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Editor: NAGARAJA.M.R… VOL.7 issue.41…… .09/10/2013

A B C D of Democracy – A Lesson for all people’s representatives

HOW MPs ,MLAs , Ministers - PEOPLE’S REPRESENTATIVES MUST FUNCTION

People are the kings , self rulers in a democracy . Peoples representatives must just represent the wishes , aspirations of people. Example : PEOPLE are nothing but land owners , MPs , MLAs , people’s representatives are just GPA Holders. The Electorate – Citizens of India are SUPREME than Parliament , Ministers and all Other Institutions. When people in Jaitapur , Maharashtra state of India and People of Koodankulam , Tamilnadu are totally against a nuke plant in their area and they don’t want it , still the authorities are forcing this project over their head.

Since 66 years of independence , In India the learned IAS babus & Netas are forcing their agendas , SEZs , Projects over the people for their own selfish gains , against the wishes of people. This is not DEMOCRACY.

The people's representatives are bound to represent their people first , then their party & party think tanks. India has come to this sorry state of affairs , widespread corruption , huge black economy & rampant poverty, all due to inefficient legislations & enforcements.

These think tanks & IAS lobby, consider themselves as most super brains on earth & gives out suggestions . the present state of affairs is a barometer of their brilliance. Take just one case for the brilliance of our cabinet ministers & IAS babus , In India nearly 50 crore people are barely surviving on a single piece meal per day , hundreds of people are dying due to HUNGER & MALNUTRITION at one end at the other end thousands of tonnes of food grains are rotting away , wasted in FCI Godowns (ie the food procured by the government) , what brilliant ministers & IAS officers ? These think tanks & IAS lobby are the hand maidens of lobbyists / bribers.

Now consider the following example :
Mr.raj gandhi is a member of parliament from mandya constituency in karnataka state. He is a MBA graduate & member of ruling Indian progressive party. The multinational giant M/S GREY HOUND CORPORATION wants to enter into paper manufacturing business in india. It's sight falls on the public sector paper giant mandya national paper mills (MNPM) in mandya district of karnataka. The MNC effectively lobbies with the government. The ruling party think tank & the cabinet advisory group recommends to the government to make strategic
disinvestment in the PSU M/S MNPM. They bring out graph with full power point presentation stating that it is good for the company as well as the government. The lobbyists follows it up with media reports on the positive aspect of strategic disinvestment. A favourable impression is created in the minds of literate public. The cabinet
committee okays it.

The " strategic dis investment issue " comes before the parliament for legislation / approval. The ruling party issues a party whip to it's members to vote in favour of dis investment. However M.P mr.raj gandhi who is an MBA in his own wisdom also favours the dis investment. However ,most importantly the constituents – people in mandya parliamentary constituency through protest marches , mass post card campaigns lakhs in numbers expresses their disagreement with the dis investment & urges their MP mr.gandhi to vote against the disinvestment legislation.

On the D-day in parliament , mr. Raj gandhi as per his party whip & his own wisdom votes in favour of strategic disinvestment legislation, much against the wishes of his people , constituents & mis represents them in parliament. the democracy has failed here. in This way democracy is being derailed since 62 years in india.

In democracy, party whip , MP or MLA's own wisdom / brilliance, think tank & IAS lobby recommendations are all secondary , the constituent's of his constituency , people's wishes aspirations are of primary importance & supreme. What people need is a honest
representative, who simply delivers the people's aspirations on the floor of the house back & forth , without superimposing it with his own ideas & party ideas. For true democracy , the people's representatives must be true postmans.

Towards this end , the people must be educated about their democratic rights & responsibilities. This is an appeal to the honest few in the parliament & state legislatures to weed out their corrupt colleagues , lobbyists, to uphold the dignity of the house & to install democracy in it's true form. Jai Hind. Vande Mataram.

Your’s Sincerely,

Nagaraja.M.R.

Editorial : Honor of Indian Parliament for sale by few members

- Contempt of Supreme Court of India

"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan.

Now , GOI has brought an ordinance to facilitate criminals to stand for election & to enjoy power , there is no social goodwill in this act at all. A convicted person cann’t apply for government jobs , a jail bird either an undertrial or a convict is not permitted to vote in elections , where as a jail bird can stand for elections. What a paradox , illogical thing. Although belated supreme court has done the right thing in barring criminals from standing for elections and upholding the right of people to express negative voting in elections.

