Sub Dharti Gopal Ki..? – The Land Acquisition Conundrum

By: Abhishek Joshi

Perhaps this might be coming up from the ramparts of Red Fort in a week’s time. “With stroke of the midnight, when the world sleeps, India shall sleep too and when it wakes up would realize that all the land of farmers, regardless of single, multi crop or barren have been acquired by the Government, transferred to Institutional Investors and Corporate players and farmers for all are now left “independent” to contest their rightful claim for its compensation”. No Sir not the land only compensation.

Strangely, when the “Monsoon” (and not the Drought) session is in progress, the contentious Land Acquisition Act 1894, lapsed multiple times in the Parliament in its new avatar, the Land Acquisition (Amendment) Bill 2007 and Rehabilitation & Resettlement Bill 2007 is “again” scheduled to be taken up for discussion.

Very recently the farmers in Rewari, a descriptive town 65 Kms from Delhi NCR region erupted in revolt against a major DMIC (Delhi Mumbai Industrial Corridor) alignment passing through the multi-crop and one of the most fertile areas of Haryana. The contention, the state government despite promises to have an engaged discussion prior acquisition decided to send notices under Clause (4) of LA Act 1894 – with an intent to acquire under “preliminary notification” to all farmers within the alignment and immediately post the notification, decided to impose Clause (6) of the LA Act 1894 – a final declaration that land is required for public purpose. The process of “filing of objections” within scheduled 30 days of the preliminary notification was all but lost in coming to terms with the shock of the notice and the procedural aspects one needs to follow to lodge the objection with the concerned authority. The charge by the farmers, under the existing Act, the state Govt shall acquire land at prevailing notified circle rates, “develop” the land and sell it with a “premium” to the project developer pocketing profits.

 The objections were then decided to be filed over a pitched battle on Delhi – Jaipur, National Highway No. 8 and the Government immediately decided to agree for negotiations. Period.

 The trend of gobbling land parcels citing national interest as “public purpose” around the country has its roots in the “principle of eminent domain” a practice resulting in “compulsory purchase” / “compulsory resumption” which we has been enforced under the draconian shadow of “Land Acquisition Act 1894” adopted from colonial powers. This act was explicitly created to facilitate government acquisition of private land.

This act since then has been most vehemently opposed than any other, more specifically deployed with its brutality after the opening of the markets under the liberalization regime. The powers vested under this act with the government have been questioned repeatedly forcing absolute interpretations defining “public interest”. Under strictures from Hon Supreme Court and pressure from civic organizations, the principle act was amended by the government through Land Acquisition (Amendment) Bill 2007. The amendments include rights of those displaced by land acquisition limiting the definition to acquire land under public purpose. The bill is also supposed to establish Land Acquisition Compensation Disputes Settlement Authority (LACDSA) at State and National Levels to arbitrate any disputes. This to be read in conjunction with Rehabilitation and Resettlement Bill also introduced in 2007.

 A complete detailed analysis of the Land Acquisition Act (Amendment) Bill 2007 & Rehabilitation & Resettlement Bill (2007) could be found here by the author in a II part series in January, 2011

http://antyoday.blogspot.in/2011/01/crisis-in-our-backyard-jan-debo-jameen.html#!/2011/01/crisis-in-our-backyard-jan-debo-jameen.html

 Owing to these protests inside and outside of the Parliament, a standing committee under Ministry of Rural Development (Department of Land Resources) was formed under Smt. Sumitra Mahajan and its report was presented in Lok Sabha on 17^th May -2012. Some salient points which the committee deliberated were to inter alia recommend; 

a)      Deletion of provisions for acquiring land on behalf of Public Private Players and Private Companies by the authorities,

b)      Inclusion of definition of “Infrastructure Projects” under “public purpose” definition, which has hitherto provided to the state a sweeping discretion to acquire land citing “Infrastructure projects” and “consequent “urgency”  and deletion of Clause (3) (0) (5) in the LA (Amendment) Bill

c)       Shifting the onus of R&R as a state subject and allowing them to provide a provision for threshold,

d)      Not much change in 16 legislations exempted from the list including SEZ Act, NH Act, Railways Act et al

e)      Empowering Gram Sabha’s to be more inclusively involved in the process, and the most important of all;

f)       Suggesting replacing “minimum value” to “market value” and using different terms as in Clause (26) for initial estimation of market value and revised estimation of “market value” of the land.

