2G Scam

[sarang]

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We need a subramanya sharma or trivedi from vraja bhoomi to pursue the north indian culprits relentlessly through the courts.

Swamy has said several times, that he has open enemies and secret friends (who have given him the documents). Are there any dharmic north indian bureaucrats who are ready to share or squeal on the north indian politicians?

For the first time in yesterday's tv interview in times now, the channel carried swamy's statements on sonia's corrupt financial gains, without editing his talk. Let us hope more channels give some space for exposing gandhi family's deep involvement in corruption and anti national activities.

The 122 licences cancelled carry less than 6% subscribers. And 30% of subscribers are bogus. They were like real estate barons -buy land at throwaway prices by corrupt means and wait for the land prices to rise. The indian licence holders in the scam and their foreign partners deserve punishment and not sympathy.

We blame everyone when our country's rank in corruption index or transparency index is abominable low, but take a different view supporting corruption when large scale corruption is punished.

In yesterday's interview, swamy said this also: Karunanidi said that I am after raja because he is dalit and i am a brahmin.

Dear Sudararajan,

BIG NO !!!. Dharma has long left this country !!.

Anti corruption is only for south indians - Shashi Tharoor, Kalmadi (Kannadiga), Yeddyurappa, Raja, Kanimozhi, Maran, Chidambaram, Gali/Reddy Brothers, Jagan Reddy, Naidu, SM Krishna, Kumaraswamy etc..

Everyone knows the entire country is corrupt. so why there is NOT a single north politician in this list ? come on - Lalu, maya, rabri, shabri, mulayam, amar singh, salman kursheed, Shiela dikshit etc... are bigger crooks & criminals !!

How come Raja, Kanimozhi, Maran, Chidambaram are responsible but not great saint MMS ??. In any company, institution, country, the first to go is the head, CEO, PM, President !!!!

Sheila Dikshit has been indicted by 3 independant commission for 69000 Crores & there is NO investigation on her, not even a whisper in the media ? but Kalmadi is a big scamster for the 1500 Crores spent through CWG office!! & 24x7 negative coverage against all these people.

Clearly this is a North vendetta (Congress/BJP/Media) against south indians.

Kanimozhi was denied bail for 6 months, 5 appeals to the courts & inumerable petitions to CBI ?. why ? Because the courts/judges operate under Congress control, & they wanted to teach DMK/Karunanidhi a lesson. Kani bail denial is a human right violation, what happened to "Innocent till proven guilty". Now they are targetting Jagan Reddy becos he spoke against the Congress High Command.

Under Maran/A Raja, there was a telcom revolution, we have over 400+ million people with cell phones. This foolish court has set the ball back by cancelling the licenses & cell phone chargers will sky rocket. with this, the telcom sector will collapse !. why should the telcom companies & consumers suffer for this ?

so much for Dharma !!

Cheers,
JK

 

[sarang]

3G auction fetched market rates; call charges have not increased because of the auction rates.

Spectrum is only one element of the cost. Telcos are vying with each other offering better cost effective schemes. Initially all companies opposed number portability because of the fear customers may switch to other service providers. This has not happened. Even BSNL, a government undertaking, retained its customer base, despite its limited freedom and flexibility compared to private operators.

The foreign partners bought stakes knowing fully well the route taken to get licences and are partners in crime. Will telenor invest in a company which has no base in communication, has no telephone customer in any other country? They were sure that raja, chidambaram, mm singh and sonia will ensure that their misdeed is converted into good deed.

Folks,

A simple clarifying question.

Is there 3G in operation in India? How was that licensing process handled?

If it exists, then what is the price differential for the consumer between 2G and 3G?

Regards,
KRS

 

[sarang]

What is first come first served policy of raja?

Excerpts from arun shourie's interview - walk the talk, nov 23, 2010

Was he following in your footsteps or not? And what were your footsteps?

