The Kulbhushan case: Aftermath, recent progress and way forward - The Daily Guardian
Connect with us

Policy & Politics

The Kulbhushan case: Aftermath, recent progress and way forward

The ICJ in its judgement noted that Kulbhushan Jadhav has been in the custody of the Pakistani authorities since 3 March 2016, however the circumstances of his arrest remain in dispute as India contended that he was kidnapped from Iran, where he was residing and carrying on business after retiring from the Indian Navy and was subsequently transferred to Pakistan and detained for interrogation.

Arindam Bharadwaj

Published

on

The International Court of Justice (ICJ) in the India vs. Pakistan case, also referred as the Kulbhushan Jadhav case, held Pakistan to be in violation of its obligation under the Vienna Convention and directed it to provide unimpeded consular access to Mr. Jadhav. More than a year has passed after the ICJ gave its judgement however Pakistan has not yet provided Mr. Jadhav was an unimpeded and credible consular access and have time and again failed to comply with the letter and spirit of the ICJ’s judgement. The ICJ also required Pakistan to provide Mr. Jadhav with an effective review and reconsideration of his conviction and sentence, which also has not been effectively complied by Pakistan.

Background of the case

The ICJ in its judgement noted that Mr. Jadhav has been in the custody of the Pakistani authorities since 3rd March, 2016 however the circumstances of his arrest remain in dispute as India contended that Mr. Jadhav was kidnapped from Iran, where he was residing and carrying on business after retiring from the Indian Navy and was subsequently transferred to Pakistan and detained for interrogation. Pakistan on the other hand contented that Mr. Jadhav was arrested in Balochistan, near the border with Iran, after illegally entering the Pakistani territory with an Indian passport bearing the name of ‘Hussein Mubarak Patel’. Pakistan thereafter booked Mr. Jadhav for performing the acts of espionage and terrorism on behalf of India, which was vehemently denied by India.

The trial of Mr. Jadhav, as per the submissions by Pakistan, started on 21st September, 2016 and was conducted before a Field General Court Martial. He was tied under Section 59 of the Pakistan Army Act of 1952 and Section 3 of the Official Secrets Act of 1923. After conducting the trial for less than seven months, Mr. Jadhav was sentenced to death by the Field General Court Martial on 10th April, 2017. Subsequently, the High Commission of India in Islamabad transmitted to Pakistan an appeal against the sentence of death penalty on behalf of Mr. Jadhav’s mother and a petition to the Federal Government of Pakistan under Section 131 of the Pakistan Army Act. On 22nd June, 2017 the Inter Service Public Relations of Pakistan issued a press release stating that Mr. Jadhav had made a mercy petition to the Pakistani Chief of Army Staff. However the status of both the appeal and the mercy petition were not further communicated to India by its Pakistani counterpart.

The Case at the ICJ

Since both India and Pakistan were parties to the Vienna Convention and the Optional Protocol to the Vienna Convention on Consular Relations Concerning the Compulsory Settlement of Disputes (“Optional Protocol”), India after failing to amicably resolve the dispute with Pakistan, sought it best to approach the Hon’ble International Court of Justice under Article 36 paragraph 1 of the Statute of the International Court of Justice and Article 1 of the Optional Protocol. On 8 May 2017, India filed an Application before the ICJ instituting proceedings against Pakistan.

 In the Court’s view the primary dispute between India and Pakistan was concerning the Consular assistance with regard to the arrest, detention, trial and sentencing of Mr. Jadhav. India also submitted that Pakistan has violated Mr. Jadhav’s elementary human rights, which are to be given effect as mandated under Article 14 of the International Covenant on Civil and Political Rights, 1966.

 India, on the Vienna Convention, contended that Pakistan acted in breach of its obligations under Article 36 (i) by not informing India, without delay, of detention of Mr. Jadhav; (ii) by not informing Mr. Jadhav of his rights under Article 36; and (iii) by denying consular officers of India access to Mr. Jadhav. Pakistan on Article 36 of the Vienna Convention contended that the same does not apply in prima facie cases of espionage.

The majority of the judges, on the applicability of Article 36 of the Vienna Convention, sided with India by holding that Pakistan breached its obligation under the treaty by not informing Mr. Jadhav of his rights under Article 36 and by informing India about the arrest of Mr. Jadhav after a considerable delay of three weeks, which constituted a breach of the obligation to inform ‘without delay’ as required by Article 36 of the Vienna Convention. The Court was also of the view that Pakistan had breached its obligations incumbent on it under Article 36 by denying Mr. Jadhav access to the consular services provided by the Indian High Commission at Pakistan. Not informing about his rights and denying consular access to Mr. Jadhav by Pakistan were considered as internationally wrongful acts of a continuing character. Accordingly, the Court was of the view that Pakistan is under an obligation to cease act which constituted a breach of its obligations and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan was directed to inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).

Apart from the submissions under Article 36 of the Vienna Convention, India also submitted before the ICJ that the Court must declare the sentence handed down by Pakistan’s military court as violative of international law and the provisions of the Vienna Convention. The Court however refused to pass any directions in this regard primarily because the Court’s jurisdiction in the present matter was just limited to the interpretation or application of the Vienna Convention and does not extend to India’s claims based on any other rules of international law. However the Court did hold that Pakistan was under an obligation to provide effective review and reconsideration of the conviction and sentence of Mr. Jadhav, so as to ensure that full weight is given to the effect of the violation of the rights set forth in Article 36 of the Vienna Convention.

Finally, the Court as a provisional measure, directed Pakistan to take all measures at its disposal to ensure that Mr. Jadhav is not executed pending the final decision in the present proceedings. The Court also considered that a continued stay of execution constituted an indispensable condition for the effective review and reconsideration of the conviction and sentence of Mr. Jadhav. The Judgement was delivered by the ICJ on 17th July, 2019.

