2G Supreme Court Refuses Swamy’s Plea on Chidambaram

 

In what can at best be described as funny logic The Supreme Court refused to entertain the plea of Dr.Dr.Subramanian Swamy to include the present and the then Finance Minister P.Chidambaram in the 2G Spectrum case where the Government has been defrauded to the tune of Rs.1,86,000 Crore.

The gist of the developments.

Palaniappan Chidambaram (1)
Palaniappan Chidambaram (1) (Photo credit: Wikipedia)

 

“1) The top court has found the petitions not maintainable and dismissed the requests of petitioners Janata Party chief Subramanian Swamy and lawyer-activist Prashant Bhushan that Mr Chidambaram be investigated for his alleged role in the telecom scam. Mr Chidambaram was Finance Minister in 2008, when then Telecom Minister A Raja allegedly gifted mobile network licenses and frequency to ineligible companies.
2) Mr Swamy’s petition said that Mr Chidambaram must be made a co-accused in the 2G scam case. His contention was that the minister must be held responsible for allowing the telecom scam on his watch as Finance Minister.

3) Mr Swamy said that Mr Chidambaram was aware of Mr Raja’s actions. On matters like the pricing of spectrum, he should have intervened to protect the country’s interests, Mr Swamy has argued.

4) A special CBI court had rejected Mr Swamy’s request in February this year and he had appealed to the Supreme Court against that verdict.

5) The other petition had been filed by leading lawyer and anti-corruption activist Prashant Bhushan on behalf of the Centre for Public Interest Litigation, a non-governmental organisation. It sought a CBI investigation into Mr Chidambaram’s alleged role in the 2G scam.

6) Mr Bhushan’s petition alleged that Mr Chidambaram as Finance Minister overruled his officers who favoured the auction of spectrum. Mr Bhushan also said that Mr Chidambaram allowed two companies that were allegedly shown undue favour by Mr Raja, to sell stake to foreign investors at massive profits on the basis of licences that they had got at hefty bargains. The companies – Swan and Unitech Wireless – have said no rules were violated because they did not sell their stake but created additional equity. Swan partnered with UAE-based Etisalat and Unitech with Norwegian company Telenor. The government has said that both companies operated within the parameters of the law in those partnerships.

7) Early this year, the Supreme Court cancelled 122 licences issued by Mr Raja and said that spectrum should have been auctioned instead of being given at no extra cost along with licences. 2G or second generation spectrum will now be auctioned this year on the court’s orders. A Raja spent about a year in jail before being granted bail. ”

http://www.ndtv.com/article/india/2g-scam-supreme-court-dismisses-petitions-seeking-cbi-probe-against-chidambaram-258533

The Supreme Court seems to have stated in its Judgement(as reported by Times Now TV to-day), is that the mere fact that there might be some evidence here and there, it is not sufficient, to implicate Chidambaram in the 2G case.

 

It may be a fact that Chidambaram might have met the DoT officials.

 

It does not amount to Criminal Conspiracy.

The repeated use of the term,’Criminal Conspiracy’- does it mean that there is conspiracy, though not Conspiratorial in nature?Yes, when a meeting involves a scam, the Finance Minister discussed among other things the 2 G in the passing, thereby Chidambaram , the astute Lawyer that he is has provided himself with an excellent alibi.

I wrote on July 12, 2011 that

The Finance ministry was aware that there was something amiss in granting of licenses of 2G.

This is proved by the fact that the MoF had written to telecom ministry.

This was not followed up.

When suitable reply has not been received from the Ministry,Chidambaram should have taken it up with the GoM or the PM.

Now we find that there are ‘Non paper Decisions’(new term for unlawful decisions), and that there were no records kept for the meeting of Raja and Chidambaram.

All tis point out to acquiescence if not active participation of Chidambaram.

As I have noted in my earlier blog,is this a quid pro quo for manipulation of  last Parliament elections, about which a case is pending.

2G scam runs deep.

It appears to lead towards PMO as well as Sonia Gandhi.

Despite clear indications the media is shy of mentioning either name .

Worse still PM is considered Honest and even called as ‘hands on PM’!

http://ramanisblog.in/category/radia-tapes-2/

 

The Honorable judges must be aware of these facts and there were leaks in the Media on the ‘Paperless Discussions’ among Raja,Chidambaram.9 the leaks were from the PMO )

 

Probably they discussed what they would have for Lunch.

 

Now the Government has shredded the entire Tapes of Radia.

 

It is much easier for the Supreme Court to declare there is no evidence of 2 G linking to politicians and the Corporates.

 

Raja will be laughing heartily, as this opens new doors for him.

 

Viva la Justice!

“the trail of those who leaked the Niira Radia tapes could have been lost forever had not the Supreme Court decided to keep a copy with itself. The Centre on Thursday informed the Supreme Court that it has destroyed the entire Radia tapes, publication of excerpts from which threw the spotlight on ways of doing business as well as the tendency of security agencies to violate privacy of citizens.

The government said under Rule 419(A) of Indian Telegraph Rules, the intercepting agency was mandated to maintain and safely keep the intercepts for six months and thereafter destroy them if no action was required to be taken on the basis of the contents of the intercepts. The Radia intercepts were destroyed as no action was required to be taken on the tapes.

http://timesofindia.indiatimes.com/india/Government-shreds-entire-Radia-tapes-tells-Supreme-Court-its-difficult-to-find-who-leaked-excerpts-to-media/articleshow/15625554.cms

Please refer for the Tapes under’ Radia Tapes and details of the scam filed under ‘Corruption,India’,

Related.

http://ramanisblog.in/2010/12/25/2g-spectrum-scam-full-storyorigingrowth-and-modus-operandi/

 

Comments

3 responses to “2G Supreme Court Refuses Swamy’s Plea on Chidambaram”

  1. Yogesh Pai Avatar
    Yogesh Pai

    Section 13 of the PCPA, 1988 reads:
    13. Criminal misconduct by a public servant
    (1) A public servant is said to commit the offence of criminal misconduct,-
    (d) if he,-
    (iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest;

    If Raja has been charged for causing loss to the exchequer in return for financial gain, Chidambram had decided it together with Raja (trial court has agreed) on the policy that caused loss to the exchequer and pecuniary gain to Raja. Section 13 (1) (d) (iii) does not require any criminal intent/conspiracy or any personal pecuniary gain. Any gain received by other is covered within the section. Thus Chidambaram is jointly liable for the 2G allotment decision with Raja, which caused loss to the exchequer and in which Raja had a pecuniary interest. It’s an open and shut case. The SC has unfortunately decided it otherwise.

    1. ramanan50 Avatar

      Thank you for the relevant Clause.

      As to why the Court has decided otherwise -Chidambara Rahasyam'( Secret of Lord Nataraja(also known as Chidambaram).

  2. Natarajan Avatar
    Natarajan

    Sir
    Chidambaram is definitely invloved. Our country’s executive is corrupt, Legislature is full of goons and rowdies, the judiciary is also corrupt. With the three pillars of democracy shaking, we prove onoly one point of Sir Winston Churchill. ‘The land will be ruled by rascals…’. How else can we justify MK, Jaya, Mayawati, Yediurappa,Paswan, Gowda, Kohda, Sonia, Manmohan, Chidambaram, Raja. My God…There is no light at the end of the tunnel….

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