The present move of GOI passing an ordinance favoring criminals to enter parliament does no good to the public , but damages the public. The act of GOI is nothing but CONTEMPT OF SUPREME COURT OF INDIA by all cabinet members of the GOI. The supreme court must initiate contempt proceedings against the cabinet ministers of GOI.

It is a shame that years ago four members of parliament were caught red handed on charges of human trafficking that too misusing their official passports. We have seen in the past various crimes by M.Ps
- questions for money , kickbacks , Release of money under MPLAD Scheme , etc. In the past we have seen vulgar behaviour of some members in the house , state legislature , remember vulgar acts of Mr.Bora Babu Singh & vulgar acts by some MLAs against Ms.Jayalalitha .Now , it is “Cash for Vote” in trust vote & nuclear cap bill . We ordinary citizens have utmost respect for all constitutional bodies. Disrespect , contempt to constitutional bodies is being shown by some of the constitutional functionaries themselves , they are also making contempt of citizens of India.

this present sorry state of affairs is due to the caste consciousness of the electorate. The public instead of seeing the honesty , integrity of electoral candidates looks just at his caste , in this trend they elect persons
who belongs to their caste even though he is dishonest , untrustworthy & a criminal . Now , the number of criminals , density of criminals ( who are masterminds in evading conviction ) is more in elected houses of people's representatives - parliament , state assemblies , panchayaths , corporations , etc than in the jails , outside public society . HRW is ready to prove this subject to conditions , in larger public interest. Our people's representatives must learn classroom discipline , punctuality of attendance , home work , from little kids
of primary school.

We have won the independence by the hard way , by the innumerable sacrifices made by great martyrs like mahatma Gandhi , Nehru , bhagath singh , etc. The criminals who have occupied constitutional positions
don't have any right to squander that hard won independence of Indians. The disgrace , contempt to august house of people's representatives is brought upon itself by the corrupt people's representatives themselves.
We at HRW , have highest regards for the institution of parliament , this is an appeal to the honest few in the parliament to bring to book their corrupt colleagues & to uphold the dignity of the house .

JAI HIND. VANDE MATARAM.

Your's sincerely,
NAGARAJ.M.R.

Voter has right to negative voting: Supreme Court

In a significant verdict, the Supreme Court Friday said that for a vibrant democracy the voter has the right to negative voting by rejecting all the candidates in fray by exercising the option of None of the Above (NOTA) in EVMs and ballot papers.
The apex court bench of Chief Justice P.Sathasivam, Justice Ranjana Prakash Desai and Justice Ranjan Gogoi said that negative voting would gradually lead to systemic changes as political parties will have to respect the will of the people in selecting their candidates.
Pronouncing the judgment, Chief Justice Sathasivam said the mechanism of negative voting is necessary and vibrant part of democracy. The court directed the election commission to introduce a button providing for NOTA in the EVMs and also in the ballot papers.
It asked the central government to provide all assistance to the election commission in introducing NOTA option in the EVMs and ballot papers. The People's Union for Civil Liberties (PUCL) had moved the apex court in 2004 with a plea that voters should have a right to negative vote, saying that it does not want to vote any of the candidates listed in EVM.
It had sought directions to Election Commission (EC) to make provision in the EVMs providing option "None of the Above" and the right to say NOTA should be kept secret. The apex court bench of Justice BN Agrawal (since retired) and Justice GSSinghvi by their Feb 23, 2009 judgment while referring the matter to a larger bench had framed two questions for the court to examine "whether the right of voter to exercise his choice for the candidate is a necessary concomitant of the voter's freedom of expression guaranteed under Article 19(1)(a) of the Constitution".
The court on the second aspect had said, "We are further of the view that width and amplitude of the power of the (Election) Commission under Article 324 needs further consideration by a larger Bench in the light of the (earlier) judgments of this court whereby the elector's right to be informed about the assets and antecedents of the persons seeking election to the legislature has been duly recognised".

MPs, MLAs will be ousted soon after conviction in a criminal case: SC

New Delhi: The Supreme Court in a landmark verdict on Wednesday ruled that a lawmaker convicted in a criminal case by any court will lose the membership of either Parliament or state Assembly the moment he or she gets convicted. While giving the ruling the apex court also declared Representation of the Peoples Act Section 8(4), which allows a convicted lawmaker to remain in office till the pendency of appeal, as ultra vires. "The only question is about the vires of section 8(4) of the Representation of the Peoples Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction," a bench of justices AK Patnaik and SJ Mukhopadhaya said.

