Candidate cannot complain of alleged violations in selection process after appearing for interview: Bombay High Court - Business Guardian
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Candidate cannot complain of alleged violations in selection process after appearing for interview: Bombay High Court

Most remarkably, the Bench then clearly states in para 25 that, “These two decisions of the Supreme Court unequivocally reveal that a candidate who is declared eligible for the interview, and appears for the interview, cannot complain of the alleged violations in the selection process. Even if it is assumed for the sake of argument that the answer-key was not published before declaration of the final result, it is not such a grave violation which would render the entire selection process illegal. At the most, it can be said to be an irregularity and not an illegality. Therefore, we do not find any substance in this contention of the petitioners”

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In a sensible, strict, simple and straightforward judgment titled Vikram Dhondiram Raskar and Ors. v. State of Maharashtra and Ors. in Civil Writ Petition No. 923 of 2021 that was reserved on July 1 and then finally pronounced on July 22, 2022 minced just no words whatsoever to hold precisely that candidates aggrieved by violations of recruitment guidelines should raise their objections before appearing for the interview. It ought to be noted that a Division Bench of Justice RD Dhanuka and Justice MG Sewlikar minced just no words to make it pretty clear that, “It is well settled that a candidate who is called for the interview and takes part in the interview, cannot turn around and pick holes and contend that the selection process was conducted in violation of the guidelines.” We thus see that the Bombay High Court thus dismissed a writ petition which had challenged the legality of the recruitment process of a co-operative bank and the appointments thereof.

At the outset, this extremely commendable, cogent, composed and convincing judgment authored by Justice MG Sewlikar for a Division Bench of Bombay High Court comprising of Justice RD Dhanuka and himself puts forth in para 2 that, “In this Writ Petition, the petitioners are seeking declaration under Articles 226 and 227 of the Constitution of India that the entire selection process pursuant to the advertisement dated 5th March, 2019 including short-listing of the candidates and their consequential appointments are illegal and bad in law and for setting aside these appointments with further directions to Respondent Nos.1 & 2 to conduct and complete the enquiry under Section 79A of the Maharashtra Co-operative Societies Act, 1960.”

While mentioning about the facts, the Bench then envisages in para 3 that, “The facts in a nutshell can be stated thus:

Respondent No.1 is the State of Maharashtra. Respondent No.2 is the Commissioner for Co-operation & Registrar, Cooperative Societies, Maharashtra State. Respondent No.3 is the District Deputy Registrar, Co-operative Societies (DDR), Sangli, who has the power of superintendence over Respondent No.4 Bank. Respondent No.4 is a Co-operative Bank registered under the provisions of the Maharashtra Co-operative Societies Act, 1960.”

To put things in perspective, the Bench then discloses in para 4 that, “The allegations made by the petitioners are that on 5th March, 2019, an advertisement for recruitment of 400 posts of Junior Clerk was published in “Daily Sakal”. The conducting of the examination and selection of candidates was outsourced to respondent No.5 Maharashtra Institute of Hardware & Software Technology Private Limited, Amravati (MIHST Pvt. Ltd.). The petitioners also applied for the post of Junior Clerk. Accordingly examination was conducted by MIHST Pvt. Ltd. on 14th September, 2019 and 15th September, 2019. The said examination was conducted on line in two parts. First part of the examination was held on 14th September, 2019 and second part was held on 15th September, 2019. 5609 candidates had appeared for the said online examination. On 26th October, 2019, MIHST Pvt. Ltd. declared the result of the said on-line examination.”

As it turned out, the Bench then states in para 5 that, “According to the petitioners, 1251 candidates were declared qualified for the interview. The interview was conducted between 30th October, 2019 and 11th November, 2019 in the office of respondent No.4 Bank. Final result was declared on 18th November, 2019. According to the petitioners, there were several illegalities in the conduct of examination and interview. Therefore, the petitioners raised their grievance before the District Collector, Sangli. It was their primary contention that the recruitment process was carried out in violation of the guidelines issued by respondent No.1. For enquiring into the allegations made by the petitioners, the DDR (respondent No.3) was appointed as an enquiry officer. The DDR submitted his report to the District Collector, Sangli on 31st December, 2019. According to the DDR the recruitment process was conducted in accordance with the guidelines. The petitioners have, therefore, filed this Writ Petition seeking redressal of their grievances.”