I will give you one instance. He says I followed the first-come-firstserved procedure and he did the same thing and the media is saying the same thing. The fact of the matter is that he did not follow the first-come-first-served method. All this controversy relates to Sep tember-October 2007. In August 2007, there were 167 applications lying in the telecom department and he was not allowing them to be processed, saying the spectrum is short. And then suddenly, he contacts the real estate companies that he was dealing with while he was in the environment ministry (he was environment minister in UPA-I) and tells them, `We are opening shop here. You come and take licences.' They apply. Suddenly he now has spectrum. He announces he will give licence on first-come-first-served basis by the date and time of application re ceived--by October 1, 2007. Ap plications come. Suddenly he says no. I will have the cut-off date not on October 1 but September 25. So everybody who applies in be tween is cut out, without any reason, without any scrutiny. This is what (D S) Mathur, the secretary, objected to. Then he suddenly changed the basis of first-come first-served. First it was time and date of application. Then he says the time and date at which the conditions specified in the letter of intent will be fulfilled. This is changed, and one of the conditions is, as the CAG says, in 41 minutes, bring banker's drafts. It's a press note issued at 2.45 p.m. that by 3.30 p.m., bring a banker's draft of Rs 1,650 crore.

I must say Indian banking system has become very efficient! Electronic. Not only that. It so happens that some firms already have the banker's drafts precisely for that time and it is dated well before the change of conditions that was announced. And the representatives of two of the firms are sitting in the office of Raja's personal assistant. They are not at the central registry where these are to be given. So, suddenly these licences are given. Even this change is not notified till January 2008. All this is happening in October. Then there are conditions which are laid down. Now the CAG has found that of the 122 licences that were given, in the case of 85 licences, those companies did not fulfill the conditions that had been laid down--that is first come, first served. Not only that, it then happened that (Raja) still did not get the type of spectrum allocated to Swan, which he wanted to do, which is one of the favoured companies. So he changes the priority list into lucrative circles--Punjab and Maharashtra--that is first come, first served. One change after the other so as to steer the licences entirely to the companies he was favouring.

Do you get a sense that the CBI knows exactly what has happened?

 

[Jaykay767]

We need a subramanya sharma or trivedi from vraja bhoomi to pursue the north indian culprits relentlessly through the courts.

Swamy has said several times, that he has open enemies and secret friends (who have given him the documents). Are there any dharmic north indian bureaucrats who are ready to share or squeal on the north indian politicians?

For the first time in yesterday's tv interview in times now, the channel carried swamy's statements on sonia's corrupt financial gains, without editing his talk. Let us hope more channels give some space for exposing gandhi family's deep involvement in corruption and anti national activities.

The 122 licences cancelled carry less than 6% subscribers. And 30% of subscribers are bogus. They were like real estate barons -buy land at throwaway prices by corrupt means and wait for the land prices to rise. The indian licence holders in the scam and their foreign partners deserve punishment and not sympathy.

We blame everyone when our country's rank in corruption index or transparency index is abominable low, but take a different view supporting corruption when large scale corruption is punished.

In yesterday's interview, swamy said this also: Karunanidi said that I am after raja because he is dalit and i am a brahmin.

This will NEVER happen, NO North indian will give his folks away !!.

There simply cannot be such injustice, thats why "Just Rule" is the foundation of a country. only after that economics, rich/poor issues come up.

This is clearly a North Vendetta Politcis against south !!. If it was only DMK/2G, one can understand, but all the politicians targetted are south indians !!.

simply unacceptable !

Cheers,
JK

 

[Jaykay767]

3G auction fetched market rates; call charges have not increased because of the auction rates.

Spectrum is only one element of the cost. Telcos are vying with each other offering better cost effective schemes. Initially all companies opposed number portability because of the fear customers may switch to other service providers. This has not happened. Even BSNL, a government undertaking, retained its customer base, despite its limited freedom and flexibility compared to private operators.

The foreign partners bought stakes knowing fully well the route taken to get licences and are partners in crime. Will telenor invest in a company which has no base in communication, has no telephone customer in any other country? They were sure that raja, chidambaram, mm singh and sonia will ensure that their misdeed is converted into good deed.

