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Application by Comm. of IT, Delhi, u/s 319 and 311 of CrPC on receipt & laundering of bribe money of 2G scam

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Application by Comm. of IT, Delhi, u/s 319 and 311 of CrPC on receipt & laundering of bribe money of 2G scam Powered By Docstoc
					          IN THE COURT OF HON'BLE SRI O.P. SAINI,
               LD. SPECIAL JUDGE, CBI COURT,
               PATIALA HOUSE COURT, DELHI.

                                                 CC Ncs-1/2011
                                         RC/45-A/2009/CBI/ACB
                                                          New Delhi
                                                U/s P.C. Act, 1988.
                                                  NDOH 15.11.2011

IN THE MATTER OF :



                   CBI              Complainant
                                  Vs.

                   A Raja & Ors...Respondents


AN APPLICATION U/S 319 OF Cr. P.C. 1973 READ WITH
SECTION     311 OF Cr.P.C.,       1973    FOR   EXAMINATION      OF
APPLICANT IN ATTENDANCE BEFORE THIS HON'BLE COURT

IN THE    MATTER OF RECEIPT &            LAUNDERING OF BRIBE

MONEY OF 2 G SCAM IN EXCESS OF Rs. 2,000/- CRORES BY
M/S NDTV LTD. THROUGH ILLEGAL HAWALA ROUTE AND
FICTITIOUS        JAMAKHARCH             ENTRIES     AS      SHARE

CAPITAL/CONTRIBUTION OF SUBSIDIRIES OF M/S NDTV
LTD.    HUSHED      UP    THROUGH         BRIBE     AND    ILLEGAL

GRATIFICATION PAID TO CORRUPT GOVT. OFFICERS LIKE

MS. SUMANA SEN (IRS 99005) & TO PROCEED AGAINST
DIRECTORS, OWNERS & EMPLOYEES OF M/S NDTV LTD.
AND    ACCOMPLICE        PUBLIC    SERVANTS        FOR    OFFENCES

UNDER THE PC. ACT, 1988, IPC, 1860, THE IT (P) ACT,
1956, THE O.S. ACT, 1923 AND OTHER LAW FOR WHICH
THEY   ARE TO     BE TRIED     WITH      OTHER ACCUSED       BEING

TRIED IN 2 G SCAM BEFORE THIS HON'BLE COURT.



MOST RESPECTFULLY SHOWETH:



That, the applicant is a citizen of India and is an officer of 1987
Batch of Indian Revenue Service (IRS) working as Commissioner of
Income Tax in Delhi though under orders of transfer to Ranchi and
is competent to invoke the jurisdiction of this Hon'ble Court U/s
319 86 311 of Cr.P.C. 1973 to get himself examined by this Hon'ble
Court in the matter of crime and offences committed in the case of 2
GScam (CC No.-l of 2011 in RC/45-A/2009/CBI/ACB/New Delhi
U/s The P.C. Act, 1988) involving receipt of bribe money in excess
of Rs. 2,000/- Crores in the case of 2GScam currently under trial
before this HonTDle Court by M/s NDTV Ltd., its 100 %owned
subsidiaries {two foreign based companies, M/s NPTV Network
Plc.. uk. and */* NDTV Ne*™** BV. Holland (being 10Q %
owned subsidiaries of M/s NDTV Ltd.) and 5 Indian companies,
M/s NDTV Imagine Ltd., M/s NDTVLife style Ltd., M/s NDTV
Labs Ltd., M/s NDTV Convergence Ltd. and M/s NDTV Media
Services Ltd., (100 %owned subsidiaries of M/s NDTV Ltd., since
merged with M/s NDTV Ltd. to complete the money laundering
exercise)} alongwith directors of subsidiary companies, the
Directors, owners and employees and accomplices of M/s NDTV
Ltd. including culpable Public servants like Ms. Sumana Sen (IRS
99005) etc., for which those/accused persons are required to be
tried with other accused in 2 Gscam before this Hon'ble Court in
the matter of receipt of bribe money in excess of Rs. 2,000/- Crores
of 2 Gscam by M/s NDTV Ltd. on behalf of its accomplice Public
servants, laundering of illegal slush money being bribe money of 2
 Gscam in excess of Rs. 2,000/- Crores through illegal hawala route
 arid fictitious jamakharch entries to show that bribe money as
 Share Capital/Share Contribution of 100% owned subsidiaries of
 M/s NDTV Ltd. thatjwere deliberately and wilfully not disclosed by;
 M/s NDTV Ltd. in its audited accounts with the malafide intent to
 obstruct any inquiry in its laundering of illegal slush funds in
 excess of Rs. 2,000/- being bribe money of 2 GScam though that
 was mandatory.to be disclosed under applicable law, evasion of
 lawful taxes of Govt, in excess of Rs. 1,200/- Crores, embezzlement
 of Public money to the extent of Rs. 1,46,82,836/- through forgery
 and fraud, paying bribe and illegal gratification to Ms. Sumana Sen
 (IRS 99005), DCIT, Circle. 13 (1), Delhi (the then) and Assessing
 Officer of M/s NDTV Ltd. under various Direct Tax Acts (the Estate
 Duty Act, 1953 (34 of 1953), the Wealth-tax Act, 1957 (27 of 1957),
 the Expenditure-tax Act, 1957 (29 of 1957), the Gift-tax Act, 1958
 (18 of 1958), the Income-tax Act, 1961 (43 of 1961), the Super
 Profits Tax Act, 1963 (14 of 1963), the Interest-tax Act, 1974 (45 of
 *1974), the Hotel-Receipts Tax Act, 1980 (54 of 198Q); the
  Expenditure-tax Act, 1987; and any other duty or tax which, having
  regard to its nature or incidence, may be declared by Central Govt.
-«%•*
                 IN THE COURT OF HON'BLE SRI O.P. SAINI,
*£                       LD. SPECIAL JUDGE, CBI COURT,
        ^                PATIALA HOUSE COURT, DELHI.

                                                          CCNO.-1/2011
                                                 RC/45-A/2009/CBI/ACB
                                                             1   New Delhi
                                                      U/s P.C. Act, 1988.
                                                       NDOH 25.11.2011

             TN THE MATTER OF :



                           CBI              Complainant
                                         Vs.

                           A Raja & Ors...Respondents



                                       INDEX



               SI.                  Particulars                    Page
              No.                                                  No.

               1.    Application U/s 319 Cr.P.C, 1973 read        1-31
                     with Section 311 Cr.P.C, 1973.

                     Vakalatnama                                    32




        New Delhi
        Dt. 24-11-2011
                                 Filed through

                                                   Harihar Pratap Singh, Adv.
                                                    405, Lawyers Chambers,
                                                         Patiala House Court,
                                                          New Delhi-110001.
to be Direct Tax} being spouse of Sri Abhisar Sharma, an employee
of M/s NDTV Ltd. who did not intimate the Govt, about that fact,
inspite of mandatory requirements of Rule 4 of CCS (Conduct)
Rules, 1964, violation of which entails imposition of major penalty
including dismissal from Govt, service being all expenses paid free
 pleasure trip to Europe during 12* April, 2005 to 20* April 2005 by
 British Airways Flights BA 142 &BA 143 that cost to M/s NDTV
 Ltd. and thus, payable by Ms. Sumana Sen, in excess of Rs.
 1,00,00,000/- as consideration to first commit offences mentioned
 herein and then hush up those offences, conspiring and conniving
 with Public servants to get inquiries in their offences
 closed/scuttled/blocked, setting up Ms. Sumana Sen (life 99005)
 and Ms. Ashima Neb (IRS 99010), women of dubious repute and
 character involved in the prostitution who had admittedly had and
 who continue to have illicit extra-marital sexual relations with large
 number-of their male colleagues as consideration for not getting
 proceeded against under Service Rules as also The Prevention of
 Corruption Act, 1988 and other law applicable to crime, criminality
  and offences committed by them {Ms. Sumana Sen (IRS 99005) and
  Ms. Ashima Neb (IRS 99010)} as was done by Ms. Sumana Sen in
. Suite No.-10 of Income Tax Guest House on Infantry Road in
  Bangalore during 16* of November, 2005 and 19* of November,
  2005 where she stayed with Sri P.K. Mishra to provide to Sri P.K.
  Mishra and others sexual gratification in lieu of non-initiation of
  vigilance inquiries against her and which she has admitted and
: declared in her T.A. Bills submitted in December, 2005 and as was
                              Ms.
  done by Ms. Ashima Neb @ Ashimina Nele @Smt. Ashima Neb
  in Bangalore during 16* of November, 2005 to 21* of November,,
  2005 to provide sexual gratification to Sri P.K. Mishra and others in
  lieu of non-initiation of vigilance cases against her in the matter of
  illegal losses caused by Ms, Ashima Neb to Public Exchequer to
  gratify one Sri Timmy Khanna, her alleged husband and pimp, theft.
  of secret and confidential records and documents of Govt, through
  bribe and illegal gratification, procuring secret and confidential
  records of Govt, illegally for unlawful benefit when those records
  were denied to M/s NDTV Ltd. under RTI Act, 2005 and M/s NDTV
  Ltd. did not muster courage to challenge that denial order before
  appellate Authorities and superior Courts, etc. of M/s NDTV Ltd.,
  its Directors, employees and accomplice Public servants, etc. who
       are liable to be prosecuted along with other accused persons being
       prosecuted before this Hon'ble Court in 2GScam.

2.     That, had the applicant not been constructively prevented by Sri P.
       Chidambaram, Hon'ble Finance Minister from conducting and
       continuing with the inquiries, in the affairs of M/s NDTV Ltd.
       through fictitious and mischievous Charge Sheets and fraudulent N
       suspension as ordered by Sri P. Chidambaram, Hon'ble Finance
       Minister (the then) on fraudulent charges of sexual harassment,
       sexual assault, molestation and rape of Ms. Sumana Sen (IRS
       99005) and Ms: Ashima Neb (IRS 99010), women of dubious repute
       involved in serial and organized prostitution and prostitutes in
      ' terms of Clause 2 (f) of Section 2 of Immoral Traffic (Prevention) Act,
        1956 and illicit extra-marital sexual relations with large number of
        male colleagues and recruited and deployed by M/s NDTV Ltd. to
        fake^ sexual harassment, sexual assault, molestation and rape, the 2
        G Scam would have got detected in 2007 itself and would have ,
       perhaps got hipped in its bud, sparing the Public Exchequer
       plunder of Public revenue. Applicant is benumbed by desperate and
       hysterical acts of Sri P. Chidambaram who was under oath to
        adhere to the' Rule of law. and to protect and upheld the
        Constitution of the country, to protect and shield M/s NDTV Ltd. in
        its theft of Public money and Public revenue (Rs. 1,200/- Crores of
        lawful taxes) and laundering of illegal slush funds in excess of Rs.
        2,000/- Crores being bribe received by Public servants in 2 GScam
        and commit and allow and sponsor committing of fraud and
        forgeries by his chosen and accomplice IRS officers like debauched
        and serial offenders Sri I>.K. Mishra (IRS 70017), Sri R. Prasad (IRS
        70036), Ms. Sumana Sen (IRS 99005), Ms. Ashima Neb (IRS 99010),
        Ms. R. Bhama (IRS 86018), etc. and to permit and patronize
        organized serial prostitution in Income Tax Deptt. to opiate the pain
        and shock, emanating of his disgusting acts and despicable conduct.

