Wild West
Wanted Poster For Murderers In WSJ Advert Mocks Global Magnitsky Act
There was a
full-page advertisement on October 13th in the US Wall Street
Journal (WSJ) got up to look like a Wanted Poster from The Old West. These
old-time ‘Wanted Dead Or Alive’ posters were used to locate gunslingers,
stage-coach bandits, railway strong-box dacoits, serial killers, cold-blooded murderers,
all quintessential outlaws, often with lucrative bounties on their heads.
To use one
such format to accuse 11 Indian government functionaries doing their jobs over
a fairly mundane business dispute that they inherited from an earlier
dispensation, that too in terms of the perfectly serious Global Magnitsky Act
2016, is patently absurd.
The WSJ, a
more-or-less reputable business newspaper, must be financially hard-up to
publish such an advertisement. Or it is out to malign the Government of India
along with its dubious advertiser in this silly fashion?
The Global
Magnitsky Act of 2016 is a successor of the 2012 Magnitsky Act, originally designed
to target important and influential Russians and others in their orbit, such as
the former Uzbek president’s eldest daughter, apparently running a criminal
cartel, a crooked Ukranian police chief accused of custodial murder and the
like. That the Russians and others have similar blacklists of their own goes
without saying.
And in these
days of softening and damaged economies all over Western Europe and America
because of Covid and the Ukraine War, can hubris like this really stick? Even
Saudi Arabia and the United Arab Emirates, let alone Iran and China, do not
listen to Western dictation.
Most of
those who fall afoul of the Global Magnitsky Act that allows The US and other
copycats to sanction individuals, including Chinese who have committed
atrocities on the Uigurs, are accused on multiple counts.
These include
extortion, influence-peddling, money laundering, corruption, bribery, fraud,
involving Western companies and big-wigs or their relatives, operating always
in the ballpark of billions of dollars.
The broader
global act has, for example, indicted a human body-parts trader from Pakistan, and
several military men from Myanmar who allegedly brutalised the Rohingyas.
Several
other countries have their own versions of the Magnitsky Act such as Britain
and Canada. Australia, and some 30 other small countries are either working on,
or have similar legislation.
The person the
first law of 2012 was named after, Russian whistle-blower Sergei Magnitsky, died
after a savage beating in a Russian prison in 2009, at the age of just 37. He
was accused of being involved in the very same massive tax fraud scheme he
first discovered. He was absolved of wrong-doing a full 10 years after his
death by the European Court of Human Rights.
The law
remembering Magnitsky in 2012 was spearheaded by American financier Bill
Browder who has been feted and flounced for his efforts to a degree.
In terms of
India, it is being cited increasingly by Islamist organisations out to portray
India as a human rights violator involving persecution of minorities. Nothing
comes of it in a season when America regards India not only as a valued QUAD
member, but a strategic partner on a bilateral basis, but the ugly noise
created is still bad publicity.
And to an
extent it is being amplified by Left leaning media in the US including the New
York Times, the Washington Post owned by Jeff Bezos of Amazon and perhaps now
the WSJ too. It is curious why Jeff Bezos is keen on maligning India given the
considerable business his company does here.
To some
extent it must be assumed that such biased media in America, Britain, Germany,
Spain, are seen to be supporting the Opposition in India against a perceived
Hindu majority government. One that is showing sufficient strength to win the
next five year term in 2024 as well.
It would
appear that the Western media, tacitly backed by its governments, prefers a
more malleable and corrupt opposition, instead of the patriotic and financially
incorruptible government led by Prime Minister Narendra Modi. As a whole, the
Western powers may be interested in curbing Chinese influence and supply chains
post Covid, but they are not comfortable with an independent-minded India
either. They are not used to an erstwhile third world brown peopled country
following its own national interest as it sees fit.
The recent
neutrality vis a vis Russia in the Ukraine conflict, under considerable Western
pressure, is a case in point.
That India
will become the third biggest economy in the world by 2028 as per the IMF is
worrisome to the West. They would like to slow this down by siding with the
opposition that they feel are much more controllable. The Leftist media
preferred our emphasis on Socialism rather than growth. Even though it served
us badly, with GDP figures never crossing more than 2% for fifty years, they
found it more inclusive and India easier to manipulate.
The
promotion of an anti-Hindu narrative is therefore part of this put-the- brakes-on-India’s-rise
movement.
Sanctioning
individuals in India under the Global Magnitsky Act 2016 would be a dream come
true not only for those sniping at India from the perch provided by the West,
but also the Indian opposition who tend to back the narrative domestically.
