Thursday, 21 December 2017

2G spectrum Verdict: No proof of scam, says Court. A scam of lies, says Congress


NEW DELHI: Holding that the 2G spectrum rip-off of 2008 turned into conjectured through a few humans a CBI courtroom on Thursday acquitted former telecom minister A Raja DMK chief K Karunanidhi s daughter Kanimozhi well-known businessmen bureaucrats and all different accused. It become a lovely twist in the case which in conjunction with other scandals came to symbolise the crony capitalism that allegedly flourished under UPA upsetting famous fury which helped BJP within the 2014 Lok Sabha polls. In his 1 552-page order unique judge O P Saini held that there was no criminality or conspiracy in spectrum allotment and stated some humans created a scam via artfully arranging a few decided on information and exaggerating things past popularity to astronomical levels . DMK MP Kanimozhi as she leaves the Court after she was acquitted in the 2G rip-off case in New Delhi. Others who had been acquitted included distinguished businessmen Ravi Ruia Anshuman Ruia I P Khaitan Shahid Balwa Vinod Goenka Sanjay Chandra former telecom secretary Siddharth Behura and R K Chandolia who served as PS to Raja in the telecom ministry. The order which got here seven years after the Supreme Court installation a special courtroom to try the accused categorically held that the arguable former telecom minister did no wrong and pinned the blame on multiple authorities groups - from Manmohan Singh s PMO to the ministries of finance and law in addition to DoT officers. Nobody believed the model of DoT and a huge rip-off was seen by each person wherein there has been none the order said. Saini also got here down closely at the CBI charging the business enterprise with shoddiness and drawing close the case in suits and starts offevolved. The choose who had earlier discharged another UPA minister Dayanidhi Maran of DMK and his brother Kalanidhi in a 2G scamrelated case said he had really no hesitation in maintaining that the prosecution miserably did not prove any charge towards any of the accused made in its nicely choreographed chargesheet . Congres celebrates BJP stands its ground The case pertains to the decision of Raja a nominee of DMK within the Manmohan Singh authorities to award 122 telecom licences in 2008 at 2001 costs which in line with CAG estimates resulted in presumptive loss of as much as Rs 1.Seventy six lakh crore. In addition Raja became accused of tweaking guidelines to favour pick out agencies in the allocation of spectrum and licences. CAG s locating and the allegations in opposition to Raja leading to his arrest and that of others by CBI triggered a war of words between the Congress-led UPA and BJP ensuing within the shutdown of Parliament for almost a whole session. Subsequently the SC cancelled the allocations and ordered sparkling public sale giving BJP ammunition for the 2014 Lok Sabha contest. Congress celebrated the decision saying BJP propaganda were uncovered while the saffron party stood its floor arguing that the Rs 2.5 lakh crore acquired in public sale of spectrum after the scandal proved the massive lack of sales. The court docket faulted the CBI for submitting a chargesheet primarily based especially on misreading selective studying non reading and out of context analyzing of the legit report . It also rubbished the CBI s declare that Raja misled the then PM. Instead it blamed PMO officers for misrepresenting statistics to the PM. Rs 200 crore bribe as mortgage At the heart of CBI s charge of unlawful gratification towards Raja changed into the Rs 200 crore money path it traced to Kalaignar TV which came from DB institution of Shahid Balwa. The courtroom after analyzing stories and documentary proof determined that the prosecution gave up its case in its entirety at some stage in the examination of witnesses as no longer a single query changed into positioned to any witness suggesting that Rs 2 hundred crore became paid as bribe or praise by using DB organization for grant of UAS licences. There was no single query that illegal gratification turned into dressed up as a mortgage . The different CBI case The other CBI case blanketed Essar institution s Ravi Kant Ruia Anshuman Ruia and Vikas Saraf and Loop Telecom s I P Khaitan and Kiran Khaitan and 3 groups. The CBI alleged that Loop Telecom was a front of Essar institution or changed into notably managed with the aid of it and as such it became now not eligible to use for UAS licences. The court docket cited that the CBI couldn't prove that Loop Telecom become a agency of Essar institution or become drastically managed with the aid of it. As a end result the charge of dishonest was dropped. The courtroom also held that the prosecution turned into unsuccessful in proving any of the ingredients both of the