business news

Vijay Mallya extradition case will unravel problem of bank NPAs, loan disbursement to tycoons

On successful extradition of the fugitive Vijay Mallya, the promoter of the grounded Kingfisher Airlines, hangs the successful unraveling of the festering problem of non-performing assets (NPA) of banks and financial institutions in India.

It is widely known that post-bank nationalisation, public sector banks (PSBs) have lent themselves to two abuses---behest lending, i.e. loans and evergreening of loans to the high and mighty with strong political connections with the ruling dispensation and loan melas i.e. mindless disbursement of loans for social causes often on altruistic considerations, casting prudential bank lending norms to winds in the process. The first one harks back to bank nationalization but the second is attributed to Janardhan Pujari, the Congress minister of state for finance in the Indira Gandhi government. Both have wrought havoc to the fortunes of the PSBs in the country though their relative contribution to the NPA problem is unknown.

The nation’s attention is riveted on two judicial proceedings---the first one being the contempt of court proceedings going on in the Supreme Court against Subratra Roy the feisty promoter of Sahara group of companies, suspected to be more in money laundering business for corrupt politicians and industrialists and the second being the extradition proceedings against Vijay Mallya. The two cases epitomise two festering financial problems the nation faces---black money and NPA respectively.

The Narendra Modi government which is spearheading the extradition process in the London court would be waiting with bated breath the results to be pronounced early 2018 because should the extradition request be turned down, it would be left red-faced with the Opposition conveniently baying for its blood for having allowed the flamboyant tycoon flee the country. That loans were sanctioned by the banking system to Kingfisher Airlines during the UPA regime would be the Modi government’s counter but the nation would not be amused by this blame game.

The Rs 9,000 crore outstanding from Kingfisher raises a number of troubling questions answers to which might result in a paradigm change in the lending norms in the country. Chief among them are:

a) How could loans be sanctioned by banks practically without collaterals with aircrafts offered as collaterals themselves being procured/leased on credit?

b) How could loans be sanctioned on the basis of brand value produced out of thin air, so to speak, when prudential accounting norms mandate that such self-generated goodwill should be banished from a company’s balance sheet?

c) How could personal guarantee of Vijay Mallya have given comfort to the banks when they too were sans collaterals offered by him?

d) How could a borrower be allowed to pull wool over the lenders’ eyes by presenting rosy projections in the loan application while internal communications, reflecting realities, screamed gloom and doom?

e) How could banks naively convert a part of the outstandings into shares of a nose-diving airline at a premium with reference to the then prevailing market quotations?

Raising eyebrows more are the allegations of diversion of funds. As recently as on 9 May 2017, the Supreme Court was constrained to pull up Vijay Mallya on contempt charges for merrily transferring $40 million from out of the money received from Diageo of the UK to his children in violation of its order. The fugitive has been thumbing his nose at the Supreme Court as well by not presenting himself before it as ordered. There are allegations of diversion of funds to motor racing teams and foreign affiliates ostensibly for formula one logo design.

It is widely known that diversion of funds has been the bane of the banks in India. Even if loans are strictly sanctioned on merits and with adequate collaterals, there is no guarantee that they would be used for the stated purposes despite the much-vaunted utilization report demanded from the banks from time to time.

One wonders if in the wake of the revelations of the Kingfisher case, the rule book for sanctioning of loans is formally codified and publicized because at the end of the day prevention is better than cure. True, the Insolvency and Bankruptcy Code 2015 has empowered the lenders but its prolific invocation soon after its legislation shows that the sanctioning process itself was often to blame. Nipping the mischief in the bud is also possible by banks jettisoning general purpose loans and embracing asset-based financing, the cornerstone of Islamic banking. Home loans by and large have been a happy experience for home loan financiers precisely because of this reason---the loan amount is released to the builder. One wonders if asset-based financing would be mandated if only to prevent diversion of funds.

One also wonders if political accountability would also be fixed because loans to Kingfisher Airlines is a classic case of behest lending with bank officials’ hands being tied. Ironically, so far only heads in banks have rolled. When will political heads roll?

