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One law for high-fliers, another for aam aadmi?

Updated on: 09 June,2011 07:09 AM IST  | 
Bipin Kumar Singh |

Even as cases of people like Vikram Lamba being let off while ordinary men are arrested raise eyebrows, officials admit off record that they are under pressure to go easy on high-fliers/high-profile individuals

One law for high-fliers, another for aam aadmi?

Even as cases of people like Vikram Lamba being let off while ordinary men are arrested raise eyebrows, officials admit off record that they are under pressure to go easy on high-fliers/high-profile individuals


THE hurried release of Mallika Sherawat's brother, Vikram Lamba, by the Mumbai Customs after he was caught bringing in nearly Rs 10 lakh in British pounds and high-end goods worth Rs 5 lakh both undeclared from Dubai has raised many eyebrows.


Mallika Sherawat's brother Vikram Lamba was caught by the Customs for bringing in nearly Rs 10 lakh in British pounds

Lawyers say that the same offence would have attracted a much harsher penalty had it been committed by an ordinary Mumbaikar (defined as one bereft of political and 'starry' connections), who would have had to spend time in prison and file a bail application in court.

And, coming as it does close on the heels of the Atanasio Monserrate, Sangeeta Jindal and Minissha Lamba episodes, the case begs for one question to be asked: Does the Mumbai Customs have separate rules for celebrities than it does for ordinary people?

"Lamba was released around 11 pm yesterday. It was a high-profile case and it wasn't possible for us to detain him for long," said a Customs official, on condition of anonymity.

Goa Education Minister Atanasio Monserrate, who was caught at the Mumbai airport on April 2 for allegedly carrying unaccounted foreign and Indian currency amounting to more than Rs 1.25 crore, was also released the day he was caught despite the Customs Department making out a strong case against him.

Customs officials say they suspected an alleged hawala racket related to the case but could not investigate further because of 'pressure from top'.

"The case was crystal clear and a few officials wanted to detain him and produce him in court, but what worked against us was the fact that he was a minister. Soon after his arrest, our office was flooded with calls from high-profile people in Delhi, Mumbai and Goa, asking for Monserrate's release," said an official.

The Customs source revealed that the same pressure tactics also worked in the cases of actress Minissha Lamba, who was caught with undeclared diamond jewellery worth over Rs 42 lakh on May 18 and Sangeeta Jindal, wife of business tycoon Sajjan Jindal, who was caught on May 1 for carrying undeclared goods worth Rs 21 lakh and jewellery worth Rs 39 lakh from London. Both were released the day they were caught.

Ordinary case
Mira Road-based builder Sajid Sayyed Shaikh, who was detained on May 29 for carrying undeclared goods worth much less than what the celebrities were carrying, said he was arrested and had to spend a night in lock-up. He was freed only after a court granted him bail.

Shaikh was caught with gold jewellery worth Rs 8 lakh, foreign watches worth Rs 1.26 lakh, perfumes worth Rs 80,000 and foreign currency amounting to $5,000 (Rs 2.25 lakh).

"I was ready to pay the duty when I was caught, but the officials were in no mood to listen and put me under arrest. They are obviously biased towards politicians and celebrities," Shaikh told MiD DAY.

Advocate Ravi Hirani, who has dealt with more than 100 cases of people getting caught in the Customs net, said the recent cases reek of preferential treatment.

"I have seen so many cases of people being arrested for carrying Rs 5-6 lakh. The cases of Minissha Lamba, Monserrate and Vikram Lamba clearly expose the bias of Customs officials towards celebrities and other high-profile people," said Hirani.

The Other Side
Speaking to MiD DAY, P M Govande, Customs commissioner in charge of Mumbai airport, ruled out any bias. "I will not accept allegations that people are released owing to pressure from the top.
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We take the decision of releasing passengers after recording their statements and investigating the case. I also want to make it clear that just releasing the passenger doesn't mean that the case is closed, we call the person down for questioning from time to time."

When Govande was asked pointedly whether Monserrate was released because of political pressure as was alleged by his own officials, he refused to comment. "I was not in charge at that time and will not be able to comment on the matter," he said.

Mahendra Pal, additional commissioner of the Customs' Air Intelligence Unit, who personally investigated most of the recent high-profile cases said, "I don't want to say much on the subject. The only thing I want to ensure clarity on is that we did not work under any pressure from anybody."




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