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Thursday, February 2, 2012

Supreme Court puts down UPA Government’s mega corruption in Telecom sector

Supreme Court puts

down UPA


corruption in

Telecom sector



The most decisive victory in the National War Against UPA Government’s Alpine Corruption was won in the Supreme Court yesterday (2nd February 2012, Thursday) when Justice J.S Singhvi and Justice A.K Ganguly passed Final Orders in respect of

WRIT PETITION (CIVIL) NO. 423 OF 2010 Centre for Public Interest Litigation and others (Petitioner) versus Union of India and others (Respondent)

With WRIT PETITION (CIVIL) NO. 10 OF 2011 Dr. Subramanian Swamy (Petitioner)

Versus Union of India and others (Respondent).

Justice J.S Singhvi and Justice A.K Ganguly in their historic judgment have paid glowing tributes to Dr. Subramanian Swamy and Prashant Bhushan and others by hailing them as ENLIGHTENED CITIZENS. The inspiring words of the two Supreme Court Judges, in this context, are worth quoting: “Before concluding, we consider it imperative to observe that but for the vigilance of some enlightened citizens who held important constitutional and other positions and discharged their duties in larger public interest and Non Governmental Organisations who have been constantly fighting for clean governance and accountability of the constitutional institutions, unsuspecting citizens and the Nation would never have known how the scarce natural resource spared by Army has been grabbed by those who enjoy money power and who have been able to manipulate the system.” 

I am presenting below the operative portions of the above judgment.

In the result, the writ petitions are allowed in the following terms:
(i) The licences granted to the private respondents on or after 10.1.2008 pursuant to two press releases issued on 10.1.2008 and subsequent allocation of spectrum to the licensees are declared illegal and are quashed.

(ii) The above direction shall become operative after four months.

(iii) Keeping in view the decision taken by the Central Government in 2011, TRAI shall make fresh recommendations for grant of licence and allocation of spectrum in 2G band in 22 Service Areas by auction, as was done for allocation of spectrum in 3G band.

(iv) The Central Government shall consider the recommendations of TRAI and take appropriate decision within next one month and fresh licences be granted by auction.

(v) Respondent Nos.2, 3 and 9 who have been benefited at the cost of Public Exchequer by a wholly arbitrary and unconstitutional action taken by the DoT for grant of UAS Licences and allocation of spectrum in 2G band and who offloaded their stakes for many thousand crores in the name of fresh infusion of equity or transfer of equity shall pay cost of Rs.5 crores each.  Respondent Nos 4, 6, 7 and 10 shall pay cost of Rs.50 lakhs each because they too had been benefited by the wholly arbitrary and unconstitutional exercise undertaken by the DoT for grant of UAS Licences and allocation of spectrum in 2G band.  We have not imposed cost on the respondents who had submitted their applications in 2004 and 2006 and whose applications were kept pending till 2007.

When you know that in order to produce, you need to obtain permission from those who produce nothing, when you know that money is flowing to those who deal, not in goods, but in favour, when you see that men get rich more easily by graft, rather than work and your Laws no longer protect you against them, but protects them against you, you know that your society is doomed! When the two Supreme Court Judges Justice J.S Singhvi and Justice A.K Ganguly who are getting convinced that India is being hustled down the path of doom by Sonia Gandhi and her pack of criminal gangsters in the UPA Government these two fearless Judges that the 2G Spectrum licenses fraudulently issued by the criminal UPA Government must be cancelled.

A careful reading of the judgment will show that the Sonia Gandhi-led UPA Government has been totally unsuccessful in their fraudulent attempts to mislead the Supreme Court of India that Pa Chidambaram had nothing to do with the 2G Spectrum pricing and the associated corrupt deeds and misdeeds of the former Union Telecom Minister A. Raja. The Supreme Court has imposed a fine of Rs 5 Crores each on Swan Telecom (Respondent 2), Unitech (Respondent 3) and Tata Teleservices (Respondent 9) on the ground that they were benefitted at the cost to the State Exchequer. This arose on account of a wholly arbitrary and unconstitutional action taken by the DoT for grant of UAS Licences and allocation of Spectrum in 2G band and these companies with the full knowledge of DOT offloaded their stakes for many thousand crores in the name of fresh infusion of equity or transfer of equity. The offloading of shares by Swan, Unitech and Tata Teleservices and their other illegal actions were subsequently ratified by Union Finance Minister Pa Chidambaram in his capacity as the Chairman of the Foreign Investment Promotion Board (FIPB) and the Prime Minister Dr Manmohan Singh in his capacity as the Chairman of the Cabinet Committee on Economic Affairs (CCEA). Thus, as informally directed by Sonia Gandhi, both the former Union Finance Minister Pa Chidambaram and the Prime Minister Dr Manmohan Singh enthusiastically facilitated the corrupt 2G Spectrum chess game of former Union Telecom Minister Raja which largely benefitted the Italian-born Sonia Gandhi.

It is very heartening to note that the Supreme Court has summarily rejected the plea of the UPA Government that Union Minister for Home Affairs P Chidambaram, who was Minister for Finance when the spectacular Sonia directed robbery of the National Exchequer occurred, should be spared from being named, probed and prosecuted as a co-accused.

It is a well established axiom of financial administration in the Government of India that not even a Rupee of expenditure can be incurred by anyone out of the Consolidated Fund of India without the written concurrence of the Finance Minister. Available written records and File Notings and Official Correspondence clearly show that the Union Telecom Minister A. Raja and former Union finance Minister Pa Chidambaram conspired together and acted in concert to defraud the National Exchequer for private gains. In this shoddy business, the Office of the Prime Minister was reduced to the level of a dispatch office.

All that the former Union Telecom Minister A. Raja did was to faithfully implement the oral orders of Sonia Gandhi which were instantaneously conveyed by her Political Secretary Ahmed Patel to both Pa Chidambaram and A Raja. Of course, the final written concurrence was given by Pa Chidambaram in his capacity as the Finance Minister.

I fully endorse the view of Dr Subramanian Swamy who has said: “The fact of the matter is the process was that Mr Chidambaram and Mr Raja will decide (on 2G pricing) together. And records show that Chidambaram was the senior partner and Raja was the junior partner. If Raja is in jail, Chidambaram should also be in jail.”

In my view, there are, of course, First Duties of Citizenship, but there are also First Duties of Government. A Citizen’s First Duty is to uphold the Law, but it is also the First Duty of the Government to enforce the Law --- to do so by prosecuting and punishing those who violate our Criminal Laws. We have all along been told and many of us have preached that ‘CRIME DOES NOT PAY’, but the recent rash and spread of defiance of law in the Sonia-led UPA Government at highest levels and the spectacular successes --- however tenuous and temporary --- of that philosophy in attaining its goals, seem to compel a reappraisal of that concept, for from what we see are commonly happening, one could reasonably believe that certain types of crime are being permitted to pay magnificently in the UPA Government. The acid cutting edge test, nay criterion, seems to be this: “Full and final gratification and satisfaction of Firangi Memsahib Sonia Gandhi”

The collapsing and the collapsible corrupt regime of Sonia Gandhi will end sooner than later. This Government of rapacious looters is going to end not with a bang but with a whimper and it will end with Sonia and her clan’s hasty flight from India like that of the corrupt Alberto Fugimori and his clan from Peru.

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