DAILY FROM: AHMEDABAD, CHANDIGARH, DELHI, JAIPUR, KOLKATA, LUCKNOW, MUMBAI, NAGPUR, PUNE, VADODARA JOURNALISM OF COURAGE `5.00 WWW.INDIANEXPRESS.COM SINCE 1932 AN ICIJ-EXPRESS INVESTIGATION In US, ortho major forced to admit it was corrupting doctors, hospitals in India US financial regulator asks Stryker to pay $7.8 million in settlement: dodgy records, rigging bids KAUNAIN SHERIFF M NEW DELHI, NOVEMBER 27 MAHARASHTRA FADNAVIS: ATR ON MARATHAQUOTA RECOMMENDATIONS TO BE TABLED IN ASSEMBLY, PAGE 3 INDUCEMENTSTOdoctors,dubious deals with hospitals. If these arethehallmarksofthebigunregulated medical bazaar in India, a rarecaseinvolvingaglobalmajor has put a figure to it. Inafilingtwomonthsago,the topfinancialregulatorintheUSA, the Securities and Exchange Commission (SEC), ordered the world’s leading manufacturer of orthopaedic implant devices, Stryker, to pay $7.8 million (over Rs 55 crore) in settlement for violating its corruption norms in India, China and Kuwait, documents accessed by The Indian Express reveal. The settlement, recorded by the SEC on September 28, came aftertheCommission’s“account- US SEC filing on Sept 28: ‘Documentation appeared falsifed’ ing and audit enforcement” proceedings noted a number of “violations” by the company’s Indiansubsidiaryanditsdealers. These “violations” include questionable payments to doctors for “consulting fees, travel, andotherbenefits”and“inflated invoices”issuedto“mostlylarge, corporate hospitals”. And that’s not all. In 2012, the anti-monopoly regulator, CompetitionCommissionofIndia (CCI),finedanauthoriseddistributorofStrykerIndiaandtwoother firms Rs 3 crore for allegedly rigging bids, manipulating tenders andformingacarteltosellequipment to the All India Institute of Medical Sciences (AIIMS) and Safdarjung Hospital, two of the largest government hospitals. InitsscrutinyofStryker’sIndia operations,includingthefindings of internal audits between 2010 and 2015, the US SEC concluded: ON US BLACKLIST, IN INDIA ● THEY ARE IN THE GREY ZONE P 7 “Payments intended to benefit HCPs(HealthCareProviders)also lacked sufficient documentation, suchasconsultingfeespaidtodoctorswithoutadequateexplanation ofthedoctors’consultingservices or hours billed, and payments for HCP travel with documentation thatappearedfalsified... “Additionally,theforensicreview found missing or inaccurate documentation for numerousothertransactionsflaggedas TOMORROW: IMPLANTS WITHOUT CLINICAL TRIALS high-risk,includingexpensesrelated to consulting fees, travel, andotherbenefitstohealth-care professionals in India.” The US regulator’s severe indictment of Stryker’s India operationsisoneof themoststartling findings to emerge from the Implant Files investigation by The Indian Express and the International Consortium of Investigative Journalists (ICIJ) on the medical bazaar, where pharma majors hardsell their productswithoutanyregulation via a dubious nexus with hospitals and doctors. Stryker India has four offices in the country -- Delhi NCR, Mumbai, Chennai and Kolkata - and an annual turnover of Rs 300 crore in FY 2017-18, mainly from selling hip and knee implants, and medical devices for CONTINUED ON PAGE 2 Kartarpur opens today: nip in the air, hope on the streets EXPRESSINLAHORE SHUBHAJIT ROY NOVEMBER 27 IN LAHORE, there’s a nip in the air. It’s the evening before Prime Minister Imran Khan is scheduled to lay the foundation stone inKartarpurforthecorridorlinking Gurdwara Darbar Sahib — the final resting place of Guru Nanak — to Dera Baba Nanak shrine in Gurdaspur. And the moodontheground,around120 km from the venue, is a heady combination of high hopes and great expectations. More so, after Foreign Office spokespersonMohammadFaisal declared in Islamabad that PakistanwillinvitePrimeMinister Narendra Modi for the next SAARC summit in the country. At the plush California Pizza outlet, on the road to the famous Liberty market in the heart of Lahore,fouryoungwomen—two lecturers,adoctorandaPhDstudent—areconvincedthatKhan’s moveis“wise”andcouldchange how people view Pakistan. “This initiative is a positive step, and we hope India will reciprocate,” said Maria Farooq, a lecturerinIslamicStudies,asher friends nodded in agreement. It’s not just people on the street. “We believe that Pakistan’s Kartarpur spirit, if reciprocated adequately, can be a harbinger of change in this most challenging relationship in South Asia,” Foreign Office spokesperson Faisal told The Indian Express over phone. PakistanhadinvitedExternal Affairs Minister Sushma Swaraj to attend Wednesday’s event. But with prior commitments on her table, Union Ministers MADHYA PRADESH, MIZORAM VOTE TODAY Election officials leave for their polling stations ahead of the state assembly elections, in Jabalpur on Tuesday. PTI CONTINUED ON PAGE 2 THE IDEAS PAGE NSEL payment fraud: SFIO tells govt to wind up 148 brokerages KHUSHBOO