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Prashant Bhushan submits rejoinder affidavit in Rafale review petition, repeats the same lies

Lawyer-activist Prashant Bhushan has submitted a rejoinder affidavit at the Supreme Court, in the review petition filed against the Rafale deal. The rejoinder was filed as a response to reply of the union government in the case, as instructed by the court.

The affidavit rejects the three broad contentions made by the government. The government had said that as the matter pertains to national security, the scope of judicial review is limited; petitioners cannot ask for a “roving and fishing inquiry” based on subsequent media reports; and CAG has not found any wrongdoing in the contract in its final report after considering all records. Prashant Bhushan says that these arguments made by the government are not justified.

The affidavit says that if the complaint prima facie discloses a cognizable offence then an FIR has to be mandatorily registered and investigated. But in this case, CBI did not take any action on the complaint of the petitioners.

Prashant Bhushan states that the court had dismissed their petition as if the petitioners were asking for a cancellation or review of the contract. The affidavit says that the deal was granted after the announcement about the same was made, and PMO officials were doing parallel negotiations which were objected by the defence ministry. It also alleges that several clauses applicable for defence purchases were removed in the deal, like Sovereign Guarantee and Seat of Arbitration.

The affidavit also says that domain experts in the Indian Negotiation Team had strongly objected to the increase in benchmark price, delivery schedule, sovereign guarantee, seat of arbitration and provisions in offset contract.

Prashant Bhushan alleges that the government has misled the government in various aspects of the deal in its response which was submitted in a sealed cover. He also accuses the government of suppressing information and says that the government obtained the judgement on the basis of fraud.

It can be seen that in the rejoinder affidavit, Prashant Bhushan has not brought any new allegation, he is merely repeating the same complaints which have comprehensibly rebutted already. It is on record that the Indian Negotiation Team submitted its decision unanimously, without any dissent. What the anti-Rafale petitioners are relying on are details of meetings when many things are discussed, objected, accepted etc. But the final decision of such meetings matter, not how those decisions were arrived at. Regarding the dropping of certain provisions, it is a known fact that in government to government contracts, provisions like sovereign guarantee are regularly dropped, and they were dropped in previous similar defence deals. It was not something that was done for the first time in the Rafale deal. The allegations of defence ministry objecting to PMO’s alleged interference has been dismissed by former defence minister late Manohar Parrikar. Even the stolen document submitted by the petitioners had Parrikar’s note on it dismissing the apprehensions of an official, who was not even part of the negotiating team.

The Supreme Court will next hear the case on May 10. The Contempt case against Rahul Gandhi for attributing chowkidar chor hai will also be heard together with the main review petition. Yesterday the Congress president submitted his unconditional apology to the apex court for his comments.

Up against the Lutyens cabal, disgruntled journalists and a blockbuster like Avengers Endgame, The Tashkent Files succeeds

Bollywood is going through a churn where in recent times, many movies with a historical and political background have not only been made and released but have been extremely well received by the audience. Progressively, movies a different political theme is tasting success at the box office. Recently, we saw movies like The Accidental Prime Minister do well and now, with The Tashkent Files is breaking glass ceilings for off-beat political dramas.

The Tashkent Files, directed by Vivek Agnihotri released on 12th April 2019 amidst a lot of outrage from members of the Congress party. Congress was of the opinion that the movie demonises the Gandhi family.

‘The Tashkent Files’ is about one of the tallest leaders of the country, Lal Bahadur Shastri and his mysterious disappearance. A mystery that has long haunted the nation and questions that have long been pointed, in silent, dark corners of the collective subconscious at the first family of Indian politics – The Nehru-Gandhi dynasty.