 Jadhav meets his Family

Few months after the case was brought before the ICJ, the mother and the wife of Mr. Kulbhushan Yadav were called in Islamabad by the Pakistani Authorities to pay a visit to Mr. Jadav in December, 2017. The two Governments through its diplomatic channels worked out its modalities and formalities. However, after the meeting, the Ministry of External Affairs, Government of India, issued a strong statement against the way in which Pakistan conducted the meeting which was in violation of the understanding both the Governments previously entered into. The press was being allowed to approach the family members closely and they harassed and hectored the family members at several instances. The mother and the wife of Mr. Jadhav were being asked to remove there mangal sutra, bangles and bindi on the pretext of security, which was totally unwarranted and unreasonable. The mother of Mr. Jadhav was prevented from talking in their mother tongue, which was their natural medium of communication and the Deputy High Commissioner was being asked to stay away from the family members during the meeting and witness the meeting from behind an additional partition which did not allow him the access to the meeting, contrary to what was agreed upon by both the Governments. Moreover, from the feedback received from the Indian authorities and family members, it appeared to the authorities that Mr. Jadhav was under considerable stress and was speaking in an atmosphere of coercion whereby his responses seemed clearly tutored. His appearance also raised questions with respect to his health and well-being.

 Consular access to Jadhav

After the ICJ delivered its judgement in favour of providing consular access to Mr. Jadhav on 17th July 2019, the first consular access to Mr. Jadhav took place on September 2, 2019, when the Indian deputy high commissioner Gaurav Ahluwalia had met with Jadhav at a specially created sub-jail in the presence of Pakistani officials. The meeting lasted for nearly two hours which also was recorded by the officials. The then official spokesperson of the Ministry of External Affairs (MEA), Government of India issued a public statement after the meeting saying that Mr. Jadhav appeared to be under extreme pressure to parrot a false narrative to bolster Pakistan’s untenable claims.

 Recently on July 16th, 2020 the official spokesperson of MEA issued a statement condemning Pakistan’s failure to provide unimpeded and unconditional consular access to Mr. Jadhav. The official spokesperson stated that over the past year, India had requested Pakistan more than twelve times to provide unimpeded, unhindered and unconditional consular access to Mr. Jadhav, who remains to be incarcerated in the Pakistani Custody since 2016. Even on 13th July, 2020 India requested the Pakistani authorities for an unimpeded, unhindered and unconditional consular access and was also asked to ensure that the meeting be held in an atmosphere free from fear of retribution and without the presence of any Pakistani official in the close vicinity of Mr. Jadhav and the Indian consular officials. Pakistan was also requested to not record the video as well as the audio of the meeting and ensure privacy.

After intensive discussions, the Pakistani authorities agreed to give consular access and were ready to organise the meeting on 16th July, 2020 in consonance to the various requests made by the Indian authorities. On the basis of the assurance given two Consular Officers of the Indian High Commission proceeded to the meeting with Mr. Jadhav but regrettably, neither the environment not the arrangements of the meeting were in accordance to what was initially agreed. The Consular officers were not given an unimpeded, unhindered and unconditional consular access to Mr. Jadhav and the Pakistani officials with an intimidating demeanour were present in close proximity of the meeting. The meeting was being recorded contrary to what was agreed upon and Mr. Jadhav himself seemed under stress to the consular officers. The Consular officers were infact prevented from obtaining Mr. Jadhav’s written consent for arranging a legal representation and could not also discuss Mr. Jadhav’s legal rights with him.

Review of Jadhav’s death sentence

As per the ICJ’s directives, Mr. Jadhav was to be given all the opportunities and afforded all the resources for the effective review and reconsideration of his conviction and sentence. Accordingly in May 2020, the Government of Pakistan promulgated an ordinance named the International Court of Justice (Review and Reconsideration) Ordinance, 2020 which mandated that a petition for review and reconsideration of conviction by military tribunal could be made to the Islamabad High Court through an application within 60 days from the day the ordinance was brought into force. The petition under this Ordinance could be filed by Mr. Jadhav himself, a legally authorised representative or a consular officer of the High Commission of India in Islamabad. As per the Pakistani authorities, Mr. Jadhav was invited to file a review petition for his sentence and conviction but it was claimed that Mr. Jadhav refused to file a petition for review and conviction and rather insisted to follow up on his pending mercy petition. India however dismissed this claim by Pakistan and saw it as a sign of coercion.

 Recent Developments

In a unilateral move, the Ministry of Law and Justice vstan filed a petition before a two judge bench of the Islamabad High Court on July 22nd, 2020 seeking the appointment of a legal representative for Mr. Jadhav under the recent Ordinance passed by the Government of Pakistan. However, the Government of India was not consulted ahead of the filing of this application. The Islamabad High Court on August 3rd, 2020 ordered the Pakistan Government to give India a chance to appoint a representative for Mr. Jadhav. The hearing thereafter has been adjourned to September 3rd, 2020.

The Way Forward

Article 60 Statute of the International Court of Justice states that the judgement delivered by ICJ shall be final and without any appeal. Further even Article 94(1) of the Charter of the United Nations states that each member of the United Nations (UN) undertakes to comply with the decision of the International Court of Justice in any case to which it is a party. Both India and Pakistan, being parties in the case and members of the UN have to comply with the judgement of the ICJ.

However, recent incidents have shown us that Pakistan has time and again failed to honour their part of the obligation and has failed to comply with the letter and spirit of the ICJ’s judgement by not providing unimpeded, unhindered and unconditional consular access to Mr. Jadhav. An unimpeded consular access would mean a meeting in an environment free from the fear of intimidation and reprisal, where Indian officials would be able to have a private, confidential conversation with Jadhav, without being heard or recorded. At two instances consular access was being offered but they were neither meaningful nor credible and were not in consonance with the ICJ’s directives and the understanding between both the governments.

 The ICJ in its judgement in the Mexico vs. United States of America (2004) case, while discussing the essentials of the Vienna Convention, pointed out that there are certain standards to be observed by all State parties, with a view to the “unimpeded conduct of consular relations”, which is important in present-day international law in promoting the development of friendly relations among nations, and ensuring protection and assistance for aliens resident in the territories of other States. Pakistan’s conduct in refusing consular access despite repeated reminders by India, plainly violates its obligations under Article 36. It is now obvious that Pakistan has violated, and continues to violate the Vienna Convention, knowingly and wilfully.

