TN Governor seeks a report from TN CM on a major security lapse. Highly placed sources say, two Korean nationals who are wanted in two criminal cases have escaped and reached Korea. They were under the watch of TN police including two armed guards. The house arrest was on the orders of the Supreme Court.
Choe Jae Won & Choi Yong Suk were originally arrested by the GST enforcement officers in a case under sections 132 (1) (d) of the Central Goods and Service Tax Act, 2017 (CGST Act, 2017) for evading GST to the tune of Rs.40 crores.
Choe Jae Won was the General Manager of Chowel India Private Limited and Choi Yong Suk was the Managing Director of the same firm. The allegation against them is that they collected GST from their buyers, and failed to remit the same to the Government of India, since August 2017. The liability was assessed to the tune of Rs.40,00,37,447/-
The Enforcement Compliance Management Section of the GST, initiated prosecution and they were arrested and remanded to judicial custody on 24.06.2019. They managed to get interim bail on the condition that they have to give surety to a sum of Rs.7.50 crores. While they approached the court pleading inability to mobilise the required surety, the agency – GST department failed to file charge sheet within the stipulated time and they were enlarged on default bail.
While being so, the government of Tamil Nadu’s Public Secretary, issued an ordered and arrested the Korean duo again and remanded them to GST custody. Then they moved the Madras High Court and sought to be housed in a private accommodation for which they undertake to foot the bill. They also undertook to pay the expenses for police protection.
The Madras High Court after observing, “considering the fact that, several Non-Bailable Warrants have already been issued to the Petitioners and that, there is every possibility of the Petitioners fleeing away from the clutches of Law,” dismissed their plea.
The Supreme Court in its order dated 16.06.2020, directed the government of Tamil Nadu to make suitable arrangement for their stay in private accommodation. Accordingly Choe Jae Won & Choi Yong Suk were staying in Oragadam, Kanchipuram.
While staying in a private accommodation under police protection, both the Korean accused tried to flee by using the Aadhar details of some other person and had booked flight tickets to Kolkatta to flee to Korea. Police registered a case in Cr. No. 408 of 2021 u/s 420, 468, 471, 224 and 511 IPC in Crime No.408 of 2021.
Fearing arrest both the accused moved the Madras High Court for anticipatory bail, and the Court through its order dated 26.10.2021. While opposing their bail plea, the Govt. pleader argued that, “the accused have utilised the Aadhar cards of certain other persons, which shows that the biometrics and the unique identification of certain individuals are being misused by the petitioners, which reveals a larger conspiracy involving the safety and security of the country and enlarging the petitioners on bail at this point of time would cause much hardship and detriment to the investigation in view of the affluent nature and strong financial position of the accused”.
The Madras HC, dismissed the bail with the following observations :
“This Court had come across a spate of cases in Crl. O.P. Nos. 5875/2021, etc. batch where it was noted that very many foreign nationals are within the territorial jurisdiction of the country without having valid visa and in some cases, they have entered the country through illegal means and have been staying here for years together. In fact, the Court in the said case, with pain had noted that 13,289 persons are said to be overstaying their visa period, as per the data provided by the International Check Post.
The Court also noted that the said number pertains only to the districts of Chennai, Trichy, Coimbatore and Madurai, leaving aside the other parts of the country. The above number pertained only to four districts within the State. Since very many inconsistencies and infirmities were noted with regard to the stay and dealing of the governmental agencies with regard to deportation of the foreign nationals and, therefore, this Court had issued a slew of directions with a view to safeguarding the security of the nation.
Therefore, from the above, it is clear that foreign nationals, while they are guests on our soil so long as they are bound by the laws of the land and are following the same, any infraction of the laws would not give them any leverage to claim the benefit of Article 21 of the Constitution. All the laws towards safeguard of the life and liberty of individuals are only for persons, who respect, abide and follow the said laws and the said leverage is not for such of those persons, who flout the said laws for their gain to the detriment of the nation and its growth. Therefore, it is not open to the petitioners to claim refugee under Article 21 of the Constitution for getting certain benefit, when they are alleged of certain serious offences.
Further, it is to be pointed out that with a view to lure investors to invest in development projects for the growth of the nation, the Indian Government gives very many attractive and lucrative benefits for the business entities, who intend to start business within the territorial jurisdiction of our country. Though many of the multinational companies, utilising the benefits given by the Government, start business and benefit both themselves and the society, however, few unscrupulous elements, utilising the said opportunity, under the guise of starting business, try to erode the economic stability of the country by resorting to acts, which have far reaching economic ramifications.
In the case on hand, true it is that for economic violations, though bail was granted by this Court with a caveat to the petitioners to stay at the detention camps, however, the petitioners have knocked the doors of the Hon’ble Supreme Court and obtained favourable orders for being held in custody at their residence, which has since been granted.