This has been the contention ever since the LA (Amendment) Bill 2007 and R&R Bill 2007, to be read in conjunction, has been decided to be presented in the parliament. The farmers all across the country who have nothing but their land, given certainly a choice shall not succumb to subjective instances of “Public Purpose” to have their land acquired. However best now contest the rightful claim to compensation as “market value” to “minimum value” as earlier used to be decided “in the opinion of the Collector” under the 1894 Act.

 Ironically, this brings out a sensitive issue to fore. Farmers have all given hope to secure their land parcels, few have fought bravely and never conceded to the designs of the state machinery which has been severely bent to afford profitability to big land developers and corporate entities raking in profits unimaginable even to the farmer on the quantum of money which gets generated in the process. 

 The glib speaking, refer to these skirmishes as “anti development” activities comparing them with “naxali’s” when even the stark reality and differentiation is all but eluded to comprehend the situation of these distressed farmers. One uses this with a generalist temperament, actually with a social contempt, since each would like to look for suburbs to invest in a 2BHK property owing to the city rates going up, by fair and justified means depending solely upon one’s spending power and with a promises of no concern to worry, since a metro connectivity or expressways has been promised under the Master Plan linking it up in few years making it good investment opportunity with returns. None perhaps is aware of the sinister background.

This absence of  sensitivity prevails even for the pitch battles the “original” owners have to plough protecting, and now to reclaim through countless civil law suits waiting for judgments, fought sometimes over two generations to maintain the title of ownership of their lands, for some as the only means of livelihood.

Hence when it comes to “Public Purpose” it’s always the “Kisan” who needs to surrender for the largesse of the public good and never, ever this trip and theory of returns makes it back for him.

It’s quite surprising that the “aye’s have it, the “aye’s have it” on the floor of parliament goes up in less than 2 minutes when it comes to increase in compensation of our Hon’ble Members of Parliament – The “Lok Sevak’s” but when it comes to “Desh Sevaks” – the Kisans of the nation, it takes upwards of 5 years to lay bare the policy of compensation and rehabilitation for them to sustain themselves of the insult which is heaped with impunity citing national interests and Act and Clauses and repeated Public good.

Land is needed for development but “land” needs to be qualified, adequate safeguards needs to be defined, elaborate policies for rehabilitation and resettlement affording for long term sustenance or compensation should be outlined, the measures have to be decisively firm and addressal  of issues equally swift.

An Agri-surplus nation is now forced to face the severest drought this year, since the place from where this is being penned, used to be a multi-crop land, tilled by the farmer who on the developmental plank was forced to vacate for us to relish these “developmental” luxuries.

We used to play a small game on Janmashtami every year “ Hathi Ghoda Palki, Sub Dharti Gopal Ki”, perhaps some do even today but something which brings in cheer to countless of us, perhaps is a just sheer cry in desperation, frustration and abject disappointment and is a constant question looking squarely in our eyes on this conundrum..

“Hathi, Ghoda, Palki - yeh ab to hai bhaiya Sarkar Ki”

“Kya ab bhi hum kahen, yeh Sub Dharti hai Gopal Ki”..???

“Kabhi this that that - Kabhi that that this..”

By: Abhishek Joshi

Some catchy line sung by someone onscreen with whom I share the very common 1^st name but having worldly famous last name – Abhishek Bachchan in some flick released sometime ago. Crooning to his self glory, adding dash of his own stardom and tapping steering wheels when aired on FM, perhaps he leaves  the message much more sharply communicated on the state of this country & its nobler “civic” citizens, then the ever  verbose, articulate Karan Thapar’s or Arnab Goswami’s of the world attempt to do. A situation best described which has caught us unaware between the two horns of dilemma presented to us every day, which side of the battle do I pick to identify my own simpleton existence, bhai..??

Two horns or multiple bulls with two each stunted or sharp am not sure and this will be as confusing to me today as perhaps to someone who will be as brave to follow this till the end. From past 14 months or so the country has never been so active and in an agitation mode than perhaps could have been remembered by me. Off all the people I interact, the last they relate is to the period circa 1975-77 and are as stern or as agitated in their response as imagined. The only rebel reason for me personally is that I was born somewhere between and perhaps thankfully carry the gene of an event which forces me to sway my head whenever this philharmonic orchestra performs!