NARAYAN MUMBAI, NOVEMBER 27 TODAY, INSTITUTIONS SPEAKFOR THOSE WHORULE Navjot Singh Sidhu at Wagha on Tuesday. AP BUSINESS AS USUAL BY UNNY IRREGULARITIES IN IRRIGATION PROJECTS ACB submits affidavit, details role of Ajit Pawar VIVEK DESHPANDE NAGPUR, NOVEMBER 27 THE ANTI-CORRUPTION Bureau (ACB) on Tuesday filed a key affidavit before the Nagpur bench of the Bombay High Court, stating that former state Water Resources Minister Ajit Pawar had intervened in the entire process leading to award of con- PAGE 1 ANCHOR BY KAPIL SIBAL PAGE 11 THE SERIOUS Fraud Investigation Office (SFIO) has recommended to the government to initiate the process of winding up 148 brokerages in India for conducting business in a “fraudulent manner” while dealingwithinvestorswhowere defrauded in the Rs 5,600-crore payment scam at the National Spot Exchange Ltd (NSEL). The SFIO recommendation follows an investigation into the NSEL payment fraud that came to light on July 31, 2013. The Ministry of Corporate Affairs (MCA)isconsideringtherecommendationof theSFIOonbrokeragesandisexpectedtotakeadecision soon on the winding-up tracts for various irrigation projects to ensure that “mobilisation advance” (MA) was granted to contractors by tweaking a government resolution. TheaffidavitwasfiledbyACB Director General Sanjay Barve in response to a directive by the court last month, seeking an affidavit on the role of the former minister in the alleged irrigation scam. “Thewaterresourcesdepartment (WRD) had issued a circular on April 16, 2008, stating that provision of MA should not be made in any tender. This circular wasannulled vide circulardated July 25, 2008. It is pertinent to note that the personal secretary to Ajit Pawar, Suresh Jadhav, wrotetosecretary,WRD,onMay 14, 2008, stating that the minister had directed that the said cir- cular along with the circular laying down the guidelines for tenders be cancelled and compliance be submitted to the minister,” the affidavit states. “Thegrantof MAinVidarbha Irrigation Development Corporation’s (VIDC) tenders wasingrosscontraventionof the rules, the same was granted to bidders who quoted way above CONTINUED ON PAGE 2 process, sources told The Indian Express. NSEL’s payment troubles started after it was ordered by regulator Forward Markets Commission (FMC) in July 2013 to suspend spot trade in most of its contracts due to suspected trading violations. The exchange was not able to settle outstanding trades. CONTINUED ON PAGE 2 WORLD INSIGHT LANDS ON MARS PAGE 12 NC, PDP PRAISE GOVERNOR What Centre wanted in J&K: Malik lets it slip ‘Had I looked to Delhi, would have had to install Lone... I would have gone down in history as a dishonest man’ ARUN SHARMA, NAVEED IQBAL & ADIL AKHZER JAMMU, SRINAGAR, NOVEMBER 27 FUELLING THE debate over his decision to dissolve the Jammu and Kashmir Assembly and ignoring claims to power, Governor Satya Pal Malik has said had he looked to Delhi, he would have had to install a government led by Sajad Lone, and history would have remembered him as a “dishonest man”. Lone heads the People’s Conference and has the backing of the BJP. On November 21, in separate letters staking claim to form the government, PDP’s Mehbooba Mufti cited support of the Congress and National Conference, while Lone said he had the support of the BJP and otherMLAs.Withinhours,Malik dissolved the Assembly. Justifying his decision — the J&K Assembly had been in suspended animation after Governor’s Rule was imposed in June — Malik told a gathering at the ITM University in Gwalior last Saturday: “Aur phir ek bar clear kar doon ki Delhi ki taraf dekhta to Lone ki sarkar mujhko bananipadti.Aurmeinitihasmein ek beiman aadmi ke taur pe jata. Lihaza mainey mamle ko hi khatam kar diya. Jo gaali dengey dengey, lekin mein convinced hoon ki mainey theek kaam kiya.’’ (And let me make it clear once again that had I looked towards Delhi, then I would have hadtoinstallLone’sgovernment ‘I did the right thing’ EXPLAINED WEDNESDAY, NOVEMBER 28, 2018, PUNE, LATE CITY, 18 + 4 (NEWSLINE) PAGES E He comes clean, but ● fuels debate GOVERNOR SATYA Pal Malik, who triggered a debate by dissolving the J&K Assembly instead of entertaining claims to power by the PDPCongress-NC alliance and the Sajad Lone-BJP bloc, has raised his stock by saying he did not look to Delhi. He is now being praised by the same leaders who castigated him. But his remarks also strengthen the suspicion in the Valley that Delhi is out to meddle in the state’s politics. and my name would have gone down in history as a dishonest man. So I ended the matter once and for all. Those who abuse me will continue to do so, but I am CONTINUED ON PAGE 2 Ayodhya: Indresh of RSS slams CJI-bench, claims Govt ready with law EXPRESS NEWS SERVICE CHANDIGARH, NOVEMBER 27 CLAIMING THAT the Centre plans to bring a law on the Ram Janmabhoomi-Babri Masjid