What happened and happening in Hathras are horrific. On 14th September night, a 19 year dalit girl was dragged out to nearby field from near her house, as she resisted she was thrashed, gang raped, her spine damaged under torture and thrown to the fields to die by four Thakur goons. After hours of search when she was found and taken to nearby police station in precarious condition, SHO refusing to file FIR, delaying her hospitalization for hours, doctors under orders from above not giving proper treatment, shifted to Safdarjung hospital after a week where she succumbs to injuries. Though the girl complained of gang rape and told the names of the culprits police refuse to record. When the girl died, after a hurried post mortem, instead of handing over the body to family, under DM’s orders body taken to her village, and after surrounding her house and other dalit houses by hundreds of police men, detain all in their houses, burn the body to destroy all proof at 3 am on 30th September! Journalists and activists of political parties trying to go to the village are forcefully stopped or detained declaring 144 in the whole area. While her family and neighbours are still detained and prevented from moving out of their houses, the Thakur goons are allowed to demonstrate with threatening slogans and demanding the release of the culprits. The RSS parivar and the whole state machinery is seen distorting the case, even accusing the girl for everything and protecting the culprits, even after Allahabad High Court taking suo-moto case against the horrific incident.
What is happening under RSS led Modi-Yogi rule reminds us of the days of Brahmanical offensive under Adi-Sankara, in 8th century, killing thousands of Budhist Shramans, destroying Budh vihars, eliminating the Charvaks and Lokayats, burning down their books, and imposing Manusmrithi in the most barbarous form. Under it women should be detested, kept enslaved by men for fulfilling their lust and getting served well. All Sudra and Ati-Sudra women were reserved for Brahmins’ sexual plunder, and laws were made for it. Though some of the earlier Sudras have raised their economic status and behave like upper caste today, in every region their women had to satisfy the Brahmin-Thakurs, men had to work like slaves for these upper caste lords. Many of the neo- Brahmanical leaders of middle castes and dalit, Adivasi sections forget their past under Brahmin-Thakur raj. In Bihar villages and many other places the Brahmin-Thakur landlords had the first night right of dalit brides till many of them were annihilated by the first wave of naxalites. That is why they organized many senas to protect themselves. Now the coming of Manuvadi Hindutua of RSS, these Brahmin-Thakur who have become capitalist landlords and neo rich sections want to re-establish the right to enslave dalit men by throwing out of whatever little reservation rights they have to their old menial jobs and their sexual rights over dalit women. In different states in different form this new onslaught is taking place in newer forms. In UP under Yogi the Thakur raj has taken most horrific forms, In this they help the naked support of the IAS-IPS lobby and top administration, police men also. Whether Mayavathi, or SP raj they had done it at low key, but under Modi-Yogi they are coming out to openly assert with the still Brahmin-Thakur dominated political and administrative system. The Communists who recognize the need for caste annihilation and revolutionary social change and the dalits and other oppressed sections who are prepared to pursue caste annihilation, women’s liberation, educational, economic uplifting of the women and all oppressed should join hands to overthrow the barbarous domination of the caste system and corporate plunder for social revolution to create a casteless, genuinely secular, democratic and egalitarian society.
CPI (ML) Redstar
3rd October 2020
Today, the curtain came down on the drama enacted by consecutive governments for the last 28 years after the criminal act of demolition of Babri Masjid on 6th December, 1992, in broad day light with millions of people hearing the extortions of Uma Bharathi, LK Advani and others to the tens of thousands of the hoodlums mobilized by RSS, many of whom were staying at Ayodhya for many days and getting trained how to demolish such an old structure, and thousands of them rushing up to the tombs and start demolishing, with the large numbers of state police, para-miitary and military forces mobilized to implement the assurance given to the Supreme Court by the state and central governments that the babri Masjid shall be protected at any cost, standing like silent witnesses to the barbaric act. The governments at centre, the investigation agencies and the judiciary were engaged in finding out the culprits. Today reading out the 2,000-page order, CBI judge Surendra Kumar Yadav acquitted all 32 accused in the 1992 Babri Masjid demolition case. The court observed that the demolition was not pre-planned and evidences are not strong. Earlier, the former CJI, Ranjan Gogoi, reading out the Supreme Court order handing over the 2.71 acre land where the Babri Masjid stood to the very same criminals of RSS parivar who had committed the criminal act of demolishing the Masjid. Today the honourable judge for the CBI found no body is responsible for the demolition and acquitted all the criminals. This is the way fascism works, and CBIs and Judges works. Decisions are taken in the office of Modi and everyone will implement it.
