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Home | Excerpts, from Switzerland Government Website | Excerpts collected from Private Websites Working on Switzerland banking system | ANOTHER PROGRAM FOR FAST-UNTO-DEATH | Representation 18-05-05 | Representation Dated 9th May 2005 | sp

Welcome!

First of all I congratulate the Members from Doctor Fraternity from AIIMS, New Delhi for their winning of two year’s long battle against egoistic based interference from political system, in the Supreme Court. I hope that they will not stop their activities, which they now can turn towarss other matters concerned to larger public interests.

  

Corruption in India is developed like a disease of cancer in our blood. If we Indian working in any section of life, would not take it seriously with honesty, it can not be left for any treatment and time will come that it will reach at its last stage.

 

No one can deny that huge black money from India is transferred, and still going to be transferred to Switzerland. In or around 1980, I exposed one illegal transfer of Money from India to Switzerland by one Important Monopoly Houses. Matter was published in the Economic Times. The then Industry Minister Mr. T. A. Pai, assured Parliament for Enquiry which never happened. One Senior Most Officer of the Company was sacked under consideration of doubts that he might have leaked related Information to me, which was only within the knowledge of the three persons from the Company. Reportedly, it was decided by that Monopoly House that either, I may compromise with them, otherwise I should be eliminated. I conveyed my report to Smt. Indira Gandhi, the then Prime Minister of India, during my one of the meeting in Kolkata, with her. She without mentioning name of the Monopoly House mentioned the aforesaid threat in a Public Meeting and indirectly warned Monopoly House. However, since thereafter, for the reasons best known to the management of Times of India Group of Newspapers, publication of my news/articles were restricted from publication in any of the Group Newspaper.

 

In 2005, I have raised strong voice against Indian Black Money deposited in “Swiss Banking System.” I sent several representations to Mr. Kofi Annan, the Secretary General of United Nations Organisations, and Parliamentarians of Swiss Parliament and other several Countries, through Email, besides large Number other World Leaders, with my own study. My related activities are mentioned in a Website: http: http://milapchoraria.tripod.com/swiss

 

During the said movement I came to know that because of its Banking System based on complete secrecy, till 2002, Switzerland not became Member of UNO. But, under strong pressure from European Countries, Switzerland compelled to change its Banking Working System (in conformity with its Constitutional Provision, which allowed it to maintain such secrecy based Banking System), make the law for Banks to “Know Your Client”. According to present Website of the Government of Switzerland:

 “No anonymous accounts exist in Switzerland. The bank is obliged to know the identity of the account holder, and of the actual financial beneficiary if applicable.”

(Though it indicates, that system of numbered account without giving any identity to Banks is now not functional in the Swiss Banking System. But still they maintaining secrecy based Banking System).

According to me, in 2005, the Swiss Banking System, based on privacy in respect of foreign depositors is a serious threat to the basic object of the Universal Declaration of Human Rights proclaimed by United Nations Organisation causing severe impacts upon masses of respective countries, causing damages to overall progress developments, political and civil rights, as the important part of money coming in it belongs to corrupt politicians and bureaucrats, terrorists, organised criminals, and unscrupulous businessmen, from developing, underdeveloped and also from few developed countries. As per a rough estimates, world’s leader, invested about $3,500 Billion in foreign asset management and about $1,500 Billions in insurance sector, of Swiss Banking System. Out of which more than $2200 Billion are from known foreign clients and more than $1000 Billions from unclaimed assets. Volume of Amount is so high, that if it transferred to respective countries, economical standards of people would be improved substantially. Under the Swiss Constitution Government or Parliament, without people’s approval, cannot remove Banking Privacy of foreign depositors. In February 2005 Swiss Banking Association conducted a Poll Survey in which 78% Swiss People cast their Vote against change in such laws, even whatever pressure exerts by the World Community. In consideration of Swiss people’s opinion, only option is left, before world community, United Nations Organisation should pass a RESOLUTION to protect Human Rights of masses from the entire world, directing its all member States to break their all types of relationship with Switzerland, till Swiss People do not approve changes in Banking Privacy Laws.