The verdict made it clear that those who are convicted will be barred from contesting elections. The apex court also sought to remove the discrimination between an ordinary individual and an elected lawmaker who enjoys protection under the Representation of the Peoples Act. ALSO SEE SC bars convicted MPs, MLAs from Parliament and Assemblies Under Sec 8(3) of the RPA, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified for that and a further six years after release. The following sub-section 8(4) says a lawmaker cannot be disqualified for three months from the conviction and if in that period he or she files an appeal against till its disposal by a higher court. The Election Commission in its reports from time to time has been seeking amendment of the law for removal of the incumbent advantage to elected MPs and MLAs convicted of various offences. The Centre had defended the RPA provision by arguing that disqualifying convicted MPs and MLAs would destabilise governments surviving on a "razor edge thin majority". Political parties, too, have been resisting change on the ground that ruling dispensations bring false charges out of political vendetta to keep rivals out of election process. Following the verdict, parties will find it difficult to give tickets to tainted individuals and will be forced to look at the possibility of members being convicted at a later stage. Since a clear distinction between facing charge and convicted has been made, the likes of former Bihar chief minister Lalu Prasad and former Haryana chief minister OP Chautala could find the going tough if immediate legal relief is not provided to them. According to the findings of ADR, an NGO, 162 sitting MPs face criminal charges in various cases of which 76 involve offences punishable with imprisonment of more than five years. Similarly, a total of 1,460 MLAs face criminal charges in various courts and 30 per cent of these are punishable with more than five years' imprisonment. The apex court's verdict came on petitions filed by a lawyer Lily Thomas and NGO Lok Prahari through its secretary SN Shukla who had sought striking down of provisions of RPA on the ground that they violate certain constitutional provisions which, among other things, expressly put a bar on criminals getting registered as voters or becoming MPs or MLAs. The PILs had said that certain sections of RPA allow convicted lawmakers to continue in office while their appeals are pending and thus those provisions are "discriminatory and encourage criminalisation of politics". Political parties were guarded in their response. The BJP, Congress and CPI said that such verdicts needed to be studied carefully before any comment could be made. "If you are convicted, you cannot contest elections. However, if you are a sitting MP or MLA, and if your appeal is accepted, then you can retain the position. A lot of questions have been raised on the verdict. Many also termed it discriminatory. The party will comment on this later after studying the court verdict," said BJP spokesperson Ravi Shankar Prasad. "We have to see the order on disqualification and decide what to do next," said Union Telecom Minister and Congress MP Kapil Sibal. On the other hand CPI leader D Raja called it a judgement that will affect the polity of the country. "Political parties need to understand this judgement. They would need to train their members accordingly. This judgement is going to have an impact on the polity of the country. This needs to be studied thoroughly. It's an important judgement and is bound to have far reaching implications," he added. Crime & politics (Source: National Election Watch & ADR: 1448 MPs/legislators have criminal cases pending against them. 641 MPs/legislators have ongoing criminal cases like rape, murder etc against them. 6 MPs/legislators have declared rape charges in the affidavit submitted to the Election Commission. 141 MPs/legislators have declared murder charges in the affidavit submitted to the Election Commission. 352 MPs/legislators have declared attempt to murder charges in the affidavit submitted to the Election Commission. 145 MPs/legislators have declared theft charges in the affidavit submitted to the Election Commission. 90 MPs/legislators have declared kidnapping charges in the affidavit submitted to the Election Commission. 75 MPs/legislators have declared dacoity charges in the affidavit submitted to the Election Commission. 162 MPs in Lok Sabha have criminal cases pending against them. 75 MPs have serious criminal charges against them.

Read more at: http://ibnlive.in.com/news/mps-mlas-will-be-ousted-soon-after-conviction-in-a-criminal-case-sc/405598-37-64.html?utm_source=ref_article

Porn row: Three BJP ministers resign, barred from Assembly

A day after being caught on camera watching a porn clip in the Karnataka Assembly, three BJP ministers resigned today after an embarrassed party leadership cracked the whip.

