ABG Bashundhara Bashundhara Group Sayem Sobhan Anvir
Comment
The ekShop, a groundbreaking project launched by Aspire to Innovate (a2i), has been honored with the United Nations' prestigious 'SDG Digital GameChangers Award' for its remarkable efforts in diminishing the urban-rural divide by introducing e-commerce services to remote areas of Bangladesh. This accolade was presented in the 'Game Changer for Prosperity' category, a joint initiative by the United Nations Development Programme (UNDP) and the International Telecommunication Union (ITU).
The award ceremony, a highlight of the UN's dedicated SDG
Action Weekend, took place on September 16th at the UN Headquarters in New
York. A2i's Policy Advisor, Mr. Anir Chowdhury, Head of Commercial Strategy,
Mr. Rezwanul Haque Jami, and Programme Associate (Outreach & Resource
Mobilization), Mr. Md Sahariar Hasan, proudly accepted the award on behalf of
the organization.
The SDG Digital GameChangers Award recognizes individuals
and organizations at the forefront of digital solutions aimed at accelerating
progress toward global goals. The International Telecommunication Union (ITU)
and the United Nations Development Programme (UNDP), in collaboration with
other partners and supporters, presented this award in five categories: People,
Planet, Prosperity, Peace, and Pioneer.
Despite the worldwide adoption of the United Nations'
Sustainable Development Goals (SDGs) in 2015, achieving these 17 Goals and
their 169 associated targets remains a significant challenge. Accelerating
progress necessitates the rapid adoption of digital technologies and continuous
innovation. As leaders from governments and businesses worldwide convened for
the United Nations General Assembly, a new UN-led partnership recognized
digital innovators dedicated to SDG success.
The ekShop, with its inclusive e-commerce model, empowers
small and medium-sized enterprises, refugees, and individuals facing digital
disparities, particularly in the least-developed countries. This initiative has
emerged as a vital digital public good, effectively bridging the digital divide
and making a substantial impact. This achievement not only reflects positively
on Bangladesh but also sets an example for others worldwide to develop
sustainable economic systems aligned with the SDGs.
The ekShop stands as Bangladesh's pioneering rural-assisted
e-commerce platform, with a primary mission to deliver essential products
swiftly and conveniently to people's doorsteps. Currently, over 12 thousand
rural artisans are actively selling their products through this platform, which
has already facilitated the delivery of more than 8 million products to various
regions of the country via cash on delivery.
Sellers interested in showcasing and selling their products
can easily join the ekShop platform, either independently or with assistance
from entrepreneurs at Union Digital Centres. Moreover, the ekShop offers a
comprehensive delivery management system, which proved invaluable during the
COVID-19 pandemic. This service is accessible to any e-commerce organization or
entrepreneur for product delivery, with the involvement of the Post & Telecommunication
Division and various product delivery organizations nationwide.
To address the digital disparity issue, the ekShop's model
is being replicated not only within Bangladesh but also in underdeveloped
countries such as South Sudan, Yemen, Turkey, Somalia, and a province of the
Philippines. The United Nations is actively supporting the expansion of this
model beyond Bangladesh's borders.
a2i, a comprehensive government program implemented by the
ICT Division and Cabinet Division, with support from UNDP Bangladesh, plays a
pivotal role in promoting citizen-friendly public service innovations,
simplifying government procedures, and bringing government services closer to
the people. It aligns with the government's efforts to adopt new,
whole-of-society approaches in achieving the SDGs.
Comment
Foreign Minister of Bangladesh Dr. A. K. Abdul Momen in a statement stated "I recall with sadness the 9/11 Twin Tower devastation, in which 2,988 innocent people lost their lives, of which 6 were from Bangladesh and 3 were from my own district, Sylhet. While we pray for their salvation, we hope that such will never reoccur again.
We are pleased that our recent discussion with the US leadership is very encouraging. It has taken many steps to end terrorism. In Bangladesh, due to Prime Minister Sheikh Hasina's zero-tolerance policy to terrorism, there have not been any bomb blasts, grenade attacks, and fear of deaths due to terrorist attacks".
He wished that all should work together sincerely so that under any pretext, the ugly face of terrorists and radicals do not get heyday as they did from 2001 through 2006.