The call charges have not changed becos we are in 2G in India. ask the operators, they will tell you to subscribe to 3g by paying additional fees.

3G NEVER took off becos of the great auction !!

while we need to deal with corruption, (& it cannot be selective), we need to be smart on what is better economically for us !!

 

[Iyyarooraan]

To # 4: Praful Patel represents Maharashtra but is basically a Gujarati and action against him would antoganize Modiji. Moreover, he is supposed to be the RH of Maharashtra strong man, Mr Pawar who is giving migraine to Sonia Gandhi. Air India has been ailing and Mr Patel was suggesting euthanasia for it. The other airliner, KF, flourished under him. Now KF would be better choice for euthanasia. The turn of tables turns events. Whatever the truth is it will be known only to the truth.

 

[Jaykay767]

To # 4: Praful Patel represents Maharashtra but is basically a Gujarati and action against him would antoganize Modiji. Moreover, he is supposed to be the RH of Maharashtra strong man, Mr Pawar who is giving migraine to Sonia Gandhi. Air India has been ailing and Mr Patel was suggesting euthanasia for it. The other airliner, KF, flourished under him. Now KF would be better choice for euthanasia. The turn of tables turns events. Whatever the truth is it will be known only to the truth.

They willl never target praful patel, look at the media that story is already been buried out of sight but they repeatedly raked up the issue when it comes to south indians - Shashi tharoor, kalmadi, raja etc... Media is clearly controlled by Congress/BJP & it is a vendetta against south !!.

KF is another example of this North/South Divide. North media/congress/BJP immediately jumped that there will NEVER be a bailout. But what happened when Jet Airways under went a crisis some time back, the govt, minister got involved to resolve this !!

 

[Iyyarooraan]

I agree with you. A few years before ICC (& CSK) Shri N. Srinivasan gave an open interview in newspaper how he suffered in reviving the cement co. and the powers at the lending counters in Mumbai humiliated him - he was made to wait a whole day without getting an opportunity to present his case. Mr Srinivasan has risen like a phoenix. It is not a question of the South against the North, but vice verse. Whether our own people accept it or not the bias is definite and deep rooted.

 

[Yamaka]

Yesterday, I learnt that OP Saini, the CBI Judge refused to indict P. Chidambaram in the 2G saga of "scam" trial.

The reasoning he gave was very interesting... If he believes in what he says, then I would argue that it holds true for Adimuthu Raja also.

A. Raja could be prosecuted ONLY if he got any material or other benefits as a quid pro quo in the 2G allocation.

Prosecuting him, and keeping him at Tihar does NOT warrant at all just for selling the 2G in 2008 at 2001 price. In that particular case he and PC are in the same boat.

So far, I have not seen any shred of evidence presented for a corruption against A. Raja. (or even Kani). Granted there was some mishandling of the implementation of the FCFS allocation of 2G. Was that done with a criminal intent?

At the end of the trial and on Appeal, A. Raja and Kani will walk. They must.

Wait & watch.

 

[sarang]

This judgement contradicts a supreme court judgement; national resources cannot be frittered away without checks and balances. Chidambaram will be indicted and punished. Swamy claims that chidambaram has benefited financially; if the cbi, ib and income tax departments act without succumbing to govt. pressure, truth will come out quicker.

Why should chidambaram turn a blind eye to spectrum dished our free to those without background or qualification and blacklisted companies, if he has nothing to gain?

Yesterday, I learnt that OP Saini, the CBI Judge refused to indict P. Chidambaram in the 2G saga of "scam" trial.

The reasoning he gave was very interesting... If he believes in what he says, then I would argue that it holds true for Adimuthu Raja also.

A. Raja could be prosecuted ONLY if he got any material or other benefits as a quid pro quo in the 2G allocation.

Prosecuting him, and keeping him at Tihar does NOT warrant at all just for selling the 2G in 2008 at 2001 price. In that particular case he and PC are in the same boat.

So far, I have not seen any shred of evidence presented for a corruption against A. Raja. (or even Kani). Granted there was some mishandling of the implementation of the FCFS allocation of 2G. Was that done with a criminal intent?

