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2G Scam: No one found guilty in law, but claimed huge political cost

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2G Scam: No one found guilty in law, but claimed huge political cost

[vc_row][vc_column][vc_column_text]The acquittal of every single accused in 2G scam raised the obvious question: was there a scam at all in the first place, or was it an issue raked up by the then opposition – the BJP – merely for political purposes?

There is no question that the controversy over the 2G scam – and the various others that followed, including the CWG (Commonwealth Games) scam and coal scam that followed – gave a huge boost to the BJP, forced the sacking of its ministers, landed them in jail, paralysed the Congress-led UPA government, wiped out public trust in it and built up a surge of public resentment that fuelled an anti-corruption movement and culminated in the ascendancy of BJP under Narendra Modi to power.

Then a few days earlier, while convicting former coal secretary and Jharkhand chief secretary in a case related to coal scam, the court ruled that former prime minister Dr Manmohan Singh had been misled by the officers, practically clearing him of any responsibility. Meaning, the allegations against the ex-PM were false.

Now the special court set up by the Supreme Court to try the 2G scam case has acquitted all accused in the case, saying that the prosecution has not proved the charges against the accused in any of the cases. The issue relates to alleged irregularities in allocation of spectrum by the UPA government in 2008. The controversy blew up in 2009 and the first arrest was made in 2011 by the CBI.

On Thursday, Dec 21, pronouncing his order, special judge OP Saini said, “I have no hesitation in holding that record is not sufficient and the prosecution has miserably failed in proving charges. All accused are acquitted.”

The court has directed all acquitted persons to file a personal bail bond of Rs 5 lakh each to ensure their presence during appeal. CBI has been given 60 days to file an appeal.

The accused in the case include Dravida Munnetra Kazhagam (DMK) leaders A Raja and Kanimozhi, Raja’s ex-private secretary RK Chandolia, Reliance ADAG Group managing director Gautam Doshi, its senior vice president Hari Nair, group president Surendra Pipara, Swan telecom promoter Vinod Goenka, Unitech Ltd managing director Sanjay Chandra, Essar Group promoters Anshuman and Ravi Ruia, its director (strategy and planning) Vikas Saraf, Loop Telecom promoters Kiran Khaitan and her husband IP Khaitan, along with Loop Telecom Pvt Ltd, Loop Mobile India Ltd and Essar Tele Holding.

Reliance Telecom Ltd, Swan Telecom Pvt Ltd and Unitech Wireless (Tamil Nadu) Pvt Ltd were also among the accused.

In 2008, during A Raja’s tenure as telecom minister, 2G licenses were awarded on a first-come-first-served basis to new entrants and CDMA operators migrating to GSM technology, at the same price as in a spectrum allocation held seven years earlier.

A report submitted by the Comptroller and Auditor General of India (CAG), said that 2G licences had been issued to telecom operators at throwaway prices, causing a loss of Rs 1.76 lakh crore to the exchequer. Licences had been issued to applicants who had suppressed facts, disclosed incomplete information, submitted fictitious documents and used fraudulent means, the report said.

On 2 February 2012, the apex court cancelled 122 telecom licenses and spectrum allocated to nine companies in January 2008, holding that the process of allocation was flawed. The court directed that the spectrum or any natural resource must be auctioned.

The apex court verdict set the stage for an investigation and trial to prosecute those involved. The CBI had started investigation into alleged irregularities in spectrum allocation in 2009. In its chargesheet filed in April 2011 against Raja and others, CBI had alleged that there was a loss of Rs 30,984 crore to the exchequer in allocation of 122 licences for 2G spectrum which were scrapped by the Supreme Court on February 2, 2012.

