NGOs : no one mind the money flow ..... but, at what cost? Keeping eye on intended use appears to be tough

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Govt acted against over 160 NGOs in last three years

Vishwa Mohan |TNN | Mar 21, 2012, 02.15AM IST

NEW DELHI: Diversion of foreign contribution by NGOs is not limited to the 12 organizations whose cases were referred for probe recently. The muck, in fact, runs much deeper with official figures showing that the government has taken action against at least 160 voluntary bodies, including referring 24 cases to CBI and seven to different state police for investigation in the past three years.

Besides, 70 NGOs have been prohibited from receiving foreign contribution and accounts of 30 others were frozen during 2007-10. Certain irregularities had been noticed in the case of another 35 NGOs who have been placed in 'prior permission' category for receiving foreign funds.

Official figures, shared by the home ministry, show that over 21,500 organizations had received more than Rs 31,000 crore from countries like US, UK, Germany, Italy, Netherlands and others during the period.

Sharing information on action taken against the NGOs for violating guidelines, minister of state for home Mullappally Ramachandran said in his written reply to a Parliament question in Lok Sabha on Tuesday, "The government monitors the receipt and utilization of foreign contributions by any person in the country through the Foreign Contribution (Regulation) Act, 2010 and FCR Rules, 2011."

Though the minister did not disclose where the funds were diverted and for what purpose, he had last week said that preliminary reports had suggested alleged misuse of foreign funds for opposing the setting up of a nuclear plant in Tamil Nadu.

He had said that Rs 9,914.19 crore of foreign contribution was received by 21,365 NGOs in 2007-08, Rs 10,987.05 crore by 22,544 NGOs in 2008-09 and Rs 10,340.25 crore by 21,674 NGOs in 2009-10 even as a demand was raised by members in Parliament that the Centre should put in place a strong surveillance network to monitor inflow of foreign funds to such organizations and create a database in the interest of national security.

MPs had raised the issue last week, referring to Prime Minister Manmohan Singh's recent remark in an interview blaming US-based NGOs for whipping up anti-nuclear plant demonstrations in Tamil Nadu. The home ministry in February had referred two cases each to CBI and state police for probing the diversion of fund by four organizations, besides inquiring into accounts of 12 NGOs.

Among the countries, US continues to be the biggest donor for Indian NGOs with Germany, UK, Italy and Netherlands occupying top slots. The funds come for various works relating to rural development, welfare of children, environmental programmes, AIDS awareness and construction and maintenance of schools and colleges.

The home ministry's data shows that foreign contributions to voluntary organizations have come not just from rich and developed countries alone. Countries like Afghanistan, Pakistan, Bangladesh, Nepal, Zambia, Congo and others have also donated funds to different organizations.

Foreign funds contributed by different countries is also being used for setting up religious schools, education of priests/preachers, religious functions and publication/distribution of religious literature among other activities.....................http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JSC8yMDEyLzAzLzIxI0FyMDEyMDA=&Mode=Gif&Locale=english-skin-custom

Maoists ..... abduct two Italians .... the episode shows differences within Red rebels' rank

'Maoists irked by Italians taking objectionable pictures of tribals'

Sandeep Mishra & Vishwa Mohan |TNN | Mar 19, 2012, 04.39AM IST 

BHUBANESWAR/NEW DELHI: In the first instance of Maoists targeting foreigners, two Italian tourists were abducted in the forests bordering Orissa's Kandhamal-Ganjam districts. The kidnapping came to light late on Saturday night after the Maoists released two men abducted along with the Italians, Bosusco Paolo and Claudio Colangelo.

The Maoists claim the four were kidnapped on March 14. This came to light only after the release of Sontosh Moharana and Kartik Parida with audio tapes of the Maoist leader, Sabyasachi Panda, along with a list of their demands, the main one being immediate cessation of anti-Maoist operations.

The Centre asked its forces to stop anti-Maoist operations on Sunday, in consultation with the state government which has initiated back-channel efforts to get the tourists released. Indian officials also informed Italian embassy about the incident which comes at a time when ties between the two countries have come under stress over the killing of two Indian fishermen by Italian marines off the Kerala coast over a month ago.

Foreign minister S M Krishna spoke to Orissa chief minister Naveen Patnaik and the Italian consul general in Kolkata, Joel Melchiori, met government officials here.

