Tag: bbc raid

Exclusive: Vajpayee Govt Didn’t Object to UK Report That 2002 Riots Were ‘Pre-Planned’, Cops ‘Told Not to Act’

The minutes of an April 16, 2002 phone call between former external affairs minister Jaswant Singh and his UK counterpart reveal the BJP-led government only protested the leak of the report and its claimed death toll. No criticism was made of the UK report’s critical observations about the role played by the Gujarat police and by political organisations connected to Modi in the anti-Muslim violence.

London: While objecting to the leaking of an investigative report into the 2002 Gujarat riots by British diplomats, the BJP-led government of Atal Bihari Vajpayee did not contest its main findings that the anti-Muslim pogrom in Gujarat in 2002 was “pre-planned”, that Sangh parivar outfits like the Vishwa Hindu Parishad had played a key role in the targeting of Muslims and that the police had been specifically instructed not to act against the killers.

This is indicated in the minutes of an official phone conversation on the matter between Jaswant Singh, then India’s external affairs minister, and his United Kingdom counterpart, Jack Straw.

The Gujarat government was headed by Narendra Modi at the time and the full British report concluded that he was “directly responsible” for the “pre-planned” 2002 Gujarat riots.

The British diplomats who prepared the 2002 report also said that “the VHP (Vishwa Hindu Parishad) and its allies acted with the support of the state government. They could not have inflicted so much damage without the climate of impunity created by the state government.”

The Singh-Straw telephone conversation took place on April 16, 2002 – one day after the Hindustan Times published a story about the leaked diplomatic report.

The hitherto classified, publicly unseen British foreign office record of the conversation was obtained through a Freedom of Information Act request in Britain (which corresponds to securing information via India’s RTI Act). Sections of the document were redacted by the foreign office before release but the Gujarat-related paragraphs are there in full.

It is not clear if Jaswant Singh had read the full British report – which directly held Modi culpable – before he had his conversation with Straw or was merely relying on the limited but damning details published in the Hindustan Times.

Either way, the Indian foreign minister chose not to contest the leaked findings but instead confined his objections to the fact that the report’s contents had found their way into the media.

Significantly, the only point on which he accused the British report of failing to ensure accurate facts was on the death toll – and not on its primary finding about the role played by the Gujarat police (and government) and by political organisations connected to Modi.

Singh said he was “extremely disappointed” that the British findings had not remained confidential. He also said that the death toll cited in the British report was inaccurate.   

The British probe reported that the “extent of violence much greater than reported. At least 2000 killed” – a figure that Singh said had “horrified” L.K. Advani, India’s home minister at the time. Official Indian figures then stood at 850 dead. In 2005, the Union government told parliament the official toll was 1,044 dead and another 223 missing. As many as 919 women had been widowed. In 2009, the Gujarat government put the official death toll at 1180 including all missing persons.

Record of telephone conversation between India’s external affairs minister Jaswant Singh and British foreign secretary Jack Straw, Aril 16, 2002. Photo: FCO/Ashis Ray/The Wire

The record of the conversation indicates that it was Straw who rang Singh. Straw’s private secretary recorded in his account of the phone call that the foreign secretary [Straw] conveyed to the external affairs minister [Singh] that it would be “helpful” for the former to say “he had spoken to Singh and that the Indian government was committed to the fullest investigation into the events in Gujarat”.

Straw’s secretary then noted that “Singh agreed”. According to the records, Singh said, “The [Indian] government had given instructions for an immediate investigation” and that “India was a ‘very active democratic community’.” He added, though, that “we should put the leak behind us, but draw lessons from the incident”.

Nine days after this conversation, the BBC published more details from the leaked report.

The British government’s investigation into the riots was carried out by specialist diplomats posted at its high commission in Delhi. The team visited Gujarat from April 8-10, 2002. The report’s contents, which found their way to the media, upset the Vajpayee government.

“In terms of India’s international image,” the Hindustan Times reported on April 15, 2002, “the report does the most damage by stating that the post-Godhra violence in Gujarat was pre-planned. If the Sabarmati Express tragedy hadn’t happened, another flashpoint would have been created to justify pre-meditated violence as reaction, the report says.”

The minutes of the phone call said, “The foreign secretary expressed regret that a high commission report on the situation in Gujarat had leaked. But he underlined his concern about the violence in the region, which has caused considerable anxiety among British Gujaratis. He had been careful to be even-handed in his response and had seen delegations from the British Muslim and Hindu communities.”

Former British foreign secretary Jack Straw (L); former minister of external affairs Jaswant Singh (R). Photos: Wikimedia/US National Archives

“Singh said he was ‘extremely disappointed’ at the conduct of the high commission. He accepted that missions sent confidential reports to their capitals; the [Indian] government had never prevented missions from doing their work. He also accepted that we [the British government] had a right to share our reports with EU colleagues. But we needed to ensure our facts were accurate. Home minister, [L.K.] Advani, had telephoned him [Singh] yesterday and was horrified by the UK figures of the number of deaths in Gujarat. Many would see this as the UK interfering in India’s internal affairs.” the record of discussion further stated.

