Congress Party

Alleges

"Saffron Terror"

– Part 1

Shenanigans of Sushil Shinde

by V. Sundaram I.A.S (retd.)
All India General Secretary (Ideology), Janata Party

---

During the rule by the home-grown Dictator Indira Gandhi, the Congress used to blame “the foreign hand” as the source of all problems! Now the Congress Government functioning under foreign hand of Italian Mafia Dictator Sonia Gandhi blames a home-grown "Hindu terrorism" to deflect public attention from its ever-increasing political problems.

---

Speaking at the AICC meeting in Jaipur on Sunday, 20th January 2013, Union Home Minister Sushil Kumar Shinde has accused the BJP and the RSS of fanning Hindu terrorism. He is reported to have said in a callously clownish and nationally disastrous speech: “Reports have come during investigation that BJP and RSS conduct terror training camps to spread Hindu terrorism... Bombs were planted in Samjhauta Express, Mecca Masjid and also a blast was carried out in Malegaon.” What is even more mocking and shameful is that Union Home Minister Shinde has said that BJP's “cultural nationalism” is actually a weapon to divide the country, completely ignoring the fact that our country and indeed the whole world is celebrating the 150th Birth Anniversary of Swami Vivekenanda (1853-1902) who was the greatest champion of Cultural Nationalism.

Thanks to the divisive policies of the Congress Governments in general before and after independence and Sonia Congress Government in particular, today, our country already stands divided on every front. But it would be too much to expect a Union Home Minister in a Sonia Gandhi Government to know anything at all about Indian History, unless it has some connection with History of Italy or the History of Vatican!

Our Nation is indeed unfortunate to have an irresponsible, nay, reprehensible Union Home Minister who is acting as a mouthpiece of that known Islamic terrorist Ahmed Patel, the Political Advisor to the Italian Catholic imposter originally known as Edvige Antonia Albina Maino and now known as Sonia Gandhi. Incidentally, this woman has nothing to do with Mahatma Gandhi!

During the rule by the home-grown Dictator Indira Gandhi, the Congress used to blame “the foreign hand” as the source of all problems! Now the Congress Government functioning under foreign hand of Italian Mafia Dictator Sonia Gandhi blames the home-grown Hindu terrorism to deflect public attention from its ever-increasing political problems.

Instead of punishing Pakistan for supporting terrorism in India, the Congress is trying its best to denigrate and defame the BJP. When baseless allegations are made by the Union Home Minister against the main opposition party in the Parliament it amounts to giving a clean chit to the real terrorists, the Fundamentalist Islamists in India and Pakistan.

This anti-Hindu and pro-Jihadi Muslim Union Home Minister is under the delusion that he will continue to be the Union Home Minister after 2014 Lok Sabha Elections. I reliably understand that all terrorist outfits in Pakistan like the banned terrorist outfits like Lashkar-e-Taiba and Jamat ud Dawa have welcomed the viciously venomous anti-Hindu statements from Sushil Shinde and complemented him with evident Islamic delight. Sushil Shinde has earned the dubious distinction of being the only Indian Home Minister to be publicly thanked by Lashkar-e-Taiba chief Hafiz Saeed. Shinde has now provided Hafeez Saeed the perfect opportunity to wriggle out of the terror tag that has currently stuck to the latter. Perhaps at the instance of Ahmed Patel and Sonia Gandhi, Sushil Shinde has taken the first step for clearing the name of Hafiz Sayeed for the International Gandhi Peace Prize! Once that is done it will not be difficult to issue a Postage Stamp in honour of Lashkar-e-Taiba chief Hafiz Saeed just as Maulana Mohammad Ali of Khilafat Movement fame, the sworn enemy of Mahatma Gandhi to boot, was honoured with the issue of a postage stamp in 1978.

Charging Congress with having a “destructive mindset which was reflected in the Home Minister's statement”, BJP Vice-President and Party Spokesman Mukhtar Abbas Naqvi said: “They abolished the tool to fight terrorism” in an apparent reference to scrapping of POTA.

When BJP Governments imposed ban on terrorist outfits like SIMI, the Congress party was quick to protest against that decision. It is the Sonia Congress way of telling, Akbaruddin Owasi of the pro-Pakistan AIMIM Party of Hyderabad “Go ahead and wage a war against India, we in the Firangi Sonia Congress are always with you!” To facilitate Pakistan sponsored Islamic terrorism in India the anti-national Sonia Congress has scrapped the POTA and denied a similar law to Gujarat even after the duly elected Gujarat Assembly passed the Bill. The 24/7 Congress Party Governor misused his Office with impunity and saw to it that no-anti-terrorist legislation was passed in Gujarat. At the same time, the Sonia Congress Government uses anti-terrorism law in Maharashtra to jail and torture Hindu monks like Sadhvi Prajya without any regard for the Principle of Equality before Law.