Moharana is a cook and Parida a helper. The two were accompanying the Italians during their foray into the tribal territory. The Maoists have alleged the Italians were taking "objectionable pictures" of tribal women.

"Around 30 Maoists took us hostage on March 14 morning when we were preparing food near a stream in Gazalbadi forests," Moharana told journalists in Puri, adding, "They blindfolded us and made us walk for about five km. The Maoists did not cause any harm to us and treated us well."

Kandhamal SP Jayanarayan Pankaj told TOI, "We have information that the foreigners are safe. We hope the Maoists would release them soon."

In the audio tapes circulated to TV channels, the Maoist leader Panda, who is secretary, Orissa State Organising Committee, said the foreigners were kidnapped while taking "objectionable photographs of tribals" in remote areas despite a government ban.

The cops doubted these claims, saying they had gathered information that Paolo was into trekking, but not photography. "Moreover, Kandhamal does not have semi-nude tribals, whose photography can raise objections," a cop added.

Sources said the state government had roped in Dandapani Mohanty, convener of the Jana Adhikar Manch, and others to mediate with the rebels. Mohanty, one of three interlocutors who negotiated Krishna's release, appealed to the Maoists to extend the deadline to allow the government time to stop the operations, and said he was willing to mediate if both sides approached him. Official sources said the government was waiting for Maoists to suggest interlocutors.

Naveen condemned the kidnapping and appealed for the release of the foreigners on humanitarian grounds. "The Orissa government is open to any kind of negotiation with the kidnappers under the law," he said. "I reiterate my appeal to the Left-wing extremists not to take any drastic step. I also condemn this heinous crime. No one will condone such act in a civil society," he added.

Police sources said the Italians, Moharana and Parida reached Daringbadi on March 12 and ventured into the forest. Their driver, Debendra Mohapatra, dropped the guests and returned. Paolo has been staying in Puri for the last 19 years and is associated with a private tour agency, Odisha Adventure Trekking. He speaks decent Oriya, police sources added. "Paolo has been frequently taking foreigners on trekking trips to Kandhamal and other areas," said a cop.

The CRPF personnel have been asked not to go for combing operations in the tribal-dominated Kandhamal-Ganjam region where the two Italians -- Bosusco Paolo and Claudio Colangelo -- were abducted, officials here said the forces would not leave the area.

Officials here believe that the abduction was done at Panda's behest. He has lost ground among cadres in the state due to his virtual shunning by ultras from the powerful Andhra Pradesh group.

"The abduction could be an attempt to regain his position and try to bargain for release of his wife Subhasree Das alias Mili Panda along with others from jail," said a senior official said.

NCTC .. Union home ministry will make certain changes in the NCTC February 3 'notification'

Centre won't dilute NCTC powers

Vishwa Mohan |TNN | Mar 13, 2012, 05.22AM IST

NEW DELHI: The government will not operationalise the National Counter-Terrorism Centre till it discusses the matter threadbare with dissenting chief ministers on April 16 and brings suitable amendments in its existing 'notification' to dispel an impression of 'unilateralism'.

The manner in which the home ministry notified the setting up of the NCTC and 'words' used in the office 'order' (directing states on many points) drew severe criticism from many states' representatives who attended a meeting on NCTC on Monday.

The amendments will, however, not dilute the powers given to NCTC for 'operational' reasons. The changes will be in the 'wording' of the official notification so that it does not look like giving states a peripheral role in the fight against terrorism.

"These things will further be explained through standard operating procedures (SOPs) which will be brought in as part of the amended notification. It will hopefully clear doubts of states," a senior home ministry official said.

He also pointed out that the discussion over the issue in Parliament during the next few days and subsequently at a chief ministers' conference on April 16 would give a "roadmap" to bring in the SOPs for the NCTC.

The meeting was held on a day President Pratibha Patil mentioned in her speech in Parliament the need for NCTC, stating that the aim of this body was to improve "India's capability to counter internal security threats".

The Centre on Monday spelt out its course of action during the brain-storming which saw officers from non-Congress ruled states toeing the line of their political masters while protesting 'powers' and 'functions' given to the ambitious anti-terror body. Gujarat, Punjab and Bihar, in fact, were opposed to the very concept of the counter-terror body whereas others protested its 'powers' of arrest and search.