While eminent lawyer Shri Harish Salve (QC), who also represented India in the Jadhav case, has said that the Government of India might have to go back to the ICJ since Pakistan has shown no signs of implementing the July 2019 judgement, the proper course however would be to approach the United Nations Security Council. Article 94(2) of the Charter of the United Nations states that if any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the ICJ, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment. The powers provided to the Security Council under Art. 94(2) are discretionary powers and the same has been conferred upon to make recommendations or take appropriate measures that are necessary to give effect to the ICJ judgments.

India, in June 2020, successfully confirmed its seat as a non-permanent member (for a two year term) in the United Nations Security Council with an overwhelming majority. India gained 184 votes out of a total of 193 votes in the General Assemble. Moreover India was the sole candidate from the Asia-Pacific region vying for the non-permanent membership. We have also witnessed India being at the forefront in fighting the COVID-19 virus, boosting up its economy in such unprecedented times and helping several countries like the USA, Afghanistan etc. by supplying food grains and important medicines like hydroxycloroquine for fighting against the COVID-19 virus. India, emerging as a world leader today and having such a strong position in the Security Council, can definitely deal with Pakistan with a firmer hand and make it discharge its legal obligations owed towards Mr. Jadhav and India under the Vienna convention and the ICJ’s judgement in the India vs. Pakistan case.

The Daily Guardian is now on Telegram. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines.

For the latest news Download The Daily Guardian App.

Policy & Politics

Clarion call for universal brotherhood and peace

Renowned spiritual gurus make strong pitch at Lokmat National Inter-Religious Conference in Nagpur.

Vijay Darda

Published

on

Nature and god cherish diversity. That is why they gave mankind flowers of different fragrances and fruits of different tastes. Human beings should accept this diversity while following religion too. There is only religion and that is humanity. And the only difference is that of creed, sect and the way of worship. Therefore, only by respecting each other’s beliefs, holding hands and moving forward, will the future generations become free from the evil of religious violence. In these words, the world renowned spiritual gurus gave the clarion call for universal brotherhood and peace to the world from Nagpur on Sunday.

Speaking at the Lokmat National Inter-Religious Conference organised by the Lokmat Media on the topic ‘Global Challenges to Communal Harmony and Role of India’ to mark the golden jubilee year of Lokmat’s Nagpur edition at Kavivarya Suresh Bhat Auditorium in Nagpur on Sunday, the spiritual gurus expressed concern over the growing incidences of violence globally. They said India, which is the origin of four main religions and which has maintained harmony through diversity for thousands of years, is already a spiritual world leader on the path of tolerance and harmony.

While the Union surface transport and highways minister Nitin Gadkari was the chief guest at this conference, the mayor Dayashankar Tiwari was the guest of honour. The founder of the Art of Living Gurudev Sri Sri Ravi Shankar, founder of Patanjali Yogpeeth Swami Ramdev, BAPS Swaminarayan Sanstha’s Brahmaviharidas Swami, founder of Ahimsa Vishwa Bharti, New Delhi, Acharya Dr Lokeshmuni, Archbishop of Mumbai Cardinal Oswald Gracias, founder of Jeevanvidya Mission, Mumbai, Pralhad Wamanrao Pai, founder of Mahabodhi International Meditation Centre, Leh, Ladakh, Bhikkhu Sanghasena and Gaddi Nashin of Dargah Ajmer Sharif, Ajmer, Haji Syed Salman Chishty expressed their views during the conference. The chairman of editorial board of Lokmat Media and former member of Rajya Sabha Vijay Darda, editor-in-chief of Lokmat Media Rajendra Darda, managing director of Lokmat Media Devendra Darda, joint managing director of Lokmat Media Rishi Darda, director (operations) of Lokmat Media Ashok Jain and group editor Vijay Baviskar were also present on the occasion.

The rule of nature never changes and it cannot change. It does not have any religion and therefore, action guides the reaction. Keeping this in mind, social harmony can be established. There is a need to create mutual acceptance for other religions as well. Moreover, universal brotherhood can be achieved by establishing communal harmony and unity through mutual coexistence as well as non-violence and peace, the Dharmacharyas said in one voice.

Vijay Darda in his introductory remarks explained the objective behind organising this conference. The editor of Lokmat Samachar Vikas Mishra conducted the proceedings while Rajendra Darda proposed a vote of thanks. On this occasion, the dignitaries released the Lokmat Media’s Diwali special issues ‘Deepotsav’ and ‘Deepbhav’.

CONGREGATION OF DHARMACHARYAS FROM COUNTRY, ABROAD

The Dharmacharyas of all religions spared time from their busy schedule to attend this conference. Brahmaviharidas Swami specially came from the United States of America for this conference. Swami Ramdev came from Haridwar despite his tight schedule. Sri Sri Ravishankar arrived from Bengaluru on Sunday morning. Dr Lokeshmuni came from New Delhi, Bhikkhu Sanghasena from Ladakh while Haji Syed Salman Chishty came from Ajmer. Archbishop Cardinal Oswald Gracias and Pralhad Wamanrao Pai came from Mumbai. It may be noted here that for the first time after the coronavirus pandemic, so many Dharmacharyas came together and shared a platform at the conference organised by the Lokmat Media and the Nagpurians got an opportunity to witness the Congregation of Dharmacharyas.

IT’S IDEOLOGICAL KUMBH MELA, NOT CONFERENCE

The concept of ‘Vasudhaiva Kutumbakam’ is our ancient culture and communal harmony can be established through the feeling of Sarvadharma Samabhav. The world will get a message of love, peace and brotherhood due to this, said the Dharmacharyas at this conference. Organised at the heart of the country, this conference is actually the ideological Kumbh Mela, and the message and appeal of communal harmony conveyed through it should reach every part of the world, opined all Dharmacharyas.