After hoards of outrage by Congress, the Lutyens ecosystem struck. For no good reason, there were several movie reviews that demonised the movie. Raja Sen, movie review flat out refused to write about the movie. Aseem Chhabra, another soldier of the Bollywood confederate responded to the movie’s PR agent and said he does not want to watch the movie at all. Flat out refused. The players of the ecosystem rained down hate on the movie without even watching it.

stalwarts in the industry like Rajeev Masand and Anupama Chopra have refused to review Vivek Agnihotri’s movie. They have, of course, not provided any reason for doing so, but for those who follow politics and the veiled players in the political arena, are well aware of the reasons that may have forced them to betray their profession.

The outrage and demonisation of the movie, though, seems to have failed. The Tashkent Files which had was made with a paltry Rs. 2.55 crores budget has done phenomenally well at the box office in its category.

At the end of Week 4, The Tashkent Files had totalled a business of Rs. 13.25 crores according to Taran Adarsh.


The Tashkent Files, the small budget product of love was up against a big blockbuster like Avengers. One glance at the business it drew makes it clear the scale of unevenness when it comes to the box office battle.


It is thus no mean feat that The Tashkent Files managed to hold its own in its own category.

When OpIndia spoke to Vivek Agnihotri, he said that the movie has survived massive ups and downs. When the Avengers Endgame was released, he said, everyone said that the movie, The Tashkent Files was done. However, the shows increased. Even abroad, Vivek says that the movie is doing well.

In Kanpur, the shows of The Tashkent Files had almost stopped running as all theatres picked up other movies. But when several people started demanding that the show is brought back, the movie was picked up again by the movie hall owners, said Vivek Agnihotri.

Earlier, when we had spoken to Vivek Agnihotri, he had spoken of the roadblocks and opposition he faced while trying to release this movie. He had said, “it would never have happened had I make a movie eulogising Nehru”, and perhaps he was right.

This time, in our conversation, Vivek Agnihotri said that several journalists spoke to his wife and artist Pallavi Joshi to ask her why OpIndia.com was taken on board as a media partner. In fact, Joshi was told that the movie will not get the necessary traction and nobody will touch the movie because they partnered with OpIndia.com instead of a big media house.

Vivek Agnihotri basically said that he and Pallavi were unmoved by these threats and ‘words of advice’. They went with their heart.

Uttar Pradesh: Congress candidate’s car caught with cash worth 24 lakh in Basti

The Uttar Pradesh Police has seized 24 lakh rupees in cash from the vehicle of Congress candidate from Basti, Raj Kishor Singh’s vehicle on Thursday. Two people have been arrested in this regard.


Singh, who was formerly in the Samajwadi Party, was reportedly not present in the vehicle when the checking was done by the Police. It is believed that the money was meant to be used to bribe voters. Pamphlets of the Congress party were also recovered from the vehicle. A case has been registered and an investigation has been initiated into the matter.

As per reports, members of the police flying squad were checking vehicles near Sonupar area within city police station limits in Basti when a Scorpio vehicle was apprehended. The vehicle was reportedly filled with campaigning material printed in the name of Congress’ Raj Kishore Singh and also had Rs 24 lakh in cash. Two people present inside the vehicle had been arrested while a third person named Ram Prasad Gupta managed to escape.

Raj Kishore Singh was a 3-time Samajwadi Party MLA from Kaptanganj in UP. He had joined Congress recently.

The Congress candidate is up against Harish Dwivedi of the Bharatiya Janata Party and Ram Prasad Chaudhary of the Mahagathbandhan in Basti. Singh was a Minister during the Samajwadi Party regime in the state. The constituency is set to go to polls in the 6th phase of the Lok Sabha Elections on the 12th of May.

Shiv Sena backs PM Modi’s ‘Bhrashtachari’ remark, says its the price Rahul is paying for insulting Savarkar

Shiv Sena on Thursday, in its editorial mouthpiece, Saamna, backed Prime Minister Narendra Modi’s ‘Bhrastachari No 1’ remark on Rajiv Gandhi, saying that this is the price Congress president Rahul Gandhi has to pay for “insulting” freedom fighter Veer Savarkar.

Shiv Sena said in its editorial that the Congress scion has blatantly called the Prime Minister a ‘chor’ in his public rallies and intermittently insulted Veer Savarkar publicly.