It is high time we clearly say Down with Manuvadi RSS Neo-Fascism and strengthen our efforts to overthrow it.
CPI(ML) Red Star
30th September 2020
The spread of Corona Virus in India has been on the upswing despite the measures undertaken by the state. In most parts of India the suffering has been immense. The central Government took up the issue of Covid 19, with great amount of delay. From early February WHO started warning the Governments all around about the impending dangers of the pandemic. That time Indian Government was busy in organizing ‘Namaste Trump’ and the ruling party at Centre was busy with the operation Kamal to overthrow the Congress Government in MP. As The Janata Curfew was declared on 22nnd March and total lockdown on 24th March, the issue started being taken up seriously. To shirk the responsibility of the state, it found a very convenient target. The Tabligi Jamaat’s (TJ) seminar (13-15 March) in Markaz Nijamuddin was blamed for the spread of Corona by the Government and then by the media. Definitely some lapses must have occurred in organizing of the seminar at this time, and a large assembly taking place during a pandemic is inexcusable at one level.
At the same time thousands of people had come to India for the event ‘Namaste Trump’. Nearly two lakh people were exposed to this event. The Temples and Mutt congregations were going on. The TJ people had come to India with due permissions and screenings at airports. Despite all this the move to blame them for spreading Corona just exemplified the mind set and political manoeuvre of the Government. Demonising Tablighis was to target the whole Muslim Community of country.
The Godi (Lap) Media (or Communal media) went hysteric in proclaiming that Tablighis were deliberately spreading the disease as per the plan. This is their ‘Corona Jihad’ and they are preparing ‘Corona Bomb’ in Markaz, which is at stone’s throw from the police station of the area! The reach of this section of media is astounding. It got picked up and ‘Muslims are deliberately spreading the disease’ became part of the ‘common social understanding’. The impact on the social life was instant. Muslim truck drivers at places had to run away to escape the mobs. The Muslim vegetable vendors were beaten up at places and not permitted in many housing colonies.
After some of these Tablighis were quarantined and admitted to hospitals, it was a heyday for the fake news makers. What started doing rounds was that these Tablighis are making obscene gestures to nurses, are spitting, and are moving in the wards without clothes. All this gave grist to the mill of Islamophobia, already peaking in India. Police promptly went into action and cases were launched against the Tablighis who had come from abroad. The cases filed were under various clauses related to violation of VISA rules, spreading the epidemic, and also preaching Islam.
In couple of judgments on the issue, the role of media and police has come from scathing criticism. The blatant falsehood of FIR’s and the propaganda of section of Media stand exposed. In its judgement the Aurangabad bench of Bombay High court, the observation of the court are remarkably reflecting of the state of affairs of the attitude of police and media towards Muslims. The High Court clearly stated that the action against Tablighis is an attempt to find the scapegoat for the Covid 19. It observes, “, “A political Government tries to find the scapegoat when there is pandemic or calamity and the circumstances show that there is probability that these foreigners were chosen to make them scapegoats. The aforesaid circumstances and the latest figures of infection in India show that such action against present petitioners should not have been taken.” And further critiquing the media, the Court observes, “There was big propaganda in print media and electronic media against the foreigners who had come to Markaz Delhi and an attempt was made to create a picture that these foreigners were responsible for spreading covid-19 virus in India. There was virtually persecution against these foreigners.”
The judgment should go down as a case study of the attitude of state (police) and media towards its religious minorities in the country as those Muslims who came from aboard for seminars or touring the country were harassed to no end. The Court states, “This action indirectly gave warning to Indian Muslims that action in any form and for anything can be taken against Muslims. It was indicated that even for keeping contact with Muslims of other countries, action will be taken against them. Thus, there is smell of malice to the action taken against these foreigners and Muslim for their alleged activities. The circumstances like malice are important consideration when relief is claimed of quashing of F.I.R. and the case itself.”
Incidentally as Covid 19 shows us that those who matter and those who spread information are totally biased and look for scapegoats among Muslims, it also shows that there are some who are treated as Holy Cows. In the recent Delhi violence most of those who have been targeted are those who were active in protests against Government in anti CAA-NRC agitations. Those who gave provocative speeches, Desh Ke Gaddaron ko, (Anurag Thakur), There are rapist amongst those participating in the protests (Parvesh Varma) and ‘We will dislodge them physically (Kapil Mishra), are very much moving around while those who talked of peaceful protests are under the scanner.