Considering all these developments, on 9th August, 2007, I submitted application addressed to Prime Minister’s Office, that through application dated 15th May, 2007, I wanted to know whether Prime Minister’s Office ever tried to know the volume of money transferred and deposited by Indian Politicians or other Indians or Non-resident Indians in different Banks of Switzerland to protect their black money earned through wrong ways, taking advantage of Switzerland Banking Secrecy Laws, and under RTI Act, wanted to know that “If yes, kindly intimate the volume of such money and action if any have been taken to retrieve such money from Switzerland to strengthen Indian Economy?”. But, till date such information is not supplied by the Prime Minister’s Office, which suggesting that application might not have been reached there. Therefore, once again I am submitting a fresh application to know the “volume of Indian money deposited in Switzerland’s Banks as per rough estimates of the Government of India and what action have been taken to retrieve such money from Switzerland to strengthen Indian Economy?”. And also submitted another application contending therein that “It is assumption of Indian people that large amount of money is transferred through Hawala by corrupt politicians, bureaucrats and mafia-criminals in Banks of Switzerland taking advantage of maintenance of secrecy of Bank Accounts under Law of Switzerland. Now, about two years ago United Nations Convention Against Corruption (UNCAC), gave a chance to retrieve such money from Switzerland, provided India make appropriate law to that affect to recover such stolen Indian Money and prevent them to retain such money any further. But, till date India not ratified such Convention, wanted to know that what are the reason and hurdles in rectification of such Convention?” I received responses from Prime Minister’s Office about aforesaid 1st Application vide Memo Letter No. RTI/305/2007-PMA dated 14th September, 2007 that “no such information as sought by you is available in this Office.” And in respect to another application, I received reply from the Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training vide Memo Letter No. 142/19/2007-AVD.I dated 7th September, 2007 that “The Ministries/Departments, concerned with the subject have been requested for taking necessary action for initiating the pocess of enacting requisite enabling legislation pertaining to respective Ministry/Department, as may be required. On the basis of comments received from various Ministries/Departments, an inter-minsterial Joint Working Group has been constituted so that all relevant issues for making our laws in conformity with the Union (United) Nations convention against Corruption are addressed in a comprehensive manner before ratification of the Convention.   

 

UNDP Described formula of Causes of Corruption:

Robert Klitgaard, a leading expert in this field, devised a simple equation, which identifies the causes of corruption: monopoly control of public officials wielding discretionary powers in the absence of accountability systems:

C (Corruption) = M (Monopoly) + D (Discretion) – A (Accountability)

The UNDP Source Book on Accountability, Transparency and Integrity (forthcoming/draftavailable at (http://intra.undp.org/b dp/anticorruption/sourcebook_ati.htm) also takes into account other dimensions (Integrity and Transparency), which are also important to balance Monopoly and Discretion. The UNDP Sourcebook proposes the following formula:

Corruption = (Monopoly + Discretion) – (Accountability + Integrity + Transparency)

This suggests that the absence of ATI (primary as a consequence of weak governance) in addition to Monopoly and Discretion results in corruption. Hence corruption is principally a failure of governance.

 

With Best Regards

 

Milap Choraria

Dated 22nd June 2005

Subject : POSTPONEMENT OF MY FAST FROM 1st July 2005 AT OUTSIDE SWISS EMBASSY.

 

Dear Brothers,

 

This is with reference to my program for INDEFINITE FAST out side Switzerland, on and from 1st July, 2005 I am to inform you that, now I am fully convinced that, without the approval from the people through Referendum, neither Swiss Government nor Swiss Parliament can change requisite laws: Banking Clients Confidentiality Law protecting illegal money remitted by Corrupt Politicians, Bureaucrats, unscrupulous Businessmen organised Mafia from other countries. In or around February 2005 Swiss Banking Association conducted a survey throughout Switzerland, in which people says that whatever International Pressure exerts, Switzerland would not change such laws. Therefore, my demand from Swiss Government cannot produce any result.