Citizens (more civic – than to be referred as people) are the “in thing” now. The issues of black money, corruption, money stashed abroad, string of scams, politico brouhaha, upcoming legislative fights, bills draft’s and their august committees, protest marches, candle light dinners replaced by candle light walk’s – rang the basanti factor, power to the youth, new revolution, 2^nd effort for freedom struggle, each district getting 110 Crores once money is back, No Confidence motion to topple the government, Save Democracy Front, Fight for reforms, Judicial activism, Convergence of social politico factors, National Human Rights Commissions, Anna Hazare Ji, Swami Ramdev Ji, Anna’s – Lokpal, Sibal’s – Lokpal (now completely Sibal’s Lokapal or whatever he might want to call him whilst he nurtures the kid to bravely fight corruption, once he grows up to be a super hero)...Power obsessed center, Opportune Opposition and more and more and more as issues – which we as citizens of this country need to understand, pick our sides, agitate, support and bring it up to its logical conclusion.

Issues are being propagated; support galvanized, protests and agitation’s planned with selective leaders emerging from these amorphous crowds yet with no direction and related understanding with the masses for which this all is being fought. The elite, educated are passionate – Twitter, Facebook, Mails – proving sides, debating, arguing, pestering but all sincere, trying to usher in the change which perhaps has been shy to visit us post Independence. But I beg to say, that by no means this seem to be touching the very chords of awareness as perhaps is wanted in this “change” and is not reflective to meet them in person even in their aspirations as the common Janata.

Aam admi..?? - No , well, quick witted female activist friends of mine do not acknowledge this term – is there an Aam aurat..?, they ask. This might be a gender slur, so Janata it is. I kneel.

So, the last person on the ladder to whom “pragati & vikas” has been served with regular doses of “ su-shashan” is all but ignorant about these collective efforts. For him it simply lies in promise and hope of a day better than lived. For few of us it changes the discussions in our living rooms, for him, it’s been all there, all the while, all the time and perhaps would never go away.

“Vyavastha Parivartan” (Alternative Governance or Alternative System) is not yet defined. Social dimensions stitched on the fabric of reforms, with Constitutional label & by the labour of political initiatives to be sold in the shop of democracy is what I have understood of this entire concept. Each of these dimensions is being worked by crusaders through the best of effort and merit. The only missing link is the “loom” on which this needs to be produced.

Kisan, Mazdoor, Migrant Labours (whom Swami Sahajanand Saraswati called as “Khet- Mazdoors) are all busy trying to fight for their own space accommodating themselves to the system than perhaps buried in having an intellectual intercourse on main media panels, select reforms committee which is busy defining the policies which effect them or affect them with developmental change for a bright future myopic eyed ‘ala” civic society members.

With upwards of 60% of the constituents belonging to this section – none has representation in this glamorized voice of dissent. None so far has seen their participation in any policy discussion, none represents them actually despite the tall claims with altruistic gusto, none chides with them, and none believes that they have a voice of reasoning and demands too. Since they are oblivious of these developments they are assumed in this formation, after all it’s a fight to finish for them – “Can we even do it without your (Janata’s) support”…??

This is an assumption which will cost us as a nation very dearly.  All they are seen as crowds. Prop up their imagination, get them connected to an emotional appeal, make them worthy of a big cause – never mind if one’s own understanding remains as shallow, curse, replace and bring an upheaval. Far as basic fundamental obligations are concerned – Oh that’s for the government, give us our rights or give it to our way. Fight for equitable harmony and leave the “cause and conflict” for others.

Hopeless, perhaps not. Message, absolutely yes.

The agitative rebellion of the masses is closer than we think, as on our side mirrors. Its more louder than the deafness its fights and its simmering, coming to a boil sometime in not so distant future and this voice will pick and choose its leader, the actors who benefit them the most, the players who would indeed turn the annals of history and repeat a success of what this country needs and it shall hunt, fend and secure as its own.

Repeat of 1975 ~ 77..? My assessment - Clearly No - It’s the Nationalist Renaissance of 1907 ~1910, which shall come to the fore claiming with its strong arms in time the just as its own, finding its own “Lal, Bal & Pal”.

 “..and…...perhaps the last line of the song is more befitting tribute to those who intend to continually play and believe in these “shouting cacophony of causes” by Shri Abhishek Bachchan..

 “ apki seva main, janhit main jaari”.