Similar attitude was also observed in the series of bomb blasts, which shook the country between 2006-2008. Just one example will suffice, in the aftermath of Makkah Masjid blast (Hyderabad) scores of Muslim youth were arrested right away. They were released again by Court for the lack of any credible evidence. In Malegaon blast case ditto, one of the accused in the blast Pragya Thakur is on bail and has become the law maker. In practice what is ruling is the biased attitude, targeting some for their religion and exonerating others, again for their belonging to a particular religion!
(On August 31, a Supreme Court Bench headed by Justice Arun Mishra approved the decision by electricity regulators to grant Adani Power “compensatory tariffs” amounting to Rs 8,000 crore for electricity generated at its power plant in Rajasthan. The verdict, just before Justice Mishra’s retirement on September 2, is the seventh judgment since the beginning of 2019 in which benches headed by him have ruled in favour of Adani group of companies.)
Bengaluru/Gurugram: On August 31, a Supreme Court bench headed by Justice Arun Kumar Mishra, that included Justices Vineet Saran and M R Shah, ruled in favour of a company in the Adani group in a dispute with public sector power distribution companies in Rajasthan. The verdict, issued three days before Justice Mishra retired from the court on September 2, has granted Adani Power Rajasthan Limited (APRL) – which owns a 1,320 megawatt capacity thermal power station in Kawai, Baran district – “compensatory tariffs” worth over Rs 5,000 crore and penalties and interest payments of nearly Rs 3,000 crore.
This “price” of Rs 8,000 crore will be borne by electricity consumers in the cities of Jaipur, Jodhpur and Ajmer. This is the seventh verdict in favour of Adani group companies issued by benches headed by Justice Mishra since the beginning of 2019.
The verdict was on petitions by power distribution companies (discoms) of the three cities, and a separate petition by the All India Power Engineers Federation (AIPEF), a representative body of employees of public sector power companies, against a September 2019 verdict of the Appellate Tribunal for Electricity (APTEL). Agreeing with the APTEL’s contention that APRL had suffered on account of a “change in law” for which it was owed compensation, the Supreme Court bench rejected the arguments made in appeal by the discoms and AIPEF.
The court held that a memorandum of understanding (MoU) signed by the government of Rajasthan providing an “assurance” that it would “facilitate” allocation of coal mined domestically as fuel supply for Adani’s power plant in Kawai, constituted the basis for power purchase agreements (PPAs) signed by the Adani group company with the Rajasthan discoms in 2010. This was despite those PPAs having been signed on the basis of APRL bidding successfully in a competitive auction, which it qualified to participate in on the basis of a coal supply agreement (CSA) it signed with its sister company, Adani Enterprises Limited (AEL), for coal imported from Indonesia.
Subsequently, the failure of the power plant to secure a coal allocation from the government constituted a “change in law,” the court held. This, coupled with the fact that in 2011 the price of coal imported from Indonesia had risen significantly above the levels agreed upon in the CSA that qualified APRL to participate in the auction, entitled the company to “compensatory tariffs,” the Supreme Court ruled.
Domestic or Imported Coal?
The case before the apex court depended on answers to two important questions.
In 2009, the Rajasthan discoms conducted an auction in which private power producers were invited to participate and present bids to win the right to sell electricity to the state. In order to qualify to participate in the auction, the private power generation companies needed to have in place CSAs – either a domestic coal linkage that would supply enough coal for the entire lifetime of the PPAs or a CSA for imported coal that would supply at least half of the fuel requirement for the first five years of the PPAs.
At the time the auction was announced, with requests for proposals being circulated, in February 2009, the Adani group company was in the process of setting up its power plant at Kawai, but did not have any CSA. While in a MoU signed by the government of Rajasthan with AEL in March 2008, the government had assured its support to the project in facilitating it to obtain a domestic coal linkage, this did not constitute a concrete agreement that would qualify it to participate in the auction.
While preparing its bid, in June 2009, APRL wrote to the Rajasthan government seeking its support under the terms of the MoU for securing a coal linkage, requesting either the allocation of excess coal from existing coal mines owned by the state government, including the Parsa East Kente Basan mine in Chhattisgarh, which another Adani group company was contracted to mine, or to support its application for allotment of a captive coal block to the Union government.