The read-out of the telephonic dialogue continued, “The foreign secretary said we fully respected the independence of the government of India. We [Britain] had been careful not to criticise the [Indian] government publicly but to make our representations in private. It was right for the [British] High Commission to make an assessment of the events in Gujarat which were causing such concern in the Indian community in the UK. The foreign secretary, as a friend of India, had worked hard to dampen feelings here [in Britain] which could have got out of hand.”

Also read: BBC Documentary’s New Episode Claims Modi ‘Hugely Divisive’, ‘His New India’ in ‘Religious Turmoil’

The ‘subject’ of the top secret investigation report sent by the British high commission in New Delhi to the UK Foreign Office in London said ‘GUJARAT POGROM’.

While Singh referred to the conduct of the British high commission, it is unclear from the memorandum on the phone call as to how and where precisely the investigation report leaked. But it is transparent from the probe summary that it was circulated to the British Home Office and other government departments, not to mention various UK diplomatic missions in the region and elsewhere.

The same investigation report became the centrepiece of the BBC revisiting the issue with a television documentary broadcast in January this year on Modi’s role in the riots. Straw confirmed on the programme that he had indeed, as foreign secretary, ordered the inquiry, whose report eventually concluded that Modi was ‘directly responsible’ for the 2002 riots. In a subsequent interview to Karan Thapar for The Wire, he repeated the report’s main conclusions.

The British report claimed that on the night of February 27, 2002 – just as the communal violence in Gujarat was beginning – Modi ordered the state’s police not to intervene. As a result, Muslims bore the brunt of brutality perpetrated by Hindutva zealots.

Modi denies the accusation and was in 2022 controversially absolved of responsibility by the Supreme Court of India.

The BBC programme highlighted the fact that two of the three men – (both Indian Police Service officers) Sanjiv Bhatt and R.B. Sreekumar – who testified about Modi issuing instructions to state police not to intervene in the rioting, had cases filed against them and were imprisoned. Bhatt is still behind bars while Sreekumar, who was arrested in June 2022, is out on bail. The other, a senior BJP politician in Gujarat, Haren Pandya, who gave evidence to an unofficial fact-finding panel, was found shot dead in seemingly mysterious circumstances. This was corroborated on the BBC programme by the veteran BJP politician, Subramaniam Swamy.

The documentary caused an international stir; the external affairs ministry attacked the BBC, accusing it of having a ‘colonialist mindset’. Soon thereafter. the BBC’s offices in Delhi and Mumbai were raided by the Indian Income Tax Department on grounds of the organisation under-declaring its revenue in India – no details of which appear to have been made available for professional or public scrutiny.  

Since then, a BBC music producer was denied a visa to visit India for a holiday in a wildlife sanctuary. He, as a result, could not obtain a refund for the £4,000 he had paid for the trip. BBC sources reveal this is not the only instance of the broadcaster’s employees in the UK being effectively barred from entering India.  

In a double whammy, the BBC was in July criticised in the British House of Commons for inadequately covering the communal and ethnic violence in Manipur since early May.

Ashis Ray, a foreign correspondent for 46 years, was editor-at-large of CNN. He can be followed at X on @ashiscray.

Note: The story was edited at 11:20 on September 18 to add details about R.B. Sreekumar’s arrest and release on bail.

 

Good Friends Can Agree to Disagree: UK Envoy on IT Raids at BBC

The British envoy expressed his complete understanding of the anger in India over the vandalism at the High Commission, adding that he would be equally agitated if such an incident occurred at the British High Commission.

New Delhi: British high commissioner Alex Ellis said on Wednesday that in general “good friends” can disagree in response to a question on the income tax raids on the BBC offices in New Delhi and Mumbai after the airing of a documentary on the 2002 Gujarat riots.

At an interaction hosted by Ananta Centre, Ellis described the BBC as a highly respected media house. The Indian Ministry of External Affairs (MEA) had accused the BBC of showing its “colonial mindset” by airing the documentary.

“The British Broadcasting Corporation (BBC) is a globally respected institution and broadcaster whose news material I consume every day. Secondly, all organisations have to obey the law of India. BBC is talking to Indian authorities about that,” he said.

Stating that he wouldn’t share the content of his discussions with Indian authorities, Ellis noted, “But good friends can also disagree. I think that it is okay to disagree sometimes”. He appended that he was making a general point.

Income Tax officials conducted raids at BBC offices located in Delhi and Mumbai. They alleged that several irregularities were detected, which included non-disclosure of certain remittances as income in India, as well as non-payment of taxes on those remittances.

The action was taken approximately a month after the BBC broadcasted its two-part documentary about Prime Minister Narendra Modi. The first part of the documentary reported on a UK government inquiry that held him “directly responsible” for the anti-Muslim violence that occurred in Gujarat in 2002.

The MEA spokesperson Arindam Bagchi had slammed the BBC documentary as a “propaganda piece designed to push a particular discredited narrative”. “The bias, the lack of objectivity, and frankly a continuing colonial mindset, is blatantly visible,” he said.