As Shinde’s remarks were slammed by RSS and BJP, Shinde stuck to his stand, saying, "This has come so many times in the papers... It is not a new thing that I have said today. It is the same thing and nothing new. It has come in the media several times.” Does the country’s Home Minister get his information on terrorism from the newspapers and Television? Is the country’s dim-wit erstwhile sub-Inspector turned Union Home Minister being ignored and bypassed by the intelligence agencies? Then such a bumbling and bungling Home Minister should be dismissed forthwith by any self-respecting political party.

Former Union Home Minister Pa Chidambaram had similarly found himself at the centre of a controversy in August 2010 after he spoke about “the recently uncovered phenomenon of saffron terrorism”.

The PTI reported on Aug 25, 2010 that P. Chidambaram, the then Union Home Minister, while inaugurating a Conference of Chiefs of Police Forces of the country, expressed concern over the situation in Kashmir Valley and added “There is recently an uncovered phenomenon of saffron terrorism that has been implicated in many bomb blasts of the past.”

Who created this ‘phenomenon’? Where was this alleged “saffron terrorism” before 2007? Since the Malegaon arrests in 2008 there is none either, the Union Home Minister's claims notwithstanding. How did a serving Indian Army Officer and the revered Shankaracharya of the Sharada Peetam become the main players in this so-called “Hindu Terror”? Who is the big fish behind them?

Chidambaram was not only categorical about so-called “Saffron Terror” but he also made it a point to single it out by not making reference to any other terror in the country by name. In his long address he didn't talk about jihadi or Islamic terror, didn't utter the word red terror even once -- except, towards the end, a fleeting allusion to Left-wing extremism; but this chatterbox went on and on about “saffron terror”. Like Ahmed Patel and others in Sonia Gandhi’s party, Chidambaram was also benevolently disposed towards Mohammad Afzal (known in “secular” media as Afzal Guru).

The PTI reported on Sep 13, 2010, that Gujarat Chief Minister Narendra Modi today asked Union Home Minister P Chidambaram at a seminar organised by the BJP Youth Wing in Ahmedabad: “I would like to ask him what would be the colour of terrorism faced by the thousands of Kashmiri pundits? WHAT WOULD BE THE COLOUR OF TERRORISM IN AJMER, COIMBATORE, ATTACK ON PARLIAMENT AND 26/11 ATTACK AT MUMBAI?”

Even during the Alipore Bomb Case (1908-1909) when Khudiram Bose and Prafulla Chaki attempted to kill Magistrate Kingsford, a judge known for handing down particularly harsh sentences against nationalists, the Britishers, did not make such disparaging remarks against the Hindus of India.

There were 250 incidents of Domestic terrorism in the United States between 1980 and 2000 according to the FBI. These were carried out by U.S. citizens, mostly Christians. But neither the US Federal Government nor the U.S Political Parties ever used the term “Christian Terror” to describe such incidents.

During the violent clashes in 1969 and 2001, between the Catholic gangs like the Irish Republican Army and the Ulster Defense League on the one hand and the Protestants in Northern Ireland on the other hand more than 3,500 people were killed. However the British Government did not describe the clashes as “Catholic Terror”.

Congress Ministers’ repeated claims of existence of “Hindu terror” or Saffron terror” is a great insult to the people of India who have never attacked any other country in the past and who are best known for their peaceful civilization.

Shri B Raman IPS (retd.), formerly the Head of the Counter-Terrorism Division of India’s RAW, analyzed the arrest of some Hindus as terrorists and concluded that "according to American investigators the LET and Al Qaeda were responsible for the Samjauta Express blast and the HUJI for the Mecca Masjid blast. If the American investigators, who have better sources in Pakistan, are correct, how can our investigators claim that some arrested Hindus were responsible for these incidents? While the American investigators have blamed the LET, Al Qaeda and the HUJI, Indian investigators have blamed the Abhinav Bharat. Both cannot be correct (At the same time!).” As a former Civil Servant of the IAS cadre I cannot help drawing the “secular” non-saffron inference that there is a subterranean tacit understanding between the treacherous Sonia Congress party and the LeT of Pakistan.

With the BJP and Shiv Sena moving in to turn P Chidambaram's “saffron terror” remark into an issue of insult to the majority community, the frightened Congress distanced itself from its Home Minister P. Chidambaram “Hindu Terror” remark in 2008.

After the Union Home Minister Sushil Shinde’s “Hindu Terror” remark in 2012 and following a sharp reaction from the principal opposition party, the BJP, senior Congress leaders cautioned Shinde about the anger of the Hindu electorate and the possible electoral setback to the Sonia Congress Party at their hands.

While the Congress Home Ministers allege “Hindu Terror” without proving any case in a Court of Law, the Congress Party distances itself from such remarks following a public uproar. This is a distinct, discernable and repeating pattern of Congress double game based on hatred for Hindus and Sanatana Dharma.