 3;     That, applicant has dealt with the case of M/s NDTV Ltd. in course
        of his official duties as Addl. DlT (Inspection) being in-charge of
        Inspection Division of CBDT and Preventive Vigilance inl.T. Deptt.
        and is aware of evasion of large scale tax by M/s NDTV Ltd. (Rs.
        1,200/- Crores of lawful taxes), embezzlement of Public money (Rs.
        1,46,82,836/-) and laundering of illegal slush funds in excess of Rs.
^hiTr« -m.k (^?hifa the Resort. Deep River, Beau Champ,
^<:i= Mauritius, somber 7009 to October, 2009) who has
been escorting,her clients to Dubai, U.S.A., Mauritius etc. through
the efforts of her pimp Sri Timmy Khanna, also doubling up as her
husband for prostitution; to fake sexual harassment, sexual
assault, molestation and. rep'eated rape by applicant (as was done
by them before-CVC on 2.6.2006 and before CBDT on'6-.6.2006 and
subsequently, before Ms. Indira Bhargava, Chairman, CBDT, Sri
K.M. Chandrasekhar, Revenue Secretary and Sri P. Chidambaram
himself) in course of applicant's efforts to defend him in the wake of
departmental and criminal cases filed against him by those
prostitutes (Ms. Sumana Sen. and Ms. Ashima Neb) and their pimps,
touts and clients like Sri B.K. Jha, DIT (HRD) and Sri S.S. Rana,
Member (Inv.),'CBDT, etc., has learnt more about the crime and
offences of M/s NDTV Ltd. and is of the considered view that money ,
laundered by M/s NDTV Ltd. being about Rs. 2,000/- Crores, is
part of bribe received by Public servants and is confidant that he
can meet the test ofjudicial scrutiny if this Hon'ble Court lets him
examine as prosecution witness and refer to the official records and
documents of Govt, and other authorities.


That, applicant is further strengthened in his assessment that
money (about Rs. 2,000/- Crores) laundered by M/s NDTV Ltd.
belongs to Public servants and is part of @G Scam bribe received
by those Public servants by the despicable and nauseating acts of
Sri P. Chidambaram in preventing the applicant from proceeding
with inquiries against M/s NDTV Ltd. by implicating the applicant
in mischievous and malafide departmental proceedings through
forged and counterfeit records and documents while he was the
Finance Minister (counterfeit Refund Approval Register forged by Sri
P. Chidambaram and his cronies, fictitious Writ Petition and forged
judicial orders of Hon'ble Delhi High Court forged by Sri P.
Chidambaram and his cronies, forged letters in the name of
applicant sent to various authorities, etc., which are articles of
charge pressed against applicant, in Charge Sheet dt. 3.4.2006 U/r
14 of CCS (CCA) Rules, 1965,at the behest of Sri P. Chidambaram),
to name only a few instances of forgery and counterfeiting by Sri P.
Chidambaram and his cronies and mischievous criminal cases
through forged.official records and forged judicial orders after Sri P.
                                                                      7

 Chidambaram became Hon'ble Minister of Home Affairs (FIR No.-
 153 of 2009 U/s 509 of IPC, 1860 by P.S. Barakhambha Road,
 Delhi on tiie allegations of enraging the modesty of Ms. Sumana Sen
 and Ms,. Ashima Neb in September, 2009 and FIR No.-514 of 2009
 U/s 509 and 500 of IPC, 1860 on the allegation^ enraging the
 modesty of Ms. Ashima Neb) and getting the applicant arrested
 twice in the course of the day on 8.1.2010 though offences alleged
 against applicant were bailable and applicant was fully cooperating
 with the Police and wherein applicant was "granted bail by the Court
 immediately. The desperation and malafide of Sri P. Chidambaram
 to scare and intimidate the applicant to give up his quest for justice
 in the matter of laundering of money by M/s NDTV Ltd. and
 consequent and resultant persecution heaped upon him for having
 discharged his duties as per law and the utter helplessness of CBI
 and its decision making hierarchy, who are under the Cadre Control
 authority of Sri P. Chidambaram being Hon'ble Minister of Home
 Affairs, further corroborates reasonable assessment of applicant
 that money laundered by M/s NDTV Ltd. is part of bribe received by
 Public servants in 2 G Scam.      '



 That, M/s NDTV, has historically been accused of paying bribe to
   Public servants to get illegal and unlawful benefits and then hush
'" up its crime and criminality and has been prosecuted for that by,
 inter-alia, CBI among other investigating agencies. One such FIR
 registered by CBI against M/s NDTV Ltd. and Sri Pronoy Roy {FIR
 No.-RC.2(A)/98 SCU (II), dt. 9.1.1998 U/s 120 B IPC r/iv 13 (2)
 r/w 13 (1) (d) of P.C. Act, 1988 and substantive offences
 naming Sri Pronoy Roy, MD, M/s NDTV Ltd. and M/s NDTV Ltd.
 & Ors as accused), which is only illustrative and not exhaustive
 compilation of •criminal activities of M/s NDTV Ltd., is being relied
 upon by the applicant to support the submissions made herein.

 That, corrupt and unlawful acts and conduct of M/s NDTV Ltd.
 involving the inquiry initiated by applicant against that company in
 2006-07 was judicially noticed though not proceeded against
 because of technical reasons by Hon'ble Delhi High Court in Court
 On Its Own Motion vs State Arid Others, Crl. /W.P. No.-796 of 2007,
 judgment dt. 21.08.2008 and is extracted as under-
%
                                                                                  8

                "45. As far its Mr. Anand is concerned, he stated in his
                affidavit dated 3rd October, 2007 that he was handed over a
                file containing serious., allegations .of a tax fraud committed by
                NDTV and some other entities. He was in the process of settling
                a First Information Report to the police and initiating a public
                interest litigation in connection with the tax fraud. NDTV was
                aware of the fact that Mr. Anand was in possession of the
                relevant- papers and so the telecast was made on 30th May,
                2007 to deter him from bringing the tax fraud out in the open."


    8.    That, the applicant states that M/s NDTV Ltd. and its owners,
          Directors, employees, inculpable Public servants like Ms. Sumana
         ~ Sen, Ms. Ashima Neb, etc. and accomplices has committed various
          offences under various acts by receiving bribe money of 2 G Scam in
          excess of Rs. 2,000/- Crores on behalf of corrupt Public servants,
          laundering bribe money of 2 G Scam in excess of Rs. 2,000/- Crores
          through illegal hawala route and fictitious jamakharch entries of
          Share Capital/Share contribution of two foreign based companies,
          M/s   NDTV Network Pic.. U.K.        and M/s     NDTV Network BV.

         Holland which has not been disclosed by M/s NDTV Ltd. in its
         accounts submitted to Registrar of Companies and Income Tax1
         authorities though that was mandatory to be disclosed and has got
         the matter hushed up by paying bribe and providing illegal
         gratification to corrupt Public servants like Sri R. Prasad (formerly
         CCIT, Delhi V and presently Member, Competition Commission of
         India), Sri A.K. Handa (formerly CCIT, Delhi V and presently Income
         Tax Ombudsman), Sri P.K. Mishra and Ms. Sunita Kaila (both
         former CVOs of CBDT), Sri N.C. Joshi, (formerly CIT (OSD) (Vig) in
         the O/o CVO, CBDT and presently CCIT in Mumbai), Ms. Kiran O.
         Vasudev (formerly DIT (Vig), North and presently CCIT in Mumbai),
         Sri BPS Bisht (formerly CIT (Vig) in CBDT and presently CIT in
         Kanpur), Sri N.K. Sangwan (formerly DIT (Vig) North and currently
         CIT in Mumbai), Sri Prakash Chandra (formerly CIT, Delhi V), Sri
         S.S.N. Murthy (formerly Chairman, CBDT), Ms. Sumana Sen
         formerly Assessing Officer of M/s NDTV Ltd.), Sri B.K. Jha, Sri S.S.
         Rana, Ms. Ashima Neb, Ms. R. Bhama, etc.-and by getting applicant
         implicated in false criminal -and departmental through forged and
         fabricated records and documents and women of dubious, repute,
         character and reputation like Ms. Sumana Sen (IRS 99005) and Ms,
         Ashima Neb @ Ms. Ashimina Nele @ Smt. Ashima Neb being
         prostitutes involved in illicit extra-marital sexual relations with
         several of male colleagues and on the pay-roll of M/s NDTV Ltd. and
its owners/ Directors and employees, based upon which Sri P.
Chidambaram, Hon'ble Finance Minister (the then) issued 2 Charge
sheets to applicant and placed him under suspension on allegations
of sexually harassing, molesting, sexually assaulting and raping Ms.
Sumana Sen and Ms. Ashima- Neb, at their homes/in NOIDA and
offices in Delhi, keeping him under illegal suspension during the
period M/s NDTV Ltd. was busy laundering the illegal slush funds
in excess of Rs. 2,000/- Crores being bribe received in 2 G Scam by
Public servants with the malafide intent and motives to stall inquiry
in the affairs of M/s NDTV Ltd. as that would have led the applicant
to money laundering exercise of M/s NDTV Ltd. and possibly even
the real recipient of bribe in 2 GScam who had to be someone who
was the decision maker and who had either not taken the decision
required to be taken or who had taken some decision that was not
required to be, undertaken by that person/ authority in the facts
and circumstances of the case.


That, crime, criminality and offences of M/s NDTV Ltd. is evident
from its having concealed affairs of its 100 % owned subsidiaries
M/s NDTV Network Pic U.Kr and M/s NDTV Network BV, Holland
by not including those subsidiaries in its audited accounts and
although M/s. NDTV Ltd. moved application before Ministry of
Corporate Affairs for condoning of its lapse, it did not disclose and
has not disclosed those subsidiaries till date when it has received
huge amount of money allegedly through Private Placements in
those companies subsequently brought into M/s NDTV Ltd. via
Mauritius and another set of subsidiaries {M/s NDTV Imagine Ltd.,
M/s NDTV Life style Ltd., M/s NDTV Labs Ltd., M/s NDTV
Convergence Ltd. and M/s NpTV Media Services Ltd., (100 %owned
subsidiaries merged with M/s NDTV Ltd. to complete the money
laundering exercise)} and thus it is clear that omission to include
and ^w»'m/s NF>TV Network Pic...U.K. and M/s NDTV Network
BV. Holland in its audited accounts by M/s NDTV Ltd. was
deliberate and wilful aimed at preventing scrutiny of affairs of those
subsidiaries, as that would have revealed money laundering and
receipt of unaccounted money by M/s NDTV Ltd. and would have
 also led to the real owner/recipient of bribe in 2 G Scam, on whose
 behalf, M/s NDTV Ltd. has laundered the bribe money.
                                                                             10

# 10. That, it is ridiculous that when no one was willing to invest in M/s
          NDTV Ltd. with all its profile and businesses, Private investors
          chose to dump their money in little known Letter Box Shell
          companies Ws NDTV Network Pic. U.K. and M/s NDTV Network
          BV. Holland) which had no business, no Share Capital base, no
          projects in hands, no offices, no.staff and absolutely no activity to
                             that
          attract investment^ those subsidiary companies are claimed to
          have attracted by M/s NDTV Ltd. and which was in any case
          concealed by M/s NDTV Ltd. from scrutiny by excluding that from
          its audited accounts when M/s NDTV Ltd. was unable, with all of
          its and inspite of its profile to attract any investment or ,any
          investor, either in Public domain or through Private Placement.