GREETINGS OF SARSANGHCHALAK

The sarsanghchalak of Rashtriya Swayamsevak Sangh Dr Mohan Bhagwat expressed his feelings through a video message. Dr Bhagwat said, “Religion is the connector. But if the human feeling is negative, people work to divide the society by abusing religion. This is because there is no interaction with each other. Therefore, we need to remind the community that we are one.”

DIVERSITY IS UNIQUENESS OF INDIA

The religion keeps people together. But some people plot to create hatred in the name of religion. But we should keep in mind that diversity has essence and god too is essence. Intellectuals become happy due to diversity and fools fight with each other. Diversity has to be accepted in human life. Sarvadharma Samabhav and diversity are unique qualities of India. It is the duty of the religion to solve various disputes and enmity.

– Sri Sri Ravi Shankar

WORLD HAS DANGER FROM RELIGIOUS, FINANCIAL AND POLITICAL TERRORISM

The world is facing biggest threat from religious, economic and political terrorism. The name should be Sarva Panth and not Sarva Dharma. Instead of saying that all will be Hindus, Muslims or Christians, we should say that all should be made human beings. The country works as per the Constitution while the society is based on spirituality. There is a need to take a stand that we all are united.

– Swami Ramdev

UNIFIED EFFORTS REQUIRED

Once upon a time, landing on the Moon or space travel were like dreams. But now they are reality now. Many feel that prevailing social harmony in the world is a dream. But it is my belief that this dream will be fulfilled. If the entire society makes collective efforts for spreading love, following rules and developing good life, the global social harmony can be established. Instead of expecting social harmony from the world, people have to start with themselves.

– Brahmaviharidas Swami

WORLD SHOULD BECOME NON-SECTARIAN, NOT SECULAR

Existence of others should be acknowledged as much as our own. Religion is humanity and we all are extensions of opinions. This country is not secular but non-sectarian. Today a positive feeling is required. This world is beautiful except for negativity. The chariot of messengers of peace here should go forward. The discussion on thoughts in this congregation of religious leaders should reach every part of the world. The lifestyle based on Ayurved, yoga-pranayam and restraint should be accepted once again.

– Acharya Dr Lokeshmuni

FOCUS ON SIMILARITIES, NOT CONTRADICTIONS, IN RELIGION

As the hatred is being spread in the name of religion, the world needs to create an attitude of acceptance of the existence of other religions along with mutual dialogue. The concept of god and some thoughts are different in every religion. But there are many similarities too. If we think with an open mind and brain, it will appear that we all have more of the same links than contradictions. Therefore, instead of paying attention towards contradictions, we should focus on the similarities.

– Cardinal Oswald Gracias

HUMANITY IS SOUL OF ALL RELIGIONS

Efforts to make each other happy and respect for each other’s feelings are worship to god. These are the values of human culture and these should be inculcated from childhood. Equality, civility, harmony, tolerance, gratitude and moral values are all values of life. These values will have to be inculcated and social harmony will be established. Humanity is very important in life and it is the soul of all religions.

– Pralhad Wamanrao Pai

VALUABLE ROLE OF INDIA FOR NON VIOLENCE, PEACE

Whatever is going on in the world is very disturbing and worrisome. Religious violence, war, aggression, hatred and prejudice have ravaged the world. In such a situation, the role of India is very important to make the world understand the importance of non-violence, peace and compassion. The time has come for us to be unified and find solutions to the problems of the world.

– Bhikkhu Sanghasena

‘DESTINY’ IS BASIC FOUNDATION OF ALL RELIGIONS

What feeling you are worshipping your god with is important. If any person offers namaz and commits any act which is a blot on humanity, his namaz is of no use. ‘Destiny’ is the basic foundation of all religions. Damage to the faith of any religion is the greatest crime.

– Haji Syed Salman Chishty

EVERYONE’S ‘RASHTRADHARMA’ IS SAME

Our clothes are different in colour. Similarly, the worship methods are different. The sects can be different. But, everyone has the same meaning. The ‘rashtradharma’ of all of us is one. This is the real strength of Indian culture. Our culture is not connected to any particular religion. Sarvadharma Samabhav is our philosophy. Respect for all is the way of life. Unity in diversity is the unique feature of our country.

– Nitin Gadkari

LOKMAT UPHELD IMPORTANCE OF SECULARISM

The Lokmat upheld the importance of secularism right from day one. It’s stand has been Sarvadharma Samabhav. No religion is bigger than humanity and we upheld these values. The Lokmat respected all religions and creeds. People have been living together since ages and ‘Vasudhaiva Kutumbakam’ is the culture of the country. The guidance of Dharmacharyas on social harmony is important in the backdrop of the fundamentals in the current situation that were created in the name of religion.

– Vijay Darda

PATH OF PEACE, GOODWILL CAN PROTECT WORLD

At a time when people are being murdered in the name of religion globally, the world is looking to India for a solution to this problem. India’s responsibility at the global level has increased as it has been following the ideas of non-violence preached by Lord Mahavir, Tathagat Buddha, Guru Gobind Singh and Mahatma Gandhi. Only the path of peace and harmony can save the world.

– Rajendra Darda

——————————————————-

Photo Caption

Union surface transport and highways minister Nitin Gadkari, mayor of Nagpur Dayashankar Tiwari, founder of the Art of Living Gurudev Sri Sri Ravi Shankar, founder of Patanjali Yogpeeth Swami Ramdev, founder of Ahimsa Vishwa Bharti Acharya Dr Lokeshmuni, Gaddi Nashin of Dargah Ajmer Sharif, Ajmer, Haji Syed Salman Chishty, founder of Jeevanvidya Mission, Mumbai, Pralhad Wamanrao Pai, Archbishop of Mumbai Cardinal Oswald Gracias, founder of Mahabodhi International Meditation Centre, Leh, Ladakh, Bhikkhu Sanghasena, BAPS Swaminarayan Sanstha’s Brahmaviharidas Swami, chairman of editorial board of Lokmat Media and former member of Rajya Sabha Vijay Darda, editor-in-chief of Lokmat Media Rajendra Darda, managing director of Lokmat Media Devendra Darda, joint managing director and editorial director of Lokmat Media Rishi Darda and group editor Vijay Baviskar holding their hands up together during the Lokmat National Inter-Religious Conference organised on the topic ‘Global Challenges to Communal Harmony and Role of India’ by the Lokmat Media at Kavivarya Suresh Bhat Auditorium in Nagpur on Sunday.