According to the RSS Spokesman Shri Ram Madhav, there is a sinister Congress design to establish the notion of “Hindu” or “saffron terror” in the global terrorism discourse. Such a twist to the terrorism discourse is intended to electorally aid the Congress party, the Mulla, Missionary, Marxist parties as well as the regressive, racist caste-based political parties in India, like the BSP, SP, DMK etc, so as to put the Hindu organisations and Hindu political parties on the defensive.

Internationally, the deliberate Congress attempt to establish the notion of “Hindu” or “saffron terror” in the global terrorism discourse will help them in pleasing their Western masters. Demonising Hindu groups is an important agenda item for the Western Christian powers and their mercenary and missionary Viceroy in India, Firangi Memsahib a.k.a Sonia Gandhi.

After abusing the Hindu people, the cowardly Sonia Congress Dhimmi, the Union Home Minister Shinde modified his “Hindu Terrorism” remark saying that what he meant was “Saffron Terrorism”. He has now abused the sacred and ancient traditions of Sanatana Dharma, which find their representation in the sacred colour of saffron, the First of the Three Colours of our National Flag.

PS:

ON 22ND FEBRUARY 2013, THERE WERE TWO BOMB BLASTS IN HYDERABAD AND THE POLICE ARRESTED OPERATIVES OF THE INDIAN MUJAHIDIN TERRORISTS. WHAT IS THE COLOUR OF THIS ACT OF TERRORISM, MINISTER SHINDE? ANTI-HINDU SECULARISM MAKES YOU SELECTIVELY COLOUR BLIND DOES IT NOT?
SAFFRON TERRORISM MURDABAD!
GREEN TERRORISM ZINDABAD!!
THREE CHEERS TO SONIA GANDHI OF RED SAREE!!!

DR. SUBRAMANIAN SWAMY’S EXPLOSIVE ARTICLE ON THE AIRCEL-MAXIS SCAM

DR. SUBRAMANIAN

SWAMY’S;

EXPLOSIVE ARTICLE

ON THE

AIRCEL-MAXIS SCAM

BY

P.CHIDAMBARAM

On 12^th May 2012, Dr. Subramanian Swamy wrote a very explosive article in the Organizer journal, exposing the full-blooded involvement and participation of Union Minister P. Chidambaram in the Aircel-Maxis scam. For the benefit of my readers I am presenting below the full text of the article:

Stench of the Aircel-Maxis sleaze

Dr Subramanian Swamy, President of the Janata Party

Aircel is a telecom company providing mobile phone wireless services using 2G and 3G spectrum. Before 2006 it was wholly owned by a Tamil Nadu based capitalist called Sivasankaran, but by January 2006 it came to be owned by a Malaysia born citizen called T Anantha Krishnan, popularly called TAK. He is the son of a Sri Lankan Tamil immigrant, who arrived as indentured plantation worker.  

T Anantha Krishnan's second wife is Latchoumie (Lakshmi?) Marie Helene (LMH) born to a white French father who belongs the Le Chateau Briand family, and Tamil mother. She is popularly known as Mme ‘TAK’.

TAK made his fortune first in gambling casinos and laundering LTTE drug and extortion loot garnered by the terrorist organisation treasurer K Padmanabhan (now Sri Lanka custody), and then branched into construction etc., to become a powerfully influential person in Malaysia, and had helped Quatrrocchi grease the system in that country and escape the law because of the CBI’s deliberately chosen counsel.

Mme TAK, according to my usually reliable sources in Paris, is the owner of a very big art gallery, La Fantaisie, which can be described as the Christie's in France! Carla Bruni, the Italian wife of former French President Sarkozy, is a partner in this venture since two years!

Smt TAK is also owner of a sophisticated Music Recording House in Paris. Carla, who is also a pop singer, uses Smt TAK's studios for registering and issue of her albums!

Sonia, her son Rahul, and her sisters are frequent visitors. Whenever Rahul goes to France, he stays with Smt TAK. He had been there a month and half back.

Smt TAK is also owner of vine yards in northern Colombia with joint ownership with the Colombian rich families Bettancourt and Katalli. Rahul Gandhi’s former live  in friend Veronique is connected to the Kattalli cartel.

Smt Tak is also one of the major shareholders in the French aeronautical company Dassault whose worldwide rejected fighter aircraft Rafaele was bought by India’s Defence Ministry for a hefty 20 per cent bribe. 

But the TAKs are smart. This time in the French election they backed Hollande, who won the Presidency.

It is in this context we have to see the Aircel-Maxis deal since it impinges on India’s national security as did Swan-Etisalat and Unitech-Telenor deals. Telecom towers and equipment can do cyber warfare, snoop on closed door conversations and read email.