    11.   That, farce and fraud of M/s NDTV Ltd. is evident from the one way
          journey of money in those subsidiaries i.e. M/s NDTV Network Pic,
          III, and M/s NDTV Network BV. Holland where money received
          through alleged Private Placements was first taken to Mauritius andJ
          then brought into books of M/s NDTV Ltd. through its Indian
          subsidiaries which makes one squirm in utter astonishment that if
          someone was interested in investing in M/s NDTV Ltd,, why was
          that investor taking so much trouble to carry its money through so
          much travelling i.e. first investing in little known companies in U.K.
          and Holland, then carrying that money to Mauritius, then bringing
          that into another set of subsidiaries of M/s NDTV Ltd. and finally
          getting that money parked in M/s NDTV Ltd., when that investor
          could have, very easily invested directly in M/s NDTV Ltd.
          Obviously, someone was attempting to hide something and M/s
          NDTV Ltd. was aiming tq lose the tr^il of money brought into its_
          books, which alone warranted inquiry in its affairs and to prevent
          which M/s NDTV Ltd. did not and has, till date, not disclosed the
          affairs of M/s NDTV Network Pic. U.K. arid M/s NDTV Network BV,
          Holland in its audited accounts, though that was mandatory and
          has not been permitted to M/s NDTV Ltd. by Ministry of Corporate
          Affairs while condoning its lapses.


    12.   That, fraud and farcical alibi of M/s NDTV Ltd. is further clear from
          the fact that M/s NDTV Network Pic, U.K. and M/s NDTV Network
          BV. Holland while having made investments in Indian subsidiaries
          of M/s NDTV Ltd. (M/s NDTV Imagine Ltd., M/s NDTV Life style
                                                                           11

      Ltd., M/s NDTV Labs Ltd., M/s NDTV Convergence Ltd. and M/s
      NDTV    Media    Services    Ltd.)   did not     ask    for   matching
•     allotment/allocation of shares of M/s NDTV Ltd. when those
      subsidiaries were merged with M/s NDTV Ltd. and legally and
      financially, investments of M/s NDTV Network Plc/UX and M/s
      NDTV Network BV. Holland came to cease forever with the merger of
      companies in' which those investments were; made by those
      companies. It is diabolically horrendous that why investors in M/s
      NDTV Network Pic. U.K. and M/s NDTV Network BV, Holland •
      would agree for such criminal and unlawful misappropriation and
      disappearance of its money and investment by the acts of M/s
      NDTV Ltd., which is what happened by the merger of subsidiaries of
      M/s NDTV Ltd. with that company i.e. M/s NDTV Ltd:

13.   That, fraud and farcical alibi of M/s NDTV Ltd. is also clear from
      the fact that M/s NDTV Network Pic. U.K. and M/s NDTV Network
      BV. Holland have not paid any dividend or given any return to any
      of its so-called Private or otherwise investors, which is tell-tale sign
      of ownership of money invested in those companies lying with none
      but M/s NDTV Ltd. itself and to prevent scrutiny of which, M/s
      NDTV Ltd. did not disclose and include the affairs of M/s NDTV
      Network Pic. U.K. and M/s NDTV Network BV. Holland in its
      audited accounts arid has riot disclosed and included till date which
      was never permitted by Ministry of Corporate Affairs.


14.   That, it is quite widespread to launder legal blackmoney through
      jamakharch entries as Share Capital and with far less effort and
      expenditure, M/s NDTV Ltd. would have got that done had its
      blackmoney been legal, i.e. generated in legal business but not
      accounted for paying taxes under various taxation laws.) However,
      the blackmoney with M/s NDTV Ltd. being illegal blackmoney i.e.
      generated in illegal activities and then concealed from taxation
      authorities not only to avoid paying taxes on that but also to cover
      up the source of that money as any inquiry in the taxability of that
      money would have ted to its source i.e. bribe received by Public
      servants in 2 G Scam'and to avoid that, M/s NDTV Ltd. took the
      trouble of floating 100% owned subsidiaries in U.K. and Holland,
      introducingits illegal slush money in those subsidiaries as Private
      Placements, carry that money first to Mauritius and then to Indian
                                                                        12

     subsidiaries and to merge those subsidiaries with M/s NDTV Ltd. to
     complete the laundering and parking exercise of illegal slush money
    in excess of Rs. 2,000/- being bribe received by Public servants in 2
  • GScam, taking about 4 years to complete the work that would have
    taken maximum of 6 months, had that been done through normal
     jamakharch entry operators.
                         '                 •   <   f
15. That, Inspection of the case of M/s NDTV Ltd. that was undertaken
     by the applicant in the matter of allowance of inadmissible
     deductions U/s 80 HHF of I.T. Act, 1961 to M/s NDTV Ltd. and the
     dubious role of Ms. Sumana Sen. in facilitating that fraud, would
     have certainly led the applicant to the laundering of illegal slush
     funds in excess of Rs. 2,000/- Crores that was underway at the
     time, applicant had undertaken the Inspection of the case of M/s
     NDTV Ltd. and desperate to stall that, Ms/ NDTV Ltd. used its
     influence with. Sri P. Chidambaram, Hon'ble Finance Minister (the
     then) and got,issued to applicant a Charge sheet through fake,
     forged, fabricated and counterfeit records and documents and when
     that also did not seem toworking, it deployed Ms. Sumana Sen and
      Ms. Ashima Neb being on its pay-roll and involved in prostitution
     and illicit extra-marital sexual relations with large number of male
    . colleagues as consideration to evade inquiries in their acts of
      corruption and embezzlement of Public money and Public revenue
      in excess of Rs. 3,00/^ Crores escorting their Clients as wives under
      fake and incorrect names (as was done by Ms. Ashima Neb who
      escorted her clients as Ms. Ashimina Nele and signed Guest
      Registers as Smt. to cover up her prostitution) and staying in Hotels
      and Guest Houses as man and wife (as was done by Ms. Sumana .
      Sen wh6 stayed with Sri F.K. Mishra in Suite No-10 of Infantry
      Road Guest House of Income Tax Deptt. in Bangalore to provide
      sexual gratification to Sri P.K. Mishra and others) to fake sexual
      harassment, sexual assault, molestation and repeated rapes by the
      applicant and through such despicable and nauseating ploy, Sri P:
      Chidambaram removed the applicant from the trail of M/s NDTV
      Ltd. and saved that company from the lawful consequences of its
      unlawful activities by placing him under suspension and extending
      the suspension repeatedly even.;when Hon'ble Courts kept quashing
      the suspension of the. applicant. The conduct of Sri P.
      Chidambaram is bizarre.
                                                                                  13

# 16. That, applicant is amply supported in his conclusions by the
               strange conduct of Sri Milap Jain, DGIT (Inv.)-, Delhi who did not
               allow operation U/s 132 (1) of I.T. Act, 1961 in 2008 in the case of
               M/s NDTV Ltd. in an independent investigation conducted by
           •   another officer completely independent of inquiries by applicant
               even though there were adequate and overriding evidence collected
               by that officer to warrant such action and insured that investigation
               in the affairs of M/s NDTV Ltd. got stalled and did not proceed at
               all. Obviously, the Finance Ministry headed by Sri P. Chidambaram,
               did not want any investigation in the case of M/s NDTV Ltd. and
               was keen to let it have free run.



   17.         That, it is matter of record that M/s NDTV Ltd. has not disclosed
               the accounts of two foreign based companies, M/s NDTV Network
               Pic, U.K. and M/s NDTV Network BV. Holland its 100 % owned
               subsidiaries in its accounts where it was raising huge amounts of
               money in the garb of Share Capital/Share contribution being
               fictitious jamakharch entries that was mandatory and though it got
               the lapse ex-post facto condoned by Ministry of Corporate Affairs, it
               did not disclose the affairs of those two companies even then and
   .           thus perpetuated the illegality and criminality, but no action was
               permitted by superior authorities in.the case of M/s NDTV Ltd,
               though that was exactly what was recommended by concerned
               investigations officers. Obviously, someone high enough in the
               Ministry of Finance headed by Sri P. Chidambaram, did not want
       '       investigation in the affairs of M/s NDTV Ltd., as that would have
                       .   • •    ~j
               revealed not only the money laundering exercise of M/s NDTV Ltd.,
               but its linkage with the 2 G-Scam and possibly the owner of bribe
               money of about Rs. 2,000/- Crores that was being laundered by
               M/s NDTV Ltd. during that period.


 ' 18.         That, present applicant, while working as Addl. DIT (Inspection), in-
               charge of Inspection Division Of CBDT and Preventive Vigilance set
               up in Income Deptt. that functions administratively under the
               control of CBDT but for technical supervision and control works
               under Comptroller & Auditor General of India and Public Accounts
               Committee of Parliament, received credible intelligence that Ms.
               Sumana Sen, DCIT Circle 13 (1), Delhi, whose spouse Sri Abhisar
               Sharma was an employee of M/s 'NDTV Ltd. (during October, 2003
                                                                        • -14

      to October, 2007) has not complied with the requirements of Rule 4
      of CCS (Conduct) Rules," 1964 to,disclose and intimate the Govt,
      about the- employment status of her spouse Sri Abhisar Sharma
      with private companies/firm and by concealing that crucial and
      material fact from Govt., got her appointed as Assessing Officer of
      M/s NDTV Ltd. under various Direct Tax Acts referred to in Para 1
      and has conspired and connived with M/s NDTV Ltd. in theft of
      Public revenue and Public money in excess of Rs. 2,00/- Crores.


19.   That, on formal action, allegations were found to be correct and
      applicant ordered an inspection of M/s NDTV Ltd. whereby an
      Inspection Note was raised by applicant on 7.3.2007 and sent to
      CCIT, Delhi V which was accepted by the Govt, and assessment of
      M/s NDTV Ltd. for A.Y. 2002-03 was cancelled U/s 263 of I.T. Act,
      1961 by CIT, Delhi V on 29.3. 2007 with directions to Assessing
      Officer do the assessment de-novo which was duly done on• 31.12,
      2007 accepting the findings of applicant and making appropriate
      additions and bringing additional revenue to Public Exchequer that
      was hitherto evaded by M/s NDTV Ltd. in collusion with corrupt
      Public servants like Ms. Sumana Sen and others.