A red-faced BJP swiftly went into a damage control mode asking Cooperation Minister Laxman Savadi and Women and Child Development Minister C C Patil to quit while Minister for Ports, Science and Technology Krishna Palemar was axed for allegedly providing the blue film to them.

The three ministers were also barred by Speaker K G Bopaiah from attending proceedings of the Assembly till a House inquiry committee submits report on March 12.

In his ruling, Bopaiah asked the three to give an explanation by February 13 and their reply would be placed before the proposed six-member inquiry committee, comprising two members each from BJP, Congress and JDS.

Till then, the three are barred from attending the Assembly, Bopaiah said in his order as the unsavoury episode rocked the House and provided a fodder to the opposition to take on the ruling party.

Savadi and Patil were caught on camera yesterday while they were viewing the porn video footage inside the state assembly during the proceedings, an incident that battered the image of the Sadananda Gowda Government and BJP and triggering widespread condemnation across the state.

"We don't want the party and the government to face further embarrassment. All of us have decided to resign. We have handed over our resignation letters to Chief Minister with a request to accept it," Savadi, Patil and Palemar told reporters. Savadi claimed they have done no wrong.

The direction to the ministers to quit came after the BJP summoned the trio and told them to put in their papers at a meeting attended by top leaders including Gowda, state BJP President KS Eswarappa and former chief minister B S Yeddyurappa.

The meeting took place close on the heels of BJP President Nitin Gadkari speaking to Gowda and Eswarappa and directing them to initiate action against the three ministers, party sources said.

Losing no time after the ministers fell in line, Chief Minister DV Sadananda forwarded the resignations to Governor HR Bhardwaj who accepted them immediately but that did not satisfy the opposition which created a big ruckus in the assembly demanding the disqualification of the three as MLAs.

BJP Government, already hit by a series of corruption charges, faced acute embarrassment as the fresh controversy exploded in its face after regional TV channels, which recorded the act of the ministers flipping through the porn clippings on their mobile phones, aired the footage yesterday.

Sadananda Gowda said the three ministers had sought a probe into the issue as they maintain that they only watched a clipping that was sent to their mobile and were confident of proving their innocence.

After meeting the party leaders, the three described themselves as "loyal soldiers of the party" and said, "We do not want to further embarrass the government and the party... But we have not committed any crime".

The exit of the ministers did not satisfy an agressive opposition which also demanded registering criminal cases against them apart from summary disqualification.

Speaker's announcement of a committee to probe the issue also failed to pacify the agitated opposition members with the Congress announcing boycott of the panel.

"Why should there be a committee. They have admitted to watching the clips. Please disqualify them," Opposition Congress leader Siddaramaiah insisted and staged dharna in the company of JDS members in the House.

The incident led to curtailing of the assembly session by two days, as Bopaiah adjourned it sine die.

"Yes the incident has embarrassed the party", Eswarappa admitted even as Gowda maintained that the three ministers resigned on their "own".

Karnataka witnessed protests at several places by Congress activists who condmened the incident.

With the exit of three more ministers, the list of BJP Ministers in the state who have made dishonourable exit in the last four years has risen to seven.

The present row has brought down the strength of the Gowda ministry to 24, leaving 10 ministerial vacancies.

The central leadership showed the door to BS Yeddyurappa based on the Lokayukta report on illegal mining.

Former minister SN Krishnaiah Setty had to resign from the Yeddyurappa ministry after he faced charges of land scam, followed by Katta Subramanya Naidu on similar allegations while rape charges forced H Halappa to quit as minister.

Two Karnataka ministers caught watching porn film in assembly

BANGALORE: Two BJP ministers in Karnataka - Lakshman Savdi and C C Patil - were allegedly caught watching porn film clips on the former's mobile phone on the floor the state legislative assembly on Tuesday. While Savdi holds the cooperatives' portfolio, Patil is the minister for women and child development.

The ministers were caught in the act even as the house was in the middle of a heated debate on the recent hoisting of the Pakistani flag at Sindagi in Bijapur district. Close-up shots of the ministers watching blue films were beamed on television channels in the evening and sparked a furore. The television visuals showed both the ministers sitting next to each other, gazing into Savdi's handset and bantering on. This is for the first time that the Karnataka assembly is rocked by such a scandal.

Soon after the news broke, Opposition leader Siddaramaiah and JD(S) leader YSV Datta demanded resignation of the ministers. They said the ministers were elected by the people and such an act is nothing short of an insult to the people. "Disgraceful. This should not have happened," said D H Shankaramurthy, chairman of the legislative council.