offence of conspiracy to cheat DoT or of the substantial offence of dishonest. So nobody made money in 2G scam no person flouted norms nobody turned into complicit at the same time as laying down an arbitrary first come first serve policy on antiquated pricing. In the cease the unique CBI court docket verdict on this case which stirred country wide moral sense for years and caused dying of UPA-authorities is just like the verdict in Jessica Lal homicide case and Aarushi and Hemraj homicide case: No one killed Jessica no one killed Arushi and Hemraj and now nobody caused 2G scam.File picture of Narendra Modi s meeting with DMK supremo M Karunanidhi. PTIWhat makes the lower courtroom order even extra curious as it comes over five-and-half of-years after -decide bench of Supreme Court said at the same time as cancelling 122 licences that A Raja absolutely gifted away the crucial countrywide asset at throw away costs .Armed with special CBI court docket order acquitting all accused in the 2G rip-off the Congress was returned to claiming zero sum loss and additionally traumatic clarification from the Prime Minister Narendra Modi and the BJP for having made it an difficulty in opposition to UPA.In Congress concept method the verdict has given them an opportunity to assert vindication and charge the BJP with a conspiracy to label the erstwhile Congress regime as neck deep in corruption or the maximum corrupt authorities ever.The Congress chest thumping has every other angle: It wants to bring a message to the its ally the DMK in Tamil Nadu that it become the BJP and no longer the Congress which changed into responsible for their plight where of its top leaders A Raja and Kanimozhi had the ignominy of being lodged in Tihar Jail for a extended period.A Raja changed into in jail for 15 months and Kanimozhi turned into in jail for six-and-half-months. The celebration s eagerness to strike a sparkling fraternal bond with DMK turned into heightened by way of Modi s marvel go to to DMK chief Karunanidhi s domestic in Chennai.The prime minister s visit broke the ice that was there for past decade and 1/2 among the BJP and DMK. Almost all own family contributors along with MK Stalin Kanimozhi and Karunanidhi s two better halves gave a warm welcome to Modi. The visit had the capability to adjust political alignment ahead of the 2019 popular election.In its enthusiasm to claim vindication to quote Finance Minister Arun Jaitley the Congress became treating the decrease courtroom verdict as a badge of honour the Congress and its pinnacle leadership seems to be experiencing some form of amnesia.Let us consider the facts: The 2G scam which passed off at some point of UPA-I came to the fore during UPA-II after a 2010 Comptroller and Auditor General (CAG) record alleged arbitrary allocation of spectrum to telecom groups by using the http://www.photo4u.it/profile.php?mode=viewprofile&u=76641 authorities led to a whopping loss of 1.Seventy six lakh crore to the nation exchequer.Vinod Rai the then CAG an IAS officer of impeccable credentials turned into appointed by using the Congress-led UPA government. Prior to that he served as secretary in finance ministry. It changed into now not the BJP but the UPA compelled by way of CAG report public anger and tough stance taken by way of the Supreme Court which initiated the CBI inquiry.It turned into the UPA and not the BJP which sacked then telecom minister A Raja. It changed into additionally at some point of the UPA regime that A Raja Kanimozhi and a whole lot of different humans had been sent to jail and denied bail for a long term. It turned into also at some point of the UPA rule that price sheet inside the case changed into filed and Supreme Court gave a series of stinging observations.It need to also be cited that during that duration when 2G rip-off changed into being furiously debated in media and all different public forums thereby raising political temperature and stirring popular psyche Narendra Modi become nowhere in image at least at the countrywide stage.The BJP became then accused of now not doing anything on its own but absolutely latching directly to what become said in CAG document and indictments made through the Supreme Court. The BJP would have failed in its responsibility if it had now not raised the problem with the force with which it did.The larger question which Thursday s verdict and Congress declare of honest play increases is: If there was no rip-off and no one become responsible then why did Supreme Court cancel all 122 licences allotted by means of the government and order auction of the equal?Remember the Supreme Court in its 2 February 2012 order while maintaining the allocation of spectrum as illegal and cancelling 122 licenses said that the procedure observed through  telecom ministry beneath A Raja directions