20.   That, subsequently, applicant in course of his defence in various
      departmental inquiries set up against him by Sri P. Chidambaram,
      Hon'ble Finance Minister (the then) learnt that Ms. Sumana Sen
      was paid bribe arid provided with illegal gratification by M/s NDTV
      Ltd. to facilitate evasion of not only the lawful taxes due to Public
      Exchequer but also laundering of illegal slush funds in excess of Rs..
      2,000/- Crores, that was part of bribe,.etc received in 2 G Scam by
      corrupt Public 'servants in a position to take decisions.


21.   That, Ms. Sumana Sen and Ms. Ashima Neb, in course of
      proceedings before the Court ofld. CJM, NOIDA, U.P. in the matter
      of directions of Court U/ s ,156 (3) for registration of FIR^ for being
      involved, inter-alia,in prostitution, etc. has claimed that because of
      complaints   of applicant     certain   inquiries/investigation   were
      undertaken by CBI against them and CBI officers visited the O/o
      CCIT (CCA), Delhi and after inspecting the records, exonerated them
      of all the allegations of bribe taking, etc. that was alleged by
                                                                                  15

               applicant in his complaints against those women i.e. Ms. Sumana
               Sen (IRS 99005) and Ms. Ashima Neb (IRS 99010).

        22.    That, it is correct that applicant has lodged complaints against Ms.
v   •
               Sumana Sen, and Ms. Ashima Neb but he is not. aware of any
               investigation .by CBI in the case of M/s NDTV Ltd. and its having
               paid bribe and provided illegal gratification to Ms*. Sumana Sen and
               Ms. Ashima Neb and its having given clean chits to those women, as
               has been claimed by them and in the wake of the scandalous claims
               of Ms. Sumana Sen and Ms. Ashima Neb,1 applicant approached the
               CBI stating the details of crime and criminality of M/s NDTV Ltd.
               and its accomplice Public servants offering to affirm his
               submissions on oath and U/s 164 of Cr.P.C, 1073 but inspite of
               Herculean efforts, has not been able to secure the attention of CBI.
                                              j

               It is to be noted that Sri P. Chidambaram is incumbent Minister of
               Home Affairs, Govt, of India which is the Cadre Controlling
               Authority of Indian Police Service and which can invoke article 311
               (2) of the Constitution qua IPS officers, who comprise the entire
               decision taking cadre of CBI.
                               \„


        23.    That, the letters of applicant addressed to CBI are as under


        go 1   Letter dt. 28.9.2011

               To                                                    Dt. 28.9.2010.
                                                         (THROUGH PROPER CHANNEL)
                      The. Director,      •                       (ADVANCE COPY)
                      Central Bureau of Investigation,                   PRIORITY/
                      BlockNo. 4, 6th Floor, CGO Complex,     CORRUPTION MATTER
                      LodiRoad, New Delhi-110003," SECRET & CONFIDENTIAL
                           ' (Kind Attention-Joint Director. ACB. Delhi Zone)

               Sir,

                      SUB : Payment of bribe and illegal gratification by M/s
                             NDTV Ltd. to Public servants and. other crime and
                             offences-pleadings of Ms. Sumana Sen (IRS 99005)
                      •      arid others in proceedings before the Court of Ld.
                           • CJM, Gautam Buddha Nagar,NOIDA-reg.

                      Tn the- nourse of proceedings U/s 156 (3) before the Court of
               Ld. CJM. Gautam Buddha Naaar. NOIDA for registration of FIR,
               investigation of offences and submission of report by Police to Court
               in the matter of offences by Ms. Sumana Sen (IRS 99005), Joint
               Commissioner of Income Tax, Range-21., Room No.-D/S, Vikas
               Bhawan, LP. Estate, New Delhi 110002 and her accomplices
               under D?C, 1860, Cr.P.C, 1973, Prevention of Corruption Act,
                                                                      16

1988, Official Sscrets Act, 1923 and Immoral Traffic
(Prevention) Act, 1956 committed within the jurisdiction ofNOIDA
Court, prime accused i.e. Ms. Sumana Sen and Ms, Ashima Neb has
alleged that because of complaints filed by me, CBI has registered
cases against-Ahem and their associates and -they are getting
harassed.

2      Ms Sumana Sen and Ms. Ashima Neb further alleged that
officers from O/o Sri Verma, Senior Superintendent of Police, ACB,
CBI Delhi visited the office of CCIT (CCA), Delhi to inspect records
and found nothing incriminating against them and have cleared them
of all the allegations of bribe and illegal gratification allegedly taken
by them from M/s NDTV Ltd. in lieu of having facilitated the evasion
of lawful Public revenue in excess of Rs. 12,00/- Crores,
laundering of illegal black money to the extent of Rs. 2,000/-
Crores through illegal hawala route, embezzlement of Public
money to the tune of Rs. 1,46,82^836/-, criminal conspiracy,
cheating, forgery and fraud by Public servants to plunder
Public Exchequer and procure bribe and illegal gratification,
criminal breach of trust by Public servants, etc., that has, been
since made by me against them.

3.    I have no means to verify the authenticity of the claims of Ms.
Sumana Sen and Ms. Ashima Neb nor do I know about any
investigation carried out by CBI in the matter but it is matter ofrecord
that I have, in course of my official duties had detected and reported
evasion of lawful Public revenue in excess ofRs. 2,00/- Crores
by M/s NDTV Ltd. in the matter of bogus claim and allowance of
deductions U/s 80 HHF of IT. Act, 1961, laundering of illegal
slush funds of about Rs. 2,0PO/- Crores by M/s NDTV Ltd. that is
most likely political kickback in 2 G scam belonging to a powerful
Tamilnadu based politician having Prime Ministerial ambitions
through illegal hawala and jamakharch entries routed through two
foreign based companies, namely M/s NDTV Network Pic. U.K. and
M/s NDTV Network BV, Holland (being 100 %owned subsidiaries
of M/s NDTV Ltd.) and 5 Indian companies, namely M/s NDTV
Imagine Ltd., M/s NDTV Life style Ltd., M/s NDTV Labs Ltd., M/s
NDTV Convergence Ltd. and M/s NDTV Media Services Ltd.,
(again 100 %owned subsidiaries of M/s NDTV Ltd., since merged
with M/s NDTV Ltd. to complete the money laundering exercise),.
embezzlement and misappropriation of Rs. 1A6.82.836/- from
Govt, account fin criminal conspiracy with Ms. Sumana Sen and
other Public servants, payment of bribe and illegal gratification to
Public servants like all expenses void pleasure trip to M/s
Sumana Sen costing about Rs. U00.00.006/- in April, 2005
(performed during 12th April, 2005lto 20* April, 2005 by British
Airways Flights No.-BA 142 and BA 143), criminal conspiracy,
cheating, forgery, fraud, criminal breach of trust by Public servants,
etc. and do accept the responsibility for my official communications.
4.    Apart from M/s NDTV Ltd., its Directors and past and present
employees; Public servants being serving and retired IRS officers,
namely Sri R. Prasad (formerly CCIT, Delhi Vand presently Member,
Competition Commission of India), Sri A.K. Handa (formerly CCIT,
Delhi Vand presently Income Tax Ombudsman), Sri P.K, Mishra and
Ms. Sunita Kaila (both former CVOs of CBDT), Sri N.C. Joshi,
(formerly CIT (OSD) (Vig) in the O/o CVO, CBDT and presently CCIT in
Mumbai), Ms. Kiran O. Vasudev (formerly DIT (Vig), North and
                                                                                                   17

„J^-,   -'••                 presently CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDT
''*'                         and presently CIT in Kanpixn),S^ri N.K. Sangwan (formerly DIT (Vig)
                         North and currently CIT in Mumbai), Sri Prakash Chandra (formerly
I' I                     CIT, Delhi V), Sri S.S.N. Murthy (formerly Chairman, CBDT), Ms.
                         Sumana Sen fprrnerly Assessing Officer of M/s NDTV Ltd.), Sri B.K.
                         Jha, Sri S.S. Raha, Ms. Ashima Neb, Ms. R. Bhama, etc. are directly
                         involved and have unlawfully benefited from the loot and plunder of
                         Public Exchequerand theft and misappropriation ofpublic money'by
                         M/ s NDTV Ltd. and its accomplice Public servants.

                         5. As Ms. Sumana Sen and- Ms. Ashima Neb, accused of
                         prostitution and other assorted offences before the Court of Ld. CJM,
                         Gautam Buddha Nagar, are claiming that they have been exonerated
I                        bU the CBI/its officers, which may even not be correct and may be
                         concocted story to mislead the Court, I may state, with full
 i                       responsibility, that assertions of Ms. Sumana Sen and Ms. Ashima
                         Neb about their crime and offences and those of M/s NDTV Ltd. is
                         incorrect andmy reports to Govt, about those offences are borne
                         out by the records and documents of Govt, andean be proved
                         in Court.


                         6.       I am willing to affirm my submissions made,in my official
                        reports on affidavit and can be examined by CBI, if necessary, U/s
                        164 ofCr.P.C, 1973 before Magistrate/Special Judge/CBI Court.
                        7.       In the circumstances, I would request for an audience with
                        Director, CBI, or in case that is not feasible, with some senior officer
                        preferably at the level ofJoint Director, ACB, etc. to substantiate my
                        reports about loot and plunder ofPublic Exchequer by corrupt Public
                        servants in lieu of bribe and illegal gratification provided by M/s
                        NDTV Ltd. and received by those Public servants.
                        8.       As matter is ,of extreme national importance, I would seek and
                       requestfor an eraly consideration ofmy above request.

                                          •                                    Yoiirsfaithfully

                                                                               (S.K. Srivastava)
                                                                                    (IRS 87052),
                                                                                Commissioner,
                                                                         O/o CCIT (CCA), Delhi.
                                                                                 9013852825:

               21.2   Letter dt. 30.10.20il


                      To,
                                                                             Dt. 30.10.2010.
                                                                  (THROUGH PROPER CHANNEL)
                                The Director,                            (ADVANCE COPY)
                                Central Bureau ofInvestigation,                  PRIORITY/
                                Block No. 4, 6th Floor, CGO Complex,   CORRUPTION MATTER
                                LodiRoad, New Delhi-110003,         SECRET & CONFIDENTIAL
                      Sir,


                                SUB : Payment of bribe and illegal gratification by M/s
                                     NDTV Ltd. to Public servants and other crime and
                                     offences-stand of Ms. Sumana Sen (IRS 99005)
                                                                                         18

I'             #.                  g.nd others in proceedings before the Court ofLd.
                                   CJM, Gautam Buddha-Nagar, NOIDA-reg.

                              REF:Representation dt. 28.9.2011 on subject above.