25 years since Babri Masjid demolition: As final hearing commences in SC today, here's a brief history of the case

The Supreme Court has begun the final hearing in the long-standing Ram Janmabhoomi-Babri Masjid title dispute from Tuesday. A specially constituted bench of Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice Abdul Nazeer will be hearing 13 appeals filed against the 2010 judgement of the Allahabad High Court in four suits.

As the apex court begins the hearing a day before the 25th anniversary of the demolition of the medieval-era structure, here is a brief summary of how the case progressed through the years.

The dispute

The main area of contention is a piece of land measuring 2.77 acres in Supreme CourtSupreme Court where the Babri Masjid was historically located. This site is also considered sacred among Hindus as it is believed to be the birthplace of Lord Ram, one of the most revered deities of the religion. Muslims argue that the land houses the Babri Masjid, where they had been offering prayers for centuries before the dispute.

Protests after the mosque's demolition. ReutersProtests after the mosque's demolition. Reuters

A disagreement over how the mosque came into place forms the core of the debate. While Hindus say that the mosque was built on top of a Ram temple – after demolishing or modifying it in the 16th Century, Muslims argue that the mosque is their sacred religious place — built by Mir Baqi in 1528 — and that Hindus desecrated it in 1949, when some people placed idols of Lord Ram inside the mosque.

The dispute over this piece of land has defined state politics and influenced debates throughout the country. Spanning across half a millennium, the issue predates empires — Mughal and British — and remains very alive even in modern India.

The demolition

On 6 December, 1992,  the Vishva Hindu Parishad and the Bharatiya Janata Party (BJP) organised a rally at the site involving over 1.5 lakh volunteers, known as kar sevaks. Soon, the rally turned violent, and the crowd overwhelmed security forces before demolishing the 16th Century Babri Masjid. This prompted communal riots across the country in which more than 2,000 people lost their lives.

Hindu kar sevaks clamour atop the 16th century Babri Mosque on 6 December, 1992. AFPHindu kar sevaks clamour atop the 16th Century Babri Mosque on 6 December, 1992. AFP

Among those present at the rally were senior figures in the BJP LK Advani, Uma Bharti and Murli Manohar Joshi. In 2009, a report by Justice Manmohan Singh Liberhan found 68 people to be responsible for the demolition of the mosque, most of who were from the BJP. Among those named were Atal Vajpayee, Advani, Joshi and Vijay Raje Scindia.

The developments in the case

The Liberhan Commission was established by the government ten days after the demolition of the Babri Masjid, and in its 2009 report, it said that then chief minister of Uttar Pradesh Kalyan Singh had posted bureaucrats and police officers to the city whose record suggested that they would not act during the mosque’s demolition.

In 2010, the Allahabad High Court stated that the "disputed land was Ram's birthplace", that the "mosque was built after the demolition of a temple" and that "it was not built in accordance with the tenets of Islam". It had ruled that the disputed land would be divided into three equal parts – Ram Lalla for the construction of the Ram temple, the Islamic Sunni Waqf Board and the remaining to Nirmohi Akhara, a Hindu religious denomination.

Activists of the regional Samajbadi party burn effigies of Bharatia Janata Party leaders on 6 December, 2000. ReutersActivists of the regional Samajbadi party burn effigies of Bharatia Janata Party leaders on 6 December, 2000. Reuters

In 2011, the Supreme Court stayed the judgment of the Lucknow Bench of the alahabad High Court after the Sunni Central Wakf Board, the Nirmohi Akhara, the All-India Hindu Mahasabha and Bhagwan Shri Ram Virajman filed appeals.

The unanimous appeal by all parties to return to status quo prompted Justice Alam to say, "At least on one issue, all of you are unanimous. The high court has granted a new relief, which nobody has asked for. The high court has done something on its own. It has to be stayed."

In March 2017, the Supreme Court has asked for 'an amicable, out-of-court settlement' in the dispute. A bench comprising Chief Justice JS Khehar, Justice DY Chandrachud and Justice Sanjay Kishan Kaul said that they believed this "to be a better course of action than insisting on a judicial pronouncement."

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