The issue expected to generate lot of heat since the legislature will be in session up to Friday. Speaker K G Bopaiah and both the ministers could not be reached immediately for comments.

2G scam: Supreme Court details how Raja ignored all to help cronies

The SC order said quite clearly that then telecom minister A Raja "wanted to favour some companies at the cost of the public exchequer" and lists seven steps he took to ensure this happened. Here are the steps as the SC saw them:

1. After taking over as telecom minister, Raja directed that all applications received for UAS licences should be kept pending till receipt of the Trai's recommendations

2. The recommendations made by Trai on August 28, 2007, were not placed before the full Telecom Commission which would have included the finance secretary. The notice of the meeting of the Telecom Commission was not given to any of the non-permanent members though Trai's recommendations for allocation of 2G spectrum had serious financial implications and it was therefore necessary for DoT to take the finance ministry's opinion under the Government of India (Transaction of Business) Rules, 1961.

3. The DoT officers who attended the Telecom Commission meeting held on October 10, 2007, had no choice but to approve Trai's recommendations, since they would otherwise have "incurred" Raja's "wrath".

4. Since Cabinet had approved recommendations made by the Group of Ministers, the DoT had to discuss the issue of spectrum pricing with the finance ministry. But, since Raja knew that the finance secretary had objected to the allocation of 2G spectrum at rates fixed in 2001, he did not consult the finance minister or other officials.

5. Raja brushed aside the law minister's suggestion that the matter should be placed before the empowered group of ministers. Also, within hours of the receipt of the suggestion made by the PM in his letter dated November 2, 2007, that keeping in view the inadequacy of spectrum, transparency and fairness should be maintained in allocation of the spectrum, Raja rejected it saying that it would be unfair, discriminatory, arbitrary and capricious to auction spectrum to new applicants because it would not give them a level-playing field. He also introduced a cut-off date of September 25, 2007, for considering applications though only the previous day a DoT press release had said October 1, 2007, would be the last date. This arbitrary action of Raja "though appears to be innocuous was actually intended to benefit some of the real estate firms who did not have any experience in dealing with telecom services and who had made applications only on 24.9.2007, i.e. one day before the cut-off date fixed by the C&IT minister on his own".

6. The cut-off date of September 25, 2007, decided by Raja on November 2, 2007, was not made public till January 10, 2008, and the first-come-first-served principle followed since 2003 was changed by him at the last moment through a press release dated January 10, 2008. "This enabled some of the applicants, who had access either to the minister or DoT officers, get bank drafts prepared towards performance guarantee of about Rs 1,600 crore".

7. "The manner in which the exercise for grant of LoIs to the applicants was conducted on 10.1.2008 leaves no room for doubt that everything was stage managed to favour those who were able to know in advance change in the implementation of the first-come-first-served polcy." As a result, some firms which had submitted applications in 2004 or 2006 were pushed down in the priority and those who had applied between August and September 2007 succeeded.

QUESTIONS FOR MONEY - PARLIAMENTARY ACTS / LEGISLATIONS FOR ???? - improper functioning of democracy in india

The vohra committee report has proved the criminalisation of politics
in india. There are many number of criminals in the parliament & state
legislatures. Some of those criminals are cabinet ministers as well as
members of vital parliamentary committees. Thereby, they are in a
position to manipulate , enact laws favouring , benefitting the
criminals their cronies.
Just see how the GOI gave export incentive of Rs.1800 crore to
reliance petroleum although it didn't even export a barrel. Reliance
infocom & tata teleservices were CDMA mobile service providers & have
paid license fee of few crores only equal to landline fees without any
competitive bidding . They were supposed to provide mobile service to
operate like fixed phones within a radius of 40k.m. however they were
providing service like mobile service from one state to another like
GSM mobile service providers. By this act of RIC & TTSL , the GSM
providers who have paid thousands of license fee in competitive
bidding were economically hurt , the dispute went to court. The court
was on the verge of pronouncing it's verdict awarding damages worth
Rs.18000 crore to GSM players & Rs. 3000 crore of license fees with
penalty to GOI. The government announced a unified telecom license
regime with retrospective effect. Thereby, the GOI lost thousands of
crores of rupees & the share holders of GSM players lost thousands of
crores. Onceagain the RIC was charged by PSU bsnl THAT RELIANCE IS
RE-ROUTING INTERNATIONAL CALLS AS LOCAL CALLS & SWINDLING THE GOI.
This time too, GOI bailed it out. during the dispute between ambani
brothers the younger ambani mr. Anil ambani director of reliance
himself has stated that for the favours received from the GOI , the
company gifted some shares to then IT &
COMMUNICATIONS MINISTER mr.Pramod mahajan. Various indian &
multinational companies are lootingindian exchequer to the tune of
thousands of crores of rupees , through lobbying / bribing.