However, without a CSA guaranteeing its coal supply, APRL would not qualify to bid in the auction. Hence, in June 2009, it executed a CSA with group company, AEL, for supply of coal imported from Indonesia for the Kawai project. In addition, APRL also applied for a long-term coal linkage contract to the Union Ministry of Coal in July 2009. With this CSA for imported coal in place, APRL submitted its bid in the auction, attaching the agreement to its bid.
It was because of this agreement that APRL’s bid was considered in the first place during the auction. Having qualified, the Rajasthan government sought a clarification from APRL regarding the evaluation of its bid. APRL clarified that it intended to “use domestic coal as well as imported coal.” Pointing to the CSA, it said: “A duly executed Fuel Supply Agreement for more than 50% of the coal requirement for a period of 5 years has been submitted along with this bid.”
The company added: “…we have also submitted with the bid a MoU executed between the GoR (government of Rajasthan) and AEL wherein...the state has assured in making its efforts to facilitate in getting coal linkage/block or coal from any other source for the power project.”
Hence, APRL stated that “we (will) meet the fuel requirement on the basis of imported coal tie-up,” adding: “… we are sure to get domestic fuel tie-up with the support of the GoR. In view of this we submit that our bid should be evaluated on the basis of Domestic Coal tie-up. We undertake that payment considering domestic coal escalations will be acceptable to us during the term of the PPA (power purchase agreement).”
However, once its bid qualified and was evaluated by the discoms, APRL cancelled its CSA with AEL on June 10, 2009. The agreement had been used only to qualify for the auction.
APRL’s bid was the lowest and it won a contract to supply electricity to the state discoms from its 1,320 megawatt (MW) capacity Kawai power project. A letter of intent (LoI) was issued to APRL by the discoms on December 17, 2009, which stated the following: “Your offer to provide 1,200 MW power at the rates mentioned at Annexure-1 and escalations thereof on domestic coal is based on your commitment that the above rates would be applicable even in case of coal requirement being met by you by way of back up arrangement with imported coal.”
This meant that even if APRL were to use imported coal under its CSA with AEL, the tariff would be calculated based on the prices of domestic coal. This LoI was “unconditionally accepted” by APRL.
Terms of Power Purchase Agreement
However, the PPA that was signed the following month, on January 28, 2010, did not reflect the same terms. While it noted that the fuel supply arrangement for the PPA was based on the supply of domestic coal with a fallback support arrangement of imported coal for five years, it dropped the language clarifying that the tariff would be calculated against domestic coal prices, irrespective of the source of the coal – imported or domestic.
Given this sequence of facts, the first question before the Supreme Court was whether the bid was based on domestic coal or imported coal. The APTEL and the Rajasthan Electricity Regulatory Commission (RERC) that had ruled on the dispute before it, had both held that the bid was indeed based on domestic coal.
While the discoms, represented by senior advocate C Aryama Sundaram argued that though the bid was evaluated based on a domestic coal linkage, no such linkage was actually in place, and it was the CSA for imported coal that was a fallback option for supplying 50% of the coal required by the power plant for the first five years that qualified APRL’s bid. In fact, the CSA had been for 61% of the coal requirement. Accordingly, the discoms argued that if any compensation has to be claimed, it could only arise on the remaining 39% of the domestic coal that APRL had said it would use for the project during the first five years, if this was the subject of a change in law.
Senior advocate and Congress party leader Abhishek Manu Singhvi, appearing for the Adani group company, meanwhile, argued that the CSA was only a qualifying document, and had no bearing on the tariff which was determined entirely against domestic coal. The entire bid was premised and accepted on domestic coal, and hence was affected by a “change in law” when the government failed to provide the promised coal linkage, and therefore APRL was entitled to compensation, he argued.
The Arun Mishra-led bench came down on the side of the Adani group company, ruling that the bid was based entirely on domestic coal.
Padamjit Singh, the convenor of the AIPEF, in an interview to Newsclick said this was the result of a “self-goal” by the Rajasthan discoms: “The Rajasthan discoms took the precaution to put a condition in the LoI that regardless of whether Adani Power were to use foreign or domestic coal it will be paid power tariffs determined according to domestic coal prices. This is recorded in the Supreme Court order as well. But the problem arose because this condition was not put in the PPA.”
Singh asked that “if Adani Power was awarded the contract under a certain understanding, why was that condition not put in the PPA, when it was such a critically important condition?” He said this condition was the basis on which the PPA was awarded.