Continue Reading

Policy & Politics

Making it happen: Digital transformation in TNPFC

Anil Swarup

Published

on

Technology can transform governance and make life easy for the common man. The question is not about the availability of technology, it is about attitude of those that have to first appreciate its relevance and then to have the “courage” to use it. Chandra Kant Kamble, a young IAS officer did that in an organization that was archaic and conservative.

The Tamil Nadu Power Finance and Infrastructure Development Corporation Ltd., (TNPFC) was incorporated in 1991 as a wholly owned State Public Sector undertaking and registered as a Non-Banking Finance Company (Deposit). TNPFC started with capital of Rs 99 lakhs. The deposits grew to Rs 33,000 crores by 2019. The company mobilizes funds primarily through public deposits and has been funding Infrastructure projects undertaken by Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO). As on 31.03.2021, the company’s paid-up capital is Rs. 3767 Cr. TNPFC has been a profit-making company since its inception.

The total financial assistance provided to TANGEDCO for power generation and related projects by way of long-term and short-term loans is Rs. 1.56 lakh Crores. The net loan outstanding from TANGEDCO stood at Rs. 39,984.79 Cr on 31.3.21.

Fixed Deposit service offerings

Fixed deposits are mobilized from the public, Institutions, Government Departments and the State Government Schemes such as cash incentive scheme, Bread-winning scheme, Chief Minister’s Girl Child Protection Scheme, Oru Kala Pooja Scheme and Covid 19 Scheme. The average interest rate offered by the company is 150 basis points more than the rates provided by public sector banks. Steady growth of deposits was possible even during the pandemic, due to focused policies and an attractive interest rate on term deposits.

Legacy Challenges in TNPFC

When Chandra Kant took over as Managing Director of TNPFC in 2018 it had archaic database issues like data integrity, redundancy, partial data and data multiplicity. The company operated with less than 50 staff members and none of the branch operations had a digital channel such as a web portal or mobile application. TNPFC did not have the ability to collect payments online for the creation of new fixed deposits. Further, the company was unable to renew or close existing fixed deposits online. public depositors needed to visit the Chennai branch to receive the proceeds from closure of fixed deposits through a cheque instrument.

The regulatory directions on IT compliance and covid pandemic accelerated the pace of digital transformation at TNPFC, covering entire customer requirements fresh deposits, renewal, closure, nomination and other change request services

SOLUTION FRAMEWORK: INNOVATION, PROCESS CHANGE, TECHNOLOGY ADOPTION & CAPACITY BUILDING

Innovation

Online Web portal and mobile application based full fidelity deposit account creation for existing and new depositors, thereby offering deposit creation services 24 x 7 x 365 – a first for Government controlled NBFC.

Integration with Core Banking System to automate Cheque and Bank Statement reconciliation for both online and offline fixed deposit confirmation receipt generation.

Disbursement of Deposit Maturity proceeds directly via digital payment service integration across NEFT, RTGS, IMPS and UPI – providing real time business-hour payment services without cheque issuance and clearing delays.

CAPACITY BUILDING AND OPERATIONAL EFFICIENCY

Established Customer Support Team for managing average daily queries of 300 emails, 200 IVR calls and 100 postal requests.

Journey from 7154 backlog emails, to responding on same day basis. Between April and July, TNPFC responded to 12,411 emails compared to pre-covid period of less than 20 emails per day.

Automated online BoT based verification process for PAN Card and Aadhaar verification process for KYC norms. Video Conferencing for Video KYC towards Customer Identity Confirmation process as per RBI Regulatory Compliance.

THE IMPACT

Digital Transformation of web portal and mobile application led to the mobilization of retail deposits of over Rs. 1080 Crores through online channels alone, during the period from April 2020 till May, 2021

Cloud Computing operations automation enabled TNPFC mobile deposits online 24×7 with integrated payment gateway services and instant deposit confirmation receipt generation.

Provided digital banking experience through Digital Channels (Web & Mobile) for depositor interactions and service requests processing, thereby eliminating the need for physical presence.

Timely disbursement of deposit funds for beneficiaries approved by Social Welfare and School Education departments / State Government. Fund disbursement of Rs. 1626 Cr in real-time to 8 lakh beneficiaries across 32 districts, through the launch of online payment services integration by Hon’ble Chief Minister of Tamil Nadu.

Improved Treasury and Fund Flow management through the adoption of purpose- built Executive Workflow Management Application, thereby drastically transforming Fund Management towards transparent Cashflow pipeline visibility and approval process workflows for Government Securities Investments. Cloud deployment of GoI MEITY empaneled Cloud Service Data archival and retention towards regulatory compliance adherence. Adoption of Business Continuity Plan towards robust operational management of TNPFC ICT preparedness and operational support during the pandemic led workplace and workforce restrictions.

IMPACT ON DIGITAL INTERACTIONS

In the middle of Covid-19 pandemic, the TNPFC management focused on improving depositor user experience through digital adoption across NBFC operations using automation and integration to re-organize diverse systems. The emphasis was on advanced analytics driven customer support for digital channels (email, IVR, WhatsApp) and a 24×7 Online web portal & mobile App for common citizens to carry out deposit service requests from the comfort of their homes.

With digitalization of every function, TNPFC has shifted from generic demography of retired service personnel to a more “smart experience”, that provides a digital banking experience for all types of depositors, which is a refreshing change for a government run NFBC.