                           . Further to and in continuation of my representation dt. 28.9,
                     2011, which is pending consideration with CBl, it is submitted that of
                     payment of bribe and illegal gratification by M/.s NDTV Ltd. to Ms.
                     Sumana Sen, etc. is made outfrom the avermentspf Ms. Sumana Sen
                     on affidavit before Hon'ble Delhi High Court in CWPNO.-1373 of2011
                     titled Sumana Sen & Anr. Vs. UOI& Ors. wherein undersigned was
                     impleaded as Respondent Nq.-5. Copy of the Writ Petition (C) No.-
*"                   1373 of2011 is enclosed at FJag_A.

     • • • .         2.   At Para 3.43, Page 17 of the Writ Petition (C)No.-1373 of2011,
                     Ms. Sumana Sen has averred that a yearly vacation abroad with
                    family, was part of the salary package of Sri Abhisar Sharma from'
                     M/s NDTV Ltd. and she merely availed that benefit as wife of Sri
                     Abhisar Sharma. However, Ms. Sumana Sen did not enclose any
                    proof or copy of the said service package of her spouse Sri Abhisar
                    Sharma in respect of his employment with M/s NDTV Ltd. while his
                    wife Ms. Sumana Sen was working as Assessing Officer of M/s
                    NDTV Ltd. for all the Direct Tax Acts and had issued an illegal
                    Refund of Rs. 1,46,82,836/- in AY*. 2004-05 in lieu of bribe and
                    illegal gratification paid by M/s NDTV Ltd., and received by Ms.
                     Sumana Sen, DCTT Circle 13 (1), Delhi.

                    3.    Not only Ms. Sumana Sen did never intimate Govt, though
                    mandatory under Rule 4 of CCS (Conduct) Rules, 1964 and non
                    compliance of which entails imposition of major penalty including
                    dismissal from Govt, service, that her husband Sri Abhisar Sharma.
                    was an employee of M/s NDTV Ltd., not even when she became
                    Assessing Dfficer of M/s NDTV Ltd. in August, 2004 and passed
                    Assessment Orders and issued Refunds on 28.3.2005, but has never
                    taken the plea before she filed the Writ Petition No.-1373 of 2011that
                    a yearly vacation abroad with family was part of the salary package
                    of Sri Abhisar Sharma and'it was that vacation which she had
                    availed in April, 2005.

                    4.      Further, .claim of Ms. Sumana Sen that Sharma a yearly
                    vacation abroad with family was part of the salary package of Sri
                    Abhisar Sharma is not borne outfrom the records, as-

                    i).     No such benefit i.e. annual vacation abroad with family at the
                            cost of employer i.e, M/s NDTV Ltd. as part of salary package
                            of Sri Abhisar Sharma was included in the Service Contract of
                            Sri Abhisar Sharma for his employment with M/s NDTV Ltd.
                            and Ms. Sumana Sen has merely concocted the story to cover
                            up her having received bribe and illegal gratification from M/s
                            NDTV Ltd. in lieu offavours granted, by her.

                    ii).    No such service contract has ever been enclosed by Sri Abhisar
                            Sharma with his Returns of Income for the A.Ys. 2004-05,
                            2005-06, 2006-07, 2007-08 & 2008-09 relevant for P.Ys:/FYs.
                            2003-04, 2004-05, 2005-06, 2006-07 & 2007-08 respectively;
                            covering the period of his employment with M/s NDTV Ltd. nor
                           . was any such service contract annexed with the Writ Petition
         '(C) No.-1373of20U bi/Ms. Sumana Sen before Hon'ble Delhi
         High.CQurt,                                          ,

in)      No such perquisite i.e. annual vacation abroad with family at
         the cost =0/ employer i.e. M/s NDTV Ltd. as part of salary
         package is disclosed by Sri Abhisar Sharma in his Income Tax
         Returns for the period ofhis employment with M/s NDTV Ltd.
         ie October, 2003 to October, 2007 being A. Ys. 2004-05, 2005-
         06 2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys.
         2003-04, 2004-05, 2005-06, 2006-07 &2007-08,
iv)      No such perquisite i.e. annual vacation abroad with family at
         the cost of employer ie. M/s NDTV Ltd. ^as part of salary
         package of Sri Abhisar Sharma is disclosed by M/s NDTV Ltd.
         in its TDS Returns for the period of his employment of Sn
         Abhisar Sharma by M/s NDTV Ltd. i.e. October, 2003 to
         October, 2007 being A.Ys. 2004-05, 2005-06, 2006-07, 2007-
         08 & 2008-09 relevant for P.Ys./F.Ys. 2003-04, 2004-05,
         2005-06, 2006-07 & 2007-08 respectively,
v)       No such perquisite ie. annual vacation abroad with family at
         the cost of employer ie. M/s NDTV Ltd. as part of salary
         package is disclosed by M/s NDTV Ltd. in Form No.-XVI issued
         by it to Sri Abhisar Sharma for the period ofhis employment by
         M/s NDTV Ltd. i.e. October, 2003 to October, 2007 being A.Ys.
         2004-05 2005-06, 2006-07, 2007-08 & 2008-09 relevant for
         P.Ys./F.Ys. 2003-04, 2004-05, 2005-06, 2006-07 & 2007-08
         respectively,

vi)      No such vacation abroad was allowed to Sri Abhisar Sharma
         during the FY. 2003-04, 2005-06, 2006-07 & 1207-08 when
         too he was employed by M/s NDTV Ltd. i.e. period during
         October, 2003 To October, 2007 and therefore claim of Ms.
         Sumana Sen that a yearly vacation abroad for self and family
         was part ofthe salary package of Sri Abhisar Sharma isfarce
         and afterthought to cover up receipt of bribe and illegal
         gratification by Ms. Sumana Senfrom M/s NDTV Ltd.,
 vii).   No such perquisite has been allowed by the next employer of
         Sri Abhisar Sharma where he was drawing substantially
         higher salary,

 viii). no such perquisite was allowed by M/s NDTV Ltd. as part of
        salary package of other similarly placed and even higher
         status employees.                                        ^

 5.       The all expenses paid free pleasure trip to Europe as provided
 to Ms. Sumana Sen and the amount spent by M/s NDTV Ltd. x>n
pleasure trip ofMs. Sumana Sen to Europe during 12* April, 205 to
20th April, 2005 by British Airways Flights BA 142 & BA 143, was
plain and simple bribe paid to Msl: Sumana Sen. consideration for and
 in lieu of her having facilitated-
 i).     Illegal issuance of unlawful Refund of Rs. 1,46,82,836/- in
         A.Y. 2004-05 on 28.3.2005 to M/s NDTV Ltd.,

 ii).    Evasion of tax in excess of Rs. 2,00/- Crores in the matter of
         fraudulent and inadmissible claims of M/s NDTV Ltd. U/s 80
                                                                    20

        HHF of IT. Act, 1961 by not reporting the matter U/s 263 of
        IT. Act, 1961,

Hi).    Laundering of illegal slush funds of more than Rs. 2,000/-
        Crores, most likely part of bribes, etc. of 2 G Scam, through
        illegal hawala route and jamakharch entries by M/s NDTV Ltd.
        and corresponding evasion of about Rs. I,2p0/- Crores of
        lawful taxes,       '

iv).    Unlawful access to secret and confidential records and
        documents of Govt, stolen,by Ms. Sumana Sen from the O/o
        CCH, Delhi, for providing to M/s NDTV Ltd. and its foreign
        associates,

6.   The records that show the falsity ofclaim of Ms. Sumana Sen
and show that the amount spent by M/s NDTV Ltd. on pleasure trip
of Ms. Sumana Sen to Europe during 12th April, 205 to 20th April,
2005 by British Airways Flights BA 142 & BA 143 was plain and
simple bribe paid to Ms. Sumana Sen are as under and are available
with-

i).     Returns of Income of Sri Abhisar Sharma for the period
        October, 2003 to October, 2007 ie. A.Ys. 2004-05,     2005-06,
        2006-07, 2007-08 & 2008-09 relevant for P.Ys./F.Ys.   2003-04,
        2004-05, 2005-06, 2006-07 & 2007-08 respectively,     available
        with ACIT Circle 47 (1), Delhi, 3rd Floor, Mayur      Bhawan,
        Connaught Circus, New Delhi-110001,

ii).    TDS Returns of M/s NDTV Ltd. for the period October, 2003 to
        October, 2007 ie. A.Ys. 2004-05, 2005-06, 2006-07, 2007-08
        & 2008-09 relevant for P.Ys./F. Ys. 2003-04, 2004-05, 2,005-
        06, 2006-07 & 2007-08 respectively, available with CIT (TDS),
        Delhi, 6th Floor, Aayakar Bhawan, City Centre, Lakshmi Nagar,.
        New Delhi-110092,       y

Hi).    Back up files of DIT (System), ARA Centre, Jhandewalan
        Extension, Delhi-110055 for the period October, 2003 to
        October, 2007 ie. A. Ys: 2004-05, 2005-06, 2006-07, 2007-08
        & 2008-09 relevant for P.Ys./ F.Ys. 2003-04, 2004-05, 2005-
        06, 2006-07 & 2007-08 respectively.

7.      In the course of proceedings U/s 156 (3) before the Court of
Ld. CJM, Gautam Buddha. Naaar. NOIDA for registration of FIR,
investigation of offences and submission of report to Court in the
matter of offences by Ms. Sumana Sen (IRS 99005), Joint
Commissioner of Income Tax, Range-21., Room No.-D/5, Vikas
Bhawan, IP. Estate, New Delhi-110002, etc. under IPC, 1860,
Cr.P.C, 1973, Prevention of Corruption Act, 1988, Official
Secrets Act, 1923 and Immoral Traffic (Prevention) Act, 1956,
prime accused i.e. Ms. Sumana Sen and Ms. Ashima Neb has alleged;
that because of complaints filed by undersigned, CBI has registered
cases against them and their associates and they are getting
harassed.

9.      Ms. Sumana Sen and Ms. Ashima Neb further alleged that
officers from O/o SriGaneshVerma, S.S.P., ACB, CBI, Delhi visited
the O/o ofCCTT (CCA), Delhito inspect the records andfound nothing,
incriminating against them and have cleared them of the allegations
                                                                       21

 of receiving bribe and illegal gratification from M/s. NDTV Ltd: for
 facilitating the theft of lawful Public revenue in excess of Rs.
  1,200/' Crores, laundering of illegal black money in> excess of
 Rs. 2,000/- Crores through illegal hawala, embezzlement ofRs.
 1,46,82,836/- of Public money, criminal conspiracy, cheating,
 forgery and fraud to plunder Public Exchequer and procure
 bribe and illegal gratification, criminal breach of trust, etc.
 levelled against them.