Dr. A. K. Abdul Momen 9/11 Twin Tower devastation
Comment
In 1997 when Dr. Yunus received
license of Grameen Telecom (hereinafter referred to as “GTC”) from the Hon’ble
Prime Minister Sheikh Hasina, he gave commitment that GTC would work only for
the welfare and betterment of the poor people. Unfortunately, after taking the
license, he thought only for his own interest and handed over the lion portion
of shares of Grameen Phone Limited to the foreign company. At present GTC owns
34.20% shares in Grameen Phone Limited against which it receives thousands
crores of dividend in every year. Most of this dividend income of GTC is
illegally syphoned out of the country in the name of the so called social
business of Dr. Yunus. Against the illegal activities of Dr. Yunus and his
company, GTC, two types of legal action can be taken, (1) Initiating criminal
proceedings against Dr. Yunus and his board members in accordance with
applicable laws of the country, and (2) Winding up the GTC through court and
taking over the properties of the GTC and handing over to any similar company
under the management of the Government as per the provisions of Companies Act,
1994.
Bribing the Court to
Get Favourable Verdict: Dr. Yunus Got Favourable Verdict from the Labour Court
Bribing the Presiding Judge
The individual employees initiated
proceedings to enforce their lawful claim of participation in the 5% of net
profit of the GTC by filing as many as 107 BLA (IR) Cases before the 3rd Labor
Court, Dhaka in the year 2017. GTC filed about a hundred Writ Petitions
challenging the interim orders of the Labour Court, passed in those IR Cases.
Pending hearing of those Writ Petitions, the GTC terminated
all the 99 employees who were in service at that relevant time by a single
notice dated 25.10.2020. Challenging such illegal termination separate
applications were filed by the individual employees praying for their
reinstatement in their former posts with all back wages in the pending
Writ Petitions which was ultimately allowed and the honorable High Court
Division was pleased to direct the GTC to reinstate them with all back wages.
However, they challenged such order before the Hon’ble Appellate Division (the
highest court of the country), but the Hon’ble Appellate Division was pleased
not to interfere into the order of the High Court Division. Hence GTC
management realized that they would not be able to get their favourable verdict
from any Divisions of the Supreme Court of Bangladesh. As such, they approached
to a lobbyist firm namely “Dhaka Logistics Services & Solution (DLSS)” of
Mr. Rafiqul Islam (Mobile No. +8801729253111) for getting favourable verdict influencing
the concerned courts. GTC appointed the said lobbyist firm through their 104th
Board Meeting held on 14.06.2021 with a post facto effect from 25.05.2021. The
then Managing Director of the GTC Mr. Ashraful Hassan proposed in the said board
meeting inter alia as-
“………বাংলাদেশে
আইনি ভাবে লড়াই করে সব জায়গায় টেকা যায় না । সেক্ষেত্রে আমাদের দুটো জিনিস, একটা হল
IR consultant বলে একটা consultant বাংলাদেশে
কাজ করে। তারা internal relations এর কাজ করে ।
Stakeholders, law, judiciary, সরকারের influencial
people, রাজনীতিবিদ,
এসব মিলে তারা একটা পজিশন পেপার তৈরি করে…… ।
Dr. Yusus, the Chairman of the GTC approved the said proposal with outmost satisfaction. In approving the above proposal Dr. Yusus declared inter alia as-
“এ দুটো প্রস্তাব খুবই ভাল প্রস্তাব, এ দুটি প্রস্তাব আমি স্বেচ্ছায় encourage করছি...এটা আমরা অনুমোদন করলাম। আর দ্বিতীয় বিষয় হলো এ আইটেম নিয়ে যে আলোচনা হলো তা off the record, শুধূ decision গুলা থাকবে। minutes টা খুব সংক্ষেপে হবে।“
Being so appointed, DLSS prepared an assessment report with
their blue print way forward with an estimated cost of 13.80 crores taka for
resolving the issues by way of influencing the courts, other government
officials and high ups in the government for which DLSS was paid in advance an
amount of BDT. 5,00,000.00 as for their fees. The said Assessment report was
sent to the then Managing Director Mr. Ashraful Hassan through email dated
22.06.2021 stating inter alia as-
“… However, please find attached the assessment and way
forward including the tentative cost which can be negotiated upon the actual
involvement of the level of influence and through whom with an objective to
clean the whole issue in favour of GTC.”