The Indian owner of Aircel, Sivasankaran is a financial buccaneer, working always on the edge. In 2005 after getting a spectrum licence, and short of funds, he put it out that he was looking for foreign direct investment. Maxis approached him incognito through the Standard Chartered Bank. It is now alleged in an FIR of the CBI, that at that stage the then Telecom Minister Dayanidhi Maran entered the scene. According to Justice Shivraj Patil Report (available on the DoT website), Maran misused his office to arm twist Sivasankaran to sell all his shares in Aircel to Maxis in January 2006. Whether that was a  drama by Maran and Sivasankaran or real, only the Supreme Court inquiry will reveal. Sivasankaran however became ready to sell.

But there was a problem. FDI Rules require an Indian partner to hold at least 26 per cent of the equity for the deal to be okayed by the Foreign Investment Promotion Board (FIPB). Three months earlier till January 2006, it was at least 51 per cent, i.e., Indian to be majority partner. Maran got that changed to just 26 per cent and the Indian partner to be in minority. But Maxis owner TAK would have none of that. He wanted Aircel to be a wholly owned company of his. That was against the FDI rules. So Maran was in a fix. His brother and owner of Sun TV Kalanidhi was promised Rs 800 crores bounty for his media venture by TAK, and he was salivating furiously.

Enter P Chidambaran, the Dawood Ibrahim of Indian Finance, and Jesus Christ in Lok Sabha. He was then as Finance Minister which meant the ex-officio Chairman of the FIPB. As with Raja in the January 2008 Chidambaram advising him on “share dilution” which landed Raja in Tihar, Chidambaram advised Maran to devise a trick: Form a Joint Venture with a young ambitious entrepreneur, all expenses paid. Thus they found Sunita Reddy, part owner of Apollo Hospital.

Thus Deccan Ventures came into being, but it was joint only in name. By using a financial derivative, Maxis owned all of it. With the money thus put it, Deccan purchased 26 per cent of Aircel. TAK declared proudly to Malaysian Stock Exchange and to his company shareholders’ meeting that he had bought 99.3 per cent of Aircel equity (0.7 per cent still left with sivasankaran) and thus dejure Aircel became a wholly owned company of Maxis.

But TAK filed for permission with FIPB as a 74 per cent owner and got it cleared in March 2006. But there was a catch. Chidambaram did not like it that Maran had de-camped with the bribe loot. So the March 2006 FIPB clearance was not made in the name of Global Communications, a wholly owned company of Maxis, but in the name of some US company. Then Chidambaram sat on the file while TAK sweated with the thought of being so near yet so far.

Enter son Karti, fixer, ambulance chaser, money launderer, small arms dealer etc., and through a maze of cross holdings acquires at least 5 per cent of the Aircel shares before father PC re-convenes the FIPB in October 2006, and delete the name of the US company and put TAK company as the 74 per cent owner of Aircel equity. Karti’s wife Dr Srinidhi starts working as a consulting doctor with Apollo Hospital. All are happy now.

So what is criminal offence? The biggest is the bogus FIPB clearance. P Chidambaram has committed offence of criminal misconduct under Section 13(1)(d)(iii) of the Prevention of Corruption Act which entails a seven year jail term for Maran, Karti, and may be Sivasankaran too under sub-Section (ii) read with IPC 120A&B. The Supreme Court has been apprised by me on May 10 last, and the matter will be heard after the vacations on July 17. If Manmohan Singh does not want to testify in court, he must get rid of Chidambaram from the Cabinet. This is what all Congress leaders except one want.  

In the meantime the Indonesian Police has issued an arrest warrant against Maxis CEO Roy Marshall for fraud, cheating and money laundering in another connected company Astro. Its money trail leads to a favourite English news TV channel. Marshall is also a Sri Lankan Tamil, and has played host to Chidambaram’s wife Nalini when the deal was being brokered.             

The corruption pimple under UPA rule has defiled Bharat Mata but now it seems about to burst. Cure lies in operating vishkanya poison from our body politic.

Different business interests of Karti Chidambaram

The allegation was first raised by Janata Party president Subramanian Swamy, who accused P Chidambaram, then Finance Minister, of delaying clearance to the Aircel-Maxis deal in 2006, to benefit his son. Swamy contends that Karti received a 5 per cent stake in Aircel, a charge the latter denies.

Companies owned by Karti or his known associates (this includes companies that are or were at some point owned by Karti or family members):

*    Ausbridge Holdings and Investments Pvt Ltd 
*    Advantage Strategic Consulting Pvt Ltd 
*    Chess Management Services Pvt Ltd 
*    Chess Health Care Pvt Ltd 
*    Halidon Marketing Pvt Ltd 
*    Kriya FMCG Distributors Pvt Ltd 
*    Kaiser Luxury Hotels Pvt Ltd 
*    Kaiser Surya Samudra Resorts Pvt Ltd

Known associates and directors of companies owned by Karti: CBN Reddy, S Sundar, Mohanan Rajesh.
Swamy's allegation

Advantage Strategic Consulting (ASC), a company owned by Karti, paid Rs 26 lakh to Aircel Televentures. He received a 5 per cent stake in return.