 10.   I have no means to verify the authenticity of the claims of Ms.
 Sumana Sen and Ms. Ashima Neb nor do I know about any
 investigation carried out by CBI in the matter but it is matter of record
 that I have, in course of my official duties had detected and reported
 evasion of lawful Public revenue in excess of Rs. 2,00/- Crores
 by M/s NDTV Ltd. in the -matter of bogus claim and allowance of
 deductions U/s 80 HHF of IT. Act, 1961, laundering of illegal
 slush funds of about Rs. 2,000/' Crores by M/s NDTV Ltd. that is
 most likely political kickback in 2 G scam belonging to a powerful
 Tam.ilha.du based politician having Prime Ministerial ambitions
•through illegal hawala and jamakharch entries routed through two
foreign based companies, M/s NDTV Network Pic. U.K. and M/s
 NDTV NetWork BV, Holland (being 100 % owned subsidiaries of
 M/s NDTV.Ltd.) and 5 Indian companies, M/s NDTV Imagine Ltd.,
 M/s NDTV Life style Ltd;, MM NDTV Labs Ltd., M/s NDTV
Convergence Ltd. and M/s NDTV Media Services Ltd., (again 100
% owned subsidiaries of M/s NDTV Ltd., since merged with M/s
NDTV Ltd. to complete the money laundering exercise),
embezzlement and misappropriation of Rs. 1,46,82,836/ from
Govt, account in criminal conspiracy, with Ms. Sumana Sen and
other Public servants, payment of bribe sand illegal gratification to
Public servants like all expenses paid pleasure trip to M/s
 Sumana Sen costing about Rs. 1.00.00.000/- in April, 2005
(performed during 12th April 2005 to 20th April. 2005 by
British Airways Flights        No.-BA   142   and BA     143).   criminal
 conspiracy, cheating, forgery, fraud, criminal breach of trust by Public
,servants, etc. and do accept the responsibility for my official
communications.

11. Apart from M/s NDTV Ltd., its Directors and past and present
employees; Public servants being serving and retired IRS officers,
namely Sri R. Prasad (formerly CCIT, Delhi V and presently Member,
Competition Commission of India), Sri A.K. Handa (formerly CCIT,
Delhi V and presently Jncomp Tax Ombudsman), Sri P.K. Mishra and
Ms: Sunita Kaila (both former CVOs of CBDT), Sri N.C. Joshi,
(formerly CIT(OSD) (Vig) in the O/o CVO, CBDT and presently CCIT in
Mumbai), Ms. Kirari Q. Vasudev (formerly DIT (Vig)y North and
presently CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDT
and presently CIT in Kanpur), Sri N.K. Sangwan (formerly DIT (Vig).
North and currently CTT in Mumbai), Sri Prakash Chandra (formerly
CIT, Delhi V), Sri SiS.N. Murthy (formerly Chairman,, CBDT), Ms.
Sumana Sen formerly Assessing Officer of M/s NDTV Ltd.), Sri B.K. ,
Jha, Sri S.S. Rana, Ms. Ashima Neb, Ms. R. Bhama, etc. are directly
involved and have unlawfully benefited from the loot and plunder of
Public Exchequer and theft and misappropriation of public money by
M/s NDTV Ltd. and its accomplice Public servants.

12.    As Ms. Sumana Sen and Ms. Ashima Neb, accused of
prostitution and other assorted offences before the Court of Ld. CJM,
                                                                            22

      NOWA are claiming that they have been exonerated by CBI/its
K officers, which may be concocted story to mislead the Court, I may
      state, that assertions of Ms. Sumana Sen and Ms. Ashima Neb about
      their crime and offences and those ofM/s NDTV Ltd. is incorrect and
      my repprts •- to Govt, are borne out by the records and
      documents ofGovt, and can be proved in Court and Iam willing
      to affirm my official reports on affidavit and can be examined by CBI,
      if necessary, U/s 164 of Cr.P.C, 1973 before Magistrate/Special
      Judge/CBI Court.

      13.     I had earlier requested for an audience from Director, CBI or in
      case that was not feasible, with some senior officer preferably at the
      level ofJoint Director to examine myself as prosecution witness and
      state the whole gamut of crime and offences commuted by >Ms>
      Sumana Sen, M/s NDTVLtd. and their accomplices and resultant loot
      and plunder of Public Exchequer but has so far not received any
      response from the CBI.        ,

   14.        It is matter of CBI's own record that M/s NDTV Ltd and its
  Directors has a history ofoffering bribes and illegal gratification to
  Public servants to facilitate the loot and plunder ofPublic Exchequer
  Kind attention is drawn to its Crime No.-RC.2(A)/98 SCU (II) dt
  •9.11998 U/s 120 BIPC r/w 13(2) r/w 13(1) (d) of P.C. Act, 1988
  and substantive offences naming Sri Pronoy Roy, MD, M/s NDTV Ltd
  and M/s NDTV Ltd. &Ors as accused. Copy of the said RC/ FIR 'by
  CBI is enclosed for necessary perusal at Flag B.

  15 It is also matter of record that DGIT (Vig) & CVO, CBDT has
 falsified the official records and submitted an incorrect and false
 report to CVC stating that Ms/. Sumana Sen was never Assessing
  $CZrt^frS?DTVLt± and attended no official work in the case of
   J u Ju Ltd- havin9 no offidal dealings with that company at all '
  which faUs on its face by the affidavit of Ms. Sumana Sen before
 Hon ble Delhi High Court in CWP No.-1373 of2011 wherein she has
 2£ra25w rv"6 ?aSSed ass<ess^rit orders and issued Refunds to
 M/s NDTV Ltd. and has alsd admitted that she did not intimate the
 •^/?°? •employment of her spouse Sri Abhisar Sharma with M/s
 NDTV Ltd. while she was Assessing Officer of M/s NDTV Ltd and
 had accepted bribe and illegal gratification from M/s NDTV Ltd for
 facilitating theft pfPublic money and.Public revenue by that company
 ™1 lt%£^Ct0rS- Colh¥on and conspiracy between DGIT Wig) &
 CVO, CBDT and Ms. Sumana Sen, etc, is evident from the fact that
 no action has been taken against Ms. Sumana Sen U/r 4 of CCS
(Conduct) Rules, 1964 for not intimating the Govt, about her spouse
being employee-of M/s NDTV Ltd. when( she was having official
dealings unth M/s NDTV Ltd. and passed assessment orders and
issued Refunds in the case of that company when on similar facts
others^ have been slapped with major penalty proceedings by Govt >
and CVC One such Charge Sheet issued under advice of CVC for
non-intimation ofcertain transaction U/r 18 ofCCS (Conduct) Rules,
1964 is enclosed at Flag C

.16         In the circumstances, I would request for an urgent audience
with the Director, CBI or if that is not feasible, with some senior
officer preferably at the level of Joint Director to substantiate my
reports about loot of Public Exchequer by corrupt Public servants in
lieu of bribe and illegal gratification provided by M/s NDTVLtd. and
examine myself as prosecution witness. As provisions of Cr.P:C,
                                                                                           23

    >             1973 apply to Delhi Special Police Establishment Act, 1948, lean be
              examined by CBI as prosecution witness in the matter and since, CBI
              is obligated to consider complete facts and circumstances before
              taking any decision either to prosecute the suspect/accused or
              closing the case, no harm would visit anyone if CBI considers my
              above request while in the event of my evidence notgetting examined,
              by CBI, grave-and irreparable prejudice would be caused to cause of
              prosecution and guilty/accused would get away from lawful
              consequences of their guilt/offences by default.        '

              17.      As matter is of extreme national importance, I would seek and
r
              request for an eraly consideration of my above request. A brief
              analysis of income of Sri Abhisar Sharma for the period October,
              2003 to October, 2007 i.e. A:Ys. 2004-05, 2005-06, 2006-07, 2007-
              08 & 2008-09 relevant for P.Ys./F.Ys. 2003-04, 2004-05, 2005-06,
             2006-07 &2007-08 respectively is enclosed at Flag_D for necessary
             assistance and consideration.

                                                                     Yoursfaithfully
             End. As above.
                                                                          (S.K. Srivastava)
                                                                               (IRS 87052),
                                                                           Commissioner,
                                                                 O/o CCIT (CCA), Delhi.
                                           ' .   .'"                        9013852825.

             Copy endorsed for necessary information and action as may be
             appropriate-

             1.       Secretary, DOPT, North Block, New Delhi-110001,
             2.       JointDirector, ACB DelhiZone, CBI, Delhi,
             3.       Joint Director, EOZone, CBI, Delhi,
             4.       Joint Director, Policy Division, CBI, Delhi.
                                                                           Commissioner,
                                                                O/o CCIT (CCA),, Delhi.


    24.     That, culpability of M/s NDTV Ltd. is evident from its hysterical
            efforts to stall telecast of any news pertaining to any inquiry or
            investigation that may even remotely lead to M/s NDTV Ltd. and its
            money laundering acts to appropriate the bribe money received in 2
            G Scam so much so that even the complaints made to Hon'ble
            Justice (Retd.) J.S. Varma, Chairman, NBSA of NBA has made •no-
            difference and every single news broadcaster is managed by M/s
            NDTV Ltd. to stall telecast ofany news that may in any manner lead
            to M/s NDTV Ltd. and its having laundered the bribe money in
          . excess of Rs. 2,000/^ Crores of 2 G Scam belonging to corrupt
            Public servants and their, accomplices! The letter dt. 5.11.2011 by
           applicant to Hon'ble Justice (Retd.) J.S. Varma is as under-


        ', S.K. Srivastava, IRS.                               0/o CCIT (CCA), Delhi.
                     • •                                                    24

      Commissioner ofIncome Tax.                               C.R. Building,
4 -
                                (OSD).                        IP- Extension,
                                                          New Delhi-110002,

                ".._'•                               CRD 11/9, Pandora Park,
                                                          New Delhi-110003.

                                                       Ph. (0)011-23705836,
                                                            (R) 011-23075588,
                                                     •. . '     011-23075599,
                                                   9013852825,9868203794.

                                            DO No.-SKS/Personal/2011-12/1
                                                               dt. 5.11.2011.

      Respected (Hon'ble Justice Varma Sahab),
           •Sub : Carielized cover up by electronic media of the
                  crime, criminality, offences, loot and plunder of
                  Public Exchequer of M/s NDTV Ltd. and its owners
                  / Directors-reg.

            With utter amusement, I am watching the raging debate over
      the relevance of State control or the lack of that over print and
      electronic media, respectively, and views of two imminent jurists,
      who have graced the highest seat ofjustice in this country over role of
      Press Council ofIndia, etc.

      2.    Disgusted and sick over carielized and criminal conduct of
      Electronic media in'covering up the crime, criminality, offences, loot
      and plunder of Public exchequer, Pubic money and Public revenue,
      paying bribe and providing illegal gratification to Public servants to
      facilitate evasion of lawful taxes due to State, criminal conspiracy,
      cheating, forgery and fraud, laundering of illegal slush funds of 2 G
      Scam through illegal hawala route and fictitious jamakharch entries,
      theft of secret and confidential records and documents of Govt,
      through bribe and illegal gratification, procuring secret and
      confidential records of Govt, illegally for unlawful benefit,, etc. ofM/s
      NDTV Ltd., its Directors, employees and accomplice Public servants, I
      do seek your gracious indulgence to bring some nauseating and
      despicable facts on record, to set the record straight and to show the
      inherent fallacy and the resultant ineffectiveness of "so-called" self-
      regulation of the Electronic media.