Regarding the damage to the premises of the Indian high commission and the removal of the Indian flag by pro-Khalistani protestors, Ellis characterised it as a “symptom of extremism” and noted that it posed a “risk” in any country.

“There is no disagreement. What happened at the Indian High Commission is not okay. It is a symptom of extremism. Overall extremism is a risk in any country,” he said.

The British envoy expressed his complete understanding of the anger in India over the vandalism at the High Commission, adding that he would be equally agitated if such an incident occurred at the British High Commission.

After the London incident, India summoned the senior-most diplomat present at the UK high commission. Security barriers outside the UK high commission and the high commissioner’s residence were also removed.

‘Significant Human Rights Issues in India’, Says US State Dept’s Annual Report

The human rights issues include cases of extrajudicial killing by the government or its agents, unjustified arrest or prosecution of journalists, political prisoners or detainees, the report said.

New Delhi: The US state department said a lack of accountability for official misconduct contributed to impunity in addressing India’s adverse human rights situation, even as a senior official said that Washington has always urged New Delhi to uphold its obligations.

The 2022 US country report on human rights practices was released on Monday, compiled by the State Department’s Bureau of Democracy, Human Rights and Labour to submit to the US Congress.

At a press conference, the acting assistant secretary for the Bureau Of Democracy, Human Rights and Labour, Erin Barclay, was asked a question about the concerns over India’s human rights violations, as well as the income tax survey on the BBC office after the broadcast of a documentary on Gujarat riots.

She stated that the US and India “regularly consult at the highest levels on democracy and human rights issues”. “We have, and we will continue to strongly urge India to uphold its human rights obligations and commitments,” she added.

She added that the Indian government should also consult with civil society regularly, just as the US government does in both the “US and in India to hear their perspectives and learn from their experiences”.

While not directly condemning the BBC tax raid, she claimed that India had been told about the US’s support for free press worldwide. “On the BBC issue, we’re, of course, aware of the BBC issues, and we will continue to support free press around the world and have communicated the same.”

Also read: ‘Support Importance of Press Freedom’: US on BBC Documentary Ban in India

The US secretary of state, Anthony Blinken, had said, earlier this month, that human rights issues figured in a bilateral meeting with external affairs minister S. Jaishankar on the sidelines of the G-20 foreign ministers’ meeting.

In 2022, Blinken twice raised concerns about human rights issues in India. He had specifically referred to the rise in human rights abuses “by some government, police and prison officials”. In retaliation, the Union government had said that it also had trepidation about the human rights situation in the United States.

Echoing similar concerns about the role of government officers, the country report on India said, “A lack of accountability for official misconduct persisted at all levels of the government, contributing to widespread impunity. Lax enforcement, a shortage of trained police officers, and an overburdened and under-resourced court system contributed to a low number of convictions.”

The ”significant human rights issues” with “credible reports” include cases of extrajudicial killing by the government or its agents, unjustified arrest or prosecution of journalists, political prisoners or detainees, harassment of human rights groups and refoulement of refugees, the report said.

On the issue of political prisoners and detainees, the report said that there were “isolated reports”, mainly referring to Kashmir. “Former Jammu and Kashmir chief minister Mehbooba Mufti, who was released in 2020, alleged that she was subjected to periods of house arrest through the year, which security officials at times denied. Chairman of the separatist Hurriyat Conference Mirwaiz Umar Farooq continued to be under house arrest, and political parties called for his release,” it said.

The US state department’s report quoted the international NGO Human Rights Watch’s 2022 report that said Indian authorities “continued to intimidate and harass journalists and news outlets critical of the government through politically motivated lawsuits and tax raids”.

It said that instances of online and mobile harassment, and internet ‘trolling’ continued to rise. “In some instances, police used information provided by anonymous social media users as a pretext to initiate criminal proceedings against journalists,” it said.

Further, the document noted that there were “reports the government or its agents committed arbitrary or unlawful killings, including extrajudicial killings of suspected criminals and terrorists”. It added that prisoners or detainees were reported to have been killed or died in police and judicial custody.

Observing that Indian law does not contain the term ‘refugee’, the report said such refugees were treated as any other foreigner. “Undocumented physical presence in the country is a criminal offence. Persons without documentation were vulnerable to detention, forced returns, and abuse. The country historically treated persons as refugees based on the merits and circumstances of the cases,” it said.

Regarding the deportation of refugees, the report noted that India had advocated for the refoulement of refugees to Myanmar. Quoting the Ministry of Home Affairs data, it said that 5,796 Burmese refugees, who had entered India after the February 2021 military coup, were “pushed back”.

“On March 22, Hasina Begum, a Rohingya detained in March 2021 from Jammu’s Bathindi, was deported to Burma through the Moreh border in Manipur, leaving behind her husband, Ali Johar, and three young children,” the 2022 human rights report said.

UK Government Defends BBC When Asked About I-T Surveys in India

“We stand up for the BBC, we fund the BBC, we think the BBC World Service is vitally important,” MP David Rutley said in the House of Commons.