 

However, this is crystal clear that till economic sanctions would not imposed by the United Nations Organisation (UNO), through its Security Council, against Switzerland, people of Switzerland would not approve changes in Banking Clients Confidentiality Law, which are rigorously causing severe direct and / or indirect impacts against Human Rights of the people of the Countries from such money is remitted, in violation of Vienna Declaration and Program of Action, adopted by the World Conference on Human Rights in Vienna on 25 June 1993, resolution 217 A (III) of 10 December 1948 United Nations adopted and proclaimed the Universal Declaration of Human Rights, resolution 2200A (XXI) of 16 December 1966 entry into force 23 March 1976, in accordance with Article 9 International Covenant on Civil and Political Rights, resolution 2542 (XXIV) of 11 December 1969 The General Assembly, Mindful of the pledge of Members of the United Nations Declaration on Social Progress and Development, resolution 39/11 of 12 November 1984 Declaration on the Right of Peoples to Peace and security, resolution 41/128 of 4 December 1986 Declaration on the Right to Development, resolution 2200A (XXI) of 16 December 1966 International Covenant on Economic, Social and Cultural Rights entry into force 3 January 1976, in accordance with article 27, resolution 55/2 of 8 September 2000 United Nations Millennium Declaration all Proclaimed by General Assembly of United Nations Organisations. 

 

One renowned VVIP reported me that Swiss Government supplied original Bank documents relates to payments made by Bofors, to Indian Embassy in Switzerland, with a condition to return them back. However, CBI or Indian Embassy in Switzerland, under some arrangement or otherwise failed or neglected to obtained certified copy of the same. Though Bank stamped the photocopy of the same, but which were not considered by the Bofors Court as appropriate evidences and Judgment goes in favour of Hindujas.  We will take decision in the matter further action after steps from the Government.

  

Therefore, in consideration of all such information, and circumstances, I have decided to postpone my program to sit for INDEFINITE FAST at outside Swiss Embassy and to shift its venue at UNITED NATIONS INFORMATION CENTRE at Lodi Estate New Delhi 110 003 (India). But, we should present a comprehensive representation to His Excellency Mr. Kofi A. Annan, Secretary-General of UNO demanding examinations of the impacts of such laws against declared Human Rights, and to impose economical sanctions against Switzerland, giving appropriate time to His Excellency, to consider our representation. Therefore, fresh date for sitting on INDEFINITE FAST would be decided, after submission of such representation and seeing the result thereof, which I would convey you, in advance.  

 

With Best Regards,

Yours truly,

(MILAP  CHORARIA) 

To know about fresh Online petition kindly contact:

milap_choraria@yahoo.com

Swiss banker's professional duty of client confidentiality is rooted in Article 47 of the Federal Law on Banks and Savings Banks, which came into force on 8 November 1934.

UNO THROUGH SECURITY COUNCIL SHOULD IMPOSE ECONOMICAL SANCTIONS AGAINST SWITZERLAND.

Representation to Mr. Paul Wolfowitz Esq., President, World Bank

Detail facts relating to two of my earlier Fasts and results thereof.

My Notice to Fast unto Death outside Parliament House was withdrawn when the then Prime Minister Smt. Indira Gandhi assured to looked into the matter and she acted accordingly.

Another Program for Another FAST UNTO DEATH demanding enactment of Law for Establishment of LOKPAL Institution to investigate Corruption in High Offices

Who is responsible for trying to Protect Corrupts in Bofors Bribery case?

02-06-05 Swiss Authority Withholds necessary Documents in Bofors Bribery Case to Protect Corrupts. During my Indefinite Fast If I suffers Death, Swiss Government will fully responsible for it.

30-05-05 Representation to Swiss Government

28-05-05 Reprsentations Swiss Government and European Union, World Bank, IMF

22-05-05 Black-Money deposited by corrupt Politicians, Bureaucrats and Terrorists in the Financial Sector of Switzerland

18-05-05 Representation to Swiss Government, informing for program to sit for INDEFINITE FAST on or from 1st July 2005.