      3.    M/s NDTV, has historically been accused of paying bribe to
      Public servants to get, first, illegal and unlawful benefits and then
      hush up their crime and criminality. I am enclosing one such FIR
      registered against M/s rfDTV Ltd. and Sri Pronoy Roy (FIR No.-
      RC.2(A)/98 SCU(II),dt. 9.1. 1998 U/s 120 B IPC r/w 13 {2) r/w
      13 (1) \d) ofP.C. Act, 1988 and substantive offences naming Sri
      Pronoy Roy, MD, M/s NDTV Ltd. and M/s NDTV Ltd. & Ors as
      accused), which is only illustrative and not the exhaustive
      compilation of the crime and criminal activities of M/s NDTV Ltd., to
      support my submission herein.

      4.    In 2006, while working as Addl. Director in-charge of
      Inspection Division of CBDT, entrusted with Preventive Vigilance in
      Income Tax Deptt., I ran irito an organized syndicate of corrupt &
                                                                       25

morally depraved IRS officers who have in afew years alone stolen
and got stolen, Public revenue and Public money in excess of Rs.
10,000/-Crores and one prominent case was that of M/s NDTV Ltd.,
which has-

a).     Fraudulently evaded about Rs. 2,00/- Crores of lawful taxes
        through bogus claims ofadmissible deductions-11/s 80 HHF of
        IT. Act, 1961 and had got the matter hushed up by paying
        bribe and Iflegal gratification to Ms. Sumana Sen, DCIT Circle
        13 (1), Delhi and its Assessing Officer under various Direct
        Taxes {the Estate Duty Act, 1953(34 of 1953), the Wealth-tax
        Act, 1957 (27 of 1957), the Expenditure-tax Act, 1957 (29 of
        1957), the Gift-tax Act, 1958 (18 of 1958), the Income-tax Act,
        1961 (43 of1961), the Super Profits Tax Act, 1963 (14 of1963)r
         the Interest-tax Act, 1974 (45 of 1974), the Hotel-Receipts Tax
        Act, 1980 (54 of 1980), the Expenditure-tax Act, 1987; and any
        other duty or tax which,, having regard to its nature, or
        incidence, may be declared by the Central Govt.}, who
        incidentally was spouse ofSri Abhisar Sharma, an employee of
        M/s NDTV Ltd. and who had not intimated the Govt about that
      > fact, inspite of mandatory requirements of Rule 4 of CCS
       • (Conduct) Rules, 1964, violation ofwhich entails imposition of
         majorpenalty including dismissal from Govt, service.
b).      Embezzled an amount of Rs. 1,46,82,836/- from Public
         Exchequer in the garb ofRefund ofexcess tax paid through the
         bribe and illegal gratification paid to Ms. Sumana Sen, DCIT
         Circle 13(1), Delhi and its Assessing Officer.

c).      Laundered illegal slush funds in excess ofRs. 2,000/- Crores,
         most likely part ofbribe money of2G Scam and evaded lawful
         taxes in excess ofRs. 1,000/- Crores in that unlawful exercise.
d)       Facilitated theft of secret and confidential records and
         documents by Ms. Sumana Sen, DCIT Circle 13 (1), Delhi and
         its Assessing Officer to further its illegal and unlawful agenda.
e).      Generally conspired and colluded with corrupt and morally
         depraved Public servants to, defraud the Public Exchequer.
5.    The crime and criminality, though in Public domain and known
to "so-called" Electronic media, has meticulously been hushed up to
protect M/s NDTV Ltd., so much so that, on 4.6.2009, M/s IBN 7,
which telecast a News item, in its "Danke- Ki Chpt Par" programme
about plunder ofPublic money, immediately withdrew the News from
the air when it realized thatit may lead to the exposure of criminality
ofM/s NDTV Ltd. and its owners and Directors and nothing has been
heard from that Channel so far inspite of the fact that till date, no
denial or rebuttal has come from any quarter, not even from the
individual officers named by the Channel in the News.
 6.      On 20.11.2011, at the behest of M/s NDTV Ltd. and its
accomplices like Ms. Sumana Sen (IRS 99005), my Counsel Sri S.K.
Gupta, Advocate was offered bribe and woman as consideration to
loose my case before the Ld.CAT,PB, Delhi and though about half a
dozen Channels (Aon'Tak, ZEE, Times Now, etc.) covered the incident,
 recording even the statements of Sri S.K. Gupta, Advocate and
 various office-bearers of CAT Bar Association, PB, Delhi, but once
                                                                           26

they realized that it involves Ws NDTV Ltd. and Ms. Sumana Sen,
W/o Sri Abhisar Sharma, Deputy Editor ofAaj Tak, all the channels
have horribly fallen-silent, lest corruption oj'their own gets reported.
7        The Electronic media that goes berserk when it concerns
interference ofthe process ofadministration ofjustice by some non- (
media person falls conspiratorially silent ifits own interferes with the
very same process ofadministration of Justice. Perhaps, it considers
itself above law or for Electronic media there is one set of law, for
rest, there is another.

8.       It is nobody's case that the so called Electronic media is
incapable of being corrupt or violator of law or corruption and
•unlawful conduct ofElectronic media makes no news and must not
 be reported, whatever be the details ofcrime, criminality and offences
 committed by that/them. It also cannot be anybody's case, that-
Electronic media is above law or is subject to some different law and
criminal misdemeanour by Electronic media entities are to be treated
differently.              .•'•'•

9.       As an imminent jurist and former Head ofIndian judiciary like
your esteemed self has lent its name to the cause of private
broadcasters, whose primary if not only aim is to maximize their•
profit earning capacity, I am, with due humility and full
responsibility, constrained to bring the matter to your judicious
consideration with the request to graciously examine if so-called
Electronic media deserves to be left out of State control and be
allowed to function as State within State, furthering and nurturing
the crime, criminality, offences and plunder of Public Exchequer/tax
payers' money, to line its own pockets and that of its owners,
Directors and accomplice Public servants.

10.      In case, it is considered appropriate, I am willing and am ready
to-


a).      affirm my submissions .herein above on affidavit and be
         subjected to the test ofjudicial scrutiny,
b).      substantiate the crime and criminality ofM/s NDTV Ltd and
         its accomplice Public servants in general and more notably Sri
         R. Prasad (formerly CCIT, Delhi V and presently Member,
         Competition Commission of India), Sri A.K. Honda (formerly
          CCIT, Delhi V and presently Income Tax Ombudsman), Sri P.K.
         Mishra and Ms. Sunita Kaila (both former CVOs of CBDT), Sri
       < N.C. Joshi,. (formerly CIT (OSD) (Vig) in the O/o CVO, CBDT and
         presently CCIT in Mumbai), Ms. Kiran O. Vasudev (formerly DIT
         (Vig), North and presently CCIT in Mumbai), Sri BPS Bisht
         (formerly CIT (Vig) in CBDT and presently CIT in Kanpur), Sri
         N.K. Sangwan (formerly DTT (Vig) Worth and currently CIT in
         Mumbai), Sri Prakash Chandra (formerly CIT, Delhi V), Sri
          S.S.N. Murthy (formerly Chairman, CBDT), Ms. Sumana Sen
         formerly Assessing Officer ofM/s NDTV Ltd.), Sri B.K. Jha, Sri
          S.S. Rana, Ms. Ashima Neb, Ms. R. Bhama, etc.,           {
 c).      substantiate the duplicity and fraudulent conduct of various
         Members'of M/s NBA in covering up the crime and criminality
          ofM/s NDTV Ltd. and itsaccomplice Public servants,
                                                                            27

        d)    substantiate the loot and plunder of Public Exchequer and
              Public money by M/s NDTV Ltd. and its accomplice Public
              servants.
                      •    •                      •           i.        *

              With (kind regards)                             l -.
                                                          , Yours (sincerely)


                                                             (S.K. Srivastava)
        Hon'ble Justice (Retd.) J.S. Verma,
        Chairman,
        News Broadcasting Standards Authority,
        NBA Secretariat, 101-103, Paramount Tower
        C-17i Community Centre,
        Janakpuri, New Delhi-110058.          .

25.     That, applicant humbly states that inspite of lapse of suffipient
        time, no response has been'• received from News Broadcasters
        Association (NBA) and its affiliate News Broadcasting Standards
        Authority (NBSA) and NBA and NB.SA are acting as accomplice of
        M/s NDTV Ltd. and its criminal activities zealously guarding and
        ensuring that no news about any matter that may lead to scrutiny.
        of M/s NDTV Ltd. and its affairs is allowed to be telecast, so much
        so that attempt of Sri B.K. Jha, DIT (HRD), Ms. Sumana Sen and
        Ms. Ashima Neb on 20.10.2011 to pay bribe and provide women
        (Ms. Sumana Sen and Ms. Ashima Neb) and sexual gratification (by
        Ms. Sumana Sen and Ms. Ashima Neb) to Counsel of applicant as
        consideration to loose his case of transfer to Ranchi pending before
        Ld. CAT, Principle Bench, Delhi was not telecast by any of
        Channels though several of them had interviewed the concerned
        Counsel and other witnesses present on the spot but none of them
        have been allowed ±o telecast those recordings through nauseating
        influence of M/ s NDTV Ltd. on NBA and NBSA.


26.     That, culpability of M/s NDTV Ltd. is from the understandable
        conduct of News Channel IBN 7 on 4.6.2009, M/s IBN/7, which
        telecast a News item in its "Danke Ki Chot Par" prograriime about
        plunder of Public money, immediately withdrew the News from the
        air when it realized that it may lead to the exposure of criminality of
        M/s NDTV Ltd. and its owners and Directors and nothing has been
      i heard from that Channel so far inspite of the fact that till date, no
        denial or rebuttal has come from any quarter, not even from the
        individual officers named by the Channel in the News.
                                                                              28

27.         That, the Electronic media that goes berserk when it concerns
            interference ofihe process ofadministration ofjustice by some non-
            media person is conspiratorially silent in the matter of crime and
            criminality by M/s NDTV Ltd, and interferences witri the very same
            process ofadministration ofJustice.               _

28.         That, it is nobody's case that Electronic media is incapable of being
            corrupt or, violator of law or corruption and unlawful conduct of
            Electronic media makes no news and must not be reported,
            whatever be the details ofcrime, criminality and offences committed
            by that/them. It also cannot be anybody's^ case that Electronic
            media is above law or is subject to some different law and criminal
            misdemeanour by Electronic media entities like M/s NDTV Ltd. and
            its inculpable accomplices like Ms. Sumana Sen, Ms. Ashima Neb,
            Sri Abhisar Sharma, etc. are to be treated differently.