New Delhi: Questioned in the House of Commons about the Income Tax department ‘surveys’ at BBC’s India offices after the release of a documentary on Narendra Modi, the UK government has defended its national broadcaster.

According to The Hindu, Tory MP David Rutley, who is the Parliamentary Undersecretary of State for the UK Foreign, Commonwealth and Development Office (FCDO), answered questions on the issue from members of the opposition as well as his own party for about 20 minutes.

“We stand up for the BBC, we fund the BBC, we think the BBC World Service is vitally important,” Rutley said. He added that it was important for the national broadcaster to have editorial freedom, and in the UK the BBC was known for being critical of both prominent parties.

“It has that freedom which we believe is vitally important and that freedom is key. We want to be able to communicate the importance of that with our colleagues…our friends across the world, including the government in India,” he said.

Several MPs questioned the UK government on the incident in India. “Let’s be very clear: this was a deliberate act of intimidation following the release of an unflattering documentary about the country’s leader,” said Jim Shannon, of Northern Ireland’s Democratic Unionist Party (DUP).

Conservative MP Julian Lewis characterised the action as “extremely worrying”.

“The SNP [Scottish National Party] absolutely condemns this alarming attack on the BBC offices in New Delhi and Mumbai, “ MP Drew Hendry said.

Labour MP Fabian Hamilton said the surveys were “deeply worrying” regardless of the “official narrative” of why they occurred, and asked what steps were being taken to protect the BBC from intimidation. “On this side of the House, we’re particularly worried about reports that suggest the BBC staff had been forced to stay in their offices overnight and have faced lengthy questioning,” he said. “In any democracy the media must have the ability to criticise and scrutinise political leaders without fear of repercussions, and that clearly applies in this situation.”

Rutley, without going into specifics, said that this matter had been raised with the Indian government in the context of the larger set of issues that the UK and India discuss.

Liberal Democrat MP Jamie Stone asked during the discussion if the UK would consider joining forces with the US and other democracies to “put pressure” on India and call out “this completely unacceptable behaviour”. Rutley did not answer, and only said that he could not comment on the specific allegations.

BBC had recently released a documentary on Prime Minister Narendra Modi’s role in the 2002 Gujarat riots. The Union government had blocked the documentary on Twitter and YouTube and said it had “propagandist agenda.” The timing of the Income Tax department surveys, soon after, have thus been criticised as a purported attempt to diminish press freedom.

After Three Days, Income Tax ‘Surveys’ at BBC Offices End Late on Thursday Evening

Since the surveys started, various journalists’ bodies and independent observers – globally and within the country – have expressed deep concern with the move and its timing.

New Delhi: After three days, ‘surveys’ by officials of the Income Tax department at the New Delhi and Mumbai offices of the British Broadcasting Corporation (BBC) ended late on Thursday evening, around 10 pm.

The ‘surveys’ began on Tuesday, February 14, at around 11:20 am.

Confirming that tax authorities left its offices, BBC in a tweet said, “We will continue to cooperate with the authorities and hope matters are resolved as soon as possible.”

The tweet also said, “We are supporting staff – some of whom have long questioning or been required to stay overnight – and their welfare is our priority. Our output in India is back to normal and we remain committed to serving audiences in India and beyond.”

The move comes weeks after the BBC released a documentary on Prime Minister Narendra Modi’s role in the 2002 Gujarat riots titled, ‘India: The Modi Question.’

The Union government had blocked the documentary on YouTube and Twitter. The external affairs ministry had called it “propagandist agenda,” to which the BBC said the documentary “was rigorously researched according to highest editorial standards.”

On Thursday, members of the Hindutva body the Hindu Sena – which once made news for organising a birthday party for former US president Donald Trump – gathered at the BBC’s New Delhi office to stage an agitation in support of the surveys.

In the intervening period since the surveys started, various journalists’ bodies and independent observers – globally and within the country – have expressed deep concern with the move and its timing.

Unnamed UK government sources told the news agency PTI that it is “closely monitoring” the situation. The US state department too noted that it was aware of the survey and spoke on the importance of press freedom.

Unnamed Indian government sources and named representatives have also spoken to chosen publications, alleging that the survey is “follow up and not vindictive” (as reported by Reuters) and that it is being carried out to “investigate issues related to international taxation and transfer pricing of BBC subsidiary companies” (as reported by Times of India).

Answer questions honestly and directly: ‘BBC internal memo’

Reuters has further reported that BBC World Service director Liliane Landor sent an internal memo yesterday, saying the Income Tax Department was conducting a survey of the organisation’s “tax status and affairs in India”, with which the BBC was cooperating fully.

“If you are asked to meet with the officers you should answer their questions honestly and directly. Questions about the BBC’s structure, activities, organisation, and operations in India are within the remit of the investigation and should be answered,” Landor said in the note, which was reportedly seen by Reuters.

“It goes without saying that you should not delete or conceal any information on any of your devices.”

It was initially reported, including by the news agency AFP, that some BBC employees and staffers had had their devices seized by the I-T officials during the surveys.

