The Supreme Court of India is deliberating on a legal dispute between two of the richest men in the country, namely the Ambani brothers, Mukesh and Anil. Over the past three months, hardly a day has gone by without the sibling rivalry hogging headlines in newspapers.
The key issue, however, goes beyond the fratricidal conflict. It concerns the manner in which the nation’s natural resources are to be allocated and priced. Moreover, the spat between the Ambanis has highlighted the infamous nexus between business and politics.
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Paranjoy Guha Thakurta |
The Supreme Court’s verdict could set important precedents about the respective roles of the government and private corporate entities in extracting a valuable resource like natural gas. In addition, the controversy over the apportionment and valuation of gas from the Krishna-Godavari (KG) basin has highlighted the government’s failure in formulating a rational, fair and transparent gas utilization policy. To understand the genesis of the dispute, a brief chronological backgrounder is provided on the ongoing tussle between Reliance Industries Limited (RIL) controlled by elder brother Mukesh Ambani and Reliance Natural Resources Limited (RNRL) headed by his estranged younger sibling Anil Ambani.
1999: The Ministry of Petroleum & Natural Gas (MoPNG) announces the New Exploration Licensing Policy under which a consortium comprising RIL and its partner Niko Resources becomes the successful bidder (or contractor) for exploration of block D-6 in the KG basin.
April 2000: A production sharing contract is signed between the MoPNG and the contractor.
July 2002: Mukesh and Anil’s father Dhirubhai Ambani dies.
October 2002: Gas is discovered in the KG-D-6 block.
June 2004: RIL enters into an agreement with the Uttar Pradesh government to set up the “world’s largest gas-based power plant” with a capacity to generate 3,500 megawatt of electricity at Dadri, near Delhi.
November 2004-June 2005: The Ambani brothers fight a bitter battle in public.
June 2005: The warring brothers arrive at a settlement supervised by their mother Kokilaben Ambani and start dividing up the Reliance business empire—the Mukesh group gets the gas exploration and extraction business while the Anil group acquires control over the power generation business.
2006: RIL and RNRL start squabbling over a gas supply agreement. RIL applies to the MoPNG for approval of a gas price of US$ 2.34 per mBtu (million British thermal units) for sale of 28 mscmd (million standard cubic metres a day) to RNRL for a period of 17 years. MoPNG refuses to approve the price and a legal battle breaks out.
September 2007: An empowered group of ministers headed by Pranab Mukherejee (then the External Affairs Minister) approves a gas pricing formula mooted by RIL fixing the price of gas at $ 4.21 per mBtu.
June 2009: The Bombay High Court rules in favor of RIL supplying gas to RNRL as per the original terms of the contract and urges the two companies headed by the brothers to arrive at a “suitable arrangement” or to turn to their mother Kokilaben for arbitration. Both companies then file cross appeals in the Supreme Court.
July: Anil Ambani publicly hits out against his brother and the MoPNG for pandering to RIL’s “excessive greed,” accusing the company of “gold-plating” the gas project (or artificially inflating capital expenditure) and the government of obliging RIL at the expense of RNRL as well as the public sector National Thermal Power Corporation (NTPC).
August: Fertilizer Secretary Atul Chaturvedi writes to RS Pandey, his counterpart in the MoPNG saying a family settlement should not “over-ride the sovereign right of the government to formulate policies aimed at the larger public interest”. Petroleum Minister Murli Deora contends that the gas does not belong to either of the two Ambani brothers but to the government of India.
September: Anil Ambani issues a series of front-page advertisements in newspapers accusing the MoPNG of favoring his brother’s company at the expense of the exchequer.
October: VK Sibal, Director General of Hydrocarbons (DGH), seeks government protection as he fears a threat to his life from individuals connected with the corporate group controlled by Anil Ambani, who have accused him of receiving favors from Mukesh Ambani’s group. The Anil Ambani group denies the charge, calls it defamatory. The Central Vigilance Commission asks the Central Bureau of Investigation to “discreetly” probe allegations of whether Sibal and his family actually received personal favors. The Supreme Court begins hearing arguments on the dispute.
According to energy experts like Dr Surya P Sethi, who has just retired from the government after serving as a Principal Adviser to the Planning Commission for nearly eight years, even if the Ambani siblings “settled” their dispute, the crucial issue that would remain unresolved would be the need to fill up the existing “policy vacuum” with a set of norms for allocation of natural gas that are “credible and defensible”. He says that he unsuccessfully opposed a formula-driven methodology for pricing natural gas that is used to price liquefied natural gas (LNG), which is a separate product from natural gas. He adds that a study conducted by the public sector GAIL (formerly Gas Authority of India Ltd) on policies pursued in as many as 39 countries had indicated that there was no precedent for formula-based pricing of natural gas.
It is easy for Minister Deora and his friends to claim that the natural gas that lies beneath the bed of the Bay of Bengal does not belong to either of the Ambani brothers but to the Indian government. However, the crucial question that arises is whether the government is indeed acting on behalf of the people of the country as a custodian of its national resources or as a partisan player. The Supreme Court will have to find an answer to this critical question.
The author is an educator, an economic analyst and a journalist with over 30 years of experience in various media—print, radio, television, Internet and documentary cinema.