In the said Assessment report, DLSS categorically stated
under column “Findings” that GTC bribed Mr. Shahajahan Saju, the Chairman of
1st Labour Court, Dhaka to get verdict in their favour. It has been stated by
the DLSS as their Findings- “GTC dependency on Mr. Shahjahan, the former
Chairman, Labour Court who digested the whole piece of cake alone that GTC paid
time to time.”
By way of influencing the Labour Court through bribing, GTC
got an interim stay order on the functions of the Trade Union of the Grameen
Telecom Employees although there are explicit provisions in the Bangladesh
Labour Act, 2006 that unless and until the registration of a Trade Union is
finally cancelled, its function can no way be stayed. That order of stay was
outright illegal and product of bribe which was ultimately stayed by the
Hon’ble High Court Division and the same was confirmed by the Hon’ble Appellate
Division. Therefore, necessary punitive action can be taken against Dr. Yunus
and his associates following necessary investigation for bribing the court and
approving a proposal of DLSS before the Board of Grameen Telecom to bribe the
judges and public officials as part of an assignment for DLSS on behalf of
Grameen Telecom.
It is to be noted that under Bangladesh laws, bribing any official performing any public responsibility including judicial responsibility as well as appointing any entity (such as lobbyist firm) for influencing any public office (including judiciary) is a punishable offence.
Dr. Yunus Plotted to
Deprive the Employees from Their Legal Entitlements Using 13.80 Crores of Taka
In the said Assessment report, the DLSS proposed a “Top Down
Approach” in which they have basically incorporated a series of illegal
activities and corrupt practices to influence the judiciary along with the
incumbent Labour Minister, Law Minister, important officials of the government
and political leaders of the country. In this regard, the DLSS in their
proposal made a graphical presentation of the stakeholders mapping whereby it
is seen that they have targeted the Hon’ble Ministers of the Ministry of Labour
and Employment, Ministry of Law, Justice and Parliamentary Affairs and Ministry
of Industry, and their respective secretaries and high-ups, political leaders
of the ruling party to influence the judiciary to fulfill their objective of
dismissing the labour court cases and cancellation of the registration of the Trade
Union.
On the basis of such proposal, GTC hired the services of the
DLSS to adopt the so called “Top Down Approach”. The followings were proposed
in said Top Down Approach-
· “We will engage with Minister
personally and through our liaison to brief and condition her Majesty Honorable
Labour Minister.
· Will condition the Labour secretariat.
· Will condition Inspector General of Factories (IGF)
· Will Condition Labour Director
· Will Convince Labour Leaders in one to one session
since they are our committee members in different forum
· Engage Ministry to device an exit package”
Dr. Yunus Committed
Crime of Money Laundering under the Money Laundering Prevention Act, 2012 and Grameen
Telecom (GTC) has been transferring its dividents Grameen Kallyan in violation
of section 28 & 29 of the Companies Act, 1994
Grameen
Telecom (GTC) is a company limited
by guarantee and licensed under section 28 of the Companies Act, 1994. It has
no share capital.
Dr. Yunus took the license of the Company with the objective inter alia to
promote development of tele-communication and ancillary services in the rural
areas for reducing poverty in Bangladesh by extending loans and grants both in
cash and kind to the poor. At the time of taking
license, the members of the GTC declared that sharing of dividends is
prohibited. Section 29 further restricted on
sharing of dividends of a company licensed under section 28. The relevant
provision of section 28 and 29 are as follows:
“28. (1) Where it is proved to the
satisfaction of the Government that an association capable of being formed as a
limited company has been or in about to be formed for promoting commerce, art,
science, religion, charity, or any other useful object, and applies or intends
to apply its profits, if any or other income in promoting its objects and to
prohibit the payment of any dividend to its members the Government may, by
licence with approval of one of its Secretaries, direct that the association be
registered as a company with limited liability, without the addition of the
word “Limited” to its name, and the association may be registered accordingly.”
“29. (1) In the case of company
limited by guarantee and not having a share capital and registered after the
commencement of this Act every provision in the memorandum or articles or in
any resolution of the company purporting to give any person a right to
participate in the divisible profits of the company otherwise than as a member
shall be void.”