“Rahul Gandhi refers to Narendra Modi as ‘chor’ in public assemblies; does anyone expect the Prime Minister to invite him for a cup of tea for this? Even if we assume that what Prime Minister said about Rajiv Gandhi was wrong, the manner in which Rahul Gandhi has insulted great freedom fighter Veer Savarkar is worse,” said Shiv Sena. “The manner in which he made fun of Savarkar and described how he freed himself by pleading to be British, it is an insult to all the freedom fighters and is simply unacceptable,” the editorial read.

The Congress President had in the INC’ 84th plenary session, last year, disparaged the credibility behind Veer Savarkar’s life by branding him a ‘traitor’ and a “British Stooge”. He tainted him as an “anti-national” because he sent ‘mercy petitions and clemencies’ to British in jail.


Meanwhile, Shiv Sena, while defending the Prime Minister for his remark, said the latter has simply “shown him (Rahul) his deeds.”

“Rajiv Gandhi was killed in an attack by the Tamil militants and all were saddened that Rahul and Priyanka Gandhi’s father left them. Before his entry into politics, Rajiv Gandhi did nothing great for the nation, hence a term like “sacrifice” doesn’t suit him. He became Prime Minister after Indira Gandhi was brutally murdered and later on his politics and life also ended in a sad manner. But such was not the case with Veer Savarkar, who at the age of 14 years pledged in front of the Almighty to get independence for his nation and fight British till his last breath,” the editorial read.

At an election rally in Pratapgarh constituency on May 4, Prime Minister Modi in response to the incessant allegations on the Rafale deal by the Congress President Rahul Gandhi, who is out on bail in National Herald case, had said that his father (Rajiv Gandhi) was termed as Mr Clean by his courtiers but his life ended as a Bhrashtachari No.1.

Though many opposition leaders condemned PM Modi’s remark the Prime Minister stood his ground and challenged the Congress to fight the remaining phases of Lok Sabha elections on the issue of Rajiv Gandhi’s self-respect.

PM Modi hits out on Mamata Banerjee in Purulia, says infiltrators included in TMC as its cadres will be identified

In a blistering attack against the Trinamool Congress party, PM Modi in an election rally in West Bengal assured the people of the state that ‘infiltrators’ which the TMC has made its cadres will be identified and those who are troubling daughters and cultured Bengalis will be singled out.


Taking a jibe at TMC supremo Mamata Banerjee, PM Modi said, “Didi has ‘Mamata’ for the infiltrators and foreign artists but she has no concern for the welfare of the Adivasis residing in West Bengal.


PM Modi further attacked the West Bengal Chief Minister saying that she wants to greet him with pebbles and slaps. “Didi, o Mamata Didi, main toh aapka aadar karta hun, aapka thappad bhi mere liye aashirwad ban jaega, vo bhi mai khalunga.”


In the remaining 2 phases of the Lok Sabha elections, 17 Lok Sabha seats from the West Bengal state are going to the polls. In the 6th phase to be held on May 12, 2019, elections will be held on 8 Lok Sabha seats from West Bengal and in the last phase, 9 Lok Sabha seats from West Bengal will go to polls.

ASI identifies Indian artefacts seized from art smuggler Subhash Kapoor in USA, could be brought back to India

The Archaeological Survey of India (ASI) had identified Indian artefacts seized by the US Immigration and Customs Department from the arrested art smuggler Subhash Kapoor. On Wednesday, the ASI said that the artefacts would soon be returned to the country.

Over 300 antique objects, including idols dating to the Gupta period (5th-6th century AD) and terracotta objects of the Harappan culture, were identified by the Indian team that had visited the United States.

Two officials, Dr Urmila Sant and P.S. Sriraman, visited the US after receiving information from the Consulate General of India in New York about the seizure of artefacts by the Immigration and Customs Enforcement of U.S. Department of Homeland Security from the storage of the art smuggler Subhash Kapoor. Close to 100 objects have been identified by the ASI team.