As we see, the Bench then reveals in para 6 that, “Respondent No.5 MIHST Pvt. Ltd. filed its reply on 23rd March, 2022. Respondent No.5 admitted that the job of conducting examination was outsourced to it by respondent No.4 Bank. It has contended that examination was conducted on 14th September, 2019 and 15th September, 2019 in accordance with the existing guidelines. It has, therefore, prayed for the dismissal of the Petition.”

To be sure, the Bench then aptly states in para 7 that, “The petitioners filed a rejoinder on 29th March, 2022. It is contended that the candidate, namely, Dipali Jagannathrao Mane (Roll No.501577) was declared ineligible as she had secured 75 marks. However, she was called for the interview and was not only selected for the post of Junior Assistant but also was confirmed. This sole instance itself is indicative of the fact that the selection process smacks of malafide.”

Needless to say, the Bench then notes in para 16 that, “The first and foremost issue that needs consideration is the maintainability of the Petition. Learned Counsel Shri.Ugle for the petitioners submitted that respondent No.4 is an instrumentality of the State Government as the State Government has financial and administrative control over the affairs of respondent No.4 Bank.”

Simply put, the Bench then observes in para 20 that, “Shri Ugle learned Counsel for the petitioners could not point out any provision indicating that though respondent No.4 is a private institution, respondent No.4 is an instrumentality of the Government and the Government exercises control over it. None of the parameters enumerated by the Supreme Court in the above judgments get attracted so as to make respondent No.4 an instrumentality of the State. Therefore, Respondent No.4 cannot be considered as an instrumentality of the State, by virtue of which writ cannot be issued against respondent No.4.”

Quite rightly, the Bench mentions in para 21 that, “Even if it is assumed for the sake of argument that respondent No.4 is the State within the meaning of Article 12 of the Constitution, still the petitioners cannot succeed.”

Most notably, the Division Bench then very rightly articulates in para 22 holding that, “It is not in dispute that the petitioners had participated in the interview. They preferred this Writ Petition and raised objections about violations of the guidelines only after they were not selected for the post of Junior Clerk. It is well settled that a candidate who is called for the interview and takes part in the interview, cannot turn around and pick holes and contend that the selection process was conducted in violation of the guidelines. If the petitioners were aggrieved because of the violations of the guidelines, they ought to have raised their grievance before appearing for the interview. They did not do so. They appeared for the interview and only after they were not selected, they preferred this Writ Petition.”

Be it noted, the Bench then points out in para 23 that, “Learned counsel Shir Mankapure relied on the case of Madan Lal and others Vs. State of J & K and others (1995) 3 SCC 486. In the case of Madan Lal (supra), the facts were almost identical. The candidates in that case were declared to be eligible for oral interview. After getting rejected in that interview, they challenged the selection process. The Supreme Court held thus :

“9. Before dealing with this contention, we must keep in view the salient fact that the petitioners as well as the contesting successful candidates being respondents concerned herein, were all found eligible in the light of marks obtained in the written test, to be eligible to be called for oral interview. Up to this stage there is no dispute between the parties. The petitioners also appeared at the oral interview conducted by the Members concerned of the Commission who interviewed the petitioners as well as the contesting respondents concerned. Thus the petitioners took a chance to get themselves selected at the said oral interview. Only because they did not find themselves to have emerged successful as a result of their combined performance both at written test and oral interview, they have filed this petition. It is now well settled that if a candidate takes a calculated chance and appears at the interview then, only because the result of the interview is not palatable to him, he cannot turn round and subsequently contend that the process of interview was unfair or the Selection Committee was not properly constituted. In the case of Om Prakash Shukla v. Akhilesh Kumar Shukla : 1986 Supp SCC 285, it has been clearly laid down by a Bench of three learned Judges of this Court that when the petitioner appeared at the examination without protest and when he found that he would not succeed in examination he filed a petition challenging the said examination, the High Court should not have granted any relief to such a petitioner.””