ASC's 2006-07 balancesheet, under the head 'loans and advances', a payment of Rs 26 lakh is shown as having been made to Aircel Televenture Ltd. At this point, however, Karti had no equity stake in Advantage Strategic.

It was solely owned by Ravi Viswanathan and Padma Viswanathan. The company had business relations with other companies owned by Karti.

Alongside the payment to Aircel Televentures, payments made to Karti-owned companies such as Chess Management Services, Chess Health Care Solutions and Halidon Marketing Pvt Ltd have also been listed under the same head.

There is no entry to show that ASC held any stake in Aircel Televentures (the company later became Siva Ventures, named after billionaire owner C Sivasankaran) in either company's balance sheet.

Siva Ventures, being a large company, does not list individual transactions on its balance-sheet schedules. Records of Siva Ventures prior to 2006 are unavailable.

In a legal notice served to Subramanian Swamy, lawyers for Advantage Strategic have said that the Rs 26 lakh payment was from Aircel for consultancy services rendered by Advantage. It is unclear whether entries against Chess Management and Halidon are also similarly amounts paid by them to Advantage for consultancy services. 

Plethora Of  Vicious Untruths And Blatant Falsehoods Promoted By UPA Government

1.     Government claimed no delay on part of Chidambaram in approving the Aircel-Maxis deal. It said the March 7, 2006 meeting of FIPB cleared the Maxis investment of around Rs. 4,000 crore in Aircel.

2.      But an October 17, 2006 Press release of FIPB shows Chidambaram cleared the deal only in the October 3, 2006 meeting of FIPB.

3.      The vital information that the Government concealed is that at the March 7, 2006 meeting of the FIPB, clearances were given to another company with similar name – BT Global Communication (Mauritius) Ltd.

4.      The FIPB also did not show the amount of foreign investment and kept the concerned column blank. Normally all FIPB clearances would specify the value of foreign investment.

DR.  SWAMY POSES SIX QUERIES TO PRANABDA. WILL HE ANSWER INSTEAD OF MERELY APOLOGISING FOR LOSING TEMPER?

Janata Party president Subramanian Swamy on Saturday demanded Finance Minister Pranab Mukherjee to answer six of his questions on the controversial FIPB clearance to the Aircel-Maxis deal in Parliament on Monday. In a statement issued here, Swamy sought to know:

1. How the Ministry of Finance issued a press release to say that the Aircel-Maxis equity purchase clearance in the Foreign Investment Board meeting presided over by then Finance Minister P. Chidambaram was given on March 7, 2006 when the PIB website even today does not disclose this clearance amongst the clearances of other deals made on that day?

2. The meaning of the ‘clearance’ given by the FIPB at the October 3, 2006 meeting to the Aircel- Maxis deal, as announced in PIB website of October 17, 2006.

3. Pranab should disclose how is it that when the Malayasia Stock Exchange was informed by Maxis that its controlling interest in Aircel was 99.3%, far above the FBI rule that it could not exceed 74%.

4. Whether a fraud was committed by including a dummy JV called Deccan Digital Network to beat the FDI rule?

5. Pranab should make clear to Parliament the conclusions of the FIPB probes since he became Finance Minister, and also agree to lay the said report in Parliament. He should also disclose whether the DoT conducted an enquiry into this share purchase fraud through a dummy JV and whether the said enquiry by the DoT has been completed.

6. Whether the CBI has gone into this question since it is a criminal offence under Section 13(1)(d)(iii) of the Prevention of Corruption Act?

MY COMMENTS

1.     The Prime Minister should sack the Union Home Minister P. Chidambaram immediately because a prima facie case against his criminality has been clearly established with irrefutable documentary evidence by Dr. Subramanian Swamy.

2.     The CBI is not functioning like the Central Bureau of Investigation. It is functioning as the CONGRESS BUREAU OF INVESTIGATION (CBI), CRIMINAL BUREAU OF INVESTIGATION (CBI), CRIMINAL BUREAU OF INSTIGATION (CBI), CRIMINAL BUREAU OF INSINUATION (CBI), CRIMINAL BUREAU OF INTIMIDATION (CBI), CRIMINAL BUREAU OF ILLEGALITY (CBI), CRIMINAL BUREAU OF IMMORALITY (CBI), etc., etc.

3.     No one can expect such a criminal body like the CBI to initiate tough action against a supremely corrupt Union Home Minister whose continuance in office poses a serious threat to our national security and territorial integrity.

4.     Since we have a President with criminal antecedents, we cannot expect her to initiate any action for the dismissal of P. Chidambaram invoking her powers under the Indian Constitution.