become absolutely arbitrary capricious and contrary to public hobby aside from being violative of the doctrine of equality to favour some businesses at the value of the public exchequer .The apex courtroom also took on the Telecom Regulation Authority of India (TRAI) for its function in the complete episode announcing that the regulator s technique became lopsided and contrary to the selection taken through the Council of Ministers and its pointers have become a cope with for A Raja who clearly gifted away the crucial countrywide asset at throw away fees .A bench of Justices GS Singhvi and AK Ganguli also held that spectrum become a natural aid and herbal assets are vested with the government as a matter of accept as true with within the call of the human beings of India and it's far the solemn duty of the country to guard the national interest and herbal sources must constantly be used in the interests of the u . S . And no longer personal pastimes. It mentioned that there has been a fundamental flaw in the first-come first-served principle inasmuch because it includes an element of natural chance or twist of fate In matters regarding award of contracts or supply of licence or permission to apply public property the invocation of the first-come first-served precept has inherently dangerous implications. Jaitley indicated that the Modi government would enchantment within the excessive court docket. I am certain investigating businesses and prosecuting agencies will inspect it and determine what to do further inside the count number. The Congress need to now not don't forget this as some form of certificate of clean chit Jaitley said.Turning to its political implications: How will the decision impact politics and political alignments at the Centre? Though the DMK has long gone on report to say that it remains Congress best friend the truth that the fees had been framed in opposition to Raja and Kanimozhi when UPA became in power and were acquitted while BJP is in strength can make the Tamilian birthday party greater amenable closer to Modi and BJP in 2019 if it desires to be.Follow all of the LIVE updates from the 2G spectrum case judgment here New Delhi: A Delhi court today acquitted all of the 17 accused inside the 2G spectrum case which include former Telecom Minister A Raja and DMK chief M Kanimozhi after as the choose said the investigators did not prove that Mr Raja along with officers from groups that got the licenses for telecom offerings obtained kickbacks from personal corporations for the allocation of lets in causing a loss of Rs 1.Seventy six lakh crore to the government. The 2G rip-off became a few of the primary corruption scandals that erupted during former Prime Minister Dr Manmohan Singh s regime.Here is how the case unfolded:The technique of allotment of 2G spectrum and licences started out in August 2007. A Raja had taken over as Telecom Minister in May that yr. The deadline to use became fixed for October 1 2007 following which 575 applications were obtained with the aid of forty six corporations. In November Dr Singh wrote to Mr Raja to ensure honest licence allocation. In January 2008 the Department of Telecom (DoT) issued licences on first-come-first-serve basis (FCFS). However a yr later the Central Vigilance Commission (CVC) directed the CBI to investigate the allegations of illegalities inside the allocation of 2G spectrum. In October 2009 the CBI filed an FIR in opposition to unknown officials of DoT unknown personal individuals/organizations and others.The centre and Mr Raja have been given 10 days in September 2010 by means of the Supreme Court to respond to 3 pleas alleging a Rs 70 000-crore rip-off in the grant of telecom https://www.ulule.com/maketrip/ licences.Two months later the CAG submitted its file on 2G spectrum claiming losses of Rs 1.Seventy six lakh crore to the exchequer which followed Mr Raja s resignation. Mr Raja former Telecom Secretary Siddhartha Behura Mr Raja s erstwhile personal secretary Ravindra Kumar Chandolia and Shahid Usman Balwa promoter of Swan Telecom Pvt Ltd were arrested via the CBI in February 2011. The former telecom minister spent almost a yr in prison before getting bail. On April 2 2011 the CBI filed its first fee sheet and named Mr Raja Mr Chandolia and Mr Behura as the main accused. Reliance ADAG Group Managing Director Gautam Doshi its senior Vice President Hari Nair Group President Surendra Pipara Swan Telecom Promoters Shahid Usman Balwa and Vinod Goenka and Managing Director of Unitech Ltd Sanjay Chandra were additionally made accused inside the case. Three groups -- Reliance Telecom Ltd Swan Telecom Pvt Ltd and Unitech Wireless (Tamil Nadu) Pvt Ltd - had been additionally protected in the charge-sheet.Directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Agarwal Kalaignar TV Director