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|GOVERNMENT OF INDIA |
|MINISTRY OF EXTERNAL AFFAIRS |
|RAJYA SABHA |
|QUESTION NO 5308 |
|ANSWERED ON 12.05.2005 |
RED ALERT NOTICE BY INTERPOL
|5308 ||SHRI R.K. ANAND |
|Will the Minister of EXTERNAL AFFAIRS be pleased to satate :- |
(a) whether it is a fact that Red Alert Notice by Interpol and International Warrants have been issued by German authorities against Indians for alleged fraud committed by Indians in Germany;
(b) whether Government has received any request/warrants from German Authorities for extradition of many businessmen in India; and
(c) what steps are being taken by Government to execute such warrants?
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|THE MINISTER OF STATE IN THE MINISTRY OF EXTERNAL AFFAIRS |
(SHRI E. AHAMED)
(a) Yes, Sir, valid warrants of arrest issued by German Judicial authorities against S/Shri Ashok Kumar Chauhan and Arun Kumar Chauhan, Directors of AMITY International, Ghaziabad, U.P. exist and the Interpol has issued Red-Corner-Notice Nos. 453/1990 and 459/1998 respectively at the request of Interpol Wiesbaden.
(b) Yes, Sir. The Embassy of Federal Republic of Germany in India at New Delhi has requested for legal assistance in serving documents/extradition of Ashok Kumar Chauhan and Arun Kumar Chauhan.
(c) As per Article 6 of the Extradition Treaty between the Republic of India and the Federal Republic of Germany neither of the Contracting States shall be bound to extradite its own nationals. However, as per the same article, criminal prosecution may be effected, in India. Therefore, Ministry of Home Affairs, which is the nodal Ministry in such matters have been requested to proceed in accordance with law.
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|Schooled in Deceit |
Behind Amity International’s flashy promos lie international arrest warrants against its directors Ashok and Arun Kumar Chauhan, and an extradition request for duping German banks. Ajmer Singh reports
Twenty-two sprawling campuses. 35,000 students. 130 professional degree courses. That’s the Amity universe. But what these promos fail to mention is that Amity directors Ashok Kumar Chauhan and Arun Kumar Chauhan also face an international arrest warrant. Interpol has issued a Red Corner Notice against them for alleged frauds committed in Federal Republic of Germany. The German Embassy has requested the Indian government for extradition, but the Chauhans have successfully evaded arrest/extradition for close to a decade. Ashok first went to Germany as a student, from western UP, and stayed on to trade in chemicals.
Nurturing Talent? Amity School complex
Ashok and Arun duped banking institutions not only in Germany, but elsewhere too. The Delhi High Court, on a petition filed by US-based Formossa Plastics Corporation, had restrained them from disposing of or otherwise encumbering properties standing/acquired in the names of the Ritnanad Balved Education Foundation (Ashok is the founder president of the foundation which runs Amity institutions), Ritnanad Balved Medical Foundation, Europa Foundation and his Trust Foundation.
Formossa requested the judiciary for registration of an fir against Ashok and others for cheating them. The Chauhans purchased plastic material from the company, but did not bother to clear the bills. Their total liability: Rs 95 crore. Based on the US company’s petition, the other properties on which the restraint order was issued were: 15 acres in Sector 44, Noida (Amity School complex); B-166, Sector 36; 113 acres at Panchgaon Manesar; and 5 acres in Saket.
On another petition filed by kreiss Bank, Germany, the Delhi High Court attached bank accounts worth Rs 15 crore of Ashok and his family. A Netherlands-based company, kivo, also filed a suit against the Chauhans for recovery of approximately Rs 10 crore, the bill for purchase of materials from the company.
Ashok and Arun, now residing at E-27, Defence Colony, New Delhi, are accused of intending to get hold of unlawful property and of having caused property damages to others by concealing facts.
According to the arrest warrant issued against them by the German judicial authorities, the brothers fooled credit institutions and banks. They claimed that their firms, kunstoplast and kunstochem, in Germany, were solvent enterprises and between November 1993 and March 1994, Ashok obtained discounted loans on bills of exchange from various financial institutions. They pretended that the credit slips were good bills of exchange. But the bills of exchange were not paid on due date because the drawees were insolvent.
The warrant states that the accused were able to withdraw in time — after spending nearly two decades in the country — to escape German prosecution. They camouflaged their flights abroad as business trips, and never returned. Ashok left Germany after March 26, 1994 on the pretext of negotiating with sponsors to save his akc group in Germany. On reaching Delhi, he filed a petition for bankruptcy (from June to November 1994).