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written by Dipak Kumar Adhikari, August 03, 2010
written by Dipak Kumar Adhikari, March 01, 2010
Your honour,
We got Married 05/03/2002, and have a daughter born 09/07/2005. My wife and she’s family given me 498a/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, it’s not true case, believe me. My wife are engaged/Affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Manager) his house front of my house, all the matters are know every person in my village, and also they given me written about my character. When my wife goes outside form my house near about many vory gold and cash 1.20 lack Indian rupees taken. Not taken my daughter, daughter is now in my house. My wife doing the 498a case’s date 31/08/2009 and I arrest 06/09/2009, court give me bail at 19/09/2009 my 1st court date is 16/10/2009 done. 2nd court date is 04/01/2010 done. Next court date is 07/07/2010 at Barasat court. Some proof (20 pcs. s.m.s., picture with the boy and a c.d.) has me about my wife and the boy that they are in illegal relation. Believe me I and my family love much more to my wife. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother see 1st time and she arrange my marriage, and Mother told me they are very poor so what? After marriage she is my family member, believe me not a single word is wrong. Before marriage my family not see my wife’s family, now we understand/also see that she’s family are very bad. My wife, she’s family and the boy they are misusing this law. Now my wife’s family understands all the affair matter. But my wife still now not agree she wants to marry to the boy. My wife left our only solitary daughter to me who is 4 years old having severe "Ashtama Disease, depends on INHEALER, here political Hide & seek game is going on & the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that I’m not taken back my wife. I take a lawyer his name Mr. Kamelash Nandi. I don’t know what happened next? Now I went to punishment the boy. If possible please help me. Please investigate the matter and relief/save me and my family. And . My wife given me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009. 1st Class Judicial Magistrate at Sealdah. 1st court date is 15/01/2010 done, 2nd court date is 12/02/2010 done. Next court date is 26/02/2010. I attend but judge toll that order is ready, you take the order at 01/03/2010, done Next date I don’t know now.
Thanks
Dear Sir/Madam,
Actually I’m 100 percent victim, so I went to knowing my matter all the Indian and others. I write my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B., my nation, all of the news channels, and all press, and many more, (anybody can’t help me/proper investigation/do not take any action/I think they all are sleeping WHY?) absolutely you also, I think you can help me, so I write to you. I’m Punishment + harassment Without Crime.
I hope you would care to me, your prompt action shall be highly appreciated.
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O. Hatiara. Kolkata-700059 Email: dipakadhikari_59@yahoo.com PH. 9836149983
W.B. India.
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To,
The Incharge, Kolkata Police commissioner.
Please help me. If required please send this mail to appropriate authorities. Mr. Shankar Kumar Samanta S.B.I. Officer purchased local Police, Please help me.
Respected Sir,
100% now I believe that if you have money then you can get anything, every thing is possible by you. If you are a poor then you can’t get anything, every thing is far and beyond possible to you, also you get poor judgment and poor comportment in all aspects of life, in our country INDIA. For example 1. I. I went to Police Station more than 100 times, made 5times entries (complaints) into G.D. but Not even a microscopic actions took place against the alleged bodies. On the contrary Sandip Samanta, S/O. Shankar Kumar Samanta (S.B.I. OFFICER Ph. No. 9830366834, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India, Bank Ph. No. 033 25308337) he has much more and enough money so they purchase all police personnel's and some political leaders, some Dada. Etc. Only I used to get many letters and many phone calls which all seem to me needs to be thrown in the trash, as it all are valueless, toothless and only simply a solace to the poor. What an undone boy I am! Woe is to me! My wife and her family, Sandip Samanta and his family harassed me and my family, they are torcher me physically and mentally.
We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366834, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only four years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009,The Learn" ed court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a c.d.) with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 4 years old having severe "Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother(severe Diabetic)?. My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009.I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry ,investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that "Justice for the rich and Injustice is for the poor" A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds" To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters.
After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them.
Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (the payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take proper investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take proper investigation/ not take any action/not take any type of query nor he did roundup them against my case.
When I saw that already near by 90-100 days went by “ I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you.
As I’m 100 percent innocent so I screw up my courage to place my grievances to every body in order to get redress. So I want to let my matter informed all the Indian and others. I wrote my matter to our local P.S., Local Councilor, all M.P., M.L.A., Minister in W.B. and Other States, C.M. in W.B., CBI Department, CID Department, S.P. and Dy.S.P.(N.) 24 Parganas, DGP Bhupindar Singh, All the I.P.S. AND I.A.S. OFFICERS. Governor in W.B, and President in India. P.M. in India, National/International Human rights department, AAP KI KACHEHRI – KIRAN KE SAATH, Kolkata Police, and all police officers in W.B. informed Kolkata Commissioner of Police, Manager S.B.I.-Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India, Bank Ph. No. 033 25308337. My nation, all of the news channels, and all press, Talking with some NGO’s: 1. Universal Right and Duty for Human to Abide URDHA, 2. Human Right Commission’s Mr. Ujjal Paul and Mr. Shibaji Dasgupta. 3. Bhatat Bachao Sangathan BBS. 4. Forum for Social Justice and Development FSJD. 5. Ajjtak News Channel’s Miss Menogya. and many more, (anybody can’t help me/ fight for truth /don’t take proper investigation/do not take any action/don’t take any type of query/ Still Now, I see they all are in sound asleep. The reason is best known to them.
I hope you would care to me, your prompt action shall be highly appreciated and deserves to be lauded.
With kindest regards,
Dipak Kumar Adhikari
Tegharia(Dhali Para),NandanKanan. P.S.: Baguiati.
P.O.: Hatiara. Dist.: North24Parganas.
Kolkata-700059 Email: dipakadhikari_59@yahoo.com
W.B. India. PH. 9836149983