Sharad Kumar and Bollywood producer Karim Morani are also accused within the case.In its second rate sheet it named DMK leader M Karunanidhi s daughter and lawmaker Kanimozhi and 4 others. Charges framed against all 17 accused in October 2011. Trial in the case began in November.Special Judge OP Saini who is exclusively managing the cases bobbing up out of the 2G spectrum rip-off has been listening to three cases- filed through the CBI and the third by using the Enforcement Directorate (ED).The second case worried Essar Group promoters Ravi Ruia and Anshuman Ruia Loop Telecom promoters Kiran Khaitan her husband IP Khaitan and Essar Group Director (Strategy and Planning) Vikas Saraf. Three companies Loop Telecom Ltd Loop Mobile India Ltd and Essar Tele Holding Ltd (ETHL) were also named in the rate sheet.The ED had filed a price sheet in April 2014 in opposition to Mr Raja Ms Kanimozhi Shahid Balwa Vinod Goenka Asif Balwa Rajiv Aggarwal Karim Morani Sharad Kumar and others in reference to a money laundering case relating to the scam.In its fee sheet the ED named DMK supremo M Karunanidhi s wife Ms Dayalu Ammal as accused and alleged that Rs 2 hundred crore was paid via STPL promoters to DMK-run Kalaignar TV. Former Prime Minister Manmohan Singh on 2G verdict A special courtroom on Thursday acquitted former telecom minister A Raja DMK MP K Kanimozhi and numerous commercial enterprise executives of expenses of corruption and lots of irregularities inside the 2G rip-off. When the rip-off got here to light in 2011 Kapil Sibal the then telecom minister had floated a zero-loss concept that draw sharp complaint from the Opposition. Here s what he had to say after today s verdict Your first response to the judgement. The judgement vindicates Congress ethical position at the 2G case. There isn't any corrupt reason there is no try to favour absolutely everyone there's no loss to the public exchequer. Allocation was achieved on extant policy. What approximately the ad hocism and policy gaps in the allocations? You can criticise any coverage. No coverage is best. The judgement vindicates our position that there was no rip-off no criminal activity. It disproves the allegation that the UPA changed into full of scams. The Supreme Court discovered all of the allocations arbitrary and illegal and quashed all the licences. How do you provide an explanation for that? It was the TRAI s opinion that the prevailing coverage can't be changed. As there might not be a stage playing area for all the gamers. This choice was universal by each level which include at the best stage. Was the SC choice to cancel all licences incorrect? Yes. The Supreme Court wrongly cancelled all licences. This has had a bad impact at the economy. It need to have cancelled the ones precise licenses wherein some incorrect become dedicated. After all foreign traders had added in huge money into the sector. The Supreme Court should now not have cancelled all licenses. A big a part of bank NPAs (non-acting property) is because of this. But the Supreme Court is right because it's far very last no longer because it is right. We can't appeal against its selection. That s why it's far final. The coverage delivered subsequent to the Supreme Court decision -- auction at marketplace charge -- has been disastrous. Is it a large political victory for you? Personally for me yes a massive political victory. Though I did now not take the decisions beneath venture as a minister it's miles a huge personal vindication for me. After inspecting the difficulty at period I had said at that point that there has been no loss (regarding his 0-loss concept) to the exchequer. After six years I stand vindicated. Will this judgment assist the Congress birthday party politically? Translate into votes? I sincerely wish so. Reacting to the acquittal of all accused in the 2G spectrum rip-off by using the unique Central Bureau of Investigation (CBI) court Bharatiya Janta Party (BJP) leader Subramanian Swamy alleged internal sabotage and known as on the authorities to without delay report an enchantment. Today s judgment is a completely horrific judgment this should be appealed in higher court docket Swamy the original petitioner within the case advised reporters outdoor the court docket.File photo of Subramanian Swamy. PTIThe unique CBI court earlier acquitted 19 accused together with former telecom minister A Raja and DMK chief Kanimozhi inside the Enforcement Directorate s money laundering case referring to the 2G scam.The Rajya Sabha MP also lashed out at former lawyer preferred Mukul Rohatgi and alleged internal sabotage . Rohatgi has welcomed this verdict I had written to Prime Minister Narendra Modi opposing his appointment as lawyer trendy. Rohatgi had appeared for a number of accused organizations Swamy stated.He also stated Rohatgi s