12-05-05 Representation to Swiss President in response to fresh response from Swiss Embassy in India

09-05-05 Representation to His Excellency President of Switzerland

Response from Swiss Embassy which does not fulfill our object to expose corrupts

MILAP  CHORARIA 

Convenor : Movement for Accountability to Public (MAP)  :

http://groups.yahoo.com/group/MAP_INDIA

Columnist : For Several DAILY Newspapers in India

Author: A MODEL OF NEW CONSTITUTION FOR INDIA

B-5/52, Sector-7, Rohini,                                                                         

New Delhi-110 085     Email: Milap_choraria@yahoo.com         Dated 29th April 2005

To,

His Excellency President of Federal Republic of Switzerland,

Through,

Swiss Ambassador to India,

Nyaya Marg,

Chanakyapuri,

New Delhi - 110 021          Fax Nos.: (+91 11) 26873093 / 26112220

 Vertretung@ndh.rep.admin.ch

His Excellency Sir,

Switzerland in its Website admitting India as one of the world's largest country in South Asia common with Switzerland as a small country situated in the heart of Europe. It further admitting that strong relationship between Switzerland and India has been continually strengthened by Indian and Swiss dignitaries who believed in the potential of sharing ideas and concrete projects together and first ever friendship treaty signed by Independent India was with Switzerland, signed by India's first Prime Minister Jawaharlal Nehru on 14th August 1948.

His Excellency will agree that any Law prevailing in any country protecting criminals or money earned in other country through illegal means is bound to damage friendships between two countries and bound to effect prosperity and progress of victim country and resulting thereby dooming the prosperity and progress individual too at cost of the basic Objects, Purposes and Principles enshrined in Charter of the United Nations Organisations (UNO).

His Excellency may agree that under the aforesaid Charter, Treaties, Covenant etc., no Law should prevail in any country permitting individuals to secure his/her black money earned or secured by illegal means; in one country and transferred to another country to secure it. However, in India mass population is believing that under the Law prevailed in Switzerland, huge amount of the black money, belongs to corrupt politicians, bureaucrats and most unscrupulous businessmen from India, mostly earned through illegal means and corrupt practices by misusing the Powers and abusing the authority, approximately more than US$400 Billions, has been deposited in the Banks of Switzerland, or routed in other countries from such Banks. In or about 1980, I have raised and one important National Newspaper “The Economic Times” published one issue relates to illegal transfer of money to Switzerland by one Monopoly House, and thereafter, the then Industry Minister Late Mr. T. A. Pai ordered for enquiry, which was never held. Photocopy of the said News cutting is enclosed/attached.

His Excellency will further agree that progress and prosperity of the Switzerland in no way should be dependant upon illegal money deposited by corrupt politicians, bureaucrats and unscrupulous businessmen from India. His Excellency may also agree that doubts should be removed from the mind of the mass population of India that under such Laws, and Money deposited in the Swiss Banks by Indians, progress and prosperity of the Switzerland is causing severe impacts and cost upon the progress and prosperity of India and Indians in violations of the rights referred to under such declarations, treaties, Charter of UNO.

Therefore, in pursuit of the Purposes stated in Article 1 and in accordance with the Objects and Principles enshrined in Article 2 both under Chapter I of “Charter of the United Nations signed on 26 June 1945, and came into force on 24 October 1945” and “International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, both of which are legally binding treaties upon the UNO Members as International Bill of Rights”  Switzerland should change its respective Laws.  This matter should have been initiated by the Government of India, but for the reasons not known, Government of India completely failed or ignored, to take up the matter with the Switzerland Government.

Therefore, in view of such circumstances, I hereby humbly demand that Government of Switzerland in principle should accept for appropriate amendments in its Laws to ensure disclosures of following information to the people of India relating to the “Money Transferred from India and deposited in or withdrawn from the Swiss Banks with the Names of Indians, Non-Resident Indians or others, date of opening of Accounts, volume of Money etc. etc.”. Such Information should be made available starting from 14th August 1948: the date of friendship treaty signed between India and Switzerland, and should be available by the Switzerland Banks through Switzerland Ambassador in India or through Internet with the following details:-

1:         Account Nos. in which money comes from India;

2:         Account Nos. in which money comes from India, but transferred to any other country;

3:         Account Nos. in which money comes from India in violation of the respective Indian Laws, respective Rules and Guidelines of the Reserve Bank of India; and

4:         Account Nos. in which money comes from India in violation of the respective Indian Laws, respective Rules and Guidelines of the Reserve Bank of India, but subsequently transferred to any other country.