“It is important to note that no indiscriminate seizure of mobiles, laptops and digital gadgets can be done at will by the tax officials during a survey. Only books of accounts and documents can be impounded subject to a reasoned order,” advocate Deepak Joshi noted in an analysis for The Wire.

This copy was updated and republished at 11:30 pm on February 16, after it was first published at 11:16 am on the same day. 

‘Smacks of Bullying’: Newspaper Editorials Criticise I-T Department Action Against BBC

Several of the newspapers have said that by targeting the BBC, the Modi government may have undermined India’s global democratic credentials.

New Delhi: Several English-language Indian newspapers have brought out editorials over the last two days on the Income Tax Departments ongoing ‘surveys’ at BBC offices in Delhi and Mumbai. These editorials have questioned and criticised the timing of this action – which came soon after BBC released a documentary critical of Narendra Modi’s role in the 2002 Gujarat riots.

Of the big national English newspapers, the Times of India and the Hindustan Times have so far not released editorials on the issue.

‘First step in what is widely seen as a process-is-punishment treatment’

The Indian Express started off its editorial by highlighting the timing, saying this survey appears to be “the first step in what is widely seen as a process-is-punishment treatment”.

“Of course, the BBC has to answer to the law and has to address whatever questions the tax authorities have. But the parallel commentary by one of the ruling party’s national spokespersons trashing the news organisation as “corrupt” and “rubbish” and accusing it of supporting “anti-national” forces raises more than one question mark on due process. …Given the recent record of the government vis a vis sections of the media and civil society, the latest action against the BBC — the survey, taken together with the political attack — smacks of bullying and an attempt to intimidate,” the newspaper continues.

While many have suggested that the action points to the government’s insecurity, the Indian Express disagrees:

“Surely, Income Tax personnel being sent to a news organisation in the middle of the day is meant to send a message to that organisation and, arguably, it is the message to others, too. It would be simplistic — and inaccurate — to dismiss this as the knee-jerk response of an insecure government. For, this is a government not exactly insecure and it rarely jerks its knee. Herein lies the rub. Asked about such action, the BJP has a stock answer: why worry about a survey or a search if you have nothing to fear? That question is loaded at a time when the IPC is being weaponised at the drop of a police complaint or an FIR, be it the case of a stand-up comic or a professor’s cartoon. The BJP knows that sending tax officers and inspectors to newsrooms and think tanks is borrowing a leaf from a discredited playbook once used by a regime they had so stridently opposed. Surely, they also know that it has its limitations.”

‘Indian diplomacy should prepare itself for some turbulence’

The Telegraph has outlined how the Narendra Modi government has made a habit of going after any media house or reportage that it finds inconvenient. The difference this time, though, is that the government has gone after no less than the UK’s public broadcaster: “Trampling the domestic media may not cause the government to suffer immediate challenges. But having targeted the BBC, Indian diplomacy should prepare itself for some turbulence. Already, the United States of America has sent out a terse reminder of the importance of free speech as well as religious freedom in democracies, including India. It remains to be seen whether the episode leaves a mark on New Delhi’s ties with London.”

“India’s gargantuan market and its leverage with Russia, New Delhi appears to be confident, would serve as adequate insurance against deleterious consequences from a critical West. But international realities are slippery and India would do well to remember that its existing robust networks with the West are the result of decades of hard work and are, more importantly, mutually beneficial. What is of particular interest — concern — is this government’s willingness to create the myth of a Western conspiracy against India. Is this a manifestation of the regime’s ideological antagonism towards such principles as freedom and free speech that are believed to be central to the template of Western liberal democracy?” it continues.

‘Attempt to produce a chilling effect’

“It is difficult not to see the Income Tax (I-T) department’s two-day survey of the BBC’s offices in New Delhi and Mumbai as an attempt to produce a chilling effect on Britain’s well regarded public broadcaster and also media institutions willing to hold the current regime to account for past actions,” The Hindu‘s editorial begins. This newspaper also highlighted how this kind of action had now become the norm for anyone critical of the government.

“Even if media organisations raise uncomfortable questions, the response has to be factual, reasonable and measured. The reaction to the BBC’s documentary has been anything but that. In trying to block access to the documentary, the government came across as ham-fisted and now, with this survey at the BBC offices, it comes across as intimidating. This does not augur well for India’s global image, but worse, it is a clear threat to existing freedoms of the country’s citizens,” it adds.

‘At stake here are the country’s democratic credentials’

The Tribune‘s editorial said that if India wants to preserve its global democratic credentials, the I-T department must release any actual evidence it finds of wrongdoing. Otherwise, the suggestions that this is merely retaliatory action from a disturbed government will gain credence.

“The misuse of Central agencies to punish dissenters or detractors is not uncommon in present-day India. At stake here are the country’s democratic credentials, which will take a huge hit if the I-T department is unable to establish a convincing case against the BBC. It’s no secret that the British broadcaster has often taken a jaundiced view of post-colonial happenings in the subcontinent; the charges of financial irregularities, if proved, will have a bearing on its credibility and transparency. The developments are significant for Indian media houses too. The I-T survey, in case it is retaliatory, will be construed as a warning to them: remain pliant or face the consequences. The prospect of being targeted by one agency or the other for taking an anti-establishment line has grave implications for journalistic freedom in the country,” it says.