Financial performance

The CRAR (Capital adequacy) improved from 3.4% to 13.48%. For the first time, TNPFC started treasury operations, invested @1800 Cr in Gsec and T bills (earned @ 40 Cr) and used call options for Rs1000 cr bond repayment saving interest payment @ Rs 45 Cr. Profits that stood at Rs 83.20 Cr during 2018-19 rose to Rs 505.03 Cr during 2019-20 and further to Rs 723 Cr (unaudited) in 2020-21

Chandra Kant Kamble made it happen in an organization that had not looked at technology as a tool for improving its performance. He could make-it-happen on account of his foresight and his ability to convince the stakeholders about the whole idea and his team to deliver that idea.

Anil Swarup has served as the head of the Project Monitoring Group, which is currently under the Prime Minister’s Offic. He has also served as Secretary, Ministry of Coal and Secretary, Ministry of School Education.

Continue Reading

Policy & Politics

INDIAN REAL ESTATE SECTOR ATTRACTS $1.8 BN PE FUNDS IN H1 FY22, Y-O-Y RISE OF 27%

Tarun Nangia

Published

on

TOP 10 DEALS IN H1 FY 2022

Displaying continued confidence on the Indian real estate sector, private equity funds pumped about USD 1,790 Mn into the sector in the first half of the FY2022, finds ANAROCK Capital’s latest Flux Market Monitor for Capital Flows in Indian Real Estate. This is a 27% growth over the corresponding period in FY 2021 when inflows were approx. USD 1,410 Mn.

“The average ticket size for the PE deals in the current period declined by 32% – from USD 114 Mn in H1 FY21 to USD 78 Mn in H1 FY22,” says Shobhit Agarwal, MD & CEO – ANAROCK Capital. “Notably, investors this time preferred single city deals in contrast to multi-city deals. As seen, the share of multi-city deals reduced from 77% to 42% in H1 FY 2022. Further, the top 10 deals in H1 FY22 contributed a approx. 81% of the total PE investments in the country.”

In comparison with H1 FY21, structured debt and equity witnessed considerable growth in H1 FY22, at 25% and 28% respectively. Structured debt went primarily towards project-level assets.

SEGMENT-WISE BREAKUP

Of the total private equity inflows of USD 1,790 Mn in the period:

• The commercial office sector once again attracted the bulk of investments – nearly 33% or approx. USD 591 Mn.

• The Industrial & Logistics sector saw significant investments of approx. USD 537 Mn in H1 FY22, comprising a 30% overall share.

• Residential sector saw investments to the tune of USD 394 Mn i.e., approx. 22% of the total PE funds.

• Data Centres, Land and Mixed-use developments attracted the remaining 15% of the overall PE inflows comprising 5% each

Data further revealed that while overall PE inflows in Indian real estate increased in H1 FY2022, the share of foreign funds reduced by 19% as compared to H1 FY21. Investments by domestic funds jumped from less than USD 10 Mn in H1 FY21 to USD 650 Mn in H1 FY22, a reflection of the improving situation in the country resulting in higher confidence by domestic funds.

OTHER NOTABLE TRENDS

With total PE investments seeing a close to 27% yearly jump in H1 FY2022, investor confidence in Indian real estate is seen to be increasing.

• Foreign investors continued to remain major contributors with a approx. 63% share of the total inflows of USD 1790 Mn. However, in the same period of FY2021, they contributed a 99% share. This indicates the growing confidence of domestic funds amid the growing economy despite the second COVID-19 wave.

• Investors have maintained their confidence in listed REITs. Post the dip in market capitalisation earlier this year, REITs have bounced back well.

• Demand for flexi offices is gaining momentum; they are expected to attract more PE investments over the next 1-2 years.

• Operators are aggressively looking at expansion of data centres across major locations in the country.

• Like seen in FY2021 trends, last-mile funding continues to gain momentum. SWAMIH Fund & various foreign funds are actively evaluating and executing various options.

• The residential sector is witnessing accelerated consumer demand amid growing preference for homeownership coupled with historically low home loan rates. Investors will seek various investment themes within this asset-class.

• Private equity investments were approx. USD 1.41 bn in corresponding period of FY21

• Commercial sector attracted highest investments (of 33%), followed by Industrial & Logistics (30%) & Residential (22%)

• Investors this time preferred single city deals in contrast to multi-city deals earlier; top 10 deals in H1 FY22 contributed nearly 81% of the total PE investments in the country

• Avg. ticket size for PE deals declined 32% – from USD 114 Mn in H1 FY21 to USD 78 Mn in H1 FY22

• While overall PE inflows in Indian RE increased, share of foreign funds reduced 19% in H1 FY22 compared to H1 FY21; investments by domestic funds jumped from less than USD 10 Mn in H1 FY21 to USD 650 Mn in H1 FY22, reflecting their confidence

Continue Reading

Policy & Politics

KARNATAKA HC DIRECTS STATE TO COMPLY WITH SC DIRECTIONS BARRING INSTALLATION OF STATUES ON PUBLIC ROADS, PAVEMENTS

Published

on

In a welcome, wonderful and wise judgment titled Akhila Bharata Kshatriya Mahasabha v. State of Karnataka in WP No. 49960/2017 delivered on September 7, 2021, the Karnataka High Court has directed the State Government to ensure compliance with the landmark, learned and laudable directions of the Supreme Court barring installation of statues or construction of any structure in public roads, pavements, sideways and other public utility places. This was the crying need of the hour also. Now the State Government in Karnataka is duty bound to comply with it.