In response to this demand Letter, Switzerland Government should spell out time frame within which it will make such information available to public of India.

Therefore my this Humble submissions His Excellency should be noted that in case within one month’s time, if Federal Republican Government of Switzerland does not accept our such demands in principles, I shall have no other alternative but to fix a date and after conveying the same to Ambassador of Switzerland in India I will start on such fixed date “Fast till Demands Met” outside Switzerland Embassy in New Delhi (India), with the persons who will also sit with me for “Fast till Demands Met” and Organisations supporting our demand.

With Respects,

Yours truly,

(MILAP CHORARIA)

Copy to 1.          Hon’ble Prime Minister of India Shri Man Mohan Singh;

2.         Hon’ble Minister for Foreign Affairs Shri Natwar Singh Ji;

3.         Shri Lal Krishna Advani, Leader of Opposition in Loksabha;

4,         Shri Jaswant Singh Ji, Leader of Opposition in the Rajya Sabha.

Copy to 1.          Home Secretary, Government of India; and

2.         The Commissioner of Police, Delhi.

Copy to His Excellency Mr. Kofi A. Annan, Secretary-General of United Nations Organisations, through its Department of Economic and Social Affairs.

milap.jpg

 

TRUE COPY OF NEWS PUBLIDHRF IN THE ECONOMIC TIMES:-

“Shareholders’ rights

FROM OUR INDUSTRIAL CORRESPONDENT

PUNE, March 7.

The recent exhortations of the ‘Union Minister of State for finance and the Union Law Minister upon the shareholders of public limited companies to keep a watch on practices of the management for the implementation of the Prime Minister’s 20 point program, seem to have brought the rights of shareholders to get replies to their queries into a subject of debate.

       The present economic crisis has apparently made a section of shareholders shaky and inquisitive about the modus operandi of the management of the companies especially of those whose prospects look bleak. Since many shareholders are also engaged with the use of raw materials produced by the companies whose share they may be holding, the prevailing constraints in the economy have forced them to seek an insight of the company management. But the management side is still to get used to satisfying the enquiries of the shareholders despite the fact that the number of such enquiries is ment. As a result the rights of a general meeting of the company have been challenged by one of the big houses controlling aluminium companies.

       The enquiring shareholder had to be told by the company’s solicitors (the second man of the solicitor firm is also a director of the aluminium company) that the company ‘cannot enter into correspondence with individual shareholders and if you have any questions to ask regarding the affairs and management of our clients you may do so at the company in your capacity as a member of the company in much the same way as any other member”.

       The company’s reply was, however, provoked by the nature of the enquiries the shareholder made. They related in the first instance, to special facilities given to certain firms formed with the near relatives and friends of the directors, special adviser and top executive of the company disregarding cost factors in buying materials and normal commission factors in selling goods with or without the resolutions of the board of directors.

       Secondly the shareholder wanted to know whether purchases from International General Electric co., USA by the company’s subsidiary Thermal power generating company had been made with uncalled for commission paid to firm in Switzerland where both the controlling house of the aluminium company and the US company had some business interest.

       The third query referred to the commission paid to the same Indo-American firm of Switzerland against purchases made from the rupee payment countries and whether the commission, so paid were in rupee or in foreign currency.

       The fourth query relates to transactions with a dozen firms all over the country at terms which raised the doubt of special facilities given at the cost of economic discipline of the aluminium company.

       The last two questions were in respect of the sale of dross, accounting for substantial reduction in the profitability of the company seen in the context of the market price for dross obtaining in the past five years and the mode of buying caustic soda from a manufacturing company owned by the same big house controlling the aluminium company.

                In the process the positive role of the shareholders on which the government relies in respect of putting checks on indiscipline from within the companies may be negative.”

Milap Choraria in a meeting with Finanace Minister
manmohansingh.jpg
Dr. Man Mohan Singh

TRUTH SHALL PREVAILS