While continuing in a similar vein, the Division Bench then states in para 24 that, “Similar observations are found in the case of Ramesh Chandra Shah and others Vs. Anil Joshi and others (2013) 11 SCC 309. The Supreme Court held thus :

“17. Those who were desirous of competing for the post of Physiotherapist, which is a Group ‘C’ post in the State of Uttarakhand must have, after reading the advertisement, become aware of the fact that by virtue of the Office Memorandum dated 3.8.2010, the Board has been designated as the recruiting agency and the selection will be made in accordance with the provisions of the General Rules. They appeared in the written test knowing that they will have to pass the examination enumerated in Para 11 of the advertisement. If they had cleared the test, the private Respondents would not have raised any objection to the selection procedure or the methodology adopted by the Board. They made a grievance only after they found that their names do not figure in the list of successful candidates. In other words, they took a chance to be selected in the test conducted by the Board on the basis of the advertisement issued in November 2011. This conduct of the private respondents clearly disentitles them from seeking relief under Article 226 of the Constitution. To put it differently, by having appeared in the written test and taken a chance to be declared successful, the private respondents will be deemed to have waived their right to challenge the advertisement and the procedure of selection.

18. It is settled law that a person who consciously takes part in the process of selection cannot, thereafter, turn around and question the method of selection and its outcome.””

Most remarkably, the Bench then clearly states in para 25 that, “These two decisions of the Supreme Court unequivocally reveal that a candidate who is declared eligible for the interview, and appears for the interview, cannot complain of the alleged violations in the selection process. Even if it is assumed for the sake of argument that the answer-key was not published before declaration of the final result, it is not such a grave violation which would render the entire selection process illegal. At the most, it can be said to be an irregularity and not an illegality. Therefore, we do not find any substance in this contention of the petitioners.”

Most pragmatically, the Bench then mandates in para 26 that, “We are not inclined to exercise writ jurisdiction in this matter for one more reason. Parties are at dispute whether answer key was published before the interview or after the holding of the interview. They are also at dispute whether merit list/waiting list was published before the interview. These are questions of fact which cannot be gone into in the petition under Article 226 of the Constitution of India.”

It is worth noting that the Division Bench then most forthrightly holds in para 27 that, “Another limb of argument of learned counsel for the petitioners was that Dipali Jagannathrao Mane was declared unsuccessful in the written test, but, she was still called for the interview, appointed and was confirmed too. It is pertinent to note that the petitioners had appeared for the post of “Junior Clerk” and said Dipali Jagannathrao Mane had appeared for the post of “Junior Assistant”. The petitioners have no locus to challenge the selection process of the post for which they had not applied and, therefore, this argument deserves outright rejection.”

Finally, the Bench then concludes by holding in para 28 that, “For the reasons discussed hereinabove, writ cannot be issued against respondent No.4. The Petition is, therefore, devoid of any substance. We, therefore, dismiss the Writ Petition with costs of Rs.10,000/-. Costs shall be deposited with the Legal Services Authority of this Court. Rule stands discharged.”

All discussed, we thus see that the Bombay High Court in this learned judgment has made it manifestly clear that the candidate cannot complain of alleged violations in the selection process after appearing for interview. In other words, the Court has vindicated the age old famous dictum that, “You cannot have the cake and eat it too.” Very rightly so!

The petitioners also appeared at the oral interview conducted by the Members concerned of the Commission who interviewed the petitioners as well as the contesting respondents concerned. Thus the petitioners took a chance to get themselves selected at the said oral interview. Only because they did not find themselves to have emerged successful as a result of their combined performance both at written test and oral interview, they have filed this petition. It is now well settled that if a candidate takes a calculated chance and appears at the interview then, only because the result of the interview is not palatable to him, he cannot turn round and subsequently contend that the process of interview was unfair or the Selection Committee was not properly constituted. In the case of Om Prakash Shukla v. Akhilesh Kumar Shukla : 1986 Supp SCC 285, it has been clearly laid down by a Bench of three learned Judges of this Court that when the petitioner appeared at the examination without protest and when he found that he would not succeed in examination he filed a petition challenging the said examination, the High Court should not have granted any relief to such a petitioner.

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Policy&Politics

Kejriwal unveils ‘Guarantee’ for LS Polls: AAP’s pledge for change

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On “Kejriwal ki Guarantee”, he said 24X7 power supply, good education and health facilities, and arranging two crore jobs for youths every year are part of it.