At the end of the trial and on Appeal, A. Raja and Kani will walk. They must.

Wait & watch.

 

[Jaykay767]

Yesterday, I learnt that OP Saini, the CBI Judge refused to indict P. Chidambaram in the 2G saga of "scam" trial.

The reasoning he gave was very interesting... If he believes in what he says, then I would argue that it holds true for Adimuthu Raja also.

A. Raja could be prosecuted ONLY if he got any material or other benefits as a quid pro quo in the 2G allocation.

Prosecuting him, and keeping him at Tihar does NOT warrant at all just for selling the 2G in 2008 at 2001 price. In that particular case he and PC are in the same boat.

So far, I have not seen any shred of evidence presented for a corruption against A. Raja. (or even Kani). Granted there was some mishandling of the implementation of the FCFS allocation of 2G. Was that done with a criminal intent?

At the end of the trial and on Appeal, A. Raja and Kani will walk. They must.

Wait & watch.

Absolutely agree. what is happening is a mobocracy today !. The congress/BJP/north media are whipping up a vendetta against south politicians & people like blood thirsty mobs. !!

first of all there is NO way they can keep Raja & Kani (till she got bail after the drama by congress) IN JAIL before trial.

is there any country in this world where people are kept in Jail before due process of law/trail for a NON - CRIMINAL CASE ????

 

[Jaykay767]

This judgement contradicts a supreme court judgement; national resources cannot be frittered away without checks and balances. Chidambaram will be indicted and punished. Swamy claims that chidambaram has benefited financially; if the cbi, ib and income tax departments act without succumbing to govt. pressure, truth will come out quicker.

Why should chidambaram turn a blind eye to spectrum dished our free to those without background or qualification and blacklisted companies, if he has nothing to gain?

Sorry to be blunt on this issue. HOW DO YOU OR ANYONE KNOW CHIDAMBARAM / RAJA TOOK BRIBES??.

Pl unstd. Spectrum is not a national resource. In a communist/socialist country everything is grabbed by the govt as national resource.
first of all spectrum should not be distributed by the Govt, it should be the private sector which needs to handle this.

Instead of fighting for a useless lokpal with 6 lakh employees (with quota issues )to monitor the other 4 crore govt employees, they should privatise everything & govt should be confined to military, internal security, foreign affairs, Tax/revenue service. !!

 

[Iyyarooraan]

Privatization is not the answer and not again in India. In 2G scam case the baiters have been private parties. Privatisation will only raise many more "Antillas". In India private sector is not at all efficient or development oriented; but the government sector is, corruption notwithstanding. We should "sanitize" our public against corruption.

 

[Yamaka]

This judgement contradicts a supreme court judgement; national resources cannot be frittered away without checks and balances. Chidambaram will be indicted and punished. Swamy claims that chidambaram has benefited financially; if the cbi, ib and income tax departments act without succumbing to govt. pressure, truth will come out quicker.

Why should chidambaram turn a blind eye to spectrum dished our free to those without background or qualification and blacklisted companies, if he has nothing to gain?

Dear S:

1. As I have said before the Apex Court has done a great injustice as far as this landmark case is concerned. They should not hear all the PIL cases and private writ applications from citizens DIRECTLY. It should have directed it to a lower court for analysis and judgement. Only an Appeal, they should entertain such cases.

Because a 2-person Bench cannot issue a judgement w/o a recourse to Appeal to the injured parties. Appeal is a fundamental right of all citizens. The Apex Court has violated this Principle.

Further, this Apex Court has been totally negligent of protecting another basic Right of citizens: Bail Vs Jail.. According to the Chief Election Officer, millions of citizens are locked up in the State/Central prisons on "alleged" wrongdoing w/o a due process for Bail for a long long time. Again, BAIL is a fundamental right of ALL citizens.

I contend this Apex Court does not know what to stand for and what to delegate to the lower courts.

2. Sub Swamy is abusing the court system to bolster his personal standing with the media circus. He is politically a dead duck w/o any support from the Aam Admi. He needs oxygen to survive; hence he submits writ petition capriciously to tie up the courts in India.