dispute but has been silent in view of theModelCodeof Conductfor the ongoing Assembly elections, RSS leader Indresh Kumar Tuesday attacked the Supreme Court’s “three-judge bench... known to the public” for “delaying” a decision on the Ayodhya title suit. He said if someone goes to the Supreme Court against the law the government plans to bring,“itispossiblethattheChief Justice will issue a stay (Ho sakta hai aadesh laane ke khilaf koi sarfira Supreme Court jayega, toh aaj ka Chief Justice usey stay bhi kar sakta hai)”. Referring to the CJI-led bench’s decision to defer hearing on the Ayodhya matter to January, Indresh said: “I haven’t taken names because 125 crore Indians know their names... the three-judge bench... they delayed, they denied, they disrespected”. He then went on to say “will Indresh Kumar at Panjab University. Kamleshwar Singh the country be so handicapped” that it lets “two-three” judges “throttle its beliefs, democracy, Constitution and fundamental rights”. Speaking at a seminar titled ‘Janmabhoomi mein anyay kyun’, organised by the Joshi Foundation on the campus of the Panjab University, Indresh said: “Will you and I watch helplessly? Why, and for what? Jo aatankwad ko ardh raatri mein sun sakte hain, woh shanti ko apmaan aur uphas kar de (Should thosewhohearcasesagainstterror at midnight insult and ridicule peace)... Even the English did not have the courage to perpetrate such atrocities on CONTINUED ON PAGE 2 26/11 Handler Went Under Scalpel To Change His Look RASHMI RAJPUT MUMBAI, NOVEMBER 27 WITHINDIAstillpushingtobring alltheaccusedinPakistanbehind the Mumbai terror attacks of 2008 to justice, an alleged top Lashkar-e-Taiba (LeT) operative whohasbeenidentifiedasahandler in the case has purportedly undergone a surgery to change hisappearance,seniorsourcesin the security establishment told The Indian Express. The LeT operative, Sajid Majeed alias Sajid Mir, who has been “underground” for the last two years, is suspected to have been part of teams “planning and plotting” to carry out strikes in India, the sources said. “SajidMirhaschangedhisappearance and has been underground for a while. Mir was heading the Karachi project (of the LeT) and was planning an attack on the lines of 26/11 on the Danish newspaper JyllandsPosten,whichhadpublishedcartoons of Prophet Muhammad,” saidaseniorofficial,speakingon condition of anonymity. “MirropedinDavidColeman Headley to carry out reconnaissancebothinIndiaandDenmark. But the Denmark project was called off in the aftermath of the 26/11 attack after the role of the LeT and Pakistan’s ISI was exposed,” said the official. Another alleged LeT operative,AbdurRehmanSayyad,who is a retired Pakistan Army officer chargesheeted by the Mumbai Crime Branch for his role in the 26/11attackisresidinginLahore “undercoverprovidedbytheISI”, sources said. Mir is a senior LeT operative in charge of carrying outoperationsinIndia,theysaid. Lashkar operative Sajid Mir BetweenDecember2008and January 2009, Pakistan claimed that they had conducted a string of arrests in the 26/11 case, in- 10 years since the attack cluding that of Zarar Shah who waswantedbyMumbaiPolicefor providing financial and logistical assistance in the attacks. However, sources said, a probe by Indian intelligence agencies into Shah’s arrest by Pakistan’s Federal Investigation Agency(FIA)revealedthatitwas a “dummy” operation and that the suspect that Mumbai Police were tracking was, in fact, Mir. “In its 26/11 case, Pakistan’s FIA had arrested seven, including Abdul Wajid, a resident of Sheikhpura district of Punjab province, claiming that he was the‘ZararShah’namedbyIndian agencies. The Zarar Shah we had named in our chargesheet is not Abdul Wajid but Sajid Mir. Mir is being protected by the ISI and Wajid was a dummy arrest by Pakistani authorities. Proof of Sajid Mir being Zarar Shah was collected and shared with the government,” said the official. In the 26/11 chargesheet, Indian agencies had stated that Shah engineered and financed the subscription of a VoIP (Voice over Internet Protocol) service fromaNewJerseycompanythat was used to communicate with terrorists during the attack. On Sayyad, the official said: “Sayyad retired as a Major from the Baloch regiment, an infantry regiment of the Pakistan Army. Like Mir, he was also responsible for planning and executing the November 2008 attack, and a part of the Karachi project. Today, he lives in Lahore under protection,” the official said. BothMirandSayyadwereallegedly present inside a control room in Pakistan, giving instructionstothetenterrorists,including Ajmal Kasab, Mumbai Police CONTINUED ON PAGE 2
Indian Express Limited is an Indian news media publishing company. It publishes several widely circulated dailies, including The Indian Express and The Financial Express in English, the Loksatta in Marathi and the Jansatta in Hindi.