Delhi Chief Minister and AAP national convener Arvind Kejriwal declared “Kejriwal ki Guarantee” on Sunday, outlining 10 urgent initiatives to be pursued swiftly, including the liberation of Indian territory from Chinese control, should the INDIA bloc come to power at the Centre. This opposition alliance, comprising parties like AAP, Congress, Trinamool Congress, and Dravida Munnetra Kazhagam, was established to challenge the BJP-led National Democratic Alliance in the Lok Sabha elections.

A day after his release from jail on interim bail, Kejriwal on Saturday said the INDIA bloc will form the next government and his AAP will be part of it. Addressing a press conference on Sunday, the AAP leader said people will have to choose between “Modi ki Guarantee” and “Kejriwal ki guarantee”. The latter is a “brand”, Kejriwal said.

On the announcement of his guarantees, Kejriwal said, “I have not discussed with my INDIA bloc partners about this. I will press upon my INDIA bloc partners to fulfill these guarantees.”

Kejriwal said while the AAP has fulfilled its “guarantees” of free power, good schools, and Mohalla Clinics in Delhi, “(Prime Minister Narendra) Modi has not fulfilled his guarantees”.

On “Kejriwal ki Guarantee”, he said 24X7 power supply, good education and health facilities, and arranging two crore jobs for youths every year are part of it.

“We worked on management to ensure 24×7 power supply in Punjab and Delhi. We can do it in the entire country. The government schools in the country are in a bad shape. We will arrange good quality education across the country. We know how to do it,” he said.

Kejriwal also promised to end the Agniveer scheme and ensure that farmers get MSP for their crops as per the Swaminathan Commission’s report. “Rashtra Sarvopari is our guarantee. China has occupied our land and we will free it from their occupation,” he said. Kejriwal also promised to provide full statehood to Delhi.

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Macro & financial stability, boost to infra, extended PLI likely key areas in Modi 3.0

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If one were to go by the Central Government’s poll manifesto which has stayed aligned to the pre-poll interim Budget, a strong adherence to the path of macro and financial stability as priorities, marked by low inflation, strong external balances, high growth, and fiscal prudence, appears to be the likely scenario if it comes back to power. A DBS Group research by Radhika Rao, senior economist, DBS Group Research and Taimur Baig, MD and Chief Economist, DBS Group Research indicates that the government will continue with the infrastructure push, policies to expand the manufacturing sector, and establish the country’s position as a voice of the Global South.

On the first, the focus will be on improving physical and digital infrastructure, marked by new metro networks, new railway tracks, new-age trains, improved connectivity, new bullet trains, roads, and energy infrastructure. Concurrently, besides expanding the 5G network, improving rural broadband connectivity, exploring 6G technology and the digitization of land records, amongst others, were highlighted in the to-do lists, as per Rao and Baig.

Secondly, Make-in-India and PLI schemes are likely to be expanded, with an emphasis on employment creation, simplification of regulatory processes, appropriate infra for manufacturing hubs, and R&D. A mix of traditional and new-age sectors will likely be prioritized, including a globally competitive food-processing industry, and core sectors (steel, cement, metals, engineering etc), besides a push towards indigenous defense manufacturing, pharma, new age & chip manufacturing, auto and electric vehicles, amongst others.

Existing social welfare programs are likely to be enhanced with better outreach, including, a middle-class focus through the provision of high-value jobs, quality healthcare and infra to improve ease of living, amongst others. Also on the radar is affordable housing program expansion with a focus on slum redevelopment, sustainable cities, etc. The PM Garib Kalyan Anna Yojana is to be a priority, which will continue to provide free foodgrain ration to about 800 mn residents. On healthcare, Rao and Baig see continuity to provide quality free health treatment to up to 500,000 poor families under Ayushman Bharat.

The economists are also of the view that the PM Ujjwala Yojana, which has already benefited 100 mn with cooking gas connections, will be expanded. Subsidies for solar panels on roofs of 10 mn households up to 300 units/month under the PM Surya Ghar Muft Bijli Yojana, unorganized workers, farmers and continuation of financial assistance to farmers under PM Kisan, farm self-sufficiency, etc.), start-ups and micro-credit enterprises, will be the other focus areas to boost the economy from a bottom-up approach.