    29.     That, so far, in the case of 2 G Scam investigation, only the lapses
'         ' committed by Public servants has been brought out by the CBI and
            the •consideration for those lapses are yet to be found out. It is
            requirement of law that Public servant must be shown to have
             received something that is not his lawful remuneration for doing
             something or not something and without that, and the case of
             prosecution will certainly be. weaker as incompetence cannot be
             construed to be misconduct. Investigation into illegal enrichment of
             M/s NDTV Ltd. during the period 2006-10 and its having bribed
             Ms. Sumana Sen, its Assessing Officer and other assorted offences
             would reveal, the-missing link in 2 G Scam, as applicant has
             reasonable assessment that money laundered by M/s NDTV Ltd.
             was part of 2 G Scam received by some influential Public servant, to
          : protect whom Sri P. Chidambaram, Hon'ble Finance Minister (the
            then) acted illegally and unlawfully to persecute the applicant and
            thereby prevent any inquiry in the affairs of M/s NDTV Ltd. and it is
             because of the pre-imminent position of Sri P. Chidambaram as
             Hon'ble Minister of Home Affairs and thus Cadre Controlling
             Authority ofIPS that, CBI is unable to act and proceed against M/s
             NDTV Ltd. when it has acted against the same accused earlier in
             1999. The only difference being diabolical influence of Sri P.
             Chidambaram, which was not there earlier when CBI registered FIR
             against M/s NDTV Ltd. and Sri Pronoy Roy [FIR No.-RC.2(A)/98
                                                                          29

      l- SCUffl, dt. 9.1. 1998 U/s 120 B D?C r/w 13 (2) r/w 13(1) (d) of
        PC Act, 1988 and substantive offences naming Sri Pronoy
        Roy, MD,M/sNDTV Ltd. andM/s NDTV Ltd. &Ors as accused),
        investigated the case and filed report U/s 173 of Cr.P.C, 1973 in
        the matter of far smaller amount of bribe, etc.
                                                          •>




30;     That, applicant submits that examination of applicarif by this
        Hon'ble court would strengthen the case of Prosecution and bring to
        justice far more serious crime and accused, and avers that he
        would be able to prove his submissions hereinabove with official.,
        records and documents that may be permitted to be summoned by
        this Hon'ble Court after,which matter can be investigated by either
        this Hon'ble Court or by CBI, as may be the case.


31.     That, applicant submits that he may prove his averments about
        crime and criminality of M/s NDTV Ltd., its Directors, owners and
        employees arid associates and its involvement in 2 G Scam through
        laundering of bribe money in excess, of Rs. 2,000/- Crores in the
        garb of fictitious Share contribution/subscription and through
        illegal hawala entries by paying bribe and providing illegal
        gratification which are part of the bribe received by Public servants
        in 2 G Scam in collusion and concert with Sri P. Chidambaram^and
        other Public servants like Ms. Sumana Sen and Ms. Ashima Neb,
        etc. can be proved by summoning of relevant records from various
        Govt, offices and seizing the same from private persons, which
        applicant has no competence or authority to do on his own and for
        which he would pray to this Hon'ble Court. It is submitted that
        applicant has collected some basic records within the permissible
        legal framework which prima make out the culpability of M/s NDTV
        Ltd., its owners, Directors and employees, its subsidiaries and
        Directors and employees of those companies, culpable Public
        servants like Ms. Sumana Sen Ms. Ashima Neb, Sri P.K. Mishra, Sri
        A.K. Handa, Sri R. Prasad, Sri R.R. Singh, Ms. R. Bhama, Ms.
        Sunita Kaila, Sri N.C Joshi, Sri Prakash Chandra, Sri S.S.'N.
        Murthy, Sri B.K. Jha, Sri S.S. Rana, etc. and also that of Sri P.
        Chidambaram and though those documents are not yet proved,
        applicant would seek the gracious permission of this Hon'ble Court
        to rely upon those records and documents while examining, him
        before this Hon'ble Court and which can be proved by comparing
                                                                         30

'''    with their respective original when summoned by this Hon'ble Court
       from its lawful custodian. Applicant states that he may submit the
       list of relevant-documents and records required and necessary to be
       summoned by this Hon'ble court in course of his examination and
       would for the gracious indulgence of the Court.


 32.   That, in the facts and circumstances of the case, applicant seeks
       the gracious indulgence of this Hon'ble Court to invoke its benign
       jurisdiction' U/s 319 of Cr.P.C, 1973 read with Section 311 .of
       Cr.P.C, 1973 and permit the applicant to examine him as
       prosecution witness and in support of and to augment the case of
       prosecution against remaining accused who are not yet accounted
       for by the prosecuting agency and humbly prays for that.

                                    PRAYER



       1.    It is, in the above facts and circumstance, respectfully prayed
        1    that this Hon'ble Court may graciously be pleased to assume
             jurisdiction U/s 319 of Cr.P.C. 1973 read with Section 311 of
             Cr.P.C, 1973 and examine the applicant in attendance before
             this Hon'ble Court as prosecution witness and proceed
             against M/s NDTV Ltd., its Directors and owners, its
             employees,' its accomplice Public servants like Ms. Sumana
             Sen'(IRS 99005), etc. and more notably Sri R. Prasad (formerly
             CCIT, Delhi V and presently Member, Competition Commission
             of India), SriA.K. Honda (formerly CCIT, Delhi V and presently
             Income Tax Ombudsman), Sri P.K. Mishra and Ms. Sunita Kaila
             (bothformer CVOs of CBDT), Sri NC. Joshi, (formerly CIT (OSD)
             (Vig) in the O/o CVO, CBDT and presently CCIT in Mumbai),
             Ms. Kiran O. Vasudev (formerly DTT (Vig), North and presently
             CCIT in Mumbai), Sri BPS Bisht (formerly CIT (Vig) in CBDT and
            presently CIT in KOnpur), Sri N.K. Sangwan (formerly DIT (Vig)
             North and currently CIT in Mumbai), Sri Prakash Chandra
             (formerly CIT, Delhi V), Sri S.S.N. Murthy (formerly Chairman,
             CBDT), Ms. Sumana Sen formerly Assessing Officer of M/s
            NDTV Ltd.), Sri B.K. Jha, Sri S.S. Rana, Ms. Ashima Neb, Ms.
            R. Bhamg., Ms. M.H. Kherawala, Sri Pankaj Gupta, etc., and
            any other person who may be involved in laundering and
            appropriation Of bribe money in excess of Rs. 2,000/- Crores
                                                                         .31.

            by M/s NDTV Ltd., its subsidiaries {M/s NDTV Network Pic.
            U.K. and M/s NDTV Network BV, Holland (being 100 %
            owned, subsidiaries of M/s NDTV Ltd.) and             5 Indian
            companies, M/s NDTV Imagine Ltd., M/s NDTV Life style
I
b           Ltd., M/s NDTV Labs Ltd., M/s NDTV Convergence Ltd, and
           M/s NDTV Media Services Ltd., (again 100 % owned
           subsidiaries of M/s NDTV Ltd., since merged with M/s NDTV
           Ltd. to complete the money laundering exercise)}, its Directors,
           owners and employees and that of its subsidiaries, received ,
           by Public servants in 2 G Scam and Sri P. Chidambaram,
           formerly Hon'ble Finance Minister', Union of India in the
           matter of laundering of illegal bribe money in excess of Rs.
           2,000/- Crores received by Public servants in 2 G Scam and
           other crime and offences related to • that offences under
           various -acts and law, more notably The Prevention of
           Corruption Act, 1988, the IPC, 1860, the Cr.P.C, 1973, The
           Official Secrets Act, 1923 & The ImmOral Traffic (Prevention)
           Act, 1956 and thereby plundering the Public Exchequer of
           lawful tax revenue in excess of Rs. 1,200/- Crores and
           embezzling an amount of Rs. 1,46,82,836/- in the garb of I.T.
           Refund by forgery and fraud committed by Ms. Sumana Sen
          and her accomplices and covered up by Sri P. Chidambaram,
         . formerly Hon'ble Finance Minister, Union of India.


    2.    Pass any other and further orders1 that may be necessary and
          appropriate in the facts and circumstances of the case.


    New Delhi
    Dt. 24,11.2011-
                                                    S.K. Srivastava, IRS,
                                           Commissioner of Income Tax,
                                                            (OSD), Delhi,
                                                 C/o CCIT (CCA), Delhi,
                                               C.R. Building, I.P. Estate,
                                                     New Delhi-l 10002.
                                                Applicant/Complainant

                                 Through

                                             Harihar Pratap Singh, Adv.
                                                       S.K. Gupta, Adv..
                                               405, Lawyers Chambers,
                                                   Patiala House Court,
                                                    New Delhi- 110001
          IN THE COURT OF HON'BLE SRI O.P. SAINI,
               LD. SPECIAL JUDGE, CBI COURT,
                 PATIALA HOUSE COURT, DELHI.

                                                    CC NO.-1/2011
                                        RC/45-A/2009/CBI/ACB
                                                          New Delhi
                                               U/s P.C. Act, 1988.
                                                 NDOH 15.11.2011

IN THE MATTER OF :



                   CBI               Complainant
                                  Vs.

                   A Raja & Ors...Respondents


AN APPLICATION U/S 319 OF Cr. P.C. 1973 READ WITH
SECTION 311 OF Cr.P.C,            1973 FOR EXAMINATION OF
APPLICANT IN ATTENDANCE BEFORE THIS HON'BLE COURT
IN THE MATTER OF RECEIPT & LAUNDERING OF BRIBE

MONEY OF 2 G SCAM IN EXCESS OF Rs. 2,000/- CRORES BY
M/S NDTV LTD. THROUGH ILLEGAL HAWALA ROUTE AND
FICTITIOUS        JAMAKHARCH            ENTRIES      AS      SHARE
CAPITAL/CONTRIBUTION OF SUBSIDIRIES OF M/S NDTV
LTD.    HUSHED      UP    THROUGH        BRIBE     AND     ILLEGAL
GRATIFICATION PAID TO CORRUPT GOVT. OFFICERS LIKE
MS. SUMANA SEN (IRS 99005) & TO PROCEED AGAINST
DIRECTORS, OWNERS & EMPLOYEES OF M/S NDTV LTD.
AND    ACCOMPLICE        PUBLIC    SERVANTS       FOR     OFFENCES

UNDER THE PC. ACT, 1988, IPC, 1860, THE IT (P) ACT,
1956, THE O.S. ACT, 1923 AND OTHER LAW FOR WHICH
THEY ARE TO BE TRIED WITH OTHER ACCUSED BEING

TRIED IN 2 G SCAM BEFORE THIS HON'BLE COURT.


MOST RESPECTFULLY SHOWETH:



That, the applicant is a citizen of India and is an officer of 1987
Batch of Indian Revenue Service (IRS) working as Commissioner of
Income Tax in Delhi though under orders of transfer to Ranchi and
is competent to invoke the jurisdiction of this Hon'ble Court U/s
319 86 311 of Cr.P.C. 1973 to get himself examined by this Hon'ble
Court in the matter of crime and offences committed in the case of 2

				
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posted:11/25/2011
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