To start with, this brief, brilliant and balanced judgment authored by the then Acting Chief Justice Of Karnataka High Court – Hon’ble Mr Satish Chandra Sharma for himself and Hon’ble Mr Justice Sachin Shankar Magadum sets the ball rolling first and foremost in para 2 wherein it is put forth that, “The facts of the case reveal that the 1st petitioner is an All India Trust and 2nd petitioner is the State level Trust, as stated in the petition, involved in the work of social economical upliftment of the people belonging to backward and downtrodden community. Their grievance is that inspite of the order passed by the Hon’ble Supreme Court on 18.01.2013 in SLP.No.8519/2006 the bust of Sri.Shivarathri Rajendra Swamiji at the southern entrance of Mysore palce near Gun house is being installed and the State Government has granted permission for the same. The order of the State Government dated 3.3.2017 is on record and a prayer has been made for quashment of the order of the State Government (Annexure-E) as well as the order dated 28.8.2017 (Annexure-F) meaning thereby that the prayer has been made for quashment of the resolution passed by the Mysuru Mahanagara Palike as well as the State Government for installing the statue of Sri. Shivaratri Rajendra Mahaswamy at Gun house circle, which is on the main road. It has also been stated by the petitioners that a request was also made initially for installing the statue of Sri. Srikantadatta Narasimharaja Wodeyar to the District Urban Development Cell and the same was rejected citing the judgment of the Apex Court and inspite of the judgment of the Apex Court, permission has been granted to install the statue of Sri. Shivarathri Rajendra Swamiji.”

 To put things in perspective, the Bench then points out in para 3 that, “The State Government has filed the statement of objections and the stand of the State Government is that the present petition has been filed with the vested interest, as the request of the petitioners was turned down for installing the statue of Sri. Srikantadatta Narasimharaja Wodeyar and it is only after their request was turned down, they are raising hue and cry as the State Government has granted permission to install the statue of Sri. Shivarathri Rajendra Mahaswamy at Gun House circle. It has been stated that the Supreme Court in the case of Union of India .vs. State of Gujarath and others has directed not to grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places. However, the Gun House Circle is in existence since from the Maharaja’s period and there are several such circles in Mysuru City and several such statues are already in existence and therefore, Mysuru Mahanagara Palike has taken a decision to instal the statue of Sri. Shivaratri Rajendra Mahaswamy in the Gun House Circle as the circle is in existence since long time and it is not part of the public road nor does it fall within the definition of pavement, sideways and other public places.”

Quite rightly, the Bench then enunciates in para 8 that, “The undisputed facts of the case makes it very clear that the place where the statue in question is likely to be installed is certainly one of the most busy square near Mysuru palace near Gus House. The map has been filed by the State Government and the same reveals, as many as six roads are joining at the square and the circle is certainly the part of the road. It is really strange that the respondent-State Government has stated before this Court that it is not part of the road. Colour photographs have also been filed in the matter. The maps and all other documents clearly establish that the spot is in the center of the road and therefore, the issue is whether the statue can be installed at the center of the road on the circle which is in existence?”

Quite significantly, the Bench then hastens to recall in para 9 that, “The order passed by the Hon’ble Supreme Court in Special Leave to Appeal(Civil) No.8519/2006 dated 18.01.2013 on I.A.No.10/2012 reads as under:

1. We have heard Mr. Basavaprabhu S. Patil, learned senior counsel for the applicant and Mr. M.T. George, learned counsel for the State of Kerala.

2. Mr. M.T. George, leaned counsel for the State of Kerala placed before us a copy of the order dated September 7, 2011 passed by the Government of Kerala granting permission for installation of statue of late Shri. N. Sundaran Nadar, Ex-Deputy Speaker of Kerala Legislative Assembly near to Neyyattinkara-Poovar Road in the curve turning to the KSRTC Bus Stand Neyyattinkara in the Kanyakumari National Highway near bus stand.

3. We have our doubt whether such permission could have been granted by the State Government for installation of statue on the national highway.

4. Until further orders, we direct that the status-quo, as obtaining today, shall be maintained in all respects by all concerned with regard to the Triangle Island where statue of late Shri. N. Sundaran Nadar has been permitted to be sanctioned. We further direct that henceforth, State Government shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public street lights or construction relating to electrification, traffic, toll or for development and beautification of the streets, highways, roads etc. and relating to public utility and facilities.

5. The above order shall also apply to all other states and union territories. The concerned Chief Secretary/Administrator shall ensure compliance of the above order.””

Most significantly, the Bench then makes it clear in para 10 that, “The Hon’ble Supreme Court has categorically directed the State Governments not to grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places and therefore, on account of the order passed by the Hon’ble Supreme Court, the question of permitting the State Government and the Mysure Mahanagara Palike to install the statue does not arise.”

Furthermore, what is equally significant is that the Bench then also makes it pretty clear in para 11 that, “In the considered opinion of this Court, neither the petitioners nor any one can install the statue on the island which is on the road (circle which is on the road) keeping in view the judgment delivered by the Hon’ble Supreme Court.”   

Finally and as a corollary, the Bench then holds in para 12 that, “Resultantly, the writ petition is allowed. The impugned orders passed by the State Government dated 3.3.2017 and the order dated 28.8.2017 of the 2nd respondent-Mysuru Mahanagara Palike are hereby quashed. The State Government is also directed to ensure compliance of the directions of the Hon’ble Supreme Court in the entire State of Karnataka.”

 In conclusion, it may well be said that the Karnataka High Court Bench comprising of the then Acting Chief Justice Hon’ble Mr Satish Chandra Sharma and Hon’ble Mr Justice Sachin Shankar Magadum have by this cogent, commendable, composed and convincing judgment left not even an iota of doubt of any kind that the State Government of Karnataka has just no option but to comply with the Supreme Court directions baring installations of statues on public roads and pavements. This is specifically elaborated upon most elegantly in para 9 and 10 which the State Government of Karnataka has to adhere to in totality. This will certainly well serve the public interest also which should always be paramount under all circumstances also!

Sanjeev Sirohi, Advocate

Continue Reading

Policy & Politics

Textiles sector poised for a $100 bn export: Vikram Jardosh, MoS for Textiles

Industry should take full advantage full advantage of the global market shifts: Secretary, Ministry of Textiles.

Tarun Nangia

Published

on

The Government has set a strong aspirational goal of achieving $100 billion from textiles exports in thenext 5 years and we will remain committed to ensure implementation of all development schemes and bring in many more schemes in pursuit of this aspiration, said Darshana Vikram Jardosh, Minister of State for Textiles, Ministry of Textiles, Government of India.