Rao and Baig foresee limited fiscal implications from these announcements as part of these were included in the interim budget and the manifesto did not outline any new big-bang reforms or fresh social welfare spending programs. “We maintain our FY25 fiscal deficit assumption at -5.1% of GDP with the existing borrowing program,” says the economists.

A broad-based push towards more contentious structural reforms (land, labor, farming, etc.) did not receive a mention in the manifesto, which may still be prioritized if the party returns for a third term. In our view, the incoming government is neither limited by nor will be restricted by the poll promises. To that extent, the scope of reforms can be wider than what has been laid out in the respective manifestos.

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Govt extends date for submission of R&D proposals

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The Government has extended the deadline for submission of proposals related to R&D scheme under the National Green Hydrogen Mission. The R&D scheme seeks to make the production, storage, transportation and utilisation of green hydrogen more affordable. It also aims to improve the efficiency, safety and reliability of the relevant processes and technologies involved in the green hydrogen value chain. Subsequent to the issue of the guidelines, the Ministry of New & Renewable Energy issued a call for proposals on 16 March, 2024.

While the Call for Proposals is receiving encouraging response, some stakeholders have requested more time for submission of R&D proposals. In view of such requests and to allow sufficient time to the institutions for submitting good-quality proposals, the Ministry has extended the deadline for submission of proposals to 27th April, 2024.

The scheme also aims to foster partnerships among industry, academia and government in order to establish an innovation ecosystem for green hydrogen technologies. The scheme will also help the scaling up and commercialisation of green hydrogen technologies by providing the necessary policy and regulatory support.

The R&D scheme will be implemented with a total budgetary outlay of Rs 400 crore till the financial year 2025-26. The support under the R&D programme includes all components of the green hydrogen value chain, namely, production, storage, compression, transportation, and utilisation.

The R&D projects supported under the mission will be goal-oriented, time bound, and suitable to be scaled up. In addition to industrial and institutional research, innovative MSMEs and start-ups working on indigenous technology development will also be encouraged under the Scheme.

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Policy&Politics

India, Brazil, South Africa to press for labour & social issues, sustainability

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The Indian delegation also comprises Rupesh Kumar Thakur, Joint Secretary, and Rakesh Gaur, Deputy Director from the Ministry of Labour & Employment.

India, on Thursday, joined the G20’s two-day 2nd Employment Working Group (EWG) meeting under the Brazilian Presidency which is all set to address labour, employment and social issues for strong, sustainable, balanced and job-rich growth for all. India is co-chairing the 2nd EWG meeting, along with Brazil and South Africa, and is represented by Sumita Dawra, Secretary, Labour & Employment.

The Indian delegation also comprises Rupesh Kumar Thakur, Joint Secretary, and Rakesh Gaur, Deputy Director from the Ministry of Labour & Employment. India has pointed out that the priority areas of the 2nd EWG at Brasilia align with the priority areas and outcomes of previous G20 presidencies including Indian presidency, and commended the continuity in the multi-year agenda to create lasting positive change in the world of work. This not only sustains but also elevates the work initiated by the EWG during the Indian Presidency.

The focus areas for the 2nd EWG meeting are — creating quality employment and promoting decent labour, addressing a just transition amidst digital and energy transformations, leveraging technologies to enhance the quality of life for al and the emphasis on gender equity and promoting diversity in the world of employment for inclusivity, driving innovation and growth. On the first day of the meeting, deliberations were held on the over-arching theme of promotion of gender equality and promoting diversity in the workplace.

The Indian delegation emphasized the need for creating inclusive environments by ensuring equal representation and empowerment for all, irrespective of race, gender, ethnicity, or socio-economic background. To increase female labour force participation, India has enacted occupational safety health and working conditions code, 2020 which entitles women to be employed in all establishments for all types of work with their consent at night time. This provision has already been implemented in underground mines.

In 2017, the Government amended the Maternity Benefit Act of 1961, which increased the ‘maternity leave with pay protection’ from 12 weeks to 26 weeks for all women working in establishments employing 10 or more workers. This is expected to reduce the motherhood pay gap among the working mothers. To aid migrant workers, India’s innovative policy ‘One Nation, One Ration Card’ allows migrants to access their entitled food grains from anywhere in the Public Distribution System network in the country.