5.     We have a Prime Minister who is a WALKING CORPSE. His Cabinet is filled with first rate criminals who can be sentenced even by any third-class magistrate. They are the hollow and the stuffed men. The best tribute I can pay to the supremely corrupt UPA Government under the nominal control of a titular WALKING CORPSE will be in the words of the English poet T.S. Eliot (1888-1965). This poem is called “THE HOLLOW MEN”:

The Hollow Men

T. S. Eliot

Mistah Kurtz—he dead.

A penny for the Old Guy

      I

We are the hollow men

We are the stuffed men

Leaning together

Headpiece filled with straw. Alas!

Our dried voices, when

We whisper together

Are quiet and meaningless

As wind in dry grass

Or rats’ feet over broken glass

In our dry cellar

Shape without form, shade without colour,

Paralysed force, gesture without motion

6.     The Union Cabinet consists of International criminals like Chidambaram specially chosen by Sonia Gandhi, criminals specially selected and blessed by coalition partners like M. Karunanidhi etc., etc. P. Chidambaram is an inveterate liar. Kapil Sibal is an invertibrate liar. A.K Antony is an unctuous liar. Digvijay Singh is a servile liar. Manmohan Singh is a pusillanimous liar.

When I was finding myself at a loss to find the appropriate words to describe the criminality and bestiality of our Union Cabinet Ministers, I was thrilled to see a sublime quotation from Walt Whitman (1819-1892), the great poet of American Democracy. The powerful words used by Walt Whitman are absolutely applicable to the UPA Government’s Union Cabinet/Council Of Ministers:

WALT WHITMAN (1819-1892)

“While the members who composed it were, seven-eighths of them, the meanest kind of bawling and blowing officeholders, office-seekers, pimps, malignants, conspirators, murderers, fancy-men', custom-house clerks, contractors, kept-editors, spaniels well-trained to carry and fetch, jobbers, infidels, disunionists, terrorists, mail catchers, pushers of slavery, creatures of the President , creatures of would-be Presidents, spies, bribers, compromisers, lobbyers, sponges, ruined sports, expelled gamblers, policy-backers, monte-dealers, duellists, carriers of concealed weapons, deaf men, pimpled men, scarred with vile disease, gaudy outside with gold chains made from the people's money and harlots' money twisted together; crawling, serpentine men, the lousy combinings and born freedom-sellers of the earth.”

This stinking rich man whose unconscionable greed for filthy lucre has resulted in rampant plunders of the public exchequer will soon be fixed by the Supreme Court and despatched to Tihar Jail where he rightfully belongs. The silent, scheming Vishakanya and her slaves will no more be able to save him.

SCANDALOUS AND NATIONALLY SUBVERSIVE CBI COURT JUDGMENT

JUDICIALLY PERVERSE

LEGALLY SCANDALOUS 

AND

NATIONALLY SUBVERSIVE

CBI COURT JUDGMENT

By V. SUNDARAM I.A.S

All India General Secretary (Ideology), Janata Party

“Our Judges are not monks or scientists, but participants in the living stream of our national life, steering the Law between the dangers of rigidity on the one hand and of formlessness on the other.”-US Chief Justice Earl Warren.

I have derived my inspiration to write this Article from the following immortal words of BERNARD SHAW (1856-1950):

“I am, and have always been, and shall now always be, a revolutionary writer, because our LAWS make LAW Impossible; our Liberties destroy all FREEDOM; our Property is organized Robbery; our Morality is an Impudent  HYPOCRACY; our Wisdom administer by inexperienced or mal experienced Dupes, our Power wielded by Cowards and Weaklings, and our Honour False in all its points. I am an Enemy of the existing order. I speak even if none listens; I write even if none reads. I act on Voltaire’s Wisdom: The cowardice of the honest people ensures the success of the scoundrels.’”

Janata Party President Subramanian Swamy is absolutely right when he termed as “wrong”  the judgment delivered by the CBI Special Court on Saturday (4^th February 2012) dismissing his petition against Home Minister P. Chidambaram in the 2G Spectrum Case. Even a cursory perusal of the confused, confusing, wobbly and messy judgment given by the Special Judge shows that it is a classic, nay outstanding, INSTANCE OF HOW A JUDGMENT committed to upholding the Principles of the Rule of Law, Equality Before the Law and overriding Majesty of Law OUGHT NOT BE WRITTEN. Dr Swamy has said that he would prove his case against P Chidambaram in the Supreme Court.

Prima facie, Dr Swamy established a case against P. Chidambaram. My reading of the Judgment given by the learned Judge O.P Saini shows that by and large even he has not disagreed with Dr Swamy. And yet without Summoning P. Chidambaram to his Special Court, he has given a new, original and innovative definition of criminality on the part of P. Chidambaram by illegally denying Dr Subramanian Swamy, his fundamental right to cross examine P. Chidambaram in open court.

