Thursday, January 8, 2009

Govt introduces National Investigation Agency bill in Lok Sabha

December 16th, 2008 - 7:51 pm ICT by ANI

New Delhi, Dec 16 (ANI): The Government today introduced a Bill in Lok Sabha to formally set up a National Investigation Agency (NIA) and another legislation to strengthen laws against terror.

Introducing the Bill, Union Home Minister, P Chidambaram said there is need for setting up an agency at the Central level to investigate offences related to terrorism and certain other acts, which have national ramifications.

“The proposed legislation provides for security of state-friendly nations with foreign states and offences under laws enacted to implement international treaties, agreements, conventions and resolutions of United Nations and other international organisations,” he added.

He further said the Bills have been brought forward as the country has been the victim of large-scale terrorism sponsored from across the border.”


The Unlawful Activities (Prevention) Amendment Bill aims at strengthening the arrangements for speedy investigation, prosecution and trial of cases related terrorism.

The Bill provides for the setting up an agency at the Central level with powers to probe terrorism and other crimes having national ramifications across the country.

On Monday, the Union Cabinet approved a proposal to set up the NIA. The Cabinet also approved a proposal to amend the Central Industrial Security Forces (CISF) Act to make it more effective in dealing with modern day challenges. (ANI)

Satyam chief Raju in Hyderabad: Lawyer 8 Jan 2009, 1553 hrs IST, TIMESOFINDIA.COM

HYDERABAD: Beleaguered former Satyam Computer founder-chairman B Ramalinga Raju is in this city and has no intention to avoid the process of law,

his lawyer S. Bharat Kumar claimed on Thursday.

“My client B. Ramalinga Raju is very much available in Hyderabad. He denies reports appearing in a section of media that he is absconding or has fled from the country,” Kumar said in a statement.

Kumar said Raju engaged his services to represent him in the legal matters pertaining to his statement to the Satyam board on Wednesday. ( Watch )

Earlier in the day, market regulator Securities and Exchange Board of India (SEBI), which has ordered a probe into the Satyam scam, on Thursday swung into action despatching its investigation team to Hyderabad, PTI reported.

The committee, headed by Sebi's southern region general manager A Sunil Kumar, has reached Hyderabad and will start the investigation soon, a senior official said.

Sebi formed the special team following the confession by the IT-major's disgraced ex-chairman B Ramalinga Raju on Wednesday admitting gross manipulations in the company's balance sheets in the past several years.

Raju could face arrest and serve 7-10 years in jail. He currently remains untraceable. ( Watch )

Earlier, sources in the Hyderabad police had said that Raju could have left for Texas on Wednesday morning from Hyderabad airport. Raju has not been seen in public ever since his confession, but TV reports suggested that he could have left for Texas.

There is a petition pending over his Maytas deal for which British Telecom's Solutions firm - U-paid had demanded presence of Raju and senior directors of Satyam for questioning by its lawyers.

According to another TV report, Raju may have also flown to Dubai.

Ramalinga Raju on Wednesday admitted to a Rs 7,000-crore fraud in the Hyderabad-based company and revealed that the balance sheet of Satyam had been inflated and that he would subject himself to the laws of the land.

On its part, the Hyderabad police said they would take action against him only if a shareholder or the regulator lodges a complaint. Raju had written a letter to the board giving details of the company’s balance sheet which has serious financial irregularities including inflated cash balances running into several crores of rupees.

The 54-year-old US MBA Raju's letter of guilt and resignation to the Satyam board and Sebi on Wednesday morning sledge-hammered India Inc, dumbfounded regulators, pummelled the company's stock, knocked the bottom out of the market, and cast a long shadow over industry in general and the IT sector in particular.

Satyam stocks took a serious beating yesterday with this latest news that has shocked investors. The stocks plunged by almost 80 percent at Rs 39 per share, at day close.

Ram Myanpati is acting as interim CEO of the company, who after expressing ``shock'', swung into damage control mode.