BJP-ruled Karnataka presented an interesting exception during the meeting where a senior IAS officer from the state opposed the powers of arrest and search given to NCTC under Section 43A of the existing Unlawful Activities (Prevention) Act while the state's senior police officer pitched for a much stronger anti-terror body.

Contrary to his chief minister's view expressed in his letter to home minister P Chidambaram last month, the state's top cop is learnt to have told the gathering on Monday that the powers given to NCTC were necessary to make the anti-terror body effective - a view which found support in narratives of officers of almost all Congress-ruled states.

The meeting was chaired by home secretary R K Singh. The ministry, in its statement after the meeting, said, "The need to rework the NCTC order to amplify the powers/functions/duties of the standing council, the specificity of circumstances in which Section 43A of UAPA powers can be invoked, the need to ensure that NCTC is also equally obliged to respond to state governments' requests and the need to provide resources to upgrade state capabilities were some of the key points that came up during the meeting."

Uttar Pradesh and Uttarakhand - where new governments came to power after the recent polls - were represented by their home secretary and resident commissioner, respectively. Both states said they had "no view" on NCTC at this juncture. They would communicate their states' views to the Centre in due course.

The meeting was called to clarify the objections raised by over a dozen chief ministers including Narendra Modi (Gujarat), Nitish Kumar (Bihar), Mamata Banerjee (West Bengal), Naveen Patnaik (Odisha) and J Jayalalitha (Tamil Nadu).

Most of the chief ministers had argued that the operational powers (arrest and search) given to NCTC amounted to encroaching on the powers of states over 'law and order' and thereby impinged on the federal structure of the Constitution.

Though home minister P Chidambaram had written to all of them explaining that these were the "bare minimum powers" given to NCTC for operational reasons under existing law, his arguments failed to bring the protesting chief ministers on board. Most of them had also objected to the 'unilateral' decision taken by the home ministry in notifying the setting up of the anti-terror on February 3.....................http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTIvMDMvMTMjQXIwMTEwMA==&Mode=Gif&Locale=english-skin-custom

NCTC ....... heading for a dead end ...... post-poll scenarios make things worse for Congress when one more ally - NCP - expresses its concern over this anti-terror body

DGPs, chief secys' meet on NCTC may end in deadlock

Vishwa Mohan |TNN | Mar 10, 2012, 03.04AM IST

NEW DELHI: As non-Congress CMs are trying to forge a common ground against the setting up of the National Counter Terrorism Centre (NCTC), the scheduled meeting of DGPs and chief secretaries on Monday is likely to end in a deadlock amid indication that the dissenting CMs will not budge from their stand that the matter could be resolved only at a political level.

Main opposition BJP, Odisha CM Naveen Patnaik and Tamil Nadu CM J Jayalalithaa have clearly stated that the issue should be discussed with the CMs in a meeting before taking any final decision. Hence, the meeting of officials may be a mere formality.

Though the states did not object to the official-level meeting, it is not yet clear whether all DGPs and chief secretaries would turn up on Monday.

"Some of them had objected to the earlier scheduled meeting on March 9 due to Holi and we had, therefore postponed it to March 12. None of them have, so far, expressed their inability to attend the meeting on fresh date on Monday. So, we assume that they will attend it," said a senior home ministry official. He, however, admitted that it would be difficult to predict at this juncture whether all of them would attend the meeting.

The Opposition parties - mainly BJP - have stated that the issue relating to powers and functions of the counter-terror body would be raised by them during the Budget Session of Parliament, beginning March 12.

It is believed that even if the states are sending their representatives for the Monday meeting which is to be chaired by the Union home secretary R K Singh, the protesting CMs' stand will cast its shadow over the gathering.

Admitting that the Monday meeting may not end the impasse over the operationalization of the NCTC, officials in the home ministry, however, said that they were prepared to discuss finer points of the powers and functions of the counter-terror body that had drawn criticism from CMs. They also said that the issue, in any case, would be discussed with the CMs when they assemble here for a Conference on internal security on April 16.