Government has already announced MITRA scheme to attract new investments and build mega textile parks in the country. Other significant programs including the launch of PLI scheme for achieving manufacturing excellence and RoDTEP for enhancing export competitiveness will help India to position it as a global leader in the sector.

The Minister was speaking at the inauguration of TEXCON: The 13th edition of the International Conference on Textiles & Apparel organized by the Confederation of Indian Industry today. A specialCII-Kearney report was also released on “Creating a competitive advantage for India in the global textiles and apparel industry”. The report covers the entire textile value chain and highlights the imperatives for both government and industry to bring global positioning for the sector.

Speaking on the occasion, Upendra Prasad Singh, Secretary, Ministry of Textiles said that the Government is making all efforts to proactively address the challenges and facilitate the creation of an enabling environment for the growth and development of the Textiles and Apparel sector. “We are capable to meet the domestic as well as the global market demands. I would like to urge the industry to take full advantage of the present global market shifts in establishing the excellence and prominence of India globally.”

Dilip Gaur, Chairman, CII National Committee on Textiles and Apparel & Managing Director, Grasim Industries Limited, Aditya Birla Group said, achieving breakthrough growth in Indian textiles will imply doubling down on multiple areas. The key ones include increasing share in MMF fiber and yarn, become regional leaders in apparel and fabrics and further augmenting India’s position as global home textiles leader. “Government of India has already shown strong commitment to this sector by launching multiple mega schemes in recent times which set a very positive tone for the future and to energize all industry stakeholders to take necessary steps forward in achieving the goals”, he added.

Kulin Lalbhai, Co-Chairman, CII National Committee on Textiles and Apparel & Executive Director, Arvind Ltd said, “The growing sentiment around “China plus one” sourcing is a golden opportunity for Indian textiles to stage a turnaround and gain back its leadership position as a lead exporting economy.” India is much better placed to maximize this opportunity as compared to competitors like Vietnam and Bangladesh because of India’s strategic depth.

Dilip Gaur, Chairman, CII National Committee on Textiles and Apparel & Managing Director, Grasim Industries Limited, Aditya Birla Group said, achieving breakthrough growth in Indian textiles will imply doubling down on multiple areas. The key ones include increasing share in MMF fiber and yarn, become regional leaders in apparel and fabrics.

Continue Reading

Policy & Politics

Piyush Goyal calls for free trade within rules-based multilateral trading system

We must work to resolve issues posed by Non-Tariff Barriers in international trade: Piyush Goyal.

Tarun Nangia

Published

on

The Minister of Commerce and Industries, Consumer Affairs, Food and Public Distribution and Textiles, Piyush Goyaltoday called for free trade within a rules-based multilateral trading system with honesty and transparency as core values. He added that wherever India faces an unfair or unjust treatment, it will take reciprocal action. Shri Goyal also emphasized upon the need for resolution of issues posed by Non- Tariff Barriers in international trade. He was addressing the 54th Convocation of Indian Institute of Foreign Trade in New Delhi today.

Referring to India’s recent achievement of 100 crore vaccines, he said that the milestone was the result a collective effort of 130 crore Indians and a proof of India’s ‘Atmanirbhartha’ and its resolve to leverage its capacities to the best possible extent and to serve the needs of the entire world.

Piyush Goyal said that a convocation is an important ceremony that marks the next step in the journey of the graduates when they grow from ‘acquisition of knowledge’ to ‘application of knowledge’.

He commended IIFT for contributing immensely to India’s external trade since its establishment in 1963. He said that IIFT has been widely recognized for its strong knowledge &resource base and has been consistently ranked amongst theleading business schools in the Asia-Pacific Region.

Underscoring the need for a committed and vibrant leadership in the field of academics in India, Shri Piyush Goyal called for enhancing exposure of our students to the best of technology, foreign law, economics, and international trade. Calling for tie-ups of Indian Universities with institutions of eminence across the world, he asked Indian universities to enter into sustained collaborations with such institutions.

Encouraging academic institutions to engage on a much larger scale with the industry, Shri Goyal asked students to take up internships with both the public sector and private players. Speaking of the opportunities offered by online education, Shri Goyal called for more exploration into online and hybrid modes of education.

Piyush Goyal told the students that they were graduating amidst one of the most disruptive events in the collective memory of our times. He emphasized that in the post-COVID ‘New Normal’, we can no longer play by the old rules. He called for using the disruptive interventions brought about by COVID to reorient our conventional, traditional thinking processes. Offering two cents from his versatile experience in foreign trade, Shri Goyal urged the students to ‘Learn, Unlearn, Relearn and Repeat’.

Piyush Goyal said that despite challenges, India under PM Modi has aimed to convert a crisis into an opportunity for transformation. He said that India is being looked upon as a trusted partner & we are engaging with like-minded nations e.g. EU, UK, Canada, Australia & UAE for early conclusion of FTAs.

Referring to India’s ambitious programmes like the PM GatiShakti National Master Plan for infrastructure and multimodal connectivity, Shri Goyal said that there was a need for planned, focussed efforts to create infrastructure in the country by breaking silos and bringing in synergy. “There is a need to bring in quality and productivity in all we do. A ‘Made in India’ product must be a guarantee to the world”, he added.

Applauding the Prime Minister, Narendra Modi’s visionary leadership, Goyal said that India’s decisive leadership, strong industry, vibrant media and its resolve to uphold the rule of law, had made India a trusted partner to world nations.

Lamenting that India had suffered from several missed opportunities in the past, Shri Goyal expressed the hope that we would now be able to seize every opportunity available to us to grow. “The past is a stepping stone, not a milestone”, he added.

Observing that contemporary India was confident & yet dissatisfied, he said that dissatisfied, confident people are the ones who would change the world. He urged fellow Indians to never settle for less and to work together to make India a global leader.

On the occasion, Shri Goyal presented several awards for excellence to graduating students.

Encouraging academic institutions to engage on a much larger scale with the industry, Shri Goyal asked students to take up internships with both the public sector and private players. Speaking of the opportunities offered by online education, Shri Goyal called for more exploration into online and hybrid modes of education.

Continue Reading

Trending