Tittle Credit Acknowledgement : Movie - Dum Maro Dum

Bangladeshi Infiltration & “Ahomiya” Issues

By: Abhishek Joshi :

(Full text of the speech made by the author on Assam Hindu’s and Bangladeshi Infiltration Issue at Jantar Mantar, New Delhi on 29^th July)

The Prime Minister post his visit to Assam recently mentioned the ethnic riots as a blot on the nation. One is severely compelled to ask him on what made him make this statement passing on the buck of his personal follies and that of his Congress party which has ruled successively  both in Center and the State since decades, on this ethnic incident in Assam. Why should I as a citizen or the commoner across the country, carry the albatross round his neck on behalf of the Congress and the PM..?

Is it not true that despite the Intelligence Inputs the State machinery veiled this threat, did sheer nothing since the alleged minority community and the vote bank equations, which has seen the Congress in power almost unchallenged since 1971 in Assam would disturb the precarious equilibrium. Is it not true that what we have witnessed in this country since past a week is a direct derivative of the policy of appeasement perpetually encouraging to make hay while the sun shines, gaping wide on the favoring policies towards the minorities. Is it not true that it was the Congress government which lead to the formation of laws which benefitted the illegal migration in hordes since 1971 and further was a begetter as a trade off of vote bank politics to sustain many a political careers, including of our PM having nominated from Assam into Rajya Sabha. Is it also not true that any country with the nature of this incident would have declared this as a national calamity with an estimated 400,000 people forced to live in in-human conditions in relief camps where there were no attempts for statement on this issue coming forth from either the newly elect President, PM himself, Home Minister P.Chidambram, State Chief Minister and most importantly from the ever elusive on national issues and cleverly opportunist, Chairperson of UPA, Smt. Sonia Gandhi.

Well, it’s Congress and when they do chose to speak, it’s a blot for everyone, least of theirs to share.

One needs to look back upon history to fully comprehend the reasons why this simmering situation since decades unfolded itself. Following from the policy of “Lebensraum” of Nazi’s, “Brihad Bangaldesh” it has always been a dream of the Islamic fundamentalists which consider all areas of Assam, Tripura, West Bengal and few areas in Bihar as their natural territory. This policy was aggressively deployed post 1971 creation of Bangladesh resulting in encouraging to “push” the Bangladeshi’s into Indian territory. This they expected gradually over time would alter the demographic profile of the state resulting in making it easier for any future dismemberment of the region, merging into Bangladesh when adequate “majority” would have reached. Pakistan is and always has been more than willing to fund these activities.

The second, straw aiding this illegal migrant population was post the Assam accord signed by Rajiv Gandhi in 1983 through the (IMDT) Illegal Migration (Detection by Tribunals) Act 1983. The IMDT act was a “special provision” extended only to the state of Assam to allegedly contain the illegal migration. We have witnessed the state of comparable affairs under Article 370 for J&K, again under special provisions. The rest of country was to follow Foreigners Act 1946 but not Assam. The act mandated that the “Onus Probandi” (Onus of Proof) was on the complainant should he finds an illegal Bangladeshi and had to make efforts to register complaint by paying a fee of 25 Rs to the nearest tribunal set for this purpose. The Foreigners Act 1946 mandates the opposite where the “Onus” was on the identified alien for him to prove that he is a domiciled resident and should he be not, to be deported back to his native country by the agencies by 1^st available mode. This clever maneuvering of laws favored Illegal Bangladeshi’s since the complainant had to collect all the details of illegality, wait for the tribunal proceedings and on the calling day all simply the Illegal immigrant had to do was to produce the ration card and go scot free under IMDT act.

This laid the foundation of abetting the Illegal Bangladeshi Migration ever since so much as impacting the demographic profile of the State of Assam. The impact is thus from 7% of minority community in districts bordering Bangladesh in 1983, the numbers have exponentially increased to 33% in 2000, resulting in an absolute change in the entire state population census. From 7 districts in 70’s, the minority communities of Bangladeshi Illegal Immigrants are comparatively now decisive in more than 40 Vidhan sabha Constituencies, from a total of 126 and in absolute majority in estimated 27 of them. Under the IMDT act 310,760 cases were identified, 10,761 made it to the tribunal and 1,481 were deported from Assam in comparison to W.Bengal which deported 470,000 illegal immigrants since 1983 to 2000 under the Foreigners Act 1946.

This act was challenged in 2005 and in one of the historic judgments delivered by a Hon’ble Supreme Court  bench of Justice Lahoti, Mathur and Balasubramaniyan, quashed the IMDT act as “ultra vires” and hence unconstitutional. The bench came down heavily on the central government on the issue of Bangladeshi migrants and in strong words rebuked the Central Government for failing to contain the issue.