GTC earned thousands of crores taka each year as dividend from Grameen Phone Ltd against its 34.20% shares in the capital of Grameen Phone. Out of this dividend, GTC shares 42.65% to Grameen Kallyan on the cause that it took a loan facility of taka 53,25,62,941.00 at the time of acquiring share of Grameen Phone. Against such loan of taka only 53.25 crores, GTC has been sharing hundreds crores of dividend in each year. A statement of dividend sharing since 2003 to 2017 are as follows:
After 2017, the amount of dividend
income from Grameen Phone has been increased substantially, and accordingly,
the amount of dividend transferred to Grameen Kollyan after 2017 has increased. As
such, till 2022 about 5000 (Five Thousand) Crores of taka has been illegally
disbursed to the Grameen Kollayan as dividend against their loan of an amount
of BDT. 53.25 crores only. The audit firm, in writing warned the management of
GTC for such illegal transaction in 2017. The Audit Firm of GTC, categorically
stated in a management letter in 2017 as follows:
“During the year under audit Grameen
Telecom received a dividend of Taka 8,080,912,158 against their holding of 34.20%
in the shares of Grameen Phone Limited. Out of total receipt of dividend of
taka 8,080,912,158, taka 3,446,672,270 was distributed to Grameen Kalyan as
dividend, although Grameen Kalyan does not have any holdings in the shares of
Grameen Phone Limited…. Recommendation: We recommend that these types of
treatments should be discontinued otherwise problem may arise in future.”
The entire approximate amount of BDT. 5000 crores have been transferred to Grameen Kollyan illegally and without any lawful authority. Even after receipt of such humongous amount of dividend, they have no visible undertakings or project for the welfare poor people. Besides Grameen Kollyan, GTC syphoning huge amount of money to the other entities of Dr. Yunus. As for example, GTC donated an amount of BDT. 1413.58 Crores of taka to Grameen Telecom Trust during the period of 31.12.2010 to 22.08.2013. The above mentioned illegally transferred huge amount of Money eventually misappropriated by Dr. Yunus and his board members in the name of social business. The regulatory and government authorities do not have any information about the final destination of the money transferred illegally. An extensive investigation is necessary under Money Laundering Prevention Act, 2012 to find out the final destination of the said illegally transferred money. There is a prima facie case that the entire amount or any part of the same was taking away from country through layering. This is a punishable offence under section 4 of the Money Laundering Prevention Act, 2012.
Dr. Yunus’s Commission
of Crime under section 397 of the Companies Act, 1994
Dr. Yunus’s company GTC submits its
annual returns to the Registrar of Joint Stock
Companies And Firms (RJSC) with false statements that no dividend is distributed although thousands
crores of dividends have been distributed to Grameen Kollyan over the years
which has been explicitly shown in the previous part of this paper. This sort
of false statements in the annual return is a punishable offence under section
397 of the Companies Act, 1994.
Section 397 of the Companies Act, 1994
provides penalty for false statement. It says:
‘Whoever in any return, report, certificate balance-sheet or other
documents, required by or for the purposes of any of the provisions of this
Act, willfully makes a statement false in any material particular, knowing it
to be false, shall be punishable with imprisonment of either description for a
term which may extend to five years, and shall also be liable to fine.’
It is to be noted that if it would have been disclosed that GTC has transferred its dividends to another entity, it would lose its status under section 28 of the Companies Act and their license under section 28 as a non profit company would have been cancelled by the Registrar of Joint Stock Companies And Firms (RJSC).
Dr. Yunus’s Clandestine Style of Evasion of Taxes of Millions of Dollars
Grameen
Telecom in violation of the provisions of section 28 and 29 of the Companies
Act 1994 distributes 42.6% of its Dividend income from Grameen Phone Limited
(GP) to Grameen Kallyan (GK) although GK is not a shareholder of Grameen Phone
Limited. In fact the entire Dividend income has to be booked as the income
of the GTC and accordingly tax has to be paid at the applicable corporate rate
for the relevant income year. But if we study their audited accounts, we will
see they paid almost half of their dividend income from the GP to GK only upon
deduction of advance income tax (AIT) at the rate of 10-20% while the
applicable corporate tax rate was 37.5% to 35%.
The difference of this corporate rate and the dividend tax is surely an evasion of taxes as the GK is not at all entitled to the Dividend income of GP. If we sum up all the evaded taxes since the beginning, the amount of the evaded taxes shall be somewhere close to one thousand crore Taka only in the case of Grameen Telecom.