appointment despatched out the wrong message and the humans will maintain the party responsible in 2019 for now not taking a company sufficient stance in opposition to corruption. All the human beings of the enterprise who had been accused have suffered enough licences cancelled they were additionally unable to journey overseas Rohatgi was quoted as pronouncing by way of news organization ANI after the decision.Swamy also condemned the managing of the case by the prosecution. Judge says earlier there was a number of enthusiasm however later it have become worse and worse. Judge additionally stated counsels had been lackadaisical. This is a large condemnation of the government s manage of the case Swamy said.He also stated that acquittal of the accused is an aberration and no longer a setback. It has been derailed but it may be placed again on track again supplied we've honest law officers and lawyers who don t do chamchagiri of ministers he introduced.The former commerce minister additionally alleged that the CBI below the Manmohan Singh government took over prosecution from him out of fear. The first private grievance in the 2G case became filed by using me. But the CBI below the UPA felt that letting me handle the prosecution turned into dangerous so additionally they filed an FIR. Now there's a clause which states that if there may be a personal grievance and a critical company additionally complains the two cases might be merged. They took over the case out of fear he said.Swamy also asked Modi to take a lesson from the verdict and said the authorities should now fight corruption on a battle footing.Click right here to comply with live updates on the 2G spectrum rip-off Updated: December 21 2017 eight:forty three pm 2G spectrum verdict: MP Kanimozhi and former telecom minister A Raja react after the courtroom acquitted them of all fees. (Express Photo by Tashi Tobgyal and Abhinav Saha) Former telecom minister A Raja Rajya Sabha MP Kanimozhi and 15 different accused were acquitted in the 2G spectrum case on Thursday. The verdict become said through the special CBI court docket in New Delhi. It changed into added on the instances lodged via CBI and Enforcement Directorate in opposition to A Raja Kanimozhi and others. The trial in 2G spectrum case which price the-then UPA authorities heavily started in 2011 after the court had framed fees towards 17 accused inside the CBI s case. All the accused in those cases have denied the allegations levelled against them via the CBI and the ED. In October 2011 the court docket had framed expenses towards them under numerous provisions of the IPC and the Prevention of Corruption Act coping with offences of criminal conspiracy dishonest forgery using as actual fake files abusing professional function crook misconduct via public servant and taking bribe. In its chargesheet filed in April 2011 in opposition to Raja and others CBI had alleged that there has been a lack of Rs 30 984 crore to the exchequer in allocation of 122 licences for 2G spectrum which were scrapped by using the Supreme Court on February 2 2012. 2G spectrum allocation case HIGHLIGHTS 08.15 pm: The Congress should now not be elated over the 2G rip-off verdict as the problem of prosecuting crook conspirators remains open Rajya Sabha MP Rajeev Chandrasekhar said. He stated he become no longer dissatisfied with the acquittal of former Telecom minister A Raja and DMK Rajya Sabha MP Kanimozhi. Also Congress must not be so much elated due to the fact the problem of prosecuting criminal conspirators continues to be open because the investigating corporations CBI and ED have already determined to move courts the MP stated. 08.00 pm: Why are they (Congress) chest thumping over temporary remedy? The CBI is going to document a review petition. The list in their corruption cases is see you later that I think it's far too immature for them to have a good time says BJP leader Sudhanshu Trivedi 07.40 pm: Former Union minister Prithviraj Chavan stated a terrible perception created by way of the BJP on the difficulty had hugely harm the Congress performance inside the 2014 elections. The BJP created a large negative public notion towards the Congress on 2G issue and spread bogus allegations without evidence Chavan said. 07.20 pm: Anil Ambani-led Reliance Group issued a totally quick declaration that it welcomes court docket verdict . 07.00 pm: Unitech s Sanjay Chandra who's in prison on orders of the Supreme Court for failure to allocate flats to owners said his organizations continue to pay the charge for a fraudulently foisted case. 06.30 pm: Enforcement Directorate (ED) to move an enchantment towards the judgement of the Special CBI Court 06.15 pm: Former Telecom minister A Raja after his acquittal issued a assertion saying his religion within the u . S . A . S justice device has been demonstrated after the judgment. In the assertion Raja said his movements while he turned into a telecom minister was to gain the loads to make wi-fi provider greater most economical and extensively to be had. He introduced that even he had delivered about a revolution within the telecom region the useful results of that have been loved by way of the people. 