In india, indirect democracy is the form of governance. In this form,
people's representatives are bound to raise the questions , issues
concerning their constituents on their behalf , on the floor of the
house. However the sad part in india even after 58 years of democracy
, is the lobbying is at it's peak. The lobbying is a gentleman's white
collared crook's way of forming favour seeker's group , creating a
corpus to pay lumpsum bribe & influencing decision making. The
people's representatives are bound to represent their people first ,
then their party & party think tanks. India has come to this sorry
state of affairs , widespread corruption , huge black economy &
rampant poverty, all due to inefficient legislations & enforcements.
These think tanks & IAS lobby, consider themselves as most super
brains on earth & gives out suggestions . the present state of affairs
is a barometer of their brilliance. These think tanks & IAS lobby are
the hand maidens of lobbyists / bribers.

When everybody else does the mistake , wrong doing , indulges in corruption , judiciary alone must be pure like virgin to punish & guide the wrong doers. Now , the apex court of the land & the highest judicial officer of the land , the conscience keeper , protector of rights , Constitutional guardian of the land – The Honourable Chief Justice of India himself Has been found guilty . SHAME SHAME.

Nowadays , we are seeing criminalization of politics , judiciary & police. The rowdy elements have become MLAs & MPs & frequestly indulge in fisticuffs , vulgar abuses in the precincts of the house itself . These rowdy elements take money for asking questions in the parliament , to vote for bills & for a price pass legislations favouring lobbies of rich crooks. The police frame , torture innocents & let out rich crooks for a price . For a price police destroy evidences , records and create fake records , evidences. Finally there are judges who issue arrest warrants , give bail , give acquittal & pass favourable judgements ALL FOR A PRICE . SHAME SHAME . These corrupt judges , police , MPs , MLAs each take salary & perks far exceeding lakhs per annum , but serve rich crooks instead of Indian Public. These corrupt are parasites & deadlier , state enemies than naxalites , terrorists. Democracy in our country , our hard won national independence is endangered by these parasites , corrupt judges , police & people’s representatives only. These parasites themselves are responsible for origin & growth of naxalism / terrorism in india .

These corrupt parasites will feel , understand the pain only when they also suffer in the same manner. Let us pray to almighty – In whose Court of justice MATCH FIXING is not there & every body is equal , let us pray to that god to give these corrupt parasites ghastly deaths nothing less nothing more.

Legislate LOKPAL Bill

With whole hearted respects to the parliament & all constitutional bodies , hereby we are appealing to the honest few in public service , honest few in parliament , honest few in judiciary & honest few in police , to legally prosecute their corrupt colleagues , to legislate “ LOKPAL BILL” with full powers to enforce accountability of all public servants , MPs , MLAs , Police , etc to the citizens of india.

Citizens of india are supreme in democratic republic of india. parliament , MPs , MLAs are creations of citizens and are subservient , subordinate to the citizens of india. Creations cann’t be supreme than the creator.

Vohra committee has officially acknowledged the criminalization of politics , parliament , legislatures. The politicians crave for power because , while in power investigating / prosecuting agencies will be under their control / influence and they can manipulate the legal process , WHITE WASHING all their crimes. Just see , recently union home minister Mr.Chidambaram influencing the delhi police for closing a cheating case against a builder by forcing the police to file “B” report. Politicians stoop low to such levels , to make money Ex : irregularities in purchase of coffins meant for kargil martyrs , allotment of flats meant for war widows , war veterans at Mumbai.

If proper accountability of public servants is legally enacted, independence , autonomy of judiciary & police is legally enacted , then those in power cann’t WHITE WASH their own crimes. That is the reason many political parties are opposing “LOKPAL BILL” since decades under many pretexts.