‘Counter-productive in too many ways’ 

Deccan Chronicle, in its editorial, has called the I-T survey on BBC “the worst message the largest democracy on earth can pass on to the rest of the world”.

“The latest action is counter-productive in too many ways. India will have little defence if and when challenged on international forums regarding its attempts at muzzling press freedom, especially while it is president of the G-20,” the newspaper says. “It will undoubtedly mar India’s image as a liberal democracy which is supposed to respect the plurality of opinions. It also places the documentary, which the government has already decried as a “propaganda piece designed to push a particular discredited narrative”, in the spotlight. The government, meanwhile, must face the criticism of subjecting the media at home, too, to the same highhandedness.”

Income Tax ‘Survey’ at BBC Offices Continues Late on Wednesday

There was no reaction to the ‘survey’ – which comes weeks after the BBC aired a two-part documentary on Prime Minister Narendra Modi – from the UK government.

New Delhi: The ‘survey’ by Indian Income Tax officials at the BBC’s offices in Delhi and Mumbai was still ongoing at 10 pm on Wednesday, February 15. Authorities said they were investigating the British broadcaster for tax evasion, diversion of profits and non-compliance with Indian law.

There was no reaction to the ‘survey’ – which comes weeks after the BBC aired a two-part documentary on Prime Minister Narendra Modi – from the UK government. According to The Guardian, the BBC has “previously been reluctant to seek formal political support when it comes to such incidents in an attempt to make clear it is separate from the British state”.

Tax authorities conduct a survey under Section 133A of the I-T Act, which is usually a precursor to a search and seizure operation. In a brief statement on Tuesday, BBC said that it was cooperating with the tax officials and hoped that the matter would be resolved quickly.

Also Read: Allegations of Transfer Pricing Non-Compliance Do Not Warrant an IT Survey on BBC

In the international press and media bodies, the ‘surveys’ drew condemnation. The non-profit Committee to Protect Journalists said that the action “smacks of intimidation”. Beh Lih Yi, CPJ’s Asia program coordinator, said, “Indian authorities have used tax investigations as a pretext to target critical news outlets before, and must cease harassing BBC employees immediately, in line with the values of freedom that should be espoused in the world’s largest democracy.”

In an op-ed for Bloomberg, Bobby Ghosh, the former editor of Hindustan Times, wrote about the “attack” on press freedom since the start of the Modi era in 2014. He wrote:

“I got some glimpses of how this works in an ill-starred stint as editor of Hindustan Times, New Delhi’s leading English-language newspaper. Just two years in power, the Modi government was already demonstrating an intolerance of criticism that was familiar to me from my previous experiences as a foreign correspondent in the dictatorships of the Middle East. Stories deemed embarrassing to the government or the ruling party led routinely to minatory phone calls from ministers and bureaucrats: The threats ranged from the withholding of ads and the pursuit of punitive lawsuits to investigations into my personal finances and those of my family.

And yes, there were dire warnings about income-tax raids.” 

Ghosh, who resigned as editor of HT abruptly in September 2017, said that “things have only gotten worse” after his departure from Delhi. “Cowed into compliance with official diktat, much of India’s media merely cheers on Modi’s abuses of power,” he said.

Ghosh drew parallels between India under Modi and Turkey under President Recep Tayyip Erdogan, saying the governments have used the “same combination of economic pressure and intimidation to achieve near-total domination of the media landscape”. The governments also use “tax raids and frivolous lawsuits for harassment”, he added.

He said that the indulgence of the West has “inculcated a sense of impunity” in the leaders of the two countries.

In a report, the New York Times noted that under Modi, Indian authorities “have often used such raids against independent media organisations, human rights groups and think tanks in what activists call an effort to harass critical voices into silence by targeting their funding sources”. The newspaper said that rights groups have “repeatedly expressed concern about the dwindling freedom of the press, with journalists and activists thrown in jail for long periods or mired in court cases that drag on in India’s labyrinthine judiciary”.

Allegations of Transfer Pricing Non-Compliance Do Not Warrant an IT Survey on BBC

There is no term called ‘raid’ in the IT Act. A survey is not a search and seizure, which doesn’t allow for sealing of premises or seizing of devices. Transfer pricing assessments are the normal course and have been routinely followed, without the sword of a survey or a search.

The well-worn cliché about the inevitability of death and taxes has outlived its utility in India. As Will Rogers said, “The only difference between death and taxes is that death doesn’t get worse every time Congress meets.” And now we have the spectre of tax raids around us.

In India, the power to conduct a tax survey was first introduced in the year 1964 with an innocuous explanation in the memorandum to the budget – “…to inspect any books of account or document, to take extracts there from and to place marks for identification…”. This, in sum and substance, is the simple intent behind the law. Currently, the convenience of the powers that be dictates the devious manner of implementation of this innocent provision.