Satyam aims to continue business, protect staff 8 Jan 2009, 1816 hrs IST, PTI

HYDERABAD: Beleaguered Satyam on Thursday embarked on a major damage control exercise to pull itself from the brink, pushed to by founder
Satyam press conference
A press conference after the resignation of Ramalinga Raju, at Satyam campus in Hyderabad. (TOI Photo)
Ramalinga Raju, saying arranging liquidity, assuaging fears of 53,000 employees and continuing the existing business would be its top priority. ( Watch )

Not ruling out initiating action against Raju or the auditors PwC for its complicity in fudging of accounts, the acting CEO Ram Mynampati said every possible action would be considered against Raju, who quit as chairman after making startling revelations on corporate India's biggest fraud entailing about Rs 7,800 crore.

Aimed at preventing panic exodus of highly talented workforce and top management, the interim CEO said that the December'08 salaries has been paid and the management would be focusing on arranging funds, which at the present juncture was a cause for concern.

"We do not rule out recommending action against Ramalinga. Many actions are possible for Satyam's future," he said, adding that the company was not aware of his whereabouts amid reports that the disgraced founder of the country's fourth largest IT company had left for the US yesterday before the news of his resignation and disclosure became public.

On the auditor PriceWaterhouseCoopers who have been authenticating year after year the company's accounts, which Raju admitted to fudging by inflating profits and creating fictitious assets, Mynampati said: "We have not verified what process PwC took to certify financial statement. We are not yet in touch with PwC."

In the middle of the press conference held by the interim management at Satyam's headquarters here, CFO Valdamani Srinivas, who is the financial custodian of the company, sent in his resignation but Mynampati said the Board would decide on it on January 10 and anyway he has to serve notice period.

Interim CEO Ram Mynampati declared that the liquidity and cash-in-hand were not encouraging, although the company managed to pay salaries for December month.

"Some outstanding payment to vendors is yet to be made... we are verifying the liquidity and balance sheet... we have to raise liquidity in near term and are confident of raising it," said Mynampati, while adding that his appointment was legal.

On the financial irregularities disclosed by former Satyam Chairman Ramalinga Raju, Mynampati said the team was not yet in a position to answer these issues, as it is still ascertaining disclosures made by Ramalinga Raju and trying to correct financial irregularities.

He said the regulatory bodies have already started their inspection and a team of market regulator SEBI was in Satyam talking to associates.

He said the company has started to actively reach out to customers globally and has been heartened to receive strong expressions of confidence and Readers react
support from them.

"Our top 100 clients account for 80 per cent of Satyam's revenues," he said, adding that the top priority would be to clear pending contracts and continue with the business as usual.

The company founded by Ramalinga Raju in 1987 received its worst shock yesterday when he disclosed what has now become the country's biggest corporate fraud involving about Rs 7,800 crore.

Satyam is in the process of finding new investment banker as soon as possible to pursue strategic options left with the company and also expand the Board, which is now left with only three members including Mynampati.

Shareholders would be consulted on whatever options there are before the company, he said to a question on whether the company would explore merging or being taken over.

Satyam may axe 10,000 employees: Report 8 Jan 2009, 2045 hrs IST, PTI

NEW DELHI: With a big questions mark on its cash position and a minimum outgo on salary estimated at Rs 500 crore a month, Satyam may lay off

over 10,000 employees next month, says a recruitment firm.

"It is most likely that Satyam will cut 10,000 jobs next month as the company is left with no cash to pay the salaries. The current fiasco is likely to put pressure on salaries, which may reduce by 10 per cent due to the surplus of about 20,000 people in the jobs market," Headhunters India CEO Kris Lakshmikanth said.

Satyam interim CEO Ram Mynampati while admitting that the cash position is not encouraging, the company, however, has taken care of salary for December.

Lakshmikanth said till Tuesday evening there were about 7,800 people from Satyam who had posted their resumes on job sites and by Wednesday afternoon, it has gone up to 14,000.

The uncertainty about jobs is killingly painful for the 53,000 employees of Satyam, especially when the industry is going slow on recruitment.

Further, possibility of a takeover too looks distant as the accounting fraud done by the company would make it difficult for any firm to evaluate its correct market value, which is compounding the worries of the employees.

IT-BPO union Unites Professionals general secretary Karthik Shekhar said, "In case of any lay off at Satyam, we may take legal action."

"We have received over 7,000 hits since the news break. Yesterday, in one hour we have seen over 800 hits (no of people visiting the site) from Hyderabad. People have been enquiries on how the union can help them," Shekhar added.