“The antiquities comprise beautiful bronzes from the Suttamalli and Sripurantan temples of Tamil Nadu and also a very significant image of Mahakoka Devata. Of these, four antiquities were stolen from the protected monuments at Karitalai, district Katni in Madhya Pradesh on August 16 and 17, 2006,” the ASI said.

In addition to this, the Consulate showed the team 327 objects, out of which 251 were found to be historically important antiques. This also contained the 56 terracotta objects returned by the Toledo Museum (Ohio) which was originally gifted to them by Subhash Kapoor. A majority of the terracotta belonged to Chandraketugarh, West Bengal, a prominent site of terracotta art in the first decade, CE. The rest comprised terracotta objects of Harappan culture and of the Gupta period.

“Further, 232 objects comprising of brass and copper alloys, gold with enamel work, silver, stone and terracotta in possession of the Indian consulate were also inspected by the ASI officials. Among them, few were identified as antiquities, like the stone image of the Buddha of Mathura School, a terracotta image of the Buddha belonging to the Gupta period and a set of 10 copper plates engraved with Quranic verses of the late Mughal Period,” the ASI said.

The statement also added that following the arrest of Subhash Kapoor, many museums have returned the stolen artefacts procured from him.

“Many museums in the U.S. have also deposited various valuable antiquities to Homeland Security officials that they had purchased from Kapoor, saying they were not aware that the items had been smuggled into the country,” the ASI said, adding that the Indian consulate in New York would be working on transporting the objects back to India.

Subhash Kapoor was an Uttar Pradesh-born US citizen and had an antique gallery in New York. He had smuggled idols from India and Afghanistan. Kapoor is also an important link to an international smuggling racket. Interpol had acted upon a red corner notice and he was detained in Germany. He was extradited and faced trial in Chennai. Currently, he is locked up Trichy prison.

The discussion around GDP data is driven by political and ideological belief, not data and facts

There has been a lot of discussion regarding the data on GDP and the discussion on this has been driven more based on ideological beliefs rather than a rigorous review of the issue at hand. There is no denying that India does need to improve its statistical systems but the important question to ask is if the quality of new data is worse than the quality of data that was made available to us before. The answer to this is likely to be a no as the quality of our data is still as good as (or as bad as) it was before.

Another important point is to keep this debate limited to a discussion amongst statistical experts rather than having politicians jump in to try to use this for petty political points. The fact does remain that the new GDP methodology is far more robust and reflective of the true picture of the Indian economy (You can read an earlier article that explored this issue by clicking here). As discussed, revision of base years and recalculation of previous years is a routine statistical procedure. In fact, many times such revision tends to lower the value of GDP for previous years.

The recent debate regarding the GDP has come with the backdrop of a report that suggests that the MCA-21 database has 36% of its companies unsuitable for collection of data. The MCA-21 is the new dataset that is used by the Ministry of Statistics and Programme Implementation while estimating the GDP based on the revised methodology. It must also be stated the new methodology is based on the United Nations System of National Accounts (2008) and is, therefore, it has been vetted by international experts. Yet, this debate continues to be politicized and the focus shifts from the genuine discussions on improving India’s statistical systems.

Critics point out that the presence of shell companies is likely to lead to a downward revision of the GDP in preceding years. However, a downward revision of previous estimates of GDP solely because of the presence of these companies is highly unlikely for many reasons. An alternative source of data on the performance of the economy (in the industrial sector) is the Annual Survey of Industries. It is evident that when the industrial sector grows, the service sector is likely to grow and therefore, ASI data can help us understand the broad trend in directional sense of the Indian economy.

Dr Surjit Bhalla highlighted the findings of the ASI data in an earlier article as he showed how ASI showed a significant acceleration in the industrial sector post-2014. Table 1 presents this data as it becomes evident that indeed there has been an acceleration in the growth rates from 2014 onwards. Therefore, the economy is likely to have performed better in this duration than in 2011-13.