The prosecution could not prove its charges against any of the accused in a case that rocked the country, toppled a government and was ranked by Time magazine as the second biggest instance of abuse of power in the world, after Watergate scandal. The then Comptroller and Auditor General (CAG) of the country had said it had caused a notional loss of a phenomenal Rs.1.76 lakh crore to the public exchequer.[/vc_column_text][vc_column_text css=”.vc_custom_1513850071156{padding-top: 5px !important;padding-right: 5px !important;padding-bottom: 5px !important;padding-left: 5px !important;background-color: #c9c9c9 !important;border-radius: 5px !important;}”]The case had put Congress and the DMK on the defensive and, as luck would have it, the verdict came on a day when Tamil Nadu sees a crucial by-poll being held in RK Nagar, late Chief Minister J Jayalalithaa’s constituency. DMK’s Marudhu Ganesh is contesting in the by-poll.[/vc_column_text][vc_column_text]As big as the alleged scam, and perhaps bigger in implications, was the politics based on it. The Congress was jubilant.

Former PM Manmohan Singh says, ‘the court judgement has to be respected. I’m glad that the court has pronounced that the massive propaganda against UPA was without any foundation.'[/vc_column_text][vc_raw_html]JTNDYmxvY2txdW90ZSUyMGNsYXNzJTNEJTIydHdpdHRlci12aWRlbyUyMiUyMGRhdGEtbGFuZyUzRCUyMmVuJTIyJTNFJTNDcCUyMGxhbmclM0QlMjJlbiUyMiUyMGRpciUzRCUyMmx0ciUyMiUzRSUzQ2ElMjBocmVmJTNEJTIyaHR0cHMlM0ElMkYlMkZ0d2l0dGVyLmNvbSUyRmhhc2h0YWclMkZXQVRDSCUzRnNyYyUzRGhhc2glMjZhbXAlM0JyZWZfc3JjJTNEdHdzcmMlMjU1RXRmdyUyMiUzRSUyM1dBVENIJTNDJTJGYSUzRSUzQSUyMEZvcm1lciUyMFBNJTIwTWFubW9oYW4lMjBTaW5naCUyMHNheXMlMkMlMjAlMjYlMjMzOSUzQnRoZSUyMGNvdXJ0JTIwanVkZ2VtZW50JTIwaGFzJTIwdG8lMjBiZSUyMHJlc3BlY3RlZC4lMjBJJTI2JTIzMzklM0JtJTIwZ2xhZCUyMHRoYXQlMjB0aGUlMjBjb3VydCUyMGhhcyUyMHByb25vdW5jZWQlMjB0aGF0JTIwdGhlJTIwbWFzc2l2ZSUyMHByb3BhZ2FuZGElMjBhZ2FpbnN0JTIwVVBBJTIwd2FzJTIwd2l0aG91dCUyMGFueSUyMGZvdW5kYXRpb24uJTI2JTIzMzklM0IlMjAlM0NhJTIwaHJlZiUzRCUyMmh0dHBzJTNBJTJGJTJGdHdpdHRlci5jb20lMkZoYXNodGFnJTJGMkdTY2FtVmVyZGljdCUzRnNyYyUzRGhhc2glMjZhbXAlM0JyZWZfc3JjJTNEdHdzcmMlMjU1RXRmdyUyMiUzRSUyMzJHU2NhbVZlcmRpY3QlM0MlMkZhJTNFJTIwJTNDYSUyMGhyZWYlM0QlMjJodHRwcyUzQSUyRiUyRnQuY28lMkY5V0Fod2pla3BoJTIyJTNFcGljLnR3aXR0ZXIuY29tJTJGOVdBaHdqZWtwaCUzQyUyRmElM0UlM0MlMkZwJTNFJTI2bWRhc2glM0IlMjBBTkklMjAlMjglNDBBTkklMjklMjAlM0NhJTIwaHJlZiUzRCUyMmh0dHBzJTNBJTJGJTJGdHdpdHRlci5jb20lMkZBTkklMkZzdGF0dXMlMkY5NDM3MzA4MTQ5OTg2MjYzMDQlM0ZyZWZfc3JjJTNEdHdzcmMlMjU1RXRmdyUyMiUzRURlY2VtYmVyJTIwMjElMkMlMjAyMDE3JTNDJTJGYSUzRSUzQyUyRmJsb2NrcXVvdGUlM0UlMEElM0NzY3JpcHQlMjBhc3luYyUyMHNyYyUzRCUyMmh0dHBzJTNBJTJGJTJGcGxhdGZvcm0udHdpdHRlci5jb20lMkZ3aWRnZXRzLmpzJTIyJTIwY2hhcnNldCUzRCUyMnV0Zi04JTIyJTNFJTNDJTJGc2NyaXB0JTNFJTBB[/vc_raw_html][vc_column_text]Congress leader and former minister in UPA government Kapil Sibal said, “It was a scam of lies… Vinod Rai (the then CAG) should apologise.”