“Adani had accepted the LoI unconditionally, so there would have been no way to challenge it if the discoms had put it in the PPA and the matter would have rested right there,” the AIPEF convenor pointed out, adding: “This was where the Rajasthan discoms lost the game. It was a self-goal. It was a huge blunder, or perhaps the discom officials were arm-twisted. There is no reasonable explanation.”
Libbying by Rajasthan Governement
The second significant issue before the Supreme Court was whether, having assured APRL in its MoU with the Rajasthan government that it would facilitate it to acquire a coal linkage, did APRL face a “change in law” when it failed to do so until 2018? Under the terms of the PPA, “change in law” is one of the conditions that enables either party to seek a tariff revision.
This question too, ultimately was decided by a “self-goal” by the Rajasthan discoms.
In August 2007, a LoI was issued by the Rajasthan Rajya Vidyut Udpadan Nigam Limited (RRVUNL) in favour of AEL to develop the Parsa East and Kente Basan (PEKB) coal block located in northern Chhattisgarh. The LoI stipulated that the coal could be utilised at the discretion of the Rajasthan government for new upcoming thermal power projects.
In March 2008, a MoU was signed between the Rajasthan government and AEL for the latter to set up a coal-based thermal power generation project in Kawai that also stipulated that the state government assured its support to the project in ensuring allotment of a coal linkage. Between May and June 2008, AEL wrote to the Rajasthan government six times, requesting that it consider allotment of coal from the PEKB coal mine, which was already being developed. With no such allotment forthcoming, at the end of August 2008, AEL requested the state government to apply to the Ministry of Coal for a coal block to be allocated to the Kawai project for the development of a captive coal mine.
In July 2009, when it was preparing to file its bid in the auction for the right to sell power to the discoms, AEL applied for a coal linkage to the government. It did so under the terms of the National Coal Distribution Policy of 2007, under which projects approved by a Standing Linkage Committee of the government would receive 100% of its coal from the public sector Coal India Limited (CIL).
By the beginning of 2010, APRL had PPAs in place with the Rajasthan discoms, but no coal linkage yet. At this stage, APRL once again wrote to the Rajasthan government seeking allocation of a captive coal block for its Kawai project. It further requested the state government to execute a fuel supply agreement between RRVUNL (which had discretionary authority over the use of coal from the PEKB coal mine) and itself. Starting in January 2011, the Rajasthan government lobbied the Union government to seek the allocation of a coal block for the Kawai power project.
In a previous article for NewsClick, the authors of this article have described this process in detail:
The Rajasthan government wrote to the Ministry of Coal in January 2011 requesting it to allocate coal blocks identified by the government in Chhattisgarh to meet the coal requirements for various power projects in the state, including the one at Kawai. Receiving no response for over a year, in February 2012, the state government wrote to the Central government again, this time to both the Ministry of Coal and Ministry of Power, requesting that the Kawai project be considered at par with other power projects in the Central government’s 11th Five Year Plan (2007-12), despite the project being part of the 12th Five-Year Plan (2012-17).
In response, the Ministry of Power responded that the project was part of the Twelfth Plan and would be considered for implementation in due course. Meanwhile, the ministry suggested that the government of Rajasthan examine the possibility of increasing the mining capacity in coal blocks already allocated to it in Chhattisgarh and allocate coal for the Kawai project from these blocks.
At the same time, in February 2012, the Standing Linkage Committee decided that no new fuel supply agreements (FSAs) would be signed by CIL owing to a shortage of coal.
The Rajasthan government wrote back in November 2012 that there was not enough surplus coal in its allocated coal blocks allegedly without attempting to revise the quantity of coal it was recovering from those mines. In effect, the Rajasthan government, after having committed itself to securing domestic coal for the Kawai project, and after being asked by both APRL and the Central government to supply coal from its own coal mines in Chhattisgarh, was refusing to do so.
Thereafter, the Rajasthan government escalated its lobbying in New Delhi. On November 26, 2012, a letter was sent by Chief Minister Ashok Gehlot to the Ministries of Coal and Power requesting ad hoc allocations of coal, as the Kawai power plant was due to commence operations. The Rajasthan government wrote another letter to the Planning Commission in January 2013. In December 2012, the Kawai power plant started operating on imported Indonesian coal on a “test” basis, and was synchronised with the state’s power grid in August 2013.
In February 2013, APRL wrote to the discoms stating that the Rajasthan government’s persistent attempts to secure a domestic coal linkage had failed and that since the plant was running on Indonesian coal, the prices of which had surged following the implementation of a new law by the Indonesian government, it would require a revision of tariff to compensate the private company for its higher costs due to use of imported coal.