Ten CMs, including Gujarat's Narendra Modi, Bihar's Nitish Kumar and West Bengal's Mamata Banerjee, had in February written to Prime Minister Manmohan Singh saying that the powers given to the NCTC tantamount to infringing on the federal structure of the Constitution as its mandate would encroach upon the jurisdiction of states over 'law and order'.

Although the Union home minister P Chidambaram had written to these CMs stating that NCTC would merely be given "bare minimum power" for operational reason under the existing Unlawful Activities (Prevention) Act and states would be in loop at every stage, his arguments have failed to pacify them.

Both Patnaik and Jayalalithaa had written to the PM the second time after receiving Chidambaram's letter, insisting that the Centre should discuss the issue threadbare with the CMs. Chhattisgarh CM minister Raman Singh has even suggested calling a meeting of National Integration Council (NIC) to discuss the issue........http://epaper.timesofindia.com/Repository/ml.asp?Ref=Q0FQLzIwMTIvMDMvMTAjQXIwMTAwMg==&Mode=Gif&Locale=english-skin-custom

NCTC ..... Home Minister drops enough hints of its delay ..... UPA does not take risk of annoying Mamata

Chidambaram ready to wait for consensus on anti-terror body

Vishwa Mohan |TNN | Mar 1, 2012, 02.36AM IST

NEW DELHI: Amid indications that the Centre may not move further on its ambitious anti-terror body National Counter-Terrorism Centre until the matter is discussed with protesting chief ministers, home minister P Chidambaram on Wednesday said the meeting of director generals of police and chief secretaries of states on March 9 would find "a way forward" and he was ready to wait "as long as it is necessary".

"I am a very patient man, I have been patient since November 2009 and I am willing to be patient for some more time," Chidambaram said.

Asked how long he would be patient, he said "as long as it is necessary", an indication that the home ministry, which had first mooted the proposal to set up NCTC over two years ago, does not seem to be in a hurry to push it through. Operationalisation of the counter-terror body was put off from the original plan of March 1.

Asked if he would meet the protesting chief ministers, Chidambaram said this would depend upon the meeting on March 9. "All I said in my letter is that before we take the next step, I have asked the home secretary to call a meeting... so let's wait for the meeting," he said.

His remarks came on a day when one of the protesting CMs - Naveen Patnaik of Odisha - made it clear that states would not budge from its stand until the matter was discussed at the highest level. "I am disappointed to find, sir, that a meeting has been called by the Union home secretary with state director generals of police," Patnaik wrote to Prime Minister Manmohan Singh on Wednesday.

He demanded that instead of a meeting chaired by the Union home secretary, an "immediate meeting of chief ministers be called to address the concerns of states on this very urgent matter regarding the security of the nation".

Referring to the March 9 meeting, the home minister, however, said, "I am confident that this meeting will find a way forward. My note (to chief ministers who opposed to the powers and functions of the NCTC) is self explanatory. I think the note should, I believe, have allayed many of the apprehensions including apprehensions of a section of the media and therefore let us hope that the meeting convened by the HS will find a way forward."

The home minister pointed out that the busting of an Lashker-e-Taiba module on Wednesday underscored the need for NCTC. Asked whether it was necessary to give powers to NCTC to arrest, Chidambaram said these powers were only vested with the operational unit of NCTC and not everyone.

He said that in absence of powers to arrest, NCTC would not be able to conduct counter-terror operations and would have to depend on some other agency to do the counter-terrorism part. "This will all be discussed in the DGPs meeting," the home minister said.......http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JSC8yMDEyLzAzLzAxI0FyMDA4MDE=&Mode=Gif&Locale=english-skin-custom

NGOs ...... Koodankulam Nuclear Power Plant Projects ....... probe will certainly go far

Govt to probe 12 more cases of NGOs' 'fund diversion'

Vishwa Mohan |TNN | Mar 1, 2012, 03.53AM IST

NEW DELHI: The probe into non-governmental organizations involved in the stir against the Kudankulam nuclear power project may not be limited to four entities. The Centre has written to the Tamil Nadu government seeking a green signal to probe 12 additional cases of 'fund diversion' against other organizations under the Foreign Contribution Regulation Act (FCRA).

At present, cases are being probed by the Tamil Nadu police's crime branch against two NGOs. These are believed to be Trust for Rural Upliftment and Education and Good Vision Trust. The CBI is expected to register two other cases against Tuticorin Diocese Association and Rural Uplift Centre on the basis of inputs referred to it by the Union home ministry.