Subject to conditions , I do offer my services to the government of india & supreme court of india , to legally apprehend CRIMINALS , CORRUPT PUBLIC SERVANTS , ARE YOU READY ?

FUNDAMENTAL RIGHTS OF CITIZENS Vs PRIVILEGES OF CONSTITUTIONAL FUNCTIONARIES IN INDIA

Let the Legislators of states, members of parliament, High courts & Supreme Court Judges & other constitutional functionaries answer the following questions which are vital in a democracy.

1) What are the fundamental rights of a citizen guaranteed under the constitution (Article 21) ?

2) What are the privileges conferred on legislators & parliamentarians by the constitution of India?

a) Inside the House b) Outside the House

3) What are privileges conferred on constitutional functionaries, like

a) President of India b) Prime Minister of India

c) Chief Justice of India d) Chairman of NHRC

e) Central Vigilance Commissioners.

4) Are the privileges legal immunity conferred on above mentioned constitutional functionaries ?

a) Cover all their official actions irrespective of merit.

b) Cover both their official & personal actions.

5) Are the privileges defined & codified ?

6) Are these privileges above freedom of the press ?

7) Are the liberty & fundamental rights of the citizens guaranteed by the constitution, above the privileges of the constitutional functionaries or equal or below ?

8) Can the Indian legislatures & parliament be equated to the House of commons in England which is considered to be a superior court and court of records ?

9) Can the division of powers, namely the legislature, the executive and the Judiciary, be equated to the functioning of the House of commons and House of Lords in England ?

10) Can a citizen be said to have committed breach of privilege of the House or court and causing contempt of the house or court by raising the issues of accountability of constitutional functionaries ?

11) Can a Legislature or Parliament enact a new law, to circumvent or to nullify the Judicial orders with respect to wrongdoings by peoples representatives & executive ? does not it amount to infringement of Judicial powers & contempt of the court by the House.

12) Are the FUNDAMENTAL DUTIES of a citizen more important than constitutional duties of a constitutional functionary or equal in importance to it ?

13) Can a constitutional functionary commit crimes, anti-national activities in the name of constitutional duties, behind the legal veil of official's secret act & go unaccountable for his actions and go unpunished by his legal immunity privileges ?

14) Are the Legislators members of parliament, High court & Supreme court Judges and other constitutional functionaries not willing to codify their privileges for the reason that if codified their privileges would be curtailed and their action would be subjected to legal scrutiny. ?

15) By votes of citizens Legislators and parliamentarians get seats in the legislature and Parliament out of tax payer's money, they get their pay, perks & lead 5-Star luxurious lifestyles. Hence whether a vote of a citizen is above (More valid) or a seat of legislator or parliamentarian is above or more valid in a democracy ?

16) Judges & Constitutional functionaries are indirectly appointed by voters / tax payers. Out of tax payers money, they get their pay, perks & lead 5-star luxurious lifestyles. Hence, whether the vote of a citizen, fundamental duties of a tax payer is above (more valid) or a seat of judge / constitutional functionary is above (more
valid) in a democracy ?

17) If there is a vacuum in the Legislature or parliament, who is to fill up that vacuum till such time that the legislature or parliament acts provide a solution by performing its role by enacting proper legislation to cover the field (vacuum) ?

18) While it is an unhealthy practice for a Judge to claim to be a Judge in his own cause, is it not worse for the members of the legislature and parliament to be judges in their own cause ?

19) Are the Technicalities of the case more important to a judge or Justice to a citizen, protection of fundamental rights of citizen.?

20) Why not the constitutional functionaries initiate suo moto action with respect to numerous cases of injustices reported in Media ?

21) Why not the Judges admit various cases of Injustices affecting public, as the Public Interest Litigation" ? In some cases, the Public or the person representing them is unable to afford the high cost of the case. Why not free legal aid is given ?.

22) What is the criteria for admitting a P.I.L. & giving free legal aid ?

23) Communication - free flow of information is the lifeline of a democracy. Why the constitutional functionaries are not honouring the Right to Information of Citizens ?

JANLOKPAL BILL - Need for Accountability of VVIPS

While drafting our constitution of india , drafting members - freedom fighters themselves assumed that in future also the persons who will occupy constituional positions will be sincere & of high impeccable integrity. However they were proved wrong. Late Prime Minister of Great Britain Mr.Winston Churchill has been proved right.