True it is that the petitioners, for being held in custody at their residence, are shelling out a wad of money from their pocket. But it is they who cried before the Hon’ble Supreme Court for such an order. It is to be pointed out that nothing comes for free and more so when the petitioners have taken the Government for a ride by throwing the laws to the wind and not making the requisite GST payment for which proceedings have been initiated against them, they cannot come and cry that they are paying money for being held in custody in their residence. Further, it is to be pointed out that the police personnel are appointed by the State for the purpose of safeguarding the safety and security of the law abiding citizens and such personnel cannot be put to use to safeguard individuals, such as the petitioners, who are accused in a crime for which trial has been launched against them.
The gravemen of the allegation made against the petitioners is that they being on bail, under house arrest, are trying to flee the country by using fake identities. Without a full fledged investigation, it would not be possible to find out the truth or otherwise in the matter. Further the affluency of the petitioners would also be a problem for the investigating agency to probe the issue, as the affluent nature of the petitioners stares writ large on the face of this Court which aspect cannot be brushed aside on the facts and circumstances of this case.”
While the accused were under police protection, highly placed sources say, the accused flew from Chennai to Bengaluru, Bengaluru to Kolkatta, Kolkatta to Manipur to Myanmar. Myanmar to Indonesia and finally Indonesia to South Korea.
How two ordinary businessmen, after committing an economical offence, left from Chennai to Korea, hoodwinking the entire country’s law enforcement agencies.
TN CM met TN Governor yesterday. While the government claimed the meet was to impress upon NEET exemption bill, TN Raj Bhavan claimed it is for Covid and flood situation. Whenever a CM meets the Governor, what is to be revealed will always be discussed and a common or separate press releases with common text will be released from both sides. The two different reasons cited by both the sides makes it curious.
On 28 November 2021, the English daily DT next published a brief news item about the diabolical escape of the two Koreans.
TN BJP spokesperson Thirupathy Narayanan, quickly quoted the news item and pointed out that, the daring escape proves the sorry state of Tamil Nadu’s law and order. He also questioned whether the CM will take action against who are responsible for the lapse.
Speaking to Savukku about this fiasco, Thirupathy Narayanan said, “This episode shows the lacklustre attitude on the part of the police. This also shows the highest level of corruption prevailing in the police”. When questioned how corruption could be involved in this episode, Narayanan said, “Without the active connivance and collusion of the police officials, such daring escape could not have happened. They were under judicial custody with armed guards. How could they have gone unnoticed by anyone” wondered Narayanan.
TN Governor, a former Intelligence Bureau officer, whose speciality is North-East got curious about the network that could be used for two Korean nationals, who are incapable of mingling with the local crowd, with huge language barrier could have criss-crossed across the country and fled through Manipur. The Manipur-Myanmar angle kindled his curiosity.
If such a network does exist, what prevents hard core criminals using the same channel and escaping abroad and what prevents terrorists like Ajmal Kasab entering through our shores !!!
The danger has become very aggravated following the deep penetration of the Chinese in Lanka. The Chinese investments in the southern part of the island is slowly gravitating towards the north which is a few kilometres from Tamil Nadu. Already intelligence agencies are wary of the Chinese threat as they are engulfing the country from all sides. The operations that is being undertaken by Chinese in our land cannot be disclosed for strategic reasons.
In such a situation a major security lapse like this cannot be condoned or tolerated in the interests of the security of the state.
This apart, in October 2021, 85 lankan nationals of which 59 were from Tamil Nadu refugee camps, were intercepted by US navy near the island of Diego Garcia and later sent to Maldives. They are under house arrest in Maldives as of now. ToI report in this regard.
The late Kalaignar Karunanidhi had to lose his government not for corruption or irregularities. But for poor maintenance of law and order. He lost his government for his soft handling of the LTTE which played havoc in the state.
The world view of terrorism taking a dramatic turn after 26/11, TN CM MK Stalin should pull up his socks and maintain a strict vigil with a 360 degree view. At the sake of repetition, it is again stressed that, media management and photo shoots will not help his government in the long run. There are issues involving state security which requires greater attention. Both Jayalalitha and Karunanidhi excelled in this area and that is why they ruled the state for decades.
PS : TN DGP & Head of Police Force Thiru.Sylendra Babu, has called for a high level meeting following the curt instructions of the Governor. A major security revamp and intelligence overhaul is on the cards add sources.
Our courts have never favoured the interest of the Nation! So sick of them!
You have said in a vedio that BJP is hiring rowdies in their party. I feel that BJP is doing this to spoil peace in TN by creating riots using these rowdies in the name of religion and caste. Even educated people can be easily brainwashed when bringing in religion and caste. Nothing like that should happen. People should remain united despite any religion or caste.
Do you seriously think those two koreans escaped only by themselves…By not so they must have approached a or many networks within the state for atleast breaching security of their house arrest and even travel(incl. the travel from their home to airport).It is not easy right.Then how can we neglect such networks within our states.
Thalvarae.. apdiya antha Kodanad case enachu nu update panividunga