I want people to see the mischief he is doing.

3.The FCFS was instituted by BJP/NDA before, UPA just followed it. About 60 licenses were issued by NDA under this FCFS protocol. Why such licenses were not revoked retroactively?

Where is the Principle of Equality here?

4. If and only if A. Raja or PC benefited monetarily or otherwise by the poor implementation of FCFS, they can be prosecuted before the trial court.

OP Saini said there is no evidence against PC...I say that's good, and is true for Raja and Kani.

Therefore, FCFS is a policy decision taken by both political coalitions.. it per se is NOT wrong. It has really worked to create the teledensity very quickly, and the consumers are paying the cheapest price for the basic mobile phone service in the whole world. This is an achievement of this FCFS policy.

The Apex Court has no authority, morally or legally, to attack this FCFS. It's beyond their jurisdiction.

Revenue alone should not be the criterion when judging the usefulness of a Policy: Social Justice in distributing the Common Good, which can be adjudicated only at the polls.

More later...

 

[sarang]

Apology seekers can take a lesson from sinha and fall at the feet of evr for solace and vimochanam!

I apologise for all scams of UPA, government's policy paralysis: Yashwant Sinha

This judgment naturally has caused much joy and celebration in Congress. ​

Kapil Sibal

has even asked BJP to apologise. Let me, therefore, begin by apologising comprehensively and from the very beginning:

I apologise for the Partition of India; for the lingering Jammu and Kashmir issue and for not resolving it at Simla in 1972; I apologise for India spurning the offer to join the Security Council as a permanent member when it was offered at the time of independence; for the defeat of India in the 1962 war with China and the vexed boundary problem; I apologise for the Hindu rate of growth of 3% for the first three decades of Independence and for all the poverty, deprivation and inequality; I apologise for the ​

massacre

of Sikhs in the country in 1984; I apologise for the more recent events like the Army Chief's age row; for the Antrix-Devas deal and for punishing scientists of the eminence of ​

Madhavan

Nair without giving them an opportunity for explanation; for the PMO not keeping the PM informed of the 2G scam; for the ​

Supreme Court

cancelling the 2G licences; for the CWG scam, the ​

Air India

scam, the KG Basin scam, the Adarsh Society scam and for all the other ​

scams

for which this government is being wrongly blamed.

​

I apologise for all scams of UPA, government's policy paralysis: Yashwant Sinha - The Times of India

 

[sarang]

Not registering a case against marans despite collecting evidence some eight months ago, was one of the issues raised by prashant bhushan, when he asked for SIT monitoring of CBI probe. Apollo hospital reddy's daughter has bought shares in maran-maxis venture when she has no resources to invest, and now chidambaram's daughter in law (a tambrahm) has got shares in the new apollo 110 bed hospital opened by mmsingh in karaikudi last week. Wheels within wheels.

CBI will act only when all the doors to slip out are closed.

2G: ED registers money laundering case against Marans

The case, registered on Tuesday under the Prevention of Money Laundering Act (PMLA), pertains to an alleged illegal gratification of about Rs. 550 crore allegedly received by the Maran brothers in the Aircel-Maxis deal.
​

The Hindu : News / National : 2G: ED registers money laundering case against Marans

More news:

The Supreme Court on Thursday issued notice to the CBI, seeking its response to an application by the Centre for Public Interest Litigation (CPIL) alleging that the agency slowed down the probe against the former Telecom Minister, Dayanidhi Maran, after it had filed the First Information Report in the 2G spectrum scam case.​

 

[Yamaka]

I read in The Hindu yesterday that Dr. MMS is asking the advice of the Attorney General (the former Solicitor General) whether to ask for Review of the SC verdict on the Cancellation of the entire 122 Licenses and the punitive damages levied on the private companies.

There the article mentions that the same Solicitor General approved the "moving of the date" from Oct 1 to Sep 25 2007 as the cutoff date, and also the sale of the part ownership of the licenses to foreign companies.