“It’s most unfortunate that an atmosphere of suspicion was created and Opposition gets on the bandwagon that everything the UPA did was wrong. The telecom sector is in dire straits today, thanks to Vinod Rai and the leaders of the (then) Opposition in Lok Sabha and Rajya Sabha. Our stand has been vindicated,” he said.

Another Congress leader Manish Tewari, reacting to the 2G verdict said the former CAG Vinod Rai must apologize for an ‘imbecile’ report.

“Mr Rai, former C&G, must apologise to the nation for throwing presumptive sensational corrosive numbers into public discourse. He was author of imbecile 1.76 thousand crore loss theory that I had destroyed during my cross examination of Rai in the JPC. The court has affirmed JPC report,” Tewari said.

Former junior telecom minister Milind Deora said: “The CAG report allowed BJP to mislead the nation & play the role of a highly irresponsible opposition. This won them an election, but hurt India’s competitiveness & straddled banks with ₹4 lakh crore of debt resulting from license cancellations & auctions.”

DMK chief M Karunanidhi, who has been staying away from public life due to health issues, felt pepped up enough to say, “Injustice will be defeated, good deeds will triumph.” “Aneedhi veezhum. Aram vellum,” wrote. Karunanidhi in Tamil soon after the verdict was pronounced.

DMK supporters distributed sweets in celebration in Coimbatore after the acquittal of all the accused in 2G scam verdict.

His daughter and DMK leader Kanimozhi told journalists: “There is no evidence against me and justice has been delivered.”

Kanimozhi said, “I was falsely dragged into this which definitely left me scared. Now with this behind me I’ll do all I can to strengthen the party and work for the people of Tamil Nadu. I owe a debt of gratitude to my family and party workers who were a pillar of support to me and stood by me during these six excruciating years. The last 6 years have been harrowing to say the least. To be falsely accused in a case for a notional loss of Rs176 thousand crores to appease the opposition that was stalling parliament, is atrocious.”

Terming it a historic verdict, DMK working president and half brother of Kanimozhi, MK Stalin said, “This was a politically motivated case. It was a well planned one and with false figures, they built up arguments. Now, we are extremely delighted that everyone has been acquitted. I have a request for the media. When this case started, you blew it up so much to make sure everyone knew about it, now please make sure this judgement too gets as much visibility.”

Reacting to the development BJP leader Subramanian Swamy tweeted: “Govt. must prove its bonafides by filing an immediate appeal in High Court.”

Dr Subramanian Swamy was among those who had approached the court seeking a probe into the role of the then Union Home Minister P Chidambaram in the case. However, his plea was quashed by the Supreme Court.

Finance Minister Arun Jaitley, who had played a key role in designing the line of attack on UPA government in the case, said, “I am sure that the investigative agencies will have a close look at it (the judgement & acquittal of accused) & decide what has to be done.”

“The fact that the policy caused loss is clear form the fact that the subsequent auctions got a much higher price,” said Jaitley, according to ANI.

“Each & every case of spectrum allocation was quashed by SC (in 2012) as arbitrary & unfair, the policy was quashed as unfair & intended to cause loss to GoI & the govt was directed to have a fresh policy by which an auction would take place,” said an ANI tweet quoting Jaitley.

He further said, “Congress leaders are treating this judgement as some kind of a badge of honor & a certification that it was an honest policy. … This was a corrupt & dishonest policy, which has already been upheld by the Supreme Court in 2012,” said the ANI quoting Arun Jaitley.[/vc_column_text][/vc_column][/vc_row]

India News

Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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