With no domestic coal linkage in place, in April 2013, with the scheduled supply of power due to begin, APRL approached RERC with a petition seeking a hike in electricity tariff over what had been fixed, based on its bid in the competitive auction in 2010.
After this, in May 2013 the government decided to change the National Coal Distribution Policy (NCDP), that was notified in July 2013. In this amended policy, CIL would supply a portion of the fuel requirements of power plants which were yet to secure coal linkages, and supply the remainder by importing coal, which the power generators could also import for themselves.
Change in Lasw?
The question before the court was, whether this inability of APRL to secure a domestic coal linkage constituted a change in law. But reviewing the arguments and counter arguments would be futile because, in an affidavit submitted to the RERC by the discoms, months before the Ashok Gehlot led Congress government in Rajasthan demitted office in December 2013, the discoms admitted that it did agree that a change in law had indeed taken place!
“This was a suicidal admission,” said Singh. “This was quoted everywhere – from the RERC to the APTEL to the Supreme Court as well – and it has been exploited to the hilt.”
He added: “There was a swing of opinion or attitude somewhere mid-way in the case. It was like a friendly match and the government in Rajasthan appeared to be inclined to favour Adani Power and did not take a hard line against giving them any kind of concession. But somehow later on, they seem to have woken up and decided to contest it tooth and nail. But that changeover came too late. And by then they had already scored a number of self-goals.”
(Mis-)Using Energy Watchdog Judgment
With the admission by the discoms, the judgment draws on the so-called “Energy Watchdog” judgment of the Supreme Court of April 2017. In that case, also a demand for compensatory tariffs by an Adani-owned power plant – its Mundra power plant which supplies power to Gujarat, and several other states – the Supreme Court had ruled that it was entitled to limited compensation on account of change in law, because it already had a CSA in place with CIL, which was modified by the amended NCDP of 2013.
However, in the same judgment issued by a bench comprising Justices Rohinton Nariman and Pinaki Chandra Ghosh, the Supreme Court had also elucidated a fundamental principle: “The price payable for the supply of coal is entirely for the person who sets up the power plant to bear...it is clear that an unexpected rise in the price of coal will not absolve the generating companies from performing their part of the contract for the very good reason that when they submitted their bids, this was a risk they knowingly took...the risk of supplying electricity at the tariff indicated was upon the generating company.”
The present judgment draws from the Energy Watchdog judgment in its understanding of change in law, while appearing to ignore the above principle. Despite not having been a CSA in place, the verdict by the Justice Arun Mishra-led bench held that the MoU between the Government of Rajasthan and APRL was sufficient to fulfil the basis for holding that APRL had suffered a change in law.
Over Invoicing of Coal?
A Third Issue, that had been raised by the AIPEF, was that of allegations of over-invoicing of coal imported from Indonesia, that have been raised against 40 Indian companies including companies in the Adani group by the Directorate of Revenue Intelligence (DRI), the investigation arm of India’s customs authorities under the Ministry of Finance.
The DRI has alleged that companies in the Adani group, among other private and public sector companies, had artificially inflated the prices of imported coal by manipulating invoices and valuations. Additionally, it had alleged, the illicit gains thus made were being parked in offshore tax haven jurisdictions.
Specifically with regard to its investigations into the Adani group, the DRI is in a legal battle at the Supreme Court over Adani’s attempts to block its investigation. In 2018, the DRI had sent Letters Rogatory to Singapore, Hong Kong, Switzerland and the United Arab Emirates seeking the support of the courts in those countries to obtain banking and other documents it required for its investigation into the Adani group’s import of coal from Indonesia. The Adani group sought to quash these letters rogatory, first in the courts in Singapore, and having failed there, at the Bombay High Court. The Bombay High Court had in 2019 ruled in Adani’s favour and quashed the letters rogatory, which the DRI is currently appealing before the Supreme Court. In January of this year, the Supreme Court stayed the High Court’s order as it heard the case.
The Justice Arun Mishra-led bench refused to entertain the issue. Noting that the AIPEF’s counsel, Prashant Bhushan, had sought to bring the matter to the court’s attention, the verdict reads “we are of the opinion that until and unless there is a finding recorded by the competent court as to invoicing, the submission cannot be accepted.”