Then where is the crime committed by A. Raja here? The whole thing was cleared by the Solicitor General. Also, I read that PMO and FMO approved the sale of the part ownership of the licenses to foreigners, as per the Corporate Law.

The logic was that already too many applications were received for the FCFS basis. For example, only 122 licenses can be issued, and by 25 Sept there were 200 qualified applications already accepted at the IT Office
... then what is the use of keeping the 400 applications received after that cut off period?

Attracting FDI was also one of the aims of the Govt as far as the IT service and expansion is concerned....

Therefore, the FCFS is the key principle under attack by the SC. This is clearly a Policy Matter both NDA and UPA used keeping the Aam Admi in mind to create the necessary teledensity in a very short time... and maximizing the revenue was not the policy priority.

I think Dr. MMS must ask for a complete Review of the SC Decision by the Full Bench including the Chief Justice of India.

That's only fair in this given situation.

Knowing what we know today, A. Raja just implemented the Policy Decision of the Cabinet... then why is he jailed at Tihar?

Chief Justice of India must ask this question to the trial court Judge OP Saini, who refused to indict P Chidambram who committed the "same crime", if any, as A. Raja..

Wait & watch.

 

[Jaykay767]

There the article mentions that the same Solicitor General approved the "moving of the date" from Oct 1 to Sep 25 2007 as the cutoff date, and also the sale of the part ownership of the licenses to foreign companies.

Then where is the crime committed by A. Raja here? The whole thing was cleared by the Solicitor General. Also, I read that PMO and FMO approved the sale of the part ownership of the licenses to foreigners, as per the Corporate Law.

Wait & watch.

thats why I said this is purely a Congress/BJP/Norh Media vendetta against south politicians.

& HOW CAN RAJA BE IN JAIL EVEN BEFORE A TRAIL IS CONDUCTED & IS CONVICTED THROUGH DUE PROCESS OF LAW !!

of course all our courts/judges are fixed by congress anyways !

 

[ozone]

& HOW CAN RAJA BE IN JAIL EVEN BEFORE A TRAIL IS CONDUCTED & IS CONVICTED THROUGH DUE PROCESS OF LAW !!

You know, Raja himself doesnt feel bad about this, and isnt even appealing for a bail. may be he is finding the jail more safer for himself.
Also, whenever something is asked about the crime, he doesnt appear to be defensive. All he appears to say is 'am I the only one'?

 

[Jaykay767]

You know, Raja himself doesnt feel bad about this, and isnt even appealing for a bail. may be he is finding the jail more safer for himself.
Also, whenever something is asked about the crime, he doesnt appear to be defensive. All he appears to say is 'am I the only one'?

thats not the point !. the fact that people are kept in jail (becos of political vendetta) without trail undermines the democracy itself & the country !. so whether he asks for Bail or not, he should have been long released.

as it is there is a huge north/south divide, now becos of this vendetta against south politicians the anti north feeling is now widespread in the south states !

 

[sarang]

Even dmk is not clamouring for his bail; if he is out, he is not only a danger to dmk family, but can make uncomfortable revelations against higher-ups. When he said that pm and chidambaram knew and fully supported his actions, nobody believed him; now even the supreme court has acknowledged chidambaram's knowledge of the whole process.

The recent grapewine is the CBI knows the money trail and knows who got what, how and where is the money now. BJP is not actively exploiting the contents of the report (commissioned by it) prepared by gurumurthu & co on corruption by gandhi family.

There is no progress on the murder/ suicide of raja's driver.

 

[Yamaka]

Some news about the 2G Verdict by India's Supreme Court and the Govt's Options.

Please see this

Govt not to challenge SC order on 2G licences --Videos India:IBNLive Videos


Cheers.

 

[Yamaka]

Hello ALL:

Please read this from the Hindu today. This is what I have been writing about on the policy of FCFS for a long time.

I like this request for the Review of the Ruling on the 2G Issue by the Supreme Court... At least now Dr. MMS' Govt is waking up to the task!