06.00 pm: Former High Court decide R S Sodhi said prosecution did no longer have enough fabric to set up its case. There changed into lack of proof. It speaks volumes of our judiciary. They had the pleasant unique public prosecutor in the count number. There was nothing inside the rely. A bubble became created and it has now been burst Sodhi stated. 05.50 pm: Senior endorse Vikas Singh maintained that rip-off was most effective if in any respect with reference to the eligibility being changed from first come first served. However the prosecution did no longer have enough materials to set up even that and that is why anyone has long past scot-free in this case he stated. 05.Forty five pm: Dushyant Dave stated it shows a botched-up research within the rely where the prosecution didn't show the case and this verdict creates severe doubts on the investigating corporations mainly most appropriate organization like the CBI. 05.35 pm: Senior endorse Ajit Kumar Sinha termed the outcome as unlucky . Politically it increases a critical state of affairs inside the usa. We should see it in the political spectrum in an extended manner. They (the CBI and ED) began on an excellent note and later it have become very very lacklustre and there was no evidence to corroborate nor it became excited about all sincerity and that truely caused acquittal of every and each accused and its unlucky he stated. 05.20 pm: We don t need to touch upon Court s verdict but it become the SC which had stated that the whole method turned into arbitrary and power corridors have been taking decisions so I suppose nothing greater wishes to be stated says Telecom Minister Manoj Sinha 05.10 pm: Former Attorney General Soli Sorabjee said he can not time period the judgement as exact or terrible without analyzing it however changed into brief to feature that this isn't always a very last verdict and may be tested in appeals before higher courts. It is simplest a special court verdict which may be appealed in opposition to. The CBI can enchantment inside the High Court. I have no longer read the judgement so cannot say if it was precise or awful said Sorabjee. 05.00 pm: Subramanian Swamy is within the addiction of making wild and false allegations. I had regarded for a number of these people at the time of grant of bail in SC in 2012. After I became AG I had nothing to do with the case. To make private allegations is meaningless says Former AG Mukul Rohatgi 04.00 pm: Congress leaders Ghulam Nabi Azad and Anand Sharma met Kanimozhi at her house in Delhi after her acquittal #2GScamVerdict percent.Twitter.Com/nvGY5Wfrlb ANI (@ANI) December 21 2017 03.50 pm: It has been derailed however it could be put again on the right track once more furnished we've got sincere law officials and lawyers who don t do chamchagiri of ministers says Swamy 03.34 pm: This is not a setback. It isn't the very last judgement says Swamy 03.40 pm: This is not a setback in any respect its an aberration as the law officers have been no longer severe on combating against corruption. So I desire the PM takes lesson from this. We should now fight corruption on conflict footing says Swamy 03.35 pm: Former AG Mukul Rohatgi has welcomed this verdict I had written to PM opposing his appointment as AG. Rohatgi had seemed for a number of accused companies says Swamy 03.34 pm: Judge says in advance there http://theunitypoint.org/members/maketrip/ was a variety of enthusiasm however later it have become worse. Judge also said counsels were lackadaisical. This is a large condemnation of the Govt s controlling of the case says Swamy 03.35 pm: BJP MP Subramanian Swamy addresses the media in Delhi put up the decision. Swamy stated Today s judgment is a very horrific judgement this have to be appealed in higher courtroom stated Swamy. 03.30 pm: Congress is looking for excuses to cowl up their fault. What does it have to say approximately the auctions which had been executed then? If Congress thinks this is a certificate to their corruption then congratulations to them says Union Minister Dharmendra Pradhan 03.15 pm: We are thankful to the Hon ble Court for the judgement because it vindicates our stated function and the Hon ble Court has well-known it says Essar Group 03.00 pm: CBI will attraction in opposition to special court verdict in 2G case in Delhi High Court says enterprise spokesperson Abhishek Dayal. 2.40 pm: Today s judgement has been prima facie tested

No comments:

Post a Comment