Are search, survey and raid the same thing?

People often confuse surveys with ‘search and seizure’. Nothing could be further from the truth. For starters, the Income Tax Act, 1961 doesn’t provide for any “raid”. If there is any information/asset/income which is not forthcoming or is undisclosed, the tax department has the powers to conduct either a “search” or a “survey”. It can also issue “summons” to requisite information.

Section 133A controls the remit of the power to conduct a survey. A survey by tax authorities is a less invasive/intrusive exercise, giving limited jurisdiction/powers to the officers. The language used by the said provision offers some clue about the nature of the powers to be used. In essence, it obligates the taxpayer to “afford…necessary facility” for inspection, checking, verification and other related purposes. In this context, the powers of officers are naturally co-terminus with the nature of the act. A survey is a less aggressive form of examination by the tax department. Section 133A(3) provides a list of permissible and impermissible acts on behalf of the tax department.

Watch | ‘BBC Credibility Greater Than Modi Govt Internationally, BJP’s Comments Shameful’: N. Ram

As per law, impounding or seizure per se in the first instance is impermissible. It is only on recording of reasons that a tax official can ‘impound’ books of accounts and other documents. This limited concession (subject to a reasoned and speaking order) doesn’t extend to any article, thing, asset, cash or stock present on the premises. Moreover, Section 133A(4) expressly bars removal of any article, thing, asset, cash or stock present on the premises by the tax officials. Even the impounding is time bound for a period of 15 days, beyond which an approval of higher officials is necessary.

Contrast the above with Section 132, which provides the procedure for search and seizure. A search is an entirely different jurisdiction which comes with more draconian powers and it is exercised as an extreme measure with appropriate safeguards. It empowers seizure of assets/ things and prohibitory orders as well. The language used in Section 132 essentially empowers the department to “search”, “break open”, “seize”, etc. – none of which is present in a survey. A search is more aggressive than a survey.

Can devices be seized and premises be sealed during a survey?

In the context of the BBC survey, it is now widely reported that a few employees were stopped from leaving the premises and some mobile phones and laptops have been seized by the tax department.

It is important to note that no indiscriminate seizure of mobiles, laptops and digital gadgets can be done at will by the tax officials during a survey. Only books of accounts and documents can be impounded subject to a reasoned order. Balancing the interest of the tax department, a copy of the data from those laptops and digital devices could have been taken or impounded, which relate to accounting or relevant documentation in question like ledgers, financial software and agreements. Even this requires recording of reasons and compliance with the Information Technology Act, 2000.

An indiscriminate seizure of mobiles/digital gadgets without recording reasons during a survey is not only contrary to Section 133A(3) and Section 133A(4) but is also a disproportionate exercise which impinges upon the privacy of the taxpayer and its employees. None of this could have been done unless the survey is converted into a search by way of a speaking order, and an approval with all its safeguards in place.

As far as the sealing of the premises prohibiting entry and exit of people is concerned, the law is fairly well settled in tax jurisprudence: Section 133A does not permit the sealing of the business premises.

Survey for the purpose of adjudicating transfer pricing non compliance?

A message purportedly from government “sources” justifies the survey upon BBC on the ground that the survey has been done to investigate BBC’s violation of the transfer pricing (TP) rules and diversion of profits. It also alleges that BBC has not followed the arms’ length arrangement and is a repeat offender.

Taking the above on face value and to be true, the most appropriate course of action available with the department is to launch a fresh assessment of income or to complete the pending assessments with these findings. This will necessitate issuance of show cause notices, conducting personal hearings with the assessing officer/transfer pricing officer and then passing a reasoned order making a demand of outstanding taxes. This process is similar to the ordinary assessment of income of any taxpayer.

It is important to note Section 92 to 92F which, inter alia, mandates the taxpayer to submit a Transfer Pricing Report and supporting agreements, invoices, ledgers, method of computation of arms’ length, etc. to the tax officials during a routine assessment. All the books of accounts, documents, agreements, invoices, etc. are already before the AO/TPO, based on which notices for further enquiry can be issued and the TP compliance be adjudicated upon. It is because of this reason that there is ordinarily no occasion to conduct a survey for TP compliances.

TP assessments are the normal course and have been routinely followed, without the sword of a survey or a search. Whether arms’ length price has been followed or not is a matter of assessment. The nature of documents which could be impounded or seized is similar to the ones which are already on record before the TPO. The law also prescribes penal consequences for non-submission of the required documents.

Also read: BBC Raids: Revenge Is What the Voters of the BJP Keep Looking For

This begs a serious question regarding the appropriateness and necessity of a survey action against BBC when other avenues were open. The answer perhaps lies in the timing of the action and the purported justification to conjure public support. The spectacle of a “raid” or a survey on an entity involved in “diversion of profits” in a highly technical sounding “transfer pricing” issue ties in very well with the so-called anti-national BBC narrative. This episode doesn’t bode well for the freedom of speech and freedom of press that we so zealously cherish. It signals the death of democratic values at the hands of a government afraid of dialogue or free exchange of ideas that are detrimental to its image and perception, done through a malafide implementation of tax laws.