This followed further in another judgment of Guwahati High Court as recent as 2008, where a Pakistani national was found illegally in Assam, conveniently also contested the 1996 State assembly elections and was detained claiming to be an Indian citizen with forged documents. The High Court again came more heavily on the then Congress government mentioning that “these illegal immigrants have come to alter the demographic profile of the state impacting its culture, language and script, seemingly turning now to be the “kingmakers” exploiting our flawed system. Sri Prakash Jaiswal on floor of Rajya Sabha in July 2004 – UPA I had made a statement that as per last collected census there were 1.26 Crores Illegal Bangladeshi living in 17 States and UT’s in the country, the count until December 2000. Under pressure from Minority vote bank clusters in Assam, none other than the Prime Minister himself, dismissed these numbers as mere hear say..!

The menace has over grown into the system ever since. By even a paperback envelope calculation there are roughly around 5 Crores Illegal Bangladeshi living in our country now penetrated almost equally in all states and UT’s. A Congress followed policy which has seen the ethnic Ahomiya Bodo community struggling to survive for its limited sustenance of land, natural resources, habitat, culture, script and its nationalistic temperament confronting the Illegal Bangaldeshi’s.

Just two days back the Cabinet also cleared the Land Border Agreement Proposal in its meeting. The LBA dubbed as a bilateral achievement to appease Bangladesh agrees to settle the border disputes over flexing boundaries by agreeing to a “status quo”, evidentially to accept “officially” the change in ghetto’s of these illegal migrants bringing them into our country and strategically acceding request of all claims of Bangladesh. Effort is now to seek support of all opposition parties; especially BJP to ensure this provision is embedded into the same act through a constitutional amendment.

Mere symbolic protest perhaps would not let heed the government to dissuade itself from its sinister designs of aiding and abetting the influx of illegal migrants, a practice which it has continued with impunity since forever and certainly more needs to be done to ensure the present government is answerable to the nation for its follies. The need of the hour is to open up dialogues with all nationalistic organizations across the country, especially in Assam working on this issue, bring up the public awareness on the menace of Illegal Bangladeshi migrants pillaging our resources, infrastructure, employments and most importantly our ethnic identity as a nation and build up a movement with firm focus to not to have repeat of these incidents for future, more ever than now proactively.

If not, let’s not complain and heartily share the “blot” of this ghastly incident of ethnic cleansing as a citizen of this country, offered so very graciously by our very own Hon’ble Prime Minister.

Arguendo Series : “No more Swiss Chocolates”

By Abhishek Joshi :

"The existing DTAA signed between Swiss and Indian authorities is a farce and non committal to get the Illicit wealth back, specially in light of recent Credit Suisse verdict argues the author, Abhishek Joshi. Read on...

Great Swiss man, Henry Dunant and his own founded, now epitomized International Red Cross also could not potentially come to the rescue of Uncle Sam following homeland policies in International court room when it was made to skip its own heart beat.

The snub was an outcome of a recent federal administrative court verdict on 12th April 2012, filed on back of an appeal by Credit Suisse client citing that a 1996 Tax treaty between United States and Switzerland does not allow the US Internal Revenue Services (IRS) to request the account details of potential tax evaders without clear evidence of fraudulent intent. Drawing exhaustively on a distinction between “Tax Fraud” and “Tax Evasion”, the federal court turned back the argument of appellant on its head mentioning, “Having failed to declare Swiss bank account does not provide sufficient ground to receive the data from Swiss Tax Administration”. The court further added to the criticism in the judgment that the premise of the request factored subjectivity of mere suspicion and were not based on specific evidence and failure to bring them on record with names of suspected and potential evaders identified by IRS, also donot qualify for any administrative assistance to be granted regardless of the high amount involved.

The brunt has been severe for US since it has paid heavily for not having yetratified the DTA agreement of 2009 with Swiss Federal tax authorities which is pending passage in the senate. The new amendment with its in built provisions would have minimum allowed to circumvent the  provisions of conduct and fraud as long as alternative form of identification would have been supplied, negating the need of specific names or personal details under the new DTA Convention between United States and Swiss Authorities. The DTA convention hinges on Swiss authorities having clearly differentiated between Tax Fraud –which is Illegal to Tax Evasion – which is not, under Swiss Tax laws.

Eleven Swiss banks including Credit Suisse, UBS and Julius Baer have been under investigation by United States‘s IRS and Federal agencies. US had some initial success in arm twisting UBS AG in 2009, when to avoid prosecution, it admitted that it had fostered solicited assistance to its customers for tax evasion and paid a hefty penalty of USD 780 Mn and also released information of more than 250 accounts. The second tranche of more than 4,500 American account holders were also released subsequently to US- IRS and other agencies.