[h=1]Centre seeks review of ruling in 2G case[/h]

J. VENKATESANSHARE · COMMENT · PRINT · T+

Justifying FCFS policy, it tells apex court auction will hit promotion of teledensity

The Union government on Friday justified the first come, first served (FCFS) policy and urged the Supreme Court to review the 2G judgment, which quashed spectrum licences and directed issuance of fresh ones on the basis of auction.
The Centre said it was only questioning the conclusion of the judgment that all national resources should be auctioned. Absurd results would follow from the conclusion, as it (the government) was bound to implement auction policy in distribution of all natural resource/national wealth in all circumstances and would be precluded from following any other policy.
The government could only formulate a single policy for distribution of any natural resource/national wealth, irrespective of any reasons to the contrary. Auction of 2G licences would adversely affect and hamper the objective of promoting teledensity in semi-urban and rural areas.
As new entrants would be burdened with very high acquisition costs for licence and spectrum, it was unlikely that they would penetrate new markets and offer services at a competitive cost to consumers in terms of urban and rural areas.
The government said the judgment would adversely affect competition in telecom operations. It disagreed with the observation that the telecom policy was flawed, saying the policy decision was not open to judicial review.
Having travelled beyond the limits of judicial review and entered the realms of policy-making, the court did not apply its mind to the considerations of promoting growth, affordability, penetration of wireless services in semi-urban and rural areas and maintaining a level-playing field, it said.
The court came to the conclusion that the only method of maximisation of revenue for the state was through holding of public auction, without applying its mind in the facts of whether this was the case. Had the court applied its mind, it would have considered that in the prevailing facts and circumstances at the time the policy was adopted — the FCFS policy — was more advantageous to the state in maximising revenue in the long-term rather than short-term by promoting growth and penetration of wireless services in semi-urban and rural areas.
Contending that the FCFS policy had the twin objective of a level-playing field and providing affordability, the Centre sought a direction to review the February 2 verdict.
Keywords: 2G spectrum scam, licence cancelltion, UPA government, Supreme Court verdict, FCFS policy


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​

 

[Yamaka]

Hello ALL:

Here's what Adimuthu Raja wants from the Supreme Court... His RIGHTS are protected by Article 21 of the Indian Constitution..

He was not heard at all during the SC case on this FCFS decision... How could ANY court decide w/o hearing what the most important person - the then IT Minister - has to say on this matter of 2G sale in 2008?

India's SC has become a kangaroo court on this issue. Please read this (from the Hindu today)

I was condemned without being heard, says Raja

J. VENKATESANSHARE · COMMENT (5) · PRINT · T+

The Hindu Photo LibraryFormer Telecom Minister A. Raja said the Supreme Court has cancelled the licence of 122 firms without hearing his side of arguments.

RELATED




NEWS

Centre seeks review of ruling in 2G caseCentre seeks court's clarification on auction of 2G licencesNew twist in 2G case may turn on meaning of ‘acquisition'


TOPICS

2G Spectrum Scandal
crime, law and justicecorruption & bribery
trials

A. Raja on Friday filed an application in the Supreme Court, seeking a review and reconsideration of its judgment quashing all spectrum licences granted by the government pursuant to the two press releases issued by him when he was Telecom Minister.
“The judgment of this court, inasmuch as it condemns the actions and inactions of the petitioner as Minister for Communication and Information Technology,… is in violation of the basic principles of fair play and justice and of affording a person an opportunity of being heard before he is condemned. Natural justice requires that if a matter is decided against a person by a judicial or quasi-judicial body that person should be given an opportunity of being heard and a pronouncement by a judicial or quasi-judicial body which condemns a person without hearing him would be void,” said the application, settled by senior advocate T.R. Andhyarujina and filed through lawyer Abhinav Mukherji.
Mr. Raja said that on each of the findings against him he had an explanation that his actions were “legal, proper and without favour.”
He said the observations made by this court against him should be reviewed as they affected his reputation and fundamental right under Article 21 of the Constitution. Further, the findings of illegalities and favouritism were bound to prejudice his defence in the pending prosecution against him in the court of the Special Judge (CBI), Patiala House, where the charges were substantially similar to the issues dealt with by this court.
Though the Supreme Court said the Special Judge should decide the matter uninfluenced by its ruling, “this observation is of little avail having regard to the position of this court as the highest court. It is most unlikely that a subordinate court will disregard them and form an independent view.” Moreover, Mr. Raja said, “these findings are now bound to be adopted and followed by the government officials in their evidence to protect themselves.” Hence, he pleaded that the court set aside the judgment.
Keywords: 2G spectrum scam, 2G trial, 2G licenc