The request of Dr Swamy was that the Special Court should issue summons to Chidambaram. Without considering and conceding this simple and elemental legal request, the Special Judge has displayed all the vagaries of an Oriental Potentate and completed the case against Chidambaram in a summary manner without even summoning him to the court!

The most amusing and not totally innocent part of the judgment is this:

Up to Paragraph No.51 of the Judgment, the Special Judge is focussing on the known facts of the case. Then he springs a surprise in Paragraph No. 52 of the judgment which I am reproducing below:

Paragraph No.52. “LET ME MAKE A BRIEF SURVEY OF LAW RELATING TO CONSPIRACY”.

Is This Special Judge conducting a Mock Trial or an Imaginary Trial or a Fictitious Trial? Without Summoning P. Chidambaram to the Court, he has conducted a Mock Trial running counter to all known Canons of Both Substantive Law and Adjectival Law. I am unable to understand as to why the learned Judge is showing an extraordinary sense of urgency and anxiety to shift the focus of his attention from the corrupt deeds / misdeeds of P. Chidambaram attracting Section 13 of the Prevention of Corruption Act to the vague and vacuous “conspiracy theories” under the Indian Penal Code! The real joke is that Dr Subramanian Swamy never used the word “criminal conspiracy” in his Petition to the CBI Special Court for Summoning P. Chidambaram as a co-accused to the Special Court.

No wonder the learned Judge has been able to come to the following pre-determined, pre-judged and prejudiced conclusion declaring P. Chidambaram as innocent:

“60. NOW THE QUESTION ARISES AS TO WHAT IS THE ROLE OF MR. P. CHIDAMBARAM. THE ACTS ATTRIBUTED TO HIM BY THE COMPLAINANT ARE, HIS COMPLICITY IN FIXING THE PRICE OF THE SPECTRUM LICENCE AT 2001 LEVEL AND PERMITTING TWO COMPANIES, WHICH RECEIVED THE LICENCE, NAMELY, SWAN AND UNITECH, TO DILUTE THEIR SHARES EVEN BEFORE ROLL-OUT OF THEIR SERVICES”.

“61. HOWEVER, BOTH OF THESE ACTS, ATTRIBUTED TO HIM, ARE NOT PER SE ILLEGAL OR VIOLATIVE OF ANY LAW. HE AGREED WITH MR. A. RAJA NOT TO REVISE OR REVISIT THE ENTRY FEE OR SPECTRUM CHARGE AS DISCOVERED IN 2001. NON-REVISION OF PRICES IS NOT AN ILLEGAL ACT BY ITSELF. THE COMPETENT AUTHORITY IS ALWAYS AT LIBERTY TO DECIDE IN ITS DISCRETION TO NOT TO REVISE THE PRICES OR FEE FOR ANY GOODS OR SERVICES. THE SAME ENTRY FEE/ SPECTRUM CHARGES CONTINUED EVEN AFTER 2007-08. SAME IS THE CASE WITH DILUTION OF EQUITY BY A COMPANY. IT IS NOT PER SE ILLEGAL NOR WAS IT PROHIBITED AT THE RELEVANT TIME. HOWEVER, SUCH ACTS MAY ACQUIRE CRIMINAL COLOUR/ OVERTONES WHEN DONE WITH CRIMINAL INTENT”

A man with ordinary commonsense can only draw this reasonable inference from a Careful reading of Paragraph No. 61 of the highly politicized judgment, devoid of any Law or Justice, given by the Learned Judge quoted above. Even if a an avoidable public loss of Rs.175,000 Crores has been caused to the State Exchequer by the collective decision of A. Raja and P. Chidambaram NOT TO REVISE OR REVISIT THE ENTRY FEE OR SPECTRUM CHARGE AS DISCOVERED IN 2001, EVEN THEN IT IS NOT AN ILLEGAL ACT! In the same Paragraph No. 61 , the turgid  waters of Judicial confusion overflowing the known and time-honored and understood banks of Both Substantive Law and Adjectival Law, can be seen with amusement in the last two sentences of Paragraph No.61 “IT IS NOT PER SE ILLEGAL NOR WAS IT PROHIBITED AT THE RELEVANT TIME. HOWEVER, SUCH ACTS MAY ACQUIRE CRIMINAL COLOUR/ OVERTONES WHEN DONE WITH CRIMINAL INTENT.”

On the same set of facts, all the acts of Former Union Telecom Minister Raja are either illegal or criminal or both. Even though P. Chidambaram also sat with him in the same room, at the same time, on the same date, yet all the acts or actions of P. Chidambaram are neither illegal or criminal or both but actuated by the highest consideration of overriding and impersonal PUBLIC INTEREST. So much for the Rule and Reign of the Principles of the Rule of Law, Equality before the Law and the Overriding Majesty of Law in the CBI Special Court.