Amity director Ashok Chauhan boasts of links in the BJP and the Congress. The VHP lists him as the chairperson of their European Central Committee
Alexander Frey, head, legal department, Kreiss Bank Frankfurt, told Tehelka, “Ashok and Arun have damaged kreiss Bank by $6 million (Rs 24 crore approx) and some more banks have lost between $15-20 million (Rs 60-80 crore approx).” Public Prosecutor Dominique Crede also confirmed this in an e-mail. Frey in an e-mail said the district attorney in Frankfurt had been trying to get the Chauhans extradited to Germany since 1996.
The German Embassy spokesman in New Delhi, Michael Reiffuenstuel, said, “The arrest warrants against Ashok and Arun are open and valid. There is a Red Corner Notice against them for frauds committed in Germany. In 2003, the embassy wrote to the ministry of external affairs. Oral requests were also made for their extradition, but there has been no response.”
Further, Minister of State for External Affairs E. Ahmed, in a written reply dated May 12, to an unstarred question asked by Rajya Sabha mp RK Anand, confirmed: “…valid warrants of arrest issued by German judicial authorities against Shri Ashok Kumar Chauhan and Arun Kumar Chauhan, directors of Amity International, Ghaziabad, UP, exist and the Interpol has issued Red Corner Notices Nos. 453/1990 and 459/1998 at the request of Interpol Wiesbaden… The Embassy of Federal Republic of Germany in India has requested for legal assistance in serving documents/extradition of Ashok Kumar Chauhan and Arun Kumar Chauhan.”
The minister also stated: “As per Article 6 of the extradition treaty between the Republic of India and the Federal Republic of Germany, neither of the contracting states shall be bound to extradite its own nationals. However, as per the same article, criminal prosecution may be effected in India. Therefore, the ministry of home affairs, which is the nodal ministry in such matters has been requested to proceed in accordance with law.”
The arrest warrant, an English translation of which was procured by Tehelka, lists six cases against the Chauhans. In the first case, the accused submitted to the kreiss Bank one bill of exchange of over dm 496,628.00 for discounting and for crediting the discount proceeds to kunstoplast’s account with the bank. The total damage to the bank was dm 487,832.58 (Rs 5,90,28,398).
This bill was issued on November 18, 1993, and was due on March 5, 1994. The firm, kivo, in Volendam, was the issuer and kunstoplast was the drawee. The acceptance of the drawee as well as the endorsement for kreiss Bank were signed by Ashok. The bill was protested on March 8, 1994, due to lack of payment.
‘I want a long-term association with you’
According to the Vishwa Hindu Parishad (VHP) website, Ashok is the chairperson of the VHP European Central Committee. The committee was formed for expansion of the VHPs activities abroad.
Ashok told Tehelka, “During my stay in Europe I was associated with VHP’s activities.” When asked about his connections with the high and mighty, he said, “bjp leader Rajnath Singh is like my brother, but I have good links in both the bjp and Congress. Wards of ministers and bureaucrats study in my institutions.”
When confronted with the arrest warrant against him and suits filed by American and Dutch companies, Ashok said, “All this is wrong and baseless.” Asked about the bank frauds in Germany and the Interpol Red Corner Notice against him, Ashok said, “I want to have a long-term association with you,” and left without answering the questions. During Tehelka’s first meeting with Ashok, he refused to answer the queries and said, “Mainey socha aap kisi admission ke silsile mein mujhe milne aae ho.” (I thought you have come to meet me regarding some admissions.)
In response to Tehelka’s questionnaire, Arun said, “There is absolutely no request for extradition from German authorities and there is no Red Corner Notice valid
in India. Neither is there any international warrant against us or any criminal proceedings initiated by any company/bank/individual in any of the courts in India or Germany. No investigation has been sought by American authorities. Complaints purportedly filed by unidentified persons, after investigations
Another case was to the disadvantage of Savings Bank Naila, wherein by mutual agreement with the conspirators, the accused, Arun, requested that the bank discount a
bill of exchange of over dm 448,200.00 and credit the discount proceeds to the account of kunstochem. The bill was protested on March 11, 1994 for lack of payment. The total damage to the bank dm 438,980.53 (Rs 5,31,16,580).