However, it
probably cannot be done on flimsy grounds, with neither murder, nor mayhem, or
financial skulduggery, let alone fondly hoped for genocide, to cite. Human
Rights abuses are too numerous and consistent at the US, British, European end
of the stick, both domestically and abroad, for it to get anywhere judicially,
in a pot calling the kettle black move. After all, the Human Rights Court in
Europe did take 10 years to declare Sergei Magnitsky innocent probably when it
was safe to say so.
There was an
attempt to have the American Biden administration to indict some four Hindu
individuals under the Global Magnitsky Act by an outfit called Justice For All,
basically a Muslim NGO in America, after the Delhi Riots of February 2020, but
it has come to nought.
Other
efforts by little known NGOs like the Guernica 37 Centre, to indict Indian government officials and
politicians are also not gaining any traction in America or in Britain, or in the EU for that matter, except for
generating hostile publicity via
Islamist, Chinese, Leftist and Activist circles inimical to India.
The only indictments
under the Global Magnitsky Act 2016 that actually go through are the ones
initiated at the highest echelons of government in the US and elsewhere. President
Trump initiated a few. None have been aimed at Indians so far.
And when
done, the sanctions have little actual effect except to queer the pitch in
business negotiations, visa denial, some imposition of fines, and seizure of
assets that may lie in the accuser countries.
This is just
as well, given the often hypocritical self-importance that animates many NGOs
funded by lobbies with various self-interest at work. And to avoid a chaos of
bogus human rights actions that can vitiate the atmosphere in bilateral and
multilateral relationships, particularly between allied countries.
In this
subject instance however, the advertisement was put in allegedly by one
Ramachandran Vishwanathan, a disgruntled would-be supplier of multimedia
content via satellite in India.
He released
the advertisement under the guise of yet another NGO called Frontiers For
Freedom, founded by a Republican Party Senator George Landrith.
Vishwanathan,
a US citizen, is the former CEO of Devas Multimedia of Bengaluru, a company
that was to lease capacity from Antrix Corporation, the marketing arm of
India’s department of space. He was to do this on two primary satellites in the
S-band. This was in 2005, during the scandal ridden rule of the Manmohan Singh
led UPA government.
The deal may
have involved an up-front payment of $ 20 million as a capacity reservation
fee, though the statement is that it was only ‘agreed to be paid’.
It was
ostensibly for a 12 year lease, with an option for a further 12 years
thereafter, plus a payment of $ 9 million to 11.25 million per annum for each
year of the lease actually operated on the satellite. The entire deal smacks of
payola and kickbacks of course, and probably involves the seamier side of
Antrix and Devas officials as well. Subsequent court and investigative actions
have turned up money-laundering and other offences.
However, in
2011, the Cabinet Committee on Security, still under the UPA, probably panicked
by the bad news leaked, banned any commercial exploitation of the S Band, and
cancelled the orbital slot for Antrix.
This is
standard procedure adopted by the UPA time and again to achieve plausible
deniability.
The two
companies, Devas and Antrix, have been locked in a legal battle ever since. The
Indian courts have found in favour of Antrix, and the US courts in favour of
Devas, including the permitting of seizure of some Antrix assets and allegedly,
even Government of India assets under the Airports Authority of India in
America.
On the Wild
West style poster advertisement, there are eleven people pictured and accused.
The Indian Finance Minister Nirmala Sitharaman, Antrix Corporation Chairman
Rakesh Sasibhushan, Solicitor General Tushar Mehta, two Supreme Court judges V
Ramasubramanian and Hemant Gupta who wound up Devas Multimedia for massive
fraud, a CBI officer, Enforcement Directorate Director Sanjay Kumar Mishra and
Assistant Director R Rajesh and other officials investigating the case.
The sting
that Vishwanathan is reacting to after all this time is based on Delhi High
Court setting aside, in August 2022, a $ 1.3 billion arbitration verdict in
favour of Devas Multimedia that had been passed in 2015 by the International Chamber
of Commerce. In addition, the Indian government has sought Vishwanathan’s
arrest on charges of corruption. It has also frozen Devas accounts in Mauritius
through the use of the Mutual Legal Assistance Treaty (MLAT) and requested an
Interpol red corner notice for his extradition from the US.
In turn
Devas Multimedia seized $ 87, 457.47 in
cash from Anrrix Corporation’s account in the US, and a property in Paris after getting favourable orders from US,
French and Canadian Courts on the basis of the ICC award.
If it was
not potentially libellous, the advertisement could be considered farcical. It
was designed to embarrass the finance minister during her visit to Washington
to meet with the World Bank, the IMF and others. Will the Government of India
react officially? Probably not, at least they haven’t done so yet.
Ministry of
Information and Broadcasting Adviser Kanchan Gupta however tweeted condemning
the ‘fraudsters’. Several other patriots have also chimed in.
(1,742
words)
October
17th, 2022
For:
Firstpost/News18.com
Gautam
Mukherjee
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