Impact of Judgement
The one count on which the Supreme Court’s verdict has given a minor relief to the discoms is on the interest rate payable on the compensatory tariffs due, calculated back to the beginning of the supply of electricity from the plant in 2013. While the Adani group company had sought an interest rate of 2% more than the SABR interest rate (Stochastic Alpha Beta Rho, a measure used in banking and finance), the Supreme Court’s verdict has capped it at 9%.
AIPEF’s Singh explained what this meant in quantitative terms: “As a result of this judgment, the discoms will face an immediate financial burden. The original claim which was allowed by the APTEL – 50% of which was paid after an interim order – was around Rs 5,130 crore. On that, Adani Power Rajasthan has claimed interest of around Rs 3,000 crore. The Supreme Court's judgment has not modified the original claim at all, but has said that the interest rate can be slightly reduced. So the interest would be marginally reduced. In the judgment, it has been said it should not exceed 9% while Adani had sought an interest rate 2% higher than the SABR rate. In total, the amount would still approach Rs 8,000 crore.”
Even a cursory glance through what is happening in the country will convince anyone what a challenging, dangerous, and in many ways, a desperate situation our country and people are facing. To understand this one need not be a Marxist intellectual. From their day to day sufferings, vast majority of the people, the working class and all other oppressed classes and sections are recognizing this, in spite of massive Sanghi media trying to conceal and distort facts. After last six years of Modi rule, especially its last one year’s actions leave no doubt before anyone that it is fascism in action with majoritarian Hindutva as its theoretical base. Its foreign policy has integrated India within the strategic partnership with US led Asia-Pacific axis more than ever, with US administration using the India-China border standoff also to advance its inter-imperialist contradictions with China for world hegemony.
As expected, the parliamentary opposition, in the main, is in total disarray. On 5th August they were found competing with each other to support Ram mandir construction. They were not daring to question the way it was done as a state function, in effect throwing away the basic tenets of the Constitution, as they are also upholding the soft Hindutva line and do not want to openly oppose the Manuvadi Hindutva of RSS pursued by Modi rule. Except some token opposition within the parliamentary forums, they do not oppose the neoliberal/corporatization offensive taking place in practice. In spite of planned moves of Modi govt. to weaken and subvert its ministries as in MP, or Rajasthan or elsewhere, Congress is only competing with Modi to show themselves as more chauvinist, and more pro-Hindutva! Still the social democratic Left Front parties are following their class collaborationist subservience to Congress and other ruling class parties. There is nothing new in their approach, than waiting for BJP to fall due to its own weaknesses, almost waiting for a repetition of what happened in 2004! They do not want to think whether such a repetition is possible even after the RSS neo-fascism has so much entrenched in the country penetrating the state machinery and even Constitutional institutions! In spite of it, the CPI(M) led Left Front parties are tailing behind Congress and other ruling class parties. In the concrete conditions of today, though all these parliamentary opposition parties shall continue to have their dominance over the numerous people’s struggles coming up against Modi rule, they have no alternative to RSS neo-fascism.
The only force who can challenge the corporate fascist Modi rule with an alternative perspective and program, and inspire the masses are the communist revolutionary forces. They have a history of waging uncompromising struggle against neo-revisionist CPI(M) leadership, organizing the Naxalbari Uprising, bringing revolution back to the agenda, and challenging the neoliberal corporate rule and state terror during the last 4-5 decades. Only they, along with the revolutionary intellectuals have the vision of extending the struggle against counter-revolutionary policies of Modi rule, extending it to fighting the reactionary, obscurantist theoretical base of RSS.
But even after the fascists are riding rough shod over the people, abusing, lynching, torturing, suppressing all opposition voices, taking the plunder of labour and nature to unprecedented levels, opening the country to foreign and native corporates, imposing Brahmanical Manuvadi terror, some of the CR forces have betrayed the Naxalbari movement and have become apologists of neoliberal agenda of the ruling classes. The many decades of the CPI(M) led governments in W. Bengal, Tripura and Kerala, have only defamed the communist movement. On the other extreme, the left sectarian, anarchist forces have reduced themselves to nothing more than a cover for the state to suppress the masses. It was expected that upholding the glorious history of the Naxalbari Uprising, and struggling against these right and left deviations, the remaining forces shall unite to create a revolutionary left core to build a broad based anti-fascist front similar to the one which came up against the CAA/NPR/NRC. But, while we could initiate building this RLC with few like - minded forces, others are still hesitant, so that we have to continue this effort.