In the third case, kreiss Bank was commissioned by the accused to discount a bill of over dm 532,125.00 on behalf of the firm, kunstoplast. This bill was issued on November 22, 1993 and was due on March 16, 1994. Due to lack of payment the bank protested the bill on March 18, 1994. The total damage was dm 523,477.97
The fourth case relates to disadvantage of Savings Bank Naila and the damage was dm 533,042.81. The acceptance of the drawee as well as the mentioned endorsements were signed by Ashok. The bill was protested due to lack of payment. The warrant states that the accused, Arun, disposed of the credit balance to transfer dm 544,000.00.
The total damage was dm 533,042.81 (Rs 6,44,98,082).
The fifth case was to the disadvantage of kreiss Bank and the damage was dm 568.619,40. The bank protested this bill on March 28, 1994, due to lack of payment. On December 27, 1993, the discount proceeds of dm 568,619.40 were deposited in the account and were used to credit the overdraft limit of dm 1 million, which was again by disposals in January and February 1994, fully exhausted. The total damage was dm 568,619.40 (Rs 6,88,02,899).
The last case also pertained to disadvantages to kreiss Bank and the damage was dm 543,881.00. On March 10, 1994, the accused submitted to kreiss Bank a bill of exchange of over dm 556,400.00 with the request for discount to credit the proceeds to kunstoplast. The total damage was dm 543,881.00 (Rs 6,58,09,601).
There are signatures of Ashok on the acceptance as well as endorsement of the drawee to the kreiss Bank. Due to lack of payment the bill was protested on June 13, 1994.
June 11 , 2005
Amity student was a champion swimmer, could not have drowned: relatives
Relatives of Justine John Xavier, the first-year B Tech student of Amity University who drowned to death on Thursday, arrived in Noida for the post-mortem. The family, yet to get over the shock of his death, said the police need to probe the cause of death in detail. Talking to Newsline, Joseph Antony, Justine’s cousin, said his death by drowning is hard to believe.
“Justine had received many awards in swimming and was an alumnus of Chennai’s Montfort School. Drowning could never be the reason for death,” said another relative.
Justine’s parents are in Saudi Arabia.
Relatives, meanwhile, will be taking the body to Kerala tomorrow. “Justine’s parents will be reaching Kerala on Sunday,” said Sister Lincy, Justine’s aunt.
“Sayan Roy was with him when the incident occurred. Both were standing and suddenly, he felt something touching his legs. He bent down and saw Justine coiled around his legs. We gave him first aid and our ambulance rushed him to hospital where he was declared dead on arrival,” said Colonel Sood, a security officer with Amity.
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|CITY | Friday, September 4, 2009 | Email | Print | | Back |
Amity student drowns in campus pool
September 29, 2010 12:06:06 AM
Staff Reporter | Noida
In a tragic incident, a student of Amity University drowned while swimming in the campus pool on Thursday morning. The body of Justin John Peter (18), a student pursuing B Tech, was found around 8.30 am and sent to Kailash Hospital for post-mortem.
Justin John Xavier was an only child and is survived by his parents, his father working in a private firm in Saudi Arabia, while his mother stays in Kerala. According to college authorities, Justin was not only a good swimmer but also a basketball player.
“The time for the hostellers to swim was restricted for one hour between 7.30 am to 8.30 am. Justin used to swim everyday and just like any other day he was swimming in the campus when the incident happened,” said a college authority.
The friends who accompanied him claimed that after swimming two lengths of the pool, Justin was grasping at the side panel, when they saw him going down. One of the eyewitnesses said, “We saw him collapsing and we immediately pulled him out and also called the lifeguard.”
College authorities claimed that the resident doctors were immdediately called to give mouth-to-mouth resuscitation. “Justin was breathing even after he was pulled out,” said Savita Mehta, V-P(Communications), Amity University,. Doctors in the college premises advised to rush him to Kailash Hospital where he was declared to have been brought dead. The body has been sent for post-mortem examination, said Anil Samania, SHO of Police Station 39. Through prima facie, police denied any foul play and said, “Nothing can be said for certain till the post-mortem is out. However, the college authorities as well as close associates of Justin clarified that Justin was complaining of chest-pain.” Justin’s friend Neeraj (name changed) said, “He was having acute chest pain but we did not take it seriously. He was a basketball player and thought it was sparked by a pulled muscle.”