Just one day prior to the political verdict given by the learned Special Judge of the CBI Court on the 4^th of February 2012, the Supreme Court Judges Justice J.S Singhvi and Justice A.K Ganguly had given a historic judgment cancelling all the 2G Spectrum Licences issued by the UPA Government. These Licences were issued by former Union Telecom Minister A. Raja after a series of joint meetings with Pa Chidambaram, a fact which has been duly noted by the Supreme Court. This verdict of the Supreme Court indicts not only A. Raja but also P. Chidambaram and the Prime Minister Manmohan Singh. Against this background, the learned Special Judge giving an absolutely clean chit to P. Chidambaram to the effect that he is pure as a crystal and scrupulously honest beyond suspicion has indeed shocked all the conscientious and patriotic citizens of India.

The CBI Special Judge quotes from Dr Swamy’s Statement:

“This evidence reveals the connivance, collusion and the consent of the then Finance Minister Sh. P. Chidambram in the decisions taken by the then telecom Minister in the matter of:

A. Fixing the price of the spectrum licence; and

B. In the matter of permitting two companies, which received the licence, namely, Swan and Unitech, in dilution of shares even before roll-out of their services.”

Further:

“I have also brought on record evidence to show that Sh. Chidambram is also guilty of breach of trust in question of national security for not disclosing that Etisalat and Telenor were black listed by Home Ministry Advisory.”

After reporting these two allegations the confused and self contradicting CBI Judge makes a fantastic and fanciful claim in the very next paragraph:

“46. I may add that the complaint did not contain any allegations against Mr. P. Chidambaram, as is clear from a bare reading of the facts, extracted above in detail.”

Perhaps George Orwell (1903-1950) had learned Special Judges in view when he wrote the following immortal lines: “A scrupulous writer, in every sentence that he writes, will ask himself at least four questions, thus: ‘What am I trying to say? What words will express it? What image or idiom will make it clearer? Is this image fresh enough to have an effect? And he will probably ask himself two more: Could I put it more shortly? Have I said anything that is avoidably ugly? But you are not obliged to go to all this trouble. You can shirk it by simply throwing your mind open and letting the ready-made phrases come crowding in. They will construct your sentences for you --- even think your thoughts for you, to a certain extent --- and at need they will perform the important service of partially concealing your meaning even from yourself. It is at this point that the special connection between politics and the debasement of language becomes clear. Such a language is designed to make lies sound truthful and murder respectable and to give an appearance of solidity to pure wind.”

Thus we can see there will be a rush of unnecessary and irrelevant words like criminal conspiracy, social conspiracy, economic conspiracy and such a plethora of never ending conspiracies invading the text of the politically expedient and legally abominable judgments, making a mockery of any system of law.

Supreme Court Judge Justice G.S Singhvi in his judgment cancelling all the 2G Spectrum Licences has quoted the views of Shri Prashant Bhushan and Dr. Subramanian Swamy with approval. To quote the words of Justice G.S Singhvi:

“Both, Shri Prashant Bhushan and Dr. Subramanian Swamy pointed out that although the Prime Minister had suggested that a fair and transparent method be adopted for grant of UAS Licences through the process of auction, the Minister of C&IT casually and arbitrarily brushed aside the suggestion and granted licence to the applicants for extraneous reasons.”

In my considered view, not only the men in the Executive Arm of the Government, or the Legislative Arm of the Government but also the Judicial Arm of the Government ought not to take decisions on EXTRANEOUS CONSIDERATIONS.

The Judgment given by the CBI Special Court is bad in Law and worse in Justice. Truth and Justice have been choked to death with impunity using the impregnable umbrella of Judicial Independence. In 1954, Sir Winston Churchill told the House of Commons that Judges are required to conform to standards of life and conduct far more severe and restricted than that of ordinary people. The Prime Minister asked rhetorically: “What would be thought of a Lord Chief Justice if he won the Derby?” Not insularity but dignity, not cloistered or ostrich-like refusal to run away from the realities but an exalted aloofness with eyes open, heart sensitive and head ready to heed progressive humanism --- that is the Judge par exellance from Magistrate or Munsif to the highest on the Bench, attired and articulating the Law which binds all. The Robe Syndrome is a Pathology which must be therapeutised because the JUDGE & Co is run is a matter of profound public concern for a democracy. A Judicial Ombudsman is not an outrageous idea but a matter for deeper thought, public debate and delicate but constructive constitutional provision. TRUTH is subversive when UNTRUTH wears the mask of MAJESTY. But TRUTH will out someday. Let us midwife that day…. If Lawyers are polluted and Judges are contaminated, the institution of Law collapses. So it is necessary as part of the Grammar of Justice, Justices and Justicing that there should be a machinery to maintain the morality and morale of Justices and the high mores of the Fraternity. So I plead for a Judicial Commission to see the TRANSPARENCY and ACCOUNTABILITY become part of the Jurisprudence of Immaculate Justice.”