A landmark step in fostering inclusion in the workforce is the e-Shram portal, launched to create a national database of unorganized workers, especially migrant and construction workers. This initiative, providing the e-Shram card, enables access to benefits under various social security schemes.

The portal allows an unorganized worker to register himself or herself on the portal on self-declaration basis, under 400 occupations in 30 broad occupation sectors. More than 290 million unorganized workers have been registered on this portal so far.

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Policy&Politics

India to spend USD 3.7 billion to fence Myanmar border

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India plans to spend nearly $3.7 billion to fence its 1,610-km (1,000-mile) porous border with Myanmar within about a decade, said a source with direct knowledge of the matter, to prevent smuggling and other illegal activities. New Delhi said earlier this year it would fence the border and end a decades-old visa-free movement policy with coup-hit Myanmar for border citizens for reasons of national security and to maintain the demographic structure of its northeastern region.

A government committee earlier this month approved the cost for the fencing, which needs to be approved by Prime Minister Narendra Modi’s cabinet, said the source who declined to be named as they were not authorised to talk to the media. The prime minister’s office and the ministries of home, finance, foreign affairs and information and broadcasting did not immediately respond to an email seeking comment.

Myanmar has so far not commented on India’s fencing plans. Since a military coup in Myanmar in 2021, thousands of civilians and hundreds of troops have fled from there to Indian states where people on both sides share ethnic and familial ties. This has worried New Delhi because of risk of communal tensions spreading to India. Some members of the Indian government have also blamed the porous border for abetting the tense situation in the restive north-eastern Indian state of Manipur, abutting Myanmar.

For nearly a year, Manipur has been engulfed by a civil war-like situation between two ethnic groups, one of which shares lineage with Myanmar’s Chin tribe. The committee of senior Indian officials also agreed to build parallel roads along the fence and 1,700 km (1,050 miles) of feeder roads connecting military bases to the border, the source said.

The fence and the adjoining road will cost nearly 125 million rupees per km, more than double that of the 55 million per km cost for the border fence with Bangladesh built in 2020, the source said, because of the difficult hilly terrain and the use of technology to prevent intrusion and corrosion.

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Policy&Politics

ONLY 2-3% RECOVERED FROM $2-3 TN ANNUAL ILLEGAL TRADE THROUGH BANKING: INTERPOL

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However, Stock highlighted the enormity of the challenge, noting that between 40% and 70% of criminal profits are reinvested, perpetuating the cycle of illicit financial activity.

In a press briefing held on Wednesday, Interpol Secretary General Jurgen Stock unveiled alarming statistics regarding the extent of undetected money laundering and illegal trade transactions plaguing the global banking network. Stock revealed that over 96% of the money transacted through this network remains undetected, with only 2-3% of the estimated USD 2-3 trillion from illegal trade being tracked and returned to victims.

Interpol, working in conjunction with law enforcement agencies and private financial sectors across its 196 member countries, is committed to combating the rising tide of fraud perpetrated by illicit traders. These criminal activities encompass a wide spectrum, including drug trafficking, human trafficking, arms dealing, and the illicit movement of financial assets.

Stock emphasized the urgent need to establish mechanisms for monitoring transactions within the global banking network. Currently, efforts are underway to engage banking associations worldwide in setting up such a framework. However, Stock highlighted the enormity of the challenge, noting that between 40% and 70% of criminal profits are reinvested, perpetuating the cycle of illicit financial activity. The lack of real-time information sharing poses a significant obstacle to law enforcement agencies in their efforts to combat money laundering and illegal trade.

Stock underscored the role of Artificial Intelligence (AI) in exacerbating this problem, citing its use in voice cloning and other fraudulent activities. Criminal organizations are leveraging AI technologies to expand their operations and evade detection on a global scale. Stock emphasized the importance of enhanced cooperation between law enforcement agencies and private sector banking groups. Realtime information sharing is crucial in the fight against illegal wealth accumulation.

Drawing inspiration from initiatives such as the “Singapore Anti-Scam Centre,” Stock called for the adoption of similar models in other countries to strengthen the collective response to financial crimes. In conclusion, Stock’s revelations underscore the pressing need for concerted action to combat global financial crimes. Enhanced cooperation between public and private sectors, coupled with innovative strategies for monitoring and combating illicit transactions, is essential to safeguarding the integrity of the global financial system.

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