While the post-mortem examination report is awaited, college authorities paid condolences towards the young man. His friends expressed their grief over the loss of a friend who according to them was a very jolly and amiable person. “Justin was a good academician also,” added a Professor. “Justin’s parents were informed in the evening and are expected to arrive tomorrow though we have not informed them of their son’s death,” stated the college authorities. According to Mehta, even though the college follows a proper procedure where medical forms have to be filled along with the admission form in case any child is suffering from an ailment, most of the parents do not fill up the forms.
|Friday, September 4, 2009, Chandigarh, India |
|D E L H I A N D N E I G H B O U R H O O D |
B.Tech student drowns in 4-ft Amity pool
Tribune News Service and IANS Noida, September 3
A first year B.Tech student of Aerospace Engineering, Justin John Xavier, 18, drowned in the swimming pool of Amity University in Sector 125, Noida, around 8 a.m. today.
That Justin John, a six-footer, had drowned in 4-ft-deep pool on campus of the university while a coach, three to four lifeguards were present in the pool area, appears suspicious.
About 10 other students were also swimming in the pool at that time.
According to Prof. V.P. Sandlas, director- general, school of space science and technology, Amity, Xavier was a brilliant student and good swimmer. He was swimming along with some other friends. He had earlier gone jogging in the morning.
According to Prof Sandlas, a student noticed something unusual—John was sitting in the pool. He called some other students and the lifeguards. John Xavier was pulled out of the pool and rushed to the Kailash Hospital in Noida where doctors pronounced him “brought dead”.
“Justine had conveyed to his hostel mates 2-3 days back that he was suffering from some chest pain. He could have died perhaps due to a cardiac arrest inside the pool. But the exact picture would be clear only after the postmortem report is received,” Amity University vice-president (Corporate Communications) Savita Mehta said.
Justine was admitted to the college in the last week of July and had been staying in the college hostel since early August.
Justine was pursuing a dual degree (B. Tech and M. Tech combined) in space and avionics engineering programme. His father works with a private firm in Saudi Arabia and mother lives in Mumbai.
“A postmortem is yet to be conducted on Justine’s body as his parents are yet to arrive. His father has been informed. One of his uncles staying in Maharashtra is expected to arrive. His mother is also expected to reach,” said superintendent of police (city) A.K. Tripathi.
Amity student’s family plans trust for the needy in his memory.
Pragya KaushikaTags : amity case, delhiPosted: Wed Jan 20 2010, 00:42 hrsNew Delhi:The untimely death of his only son Justin John Xavier on September 3 last year, gave John Xavier a reason to chalk out a new direction in his busy life. The parents of the former student at Noida’s Amity University plan to start a foundation in his name to help the poor and the needy.
The Justin John Foundation will help economically backward children in the spheres of education and health.
“It is a painful new year for us. We have decided to dedicate the rest of our lives to the poor and needy. We plan to start a foundation in the name of Justin and use our entire wealth for the well-being of the underprivileged,” John Xavier said.
The family is still fighting the case of Justin’s death in Kerala High Court, which has directed the state Home Ministry to expedite the investigations.
“On January 15, the High Court directed the Home Ministry to speed up the investigations. We are still waiting for the second postmortem report of Justin. We want to know the exact cause of death to get justice,” he added
Amity student drowns in pool
NOIDA: An 18-year-old engineering student of Amity University drowned in the college swimming pool under mysterious circumstances on Thursday morning.
According to the police, Justin John Xavier, a first year B.Tech student studying the dual aerospace and avionics five-year course at Amity, had gone for his regular swimming session at 8 am with his friend. Justin belonged to Kerela and was an expert swimmer. Within minutes, Justine was drowned but the lifeguards rescued him in less than a minute. He was rushed to a private hospital where he collapsed.
"Our investigations revealed that Xavier was at least 6 feet tall. He drowned towards the shallow end of the pool which is 4 feet deep. His friends told us that he was found "sitting'' at the base when the lifeguards were alerted. We will wait for the postmortem to take place on Friday when his parents come down from Kerala. We will lodge a FIR depending on our findings. As of now, we are not ruling out the injury angle,'' said a senior officer at the sector 39 police station.
According to Savita Mehta, PRO, Amity University, the student had moved to the hostel a month ago. "We have our regular slot in the pool for hoteliers from 7.30 am to 8.30 am in the morning. The deceased came to the pool at that time when suddenly around 8 am his friend found him "sitting'' on the base of the pool which is just about 4 feet deep. Our four lifeguards immediately rescued him and took him to hospital. The entire Amity community is shocked and grieved by the incident,'' said Mehta.