When the neo-fascist Modi government is consolidating its hold everywhere very fast, launching various attacks on the working class and oppressed people as a whole, especially the Muslim minority, dalits, Adivasis, women and other oppressed classes and sections, we have to carry forward the task of uniting major section of the CRs in the RLC with a common program to challenge the fascist forces and develop te anti-fascist front, while upholding the approach of “independent communist assertion” inside the movement,
Analysing present situation, the Central Committee has called for giving priority to party building. It calls for intensifying the ideological, political struggle for building a Bolshevik style powerful party winning over all revolutionary communists and new comrades to its fold, and for developing various struggles, campaigns and movements against the central and state governments, giving top priority to fight against the RSS/BJP rule.
Secondly, we have to strengthen the class/mass organizations and various people’s movements at all India level in which our party comrades are playing leading role. Present situation demands continuous efforts to develop them, give political orientation to them to play more active role in the anti-fascist movement. It also calls for developing struggles in all fields and winning new forces to build united fronts at all levels.
It is a Marxist-Leninist teaching, a repeatedly proved historical fact that without a strong Communist Party built on Bolshevik lines, surrounded by class/mass organizations and people’s movements, and according to the conditions of our country, all round offensive of the party cannot be developed. These initiatives cannot be developed fast. The party building by winning over the communist forces and to attract the new generation to the movement, calls for an intensive ideological political struggle as explained in the Resolution for Theoretical Offensive adopted by the 10th Party Congress. How the new forces can be attracted to the communist politics if those who claim themselves communists uphold China, which is only socialist in name, but an imperialist power contending for world hegemony with US imperialism, resorting to fascist oppression of the Uighur like nationalities and not prepared to resolve the national question within it, and not prepared to settle border problems with the neighbouring countries through bi-lateral discussions?
The new generation are not familiar with much of Marxist literature and are mostly ignorant of what happened in Soviet Union and China during their socialist days. They are witnessing the ‘mainstream communist parties’ wherever still in power, even after the severe setbacks in W. Bengal and Tripura for many decades, are still pursuing the neoliberal/corporate policies. They have nothing to offer except playing parliamentary politics as allies of one ruling class party or other, in state after states. They cannot be attracted to communist path, when they see and read how even those who claim to uphold Naxalbari Uprising and CPI(ML) heritage rush to join the band wagon of the very same forces by fighting against whom this great movement had emerged.
In spite of the severe setbacks suffered by the communist movement all over the world with all former socialist countries abandoning the socialist path, in the atmosphere of powerful anti-communist propaganda onslaughts by the imperialists and their lackeys, the new generation shall give credibility to the communist vision, and be attracted to it, only if, along with ideological political offensive, we take up the struggle against gender inequality, caste oppression, division based on caste system, the soft Hindutva vote bank politics, the ecological destruction leading to severe catastrophe, the development path based on capitalist lust and consumerist greed etc as integral part of the class struggle. Uncompromising struggle is called for against those parroting the mechanical materialist rhyme that all these problems need not be taken up from now, but shall disappear automatically once the communists capture power. After all that has happened in the world during last few decades including the disappearance of socialist countries, when the capitalist-imperialist system through neoliberal/corporate loot of labour and nature has transformed the whole world in its own image, if accordingly the Marxist theory and practice are not developed, and a new vision of development paradigm and democracy with all power to the people is presented before the people, the new generation is not going to come forward, daring to think, daring to struggle and daring to win a socialist future. So, the party building calls for such a vigorous struggle against the right deviation which is presently the main danger in the communist movement, while guarding against the anarchist trend. So, the CC has asserted that the party building should be taken up vigorously, linking with ideological offensive.
Another aspect of party building which calls for attention is the taking up of a powerful campaign against the Manuvadi Hindutva, the ideological base of RSS. Based on Manusmriti, writings of Savarkar, Golwalkar and other leaders, also drawing lessons from Mussolini and Hitler, the RSS could grow in to the biggest and most powerful neo-fascist organization in the world, as not only Congress and other ruling class parties, but the socialist stream as well as the Communist stream refused to learn the importance of Renaissance movement and take up the caste struggle along with class struggle, while the caste-class relation is a unique feature of India. So, only by waging a powerful ideological struggle against the theoretical base of RSS, the new generation who are influenced or at least confused by the RSS dominance can be won over or at least neutralized. The decision of the CC in its August meeting to take up these two campaigns immediately shall help the building and expansion of the party with more ideological clarity, winning over new forces to our side.