Strong case against Ansals in evidence tampering: Court

Indo-Asian News Service
New Delhi, January 07, 2009

There was a strong possibility the Ansal brothers had provided a job to a court employee who was sacked for tampering with trial court records in the case of the Uphaar cinema fire tragedy at their behest, the Delhi High Court said on Wednesday.

"It is a strong circumstance against you (Ansals) that you provided employment after he (Dinesh Chand Sharma) was dismissed from his job," Justice S Muralidhar said while hearing a petition of the real estate tycoons challenging criminal proceedings against them for tampering with the evidence.

Senior advocate UU Lalit, appearing for Sushil Ansal, said the Ansal brothers are not directly connected with Sharma, who was allegedly responsible for tampering with judicial documents.

The Ansals approached the high court for quashing a trial court's Feb 15, 2008, order in which it had issued summons against them and four others for allegedly tampering with court evidence.

The Ansals pleaded that the proceedings against Sushil Ansal was illegal and should be stayed as an inquiry had said it was a case of misconduct.

Besides the Ansal brothers, the trial court had also initiated proceedings against P.P. Batra, Har Swaroop, Anoop Singh and Dharamvir Malhotra.

The two brothers have been lodged in jail since Septempber after their bails were cancelled by the Supreme Court.

The trial court had convicted the brothers in November 2007 for their complicity in the Uphaar theatre fire in which 59 cinegoers were killed on June 13, 1997. The two were sentenced to two years of rigorous imprisonment.

The high court in December reduced the jail term to one year each.


Raju quits Satyam; admits to financial wrong-doings

Press Trust Of India Hyderabad/Mumbai, January 07, 2009

Satyam Computer on Wednesday plunged into a deep crisis, as B Ramalinga Raju resigned as its Chairman after admitting to major financial wrong-doings and saying his last-ditch efforts to fill the "fictitious assets with real ones" through Maytas acquisition failed.

The beleaguered IT giant, already under scanner over the aborted acquisition of firms promoted by the Chairman's family, received a rude shock days ahead of its January 10 board meeting, with Raju stepping down along with his brother and Managing Director B Rama Raju.

"It was like riding a tiger, not knowing how to get off without being eaten," Ramalinga Raju said in a letter to Satyam's board of directors, wherein he listed major financial wrong-doings over the years to inflate the profits.

Listed at New York Stock Exchange, the company could face regulatory action in the US, analysts said.

While Raju recommended DSP Merrill Lynch be entrusted the task of "quickly exploring some merger opportunities," the company informed the stock exchanges that the investment banker has terminated its engagement with Satyam.

Noting that every attempt to eliminate gaps in balance sheet, purely on account of inflated profits over several years, failed, Raju said: "I am now prepared to subject myself to the laws of the land and face consequences thereof."

Low percentage of promoter equity in the company, where four independent directors resigned in the last two weeks over the acquisition fiasco, could lead to a takeover and expose the gap, he said in the letter, also sent to regulator SEBI. The promoters' share in Satyam has now dipped to just over 3 per cent that too is pledged with lenders.

Shares of Satyam plunged by over 40 per cent immediately after the announcement of resignations, necessitating an overhaul of the Board and management.

Raju will continue as Chairman till the Board finds a replacement, even as speculation was rife that Satyam President Ram Mynampati would take over as Chairman.

Rama Raju would also continue as Managing Director, but only till the time the Board is expanded.

Ramalinga Raju requested the Board to "hold together" to take some important steps, while hoping that one of the Board members T R Prasad was "well-placed to mobilise support from the government at this crucial time."

Satyam is the country's fourth largest IT firm and has has over 51,000 employees.

Giving details of the financial irregularities, Raju said the company's balance sheet as of September 30 carries "inflated (non-existent) cash and bank balances of Rs 5,040 crore (as against Rs 5,361 crore reflected in the books."

The balance sheet also carries "an accrued interest of Rs 376 crore which is non-existent, an understated liability of Rs 1230 crore on account of funds arranged by me (Raju), an overstated debtors position of Rs 490 crore (as against Rs 2651 crore reflected in the books," Raju said.

He further said that Satyam reported a revenue of Rs 2700 crore for the September quarter and an operating margin of Rs 649 crore (24 per cent of revenue) as against the actual revenue of Rs 2112 crore and an actual operating margin of Rs 61 crore (3 per cent of revenue).