The deal between UBS and IRS agencies was later suspended by Swiss Federal court in a separate judgment in 2009 which through indicted the “conduct” of UBS employees (similar to the “subjectivity of Credit Suisse employees of suspected behavior pattern amounting to tax fraud and the like, but not extended to the client”) soliciting tax evasion as a generic practice was short challenged over the “banking secrecy laws” under Swiss Federal Laws, which forced the Swiss government to approach the parliament passing an assistance to request motion in February 2010 to avoid any future legal wrangles with US on concomitant deals. This resulted in acceding to request of United States IRS’s agencies to approach Swiss Banks requesting information on suspected tax evasion cases.

The Credit Suisse client had appealed this decision of Bern, which has no further admissibility beyond Federal Administrative Court or could be challenged in Swiss Supreme Court. The inconsistency of “Principle of proportionality” laid the final closure on assistance since under Swiss laws, where a client data may be handed over as part of an administrative assistance procedure at Federal level and not directly by the bank. The present ruling is also critical of Swiss Federal Council who had cleared the request motion in parliament supporting United States requests.

The judgment though part of integral political situations between United States and Swiss Federal Council could perhaps succumb to the sustained pressure being built up by US in subsequent release of names in coming few months however the Indian story needs to be more than sufficiently bolstered in light of the recent federal court judgment. The new “amended” bilateral Double Taxation Avoidance Agreement (DTAA), tax treaty signed between Swiss and Indian authorities on October 7th 2010 does not even inch close to what the “amendment”, brandished as an achievement by ruling incumbent government was set to achieve. In comparison to the US treaty which has been steam rolled into Swiss case laws accepting prior information, under“retrospective basis” subjecting to certain clauses, the Indian tax treaty limitsitself to “prospective applicability” beginning January 2011. This takes away the “fraudulent intent” which otherwise would have offered scope to restitute illicit wealth and further applicability of domiciled criminal laws of both countries.

The newly “amended” DTAA agreement, signed originally in 1994 by India though having the reciprocity of information embedded in the treaty even earlier, a careful scrutiny brings out the “amended merits” through the new inclusions.Specific of interest is Article 26 – Exchange of Information. Article 26 continues to leverage the initial understanding between both countries for exchange of information, however the amended increases the scope subjectivity“through liberal means”. The information so sought however is “assumed” to be an extensions of enforcement of Indian tax laws, which anyways only defines“tax evasion” as a criminal offence partly under Section 276(c), Income Tax Act (1961) which further has its eminence from old revenue principle of aggregated revenue deemed to be due, and its failure to be paid if demanded on notification.

The “Protocol”of Exchange of Information Article 26 Section (10) (a)(b)(c)(d)(e)(f) speaks “liberally”about the measures to be undertaken. Among the few provisions, “The requesting state should have exhausted all options under domestic laws prior making to obtain request for information including not making it binding to commit on contracting state to exchange information on an automatic or spontaneous basis”.

The enforcement limits only to cases of “tax evasion” which is not a criminal offence in Switzerland, and can best compel the Swiss authorities to obtain information, legally permissible as per local case laws regardless held by a financial institution, a bank or in fiduciary capacity. The treaty further shall have to meet the inherent “Principle of proportionality” and Federal banking case laws of Switzerland, differentiating between Tax Fraud and Evasion and will need to clearly document underlying request with complete details of information available, evidence on record of evasion (not fraud – that’s not even touched) and most importantly identifying the name of the person under investigation by Indian authorities under the Protocol provisions. Rhetoric’s around amended, liberal, new DTAA, bilateral strengthening of relationship between countries notwithstanding.

No wonder that the Federal Council which had rushed with the US requests to have a passage inserted into a state motion and continues to bilaterally remain engaged with US authorities, Indian Swiss treaty was quickly ratified by Swiss parliament, post mandatory 100 days waiting period in 2011.

This one non negotiated clause has let the evaders go scot free on all previous cases of criminal and fraudulent misconduct, bearing the fact that even “prospective applicability” erodes the nearer chances of seeking any information from Swiss authorities, prior pre assured for present or for future. The treaty continues to rest in peace on papers with our own illicit bulge remains tied to our waist forever. Never mind the temptation, someonejust told us, sternly “no more Swiss chocolates”.