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[sarang]

MMS /sonia governement is plunging deeper into the mire. Now singh has accepted that his minister was corrupt and he knew about the misdeeds. The wheels of justice move slowly; who knows, one day mms may break down and reveal all!

CNBC TV18 interview of subramanyam swamy

CNBC-TV18 catches up with Subramanian Swamy, the chief petitioner in the 2G case to make sense of the latest developments on the front. He says that the Courts are doing their job and upholding the constitution and playing it within their ambit of jurisdiction. "There is actually judicial under-reach in the whole thing; they could've done a lot more," he says.


*Q: The government has not challenged the cancellation order but is challenging the court's prerogative to decide on policymaking. It's saying that it's taken away the power from the executive by saying that the first-come-first-serve doctrine is flawed, it's lopsided because it impact's government decision-making. Do you believe that that is a valid argument?*

A: I can say this as a very silly argument because this has been answered by the Supreme Court many times in a number of cases. The Supreme Court's judgment on the Tata Cellular case in the early 1990s, then the BALCO case, and recently when I was arguing the Sethusamudram Project question also, it has been answered. It is a fact that the policy decisions have to be made by the government and it can't be made by the court. But the court has a right to know whether the decision-making process was a fair process, was it mollified,
was it unreasonable, was it arbitrary... Supposing you didn't consider all terms of policies and went straight ahead and decided a policy on your own as in this case, of the first-come-first-serve, there was no any examination of whether auction is better or first-come-first-serve is
better or some other method of selection is better. There are alternatives which had been suggested by the finance member of the Department of Telecom, but she was briskly brushed aside by the minister. So I think what the Supreme Court has done is absolutely consistent with all the long list of decisions they have taken that where policy decisions are arbitrarily made, where there is malafide, where there is arbitrariness, unreasonableness, the court has a right to step in as a guardian of the constitution, and pronounce whether the policy has been
correctly chosen or not, that's all they did.

*Q: This also raises the question that while the courts are absolutely free and right in questioning decision making faults, the fact is that the courts, as per the clarificatary petition, as well as the government's review petition, have gone ahead and questioned the very basis of policy that does not just exist for telecom, but for several other sectors, raising constitutional questions. So, while you are a petitioner in this case, don't you think that there are larger questions of judicial overreach that have risen as a consequence of this judgment?*

A: Not at all. I think this is a judicial underreach; they have been understated, they have not gone the whole way that they could have, they had much greater latitude. What is it that they have said? They have said that national resources should not be subject to FCFS.

*Q: But why would the courts need to say that, why is not the parliament and the government of the day competent enough to do that; why even pronounce a case even without the parties being heard in full and even as the trail is going on in a lower court. Basically, won't you agree with the fact that the trial is decided?*

A: You are widening it. Let us first take care of this and then we will come to the question of Raja. As far as this is concerned, the court is to interpret the constitution. The constitution has a number of clauses which have come frequently, article 14 which says everybody is equal in law and everybody means everybody who is comparable. There are a number of provisions which the court has to interpret the constitution. The constitution ensures that all decisions are taken, there is no mistake in it and therefore, what the court has done is perfectly right. They have not substituted themselves for the government saying that this is a better
policy of the policies that you put forth.

*Q: So you still believe that this is a case of judicial under-reach and
not judicial overreach as the government has now petitioned?*

A: Absolutely, no question about it.
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Hello ALL:

At least now Dr. MMS' Govt is waking up to the task!