"This has resulted in artificial cash and bank balances going up Rs 588 crore in Q2 alone," Raju said.

"The gap in the Balance Sheet has arisen purely on account of inflated profits over a period of last several years (limited only to Satyam standalone, books of subsidiaries reflecting true performance).

"What started as a marginal gap between actual operating profit and the one reflected in the books of accounts continued to grow over the years," Raju further said.

"It has attained unmanageable proportions as the size of the company operations grew significantly... The differential in the real profits and the one reflected in the books was further accentuated by the fact that the company had to carry additional resources and assets to justify higher level of operations thereby significantly increasing the costs," he said.

"The aborted Maytas acquisition deal was the last attempt to fill the fictitious assets with real ones. Maytas' investors were convinced that this is a good divestment opportunity and a strategic fit. Once Satyam's problem was solved, it was hoped that Maytas' payments can be delayed. But that was not to be," he said.

Raju, however, claimed that neither he, nor the Managing Director(including our spouses) sold any shares in the last eight years-excepting for a small proportion declared and sold for philanthropic purposes.

Raju further said he or the company's MD did not take "even one rupee/dollar from the company and have not benefited in financial terms on account of the inflated results."

Giving alms at a traffic signal? You can be prosecuted

New Delhi, January 06, 2009

Ever helped a beggar at a traffic intersection? Or, for that matter, bought flowers or small items from vendors while waiting for the light to turn green? Well, for your information, both these actions are punishable.

Surprised? An ordinance issued in September 2002 empowers Delhi Traffic Police to prosecute drivers who offer alms or buy anything from vendors at traffic lights.

Violation of this direction entails a fine of Rs 100 for the first offence and Rs 300 for subsequent offences under Rule 22(a) of Rules of the Road Regulations, 1989, punishable under section 177 of the Motor Vehicle Act 1988.

Most motorists are not aware about this rule and the police also hardly take any action in this regard.

In 2008, the Delhi Traffic Police did not prosecute anybody under these sections. Said a senior police officer: "What is the use? We can take action against the motorists, but the beggar or the vendor remains there, he will trouble the next motorist. What are the civic agencies doing about it?"

Asks Purujit Singh, "If motorists do not patronize these beggars or vendors, they won't survive. Action needs to be taken against drivers first. The other day, I almost bumped into a beggar at the signal near Tibetan Market at Janpath."

The traffic police said no such record (of prosecutions) was available for 2008. "We focused more on visible traffic violations," said traffic police chief S.N. Shrivastava.

Raj Thackeray gets reprieve from apex court

New Delhi, January 07, 2009

The Supreme Court on Wednesday stalled the imminent arrest of Maharashtra Navnirman Sena (MNS) chief Raj Thackeray, ordered by a Jamshedpur court for his rabble-rousing speeches against people from Bihar and other north Indian states who are staying in Maharashtra.

Suspending the arrest warrant, a bench of Chief Justice KG Balakrishnan and Justice P. Sathasivam also allowed him not to attend court hearings in Jamshedpur Jan 10.

On a lawsuit by Thackeray, the bench also issued notices to eight people from Jharkhand and Bihar, who have moved various courts in the two states, seeking prosecution of the MNS leader for allegedly raising sectarian feelings by making "inflammatory speeches" against north Indians.

Thackeray had approached the apex court seeking transfer of the eight cases lodged by private individuals to a court outside the two states.

Six cases have been lodged in various courts of Jharkhand and two in Bihar.

The complaints against Thackeray have been lodged under sections 504, 153A and 153B of the Indian Penal Code (IPC), seeking his prosecution respectively for making allegedly defamatory speeches against north Indians, staying in Mumbai and elsewhere Maharashtra and triggering disharmony between two communities through his inflammatory speeches or write-ups.

Earlier in July last year, the apex court, however, had refused to protect Thackeray from facing prosecution, sought on the same grounds, in Jharkhand.

A bench of Justice Arijit Pasayat and Justice Mukundkum Sharma had thrown out Thackeray's petition saying it would not interfere with the Jharkhand High Court ruling which had endorsed his prosecution.

Thackeray, however, had got the Jamshedpur court's order for his arrest stalled by a Mumbai court, which had protected him against arrest till Jan 10. The Mumbai court had also asked him to attend the Jamshedpur court Jan 10.