Another important issue worth considering is that the problem concerned is with companies in the service sector. One needs to realistically evaluate the extent of this issue with the MCA-21 database but it is also important to stress that the CSO also takes into consideration all available data of economic indicators as available to them as it routinely revises these estimates and publishes detailed press notes on such revisions. Therefore, if there was any downward revision say in the Index of Industrial Production or the agricultural production data, CSO would have taken it into consideration and revised the estimates downwards. Thus, any discrepancy in what the MCA-21 is showing and other datasets show would be identifiable and thus, could be corrected for in subsequent revisions. The fact that this did not happen, combined with the available data makes one conclude that the revision of GDP because this report is highly unlikely.

Besides, it is very important to understand what shell companies are and whether they create value to be added in the GDP computations or not. Shell companies are created purely for taxation purposes as it enables firms to pay lesser tax through the division of value creation between multiple companies. For instance, suppose there is a manufacturer who produces a good and he creates a company that trades the good. The reason why a firm is likely to do this is in the event of a high excise tax compared to sales tax, the manufacturer can sell the product to the trading company at a lower rate to avoid paying the high tax. In doing so, the manufacturer allocates a greater share of value addition to the trading company than the manufacturing company. The trading company may just be a shell company while the value addition is happening solely at the manufacturing stage. But, for the computation of GDP, it is important that the overall value addition is computed and hence, for estimation purposes, the economic value of shell companies should well be accounted for. Dr Pronab Sen has also highlighted this issue in an article for the Hindu.

It is important to understand that even in a directional sense India’s growth rate post-2014 is better than during 2009-13, while we may disagree on the magnitude, but broad indicators do point out that due to the strong macroeconomic fundamentals growth has indeed been higher. Therefore, what is needed is to strengthen India’s statistical systems further and ensure that discussions on economic indicators are free from politics and driven by logic rather than ideologies.

While the quality of India’s economic data remains just as it was in the past, it is imperative that the government considers reforming our statistical systems to ensure that such questions don’t arise in the future. What is also important is for the MCA-21 to be made public so that independent researchers can use it to find any inconsistencies and suggest potential changes to improve the reliability of this dataset.

Woman throws slipper at Navjot Singh Sidhu for speaking against Modi at a rally marked by ‘Modi, Modi’ chants

Political tension during this Lok Sabha elections seems to be high that some people have resorted to physical violence against politicians they are unhappy with. Few days after Delhi CM Arvind Kejriwal was slapped by an Aam Aadmi Party supporter during a roadshow, Congress leader Navjot Singh Sidhu was attacked by a woman with footwear.

While addressing a rally in Rohtak, a woman threw a slipper at the Punjab minister for speaking against PM Narendra Modi. Although she had missed her target, the woman was detained by police present at the spot. She told the police that she threw the slipper because the politicians were talking against PM Modi.


Although no video has emerged showing the incident, a short video has emerged showing the woman talking to police personnel who detained her. In that short clip, it can be heard that she says she threw the footwear because Sidhu was talking against Narendra Modi.

Slipper throwing woman was not the only thing that Sidhu had to face at the rally. People present at the rally were also chanting ‘Modi, Modi’ slogans, causing a huge embarrassment for the Congress leaders.

Cyclone Fani devastates Odisha’s Raghurajpur, the artisans’ village famous for Pattachitras

It has been almost a week since the devastatingly powerful Cyclone Fani hit Odisha’s coast, leaving mayhem and destruction in its wake. The state has been hit hard. Though the phenomenal evacuation efforts made sure that the loss of life was minimised, the destruction of infrastructure, basic facilities and damage to agriculture and establishments is so overwhelming that the state will probably take years to fully recover.

Many of the cyclone-hit parts, even in the capital city Bhubaneswar, are still without electricity and drinking water. The state government and central authorities have been working day and night to restore electricity, connectivity and services in cyclone-hit areas. Even neighbouring states have sent help.