Deepak Joshi is an advocate based in Delhi.

Edited by Jahnavi Sen.

Watch | ‘BBC Credibility Greater Than Modi Govt Internationally, BJP’s Comments Shameful’: N. Ram

In a 29-minute interview with Karan Thapar, Ram also sharply criticised the British government and Prime Minister Rishi Sunak for what he called “a pathetic response” to the Indian I-T department’s ‘survey’.

In a hard-hitting interview, where he unequivocally expresses his condemnation of the tax surveys against the BBC, N. Ram says that “the BBC’s credibility is clearly greater than the Modi government’s credibility internationally”. Ram, the former editor-in-chief of The Hindu, adds: “I can’t think of a more credible organisation (in the world of media) than the BBC.” He says “the BBC won’t be intimidated” by these surveys, which he says are, in fact, raids although they are defined differently by the tax department. The surveys, he said, are “completely unacceptable … it’s censorship … looks like a comedy of follies”. Ram added that these surveys “could be a little bit of revenge” for the two-part BBC documentary India: The Modi Question.

In a 29-minute interview with Karan Thapar for The Wire, N. Ram also sharply and strongly criticised the British government and Prime Minister Rishi Sunak, in particular, for what he called “a pathetic response”. Ram asked: “Isn’t it strange that there’s nothing from Sunak so far?” He added, “I would have expected a self-respecting government to raise their concerns publicly.” The journalist said bluntly, “Sunak has been found very short.”

Ram was asked about the tax department’s statement issued on February 14, wherein it said the survey was conducted “in view of the BBC’s deliberate non-compliance with the Transfer Pricing Rules and its vast diversion of profits.” Ram said these are “sweeping allegations” and “a poor defence”. He added: “Yes, I’m skeptical (of them).” He added, “We have seen no evidence of it”. He said that “in the past, nothing is ever proved”.

Asked if there was a connection between the two-part BBC documentary India: The Modi Question, the government’s angry response and this survey, Ram said they are “clearly connected” adding “99% would see the connection … it stares you in the face”.

The journalist said even if the government has genuine tax-related questions and issues with the BBC, the survey – which continued all night and is continuing on Wednesday as well – is an “indefensible manner of treating the BBC.”

Finally, Ram said the surveys against the BBC have done “more damage than any previous attack on media freedom and free speech” to India’s international image. He said after this, Prime Minister Narendra Modi’s boast that India is the world’s largest democracy and the mother of democracies “lacks credibility”.

Please see the full 29-minute interview to appreciate the strength of N. Ram’s arguments and opinions.

I-T Department ‘Surveys’ at BBC’s India Offices Continued Overnight, Still Ongoing

The BBC asked all its employees except the broadcast department to work from home on Wednesday.

New Delhi: The Income Tax Department’s ‘surveys’ at the British Broadcasting Corporation’s offices in India – in Delhi and Mumbai – continued all night and are still going. This action comes weeks after the BBC, the public broadcaster of the United Kingdom, released a documentary on Prime Minister Narendra Modi’s role in the 2002 Gujarat riots titled ‘India: The Modi Question’.

A survey, conducted under Section 133A of the I-T Act, is usually a precursor to a search and seizure operation, according to the Indian Express.

According to NDTV, the BBC asked all its employees except the broadcast department to work from home on Wednesday. “Employees can refrain from answering questions on personal income if asked so. They should answer other salary-related queries,” the BBC said in an internal email to employees, adding that staffers should cooperate and “answer questions comprehensively”.

In a statement on Tuesday, BBC had said that it was cooperating with the tax officials and hoped that the matter would be resolved quickly.

While the UK has not officially made a statement on the move, the US State Department said it supports freedom of the press but is “not in a position to offer judgement”. “We support the importance of free press around the world. We continue to highlight the importance of freedom of expression and freedom of religion or belief as human rights that contribute to strengthening democracies around the world. It has strengthened this democracy here in this country. It has strengthened India’s democracy,” State Department spokesperson Ned Price said.

Also read: Tax ‘Survey’ on BBC: The Modi Government Is Behaving Exactly Like Indira Gandhi During the Emergency

I-T Department sources have told the media that the ‘survey’ concerns allegations of international taxation and transfer pricing irregularities involving the BBC. During the survey on Tuesday, officials reportedly searched the word ‘tax’ on computers after asking employees to log into them.

Opposition political parties, media and journalists’ bodies, and civil society groups have condemned the I-T Department’s action, and said that it appears to be direct retaliatory action against the BBC for its documentary that was critical of the prime minister. “It is deeply unfortunate as this latest instance appears to be a clear cut case of vendetta, coming within weeks of a documentary aired by the BBC on the Gujarat riots,” said the Press Club of India, for instance.

The Union government had blocked the documentary on YouTube and Twitter. The external affairs ministry had called it “propagandist agenda,” to which the BBC said the documentary “was rigorously researched according to highest editorial standards.”