Mehta added that Xavier had complained of chest pain two days ago. "We are waiting for his parents to arrive and update us with his medical report,'' she added.
Xavier's father, John Xavier is a businessman and presently based in Saudi Arabia. His mother stays at Kochi. "We will investigate the case. As of now, it will be difficult to say whether there was foul play,'' added the police officer
|Tuesday, August 25, 2009, Chandigarh, India |
|M A I N N E W S |
A Tribune Exclusive New Delhi, August 24
MEA protecting individuals with criminal past: CIC
Girja Shankar Kaura
Tribune News Service
Ministry of External Affairs has come under severe criticism from the Central Information Commission (CIC) for trying to avoid sharing information regarding a red corner alert issued by the Interpol in regard to two Indian nationals and protecting them from being prosecuted.
The condemnation came from Information Commissioner Annapurna Dixit as the MEA refused provide information on an application filed by one Ashwini Kumar Shrivastava saying that, “disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with a foreign State or lead to incitement of an offence”.
While allowing the appeal, the Commission has also directed the CPIO of the ministry to provide complete information to the Appellant by September 15, under intimation to the Commission.
Shrivastava had sought to know from the MEA whether any red alert notice by Interpol and international arrest warrants was ever issued by German Judicial Authorities against Ashok Kumar Chauhan and Arun Kumar Chauhan, Directors of Amity International, Ghaziabad, UP.
He also wanted to know if the red corner alert had been issued and there were international arrest warrants against them, then whether the notice was served upon them (individually or both), what were the arrest warrants in regard to and what action had been taken by the government?
The MEA received the request in June last year and since then it travelled to Legal Cell of Ministry of Home Affairs and back to the MEA, but without any answers.
Incidentally, the Legal Cell of the MHA informed the appellant that requests for extradition (Execution of arrest warrant) under various Extradition Treaties was administered by the Ministry of External Affairs while red corner notices were dealt by the AD (Interpol), CBI and the requisite information may be available with these agencies.
In the meantime, the MEA responded to the transferred request from the Legal Cell of MHA in July last year denying the information under provisions of Section 8 (1) (a) of the RTI ACT, 2005.
The denial from the MEA came despite information sought having already been made public in the Rajya Sabha in reply to a question.
The then Minister of State in the Ministry of External Affairs E. Ahmed had responded to the question admitting the issuance of such red corner notice and international arrest warrants giving the numbers of the red corner notices as 453/1990 and 459/1998.
The minister also stated that the Embassy of Federal Republic of Germany in India had requested for legal assistance in serving documents/extradition of Ashok Kumar Chauhan and Arun Kumar Chauhan and that as per Article 6 of the Extradition Treaty between the Republic of India and the Federal Republic of Germany neither of the Contracting States shall be bound to extradite its own nationals.
However, as per the same article, criminal prosecution may be effected, in India. Therefore, Ministry of Home Affairs, which is the nodal Ministry in such matters have been requested to proceed in accordance with law, he said.
The appellant finally moved the CIC and Information Commissioner Annapurna Dixit kept the date for first hearing for June 15 last. During the hearing, the appellant repeated his arguments and contended that the information regarding the two Directors was already in the public domain with several newspapers and magazines having covered the story, besides the question in Parliament.
The commission while allowing the appeal has pointed out that denial of information suggests corruption and the collusion of various officials in hushing up the case and has sought to know how the disclosure of information about the issuance of red corner notice by Interpol would harm the security, strategic, scientific or economic interests of the country. “It is therefore the view of the Commission that the provisions of the Section 8 (1) (a) of the RTI Act 2005 are not attracted in this case since disclosure of information as sought by the Appellant in this case, is not likely to in anyway prejudicially affect the sovereignty and integrity of India, nor can the disclosure of such information lead to any breach of security, strategic, scientific or economic interests of the State, in relation with a foreign State,” Dixit said while allowing the appeal.
“The subject matter sought in the RTI request being related to a case of alleged fraud by two Indians mentioned hereinabove, and involving millions of Dollars, the possibility of corruption taking place at various levels in an effort to save the two individuals from being prosecuted as per the laws of this country, as alleged by the appellant, certainly cannot be ruled out,” she added.
In fact disclosure of such information will only be beneficial in boosting the integrity of Indian judicial system in the international scenario as also lead to transparency about such matters of international consequence. Hence it is in the larger public interest that such information should be made available to the public to promote the faith of people of not only India but also of the world on the Indian judicial system, she said.