Despite all the help, the damages are just too much for the coastal districts to bear. Government efforts have saved lives, but crops have been destroyed, farmers have lost their livestock, and thousands of villages lay destroyed.

Amidst all the mayhem and chaos, a silent, serene village near Puri has taken damages that are unspeakable. Raghurajpur is a unique village. Famous for its Pattachitra art, the village is a tourism hotspot. When Cyclone Fani made its landfall on the coast of Puri, Raghurajpur has suffered losses that have destroyed exquisitely crafted Pattachitras, hundreds of finely crafted paintings, many of which take days, even months to make, have been destroyed.


The village of roughly 140 families makes Pattachitras, wooden craft, paper masks and other traditional art. It has been declared a heritage village and witnesses a constant flow of Indian and foreign tourists throughout the year. After the cyclone, the village lies destroyed, along with scores of painfully made paintings and artefacts.

Cyclone Fani has destroyed Pattachitras, Image credit: Biswaranjan Raut via The Hindu
Artist tries to dry damaged Pattachitras in the sun, Image courtesy: New Indian Express

The Pattachitras are uniquely painted depictions of Hindu gods and mythology. The art form dates back to the 5th century BC and is kept alive by a few master painters and their family members. Pattachitras are made on a piece of cloth or dried palm leave and include intricately made patterns. They depict mythical animals, gods, leaves, flowers and events of Hindu mythology. Many Pattachitras involve months of intricate, fine work and are sold for thousands of rupees.

A Pattachitra involves unique skills and artistry, often takes months to make, Image courtesy: Keywordhouse.com

As per a report in The Hindu, the artists of the village state that Cyclone Fani was just too strong for them to save their paintings. When the cyclone hit, most artists had to try their best to save lives, the paintings and artefacts were left to face the wrath as Fani tore through wooden doors and smashed down walls.

Not just the art and craft, cyclone Fani has also destroyed the vast stretches of palm trees from where the artists used to source their raw material. Stone sculptures around the village are lying scattered and houses with intricate wood carvings, some hundreds of years old, stand brutally damaged.

The village and its art survive on tourists and connoisseurs. After Cyclone Fani, not a single tourist has come to the village. Devastated artists are now trying to salvage their paintings which had taken them months, sometimes years to make. Relief and reconstruction efforts might erect the fallen homes and restore services soon, but the years of hard work and the painful artistry invested in the damaged Pattachitras is something the artists will never get back.

Rakhi Sawant poses with a Pakistani flag, gets abused by Pakistanis, Rakhi asks them to ‘don’t eat my brain’

Television personality and actor Rakhi Sawant, on Wednesday, took to Instagram to share some pictures of herself where she is seen covered in Pakistani flag.

Rakhi Sawant draped in Pakistani flag

She had even put out disclaimers that she loves her India and she is draped in the Pakistani flag only for the film “Dhara 370” in which she was playing a role of a Pakistani dancer who helps Kashmiri people from turning into Jihadis.

She then uploaded a video explaining her role of a Pakistani dancer who was just trying to save Indians in Kashmir from turning into a terrorist. She appealed to people that this is just a role she is playing and that they should not eat her brain for this.

 

View this post on Instagram

 

Im jast plying my character in the film ?

A post shared by Rakhi Sawant (@rakhisawant2511) on

However, she soon started getting abuses, especially from Pakistanis.

Comment left by Pakistani on Rakhi Sawant’s post
Pakistanis taking an offence on Rakhi Sawant’s clothes
Pakistani abusing Rakhi Sawant
Pakistani abusing Rakhi

At some point, Rakhi, too, lost her cool and responded to the abuses, and asked her abuser to shut their mouth.

Rakhi responding to abuses

Rakhi Sawant likes to stay in the headlines for her antics. Earlier she had taken to social media to talk about her ‘healing’ story where Jesus helped her walk again after her injury. However, after priests helped Rakhi heal, actor Tanushree Dutta had shown her disappointment to Jesus Christ and asked Christ to choose between Rakhi and herself.