"The CBI has recently received two references from the ministry of home affairs alleging contravention of the provisions of FCRA against two Tamil Nadu-based NGOs. These are being examined for appropriate further action," said an agency official. The agency is awaiting the response of the state government in 12 additional cases.

To a question whether these actions were linked to the anti-nuclear protests in Kundankulam, Chidambaram said, "I have not said a word about Kundankulam...investigation reveal that there appears to be diversion of funds. Therefore, under FCRA we have decided to register cases."

He did not name the NGOs facing cases and on being asked about MoS in PMO V Narayanasamy's statements on the anti-nuclear groups he said, "I can't answer hypothetical questions. Only after investigations details can be revealed. It was for media to speculate."

Chidambaram said inspection of NGO accounts was routine and initial inspections revealed violations by four NGOs.

The home minister said cases have been filed as "There is reason to believe that funds were diverted from the purpose for which foreign funds were given. Prima facie there is evidence to register cases."

Talking to TOI over phone from Nagarcoil, Maria James of Rural Uplift Centre said: "Our organization did not at all involve in any kind of fund diversion. We have nothing to do with the protestors of the Kudankulam project."

Admitting that the account of his organization was frozen on February 13, James said: "We had filed a revision petition with the home ministry on February 21 and waiting for its response. Officials visited our Centre and could not find anything incriminating. We are fully cooperating with all those officers who visited us in connection with the probe".......http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JQ0gvMjAxMi8wMy8wMSNBcjAwNzAw&Mode=Gif&Locale=english-skin-custom

NCTC ...... wait.....wait.....wait

Centre blinks, puts NCTC on hold

Vishwa Mohan |TNN | Feb 28, 2012, 01.25AM IST

NEW DELHI: India's ambitious counter-terror body - National Counter Terrorism Centre (NCTC) - will not be operationalized on March 1 as scheduled. The Union home ministry, which set up the agency through a notification on February 3, will not go ahead with crucial appointments for the body and has decided to call a meeting of DGPs and chief secretaries of all states for clarifying contentious issues before making the next move.

The meeting, which is to be chaired by Union home secretary R K Singh, is likely to be held on March 10 before beginning of Parliament's Budget session.

However, since the consent of states is crucial for the success of the NCTC, it appears that the resolution of what is essentially a "political" dispute may have to wait for consultations with CMs. Though the states' officials will attend the meeting taking 'briefs' from their respective CMs, it is highly unlikely that the non-Congress CMs who opposed to the counter-terror body in its present form will convey their nod when some of them seem to be having problems with the concept itself, and not just how the NCTC discharges its responsibilities.

The CMs can, however, get this opportunity between April 14 and 16, when the Centre calls a conference on internal security. It is also believed that the political wrangling over the issue may continue till the meet, which is to be attended by both Prime Minister Manmohan Singh and home minister P Chidambaram.

The conference of CMs was scheduled to be held on February 15, but it was postponed due to assembly polls in five states. Officials indicate that there does not appear to be any window for calling the meeting of CMs before mid-April considering the Parliamentary and budget sessions in many states.

An official said: "The appointments of the director of the counter-terror body has been put on hold after home minister wrote a letter to chief ministers where he had assured that the 'next steps' on NCTC will be taken only after the meeting of DGPs".

Sources in the ministry said that the Union home secretary will invite chief secretaries and home secretaries of all states along with the DGPs and heads of anti-terror wings for the meeting that is likely to be held on March 10 since counting for the assembly polls is slated for March 6 and Holi will be celebrated on March 8.

The CMs, while opposing the notification giving powers of arrest and search to the NCTC, had complained to the PM that the counter-terror body was being set up without any consultation with the state governments and this was not acceptable to them. They also said that the powers given to the NCTC amount to interfering with the jurisdiction of states on 'law and order' and hence, it impinges on the federal structure of the Constitution.

Those who had complained include CMs of West Bengal, Gujarat, Tamil Nadu, Bihar, Odisha, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh and Tripura.......http://epaper.timesofindia.com/Repository/ml.asp?Ref=VE9JS00vMjAxMi8wMi8yOCNBcjAwMTAz&Mode=Gif&Locale=english-skin-custom