment.

Countering the charges of money laundering that were levelled against him by the Caravan Magazine and Jairam Ramesh, Vivek has submitted that no fund was ever raised in India. He has submitted that not more than 15% ($2mm i.e. 14 crores) of the fund has ever been invested in Indian markets. Even this $2m exited India in 2017 due to purely commercial considerations. 

It certainly stands to reason that if the requisite funds were not even raised in India, how the charges of money laundering have been levelled against Vivek Doval or his colleagues.

In fact, on the question raised by the Caravan Magazine and Congress about why the hedge fund was in the Cayman Islands which Ajit Doval has himself branded as a tax haven, it is important to note that domicile of the Fund was recommended by professional Advisors. The Cayman Islands is associated with black money in India but it is not the same in developed global financial centres. Cayman islands is a leading domicile for investment funds housing 11,000 hedge funds and 60% of all assets of the global hedge fund industry estimated at $1.1 trillion. It attracts 80% of all new offshore Fund formation and houses more than 75% of the industry. Fund formation is a box standard procedure for all funds and mine was no different.

Ajit Doval had spoken about the black money stashed in the Cayman Islands. But branding legitimately earned money and legitimate business as black money just because it is in the Cayman Islands is faulty logic, and one, motivated by maliciousness.

Vivek Doval has asserted that if the GNY Fund is 77 Crores, of which 14 crores is invested in India than how can 8,300 crores come to India through it. This is an allegation which was specifically made by Jairam Ramesh in his press conference. Vivek also asserts that he is regulated by the Monetary Authority of Singapore, audited by PWC, Custody by Wells Fargo and prime brokered by Nomura Securities. All these are gold standards in the world of global finance and have rigorous procedures for taking clients on board.

Regarding the connection between his fund and the business of Shaurya Doval, Vivek Doval says that he had used an analyst and an economist from the company of Shaurya Doval in India for supporting his operations so as to reduce the cost of his business. For use of the office space and the salaries of these professionals, the fund paid a monthly fee of Rs. 2 Lakhs.

It would appear as thought Caravan Magazine had drawn up a complex diagram showing a web of companies simply to obfuscate the fact that the relationship between Vivek Doval’s company and Shaurya Doval’s company was limited to 2 hired professionals and an office space for which Vivek’s fund was paying adequate salaries.

Vivek has asserted that his fund has suffered a loss of 20% over the past 2 years and the NAV of the company stands at $9 million.

Vivek has also said that “in the spirit of 100% transparency and honesty, I am submitting all my pay slips and my tax returns from UK and Singapore for last 18 years (from 2001) where I have been based from the beginning of my professional carrier. Mr Ramesh is free to examine it and I will like him to prove if any undue benefits have been received by me or my family at any point in my life. As a startup guy, I have on the other hand in the last 3 years taken 1/3 of a salary that I was earning as a senior banker in London”.

He also says, “When the funds are registered the Cayman Islands you need a local director. Firms like DMS Services provide these services to all funds. I hired DMS services and Mr Banks is their nominee director on the fund. As a fund manager, I do not choose who they provide as a Director. His CV has been submitted to the court. Linking him and though him my fund to other events and debates without any proof is totally unethical. As a matter of fact defaming him, without evidence, also may make Mr Ramesh liable for an upcoming legal challenge in jurisdictions beyond India”.

With these statements, Vivek Doval seems to have adequately answered the questions and insinuations raised by not only the Caravan Magazine but even Congress’ Jairam Ramesh. What is evident, however, is the fact that Congress in its desperation seems to be targetting the families of political leaders simply because they can’t find anything against their political opponents directly. Going after a family member with conjectures and no proof seems to be a new low for Congress, however unsurprising.