Nowadays , criminals have entered into public service , working as police , magistrates , etc. Criminals have become MPs , MLAs and are also working as Cabinet Ministers . Criminals have become judges , some of them have become supreme court judges.

End result CRIMINALS POLICING THE OTHER CRIMINALS , CRIMINALS DRAFTING LAWS , CRIMINALS JUDGING OTHERS.

Even there are cases of irregularities , illegalit
ies by Prime Minister of India and Irregularities , illegalities committed by supreme court of india judges . Example : JMM MPs bribery case , CWG Scam , 2G Scam , Bofors Scandal , etc and Bhopal Gas Tragedy Judgement fixing by then chief justice of india by way of alteration of charges , financial irregularities , illegal dealings by supreme court judges , etc.

In this backdrop , continuing with legal immunity to Prime minister of india , supreme court judges or any constitutional persons is nothing but blanket clearance to those VVIPs to commit more crimes , more anti-national acts wthout the fear of Law or Legal Prosecution. THIS LEGAL IMMUNITY IS & WILL BE AGAINST THE BASIC CONSTITUTIONAL LETTER & SPIRIT OF EQUALITY & EQUITABLE JUSTICE.

Are not some of the cabinet minsiters , so called constitutional experts , great advocates aware of this fundamental violation of constitution of india. Ofcourse , these advocates rightly fight for , take the cases of poor , commonman , they usually take cases of MNCs , Big time criminals , etc. Let these constitutional experts show us a single government hospital without corruption . Let the light of our constitution shine on our learned friends in the parliament belonging to all political parties. Corruption is there in every political party , in the same way there are very few honest persons in all political parties , judiciary , police & public service. Why you are afraid of accountability to people , while you are enjoying 5-star luxurious lifestyles at tax payer’s expense ?

If you are so sincere READ ARTICLES / CASE at following web pages & ANSWER :

Judgements for SALE in India

https://groups.google.com/forum/#!topic/e-clarion-of-dalit/WOBn8eJjBUA

Cross Examination of Loksabha Speaker & RajyaSabha Dy Chairman

http://sites.google.com/site/eclarionofdalit/cross-examination-of-loksabha-speaker-and-rajyasabha-dy-chairman

Parliamentary Privilege or Cover-up of Crimes

http://sites.google.com/site/eclarionofdalit/parliamentary-privilege-or-coverage-of-crimes

Threats to RTI Applicant & Judgement Fixing

http://sites.google.com/site/eclarionofdalit/threats-to-rti-applicant-judgement-fixing

Honour of Indian Parliament for SALE

http://e-voiceofhumanrightswatch.blogspot.com/2007/05/honour-of-indian-parliament-for-sale.html

Xeroxing Corruption

By Ashutosh Sinha
Special to India Resource Center
September 30, 2002

Not many in India might have actually seen the field gun from Bofors AB, either standing sentinel on the borders or in operation. The guns played a key role in the skirmishes at Kargil in 1999. The same anonymity does not hold good for Xerox, which has now entered the dictionary as a verb in its own right for photocopying documents.

Since its name has become synonymous with the allegations of kickbacks, few companies would like to be compared with Bofors. But since the deal was a big commercial success for arms dealers, some companies would, perhaps, be tempted to employ the same tactics as the Bofors middlemen.

The Swedish firm Bofors AB allegedly paid Rs.640 million ($13 million) in bribes to middlemen to get the contracts for the deal signed in 1986. Nearly a decade later, Enron India spent US$ 20 million in "educating" Indian bureaucrats about the role of private companies in power generation, an euphemism for bribes. Two telecom companies, Essar and Swisscom, were alleged to have paid a former minister, Sukh Ram, a hefty amount during early 1996 to help change the original license conditions, which it had signed with the Department of Telecommunications. There was no case against Sukh Ram, simply because this deal was never investigated.

Significantly, none of the allegations made above have yet been proven in a court of law.

Xerox India was treading on familiar path, something which its US headquarters got to know later. According to the parent company's own admission, which emerged during its audit, it paid over $600,000 as bribes to various government employees to win contracts. In essence, the modus operandi was just a 'photocopy' of the way some other companies operate.

Under the Foreign Corrupt Practices Act (FCPA), it is a serious criminal offence for a US company to pay bribes in a foreign country to obtain contracts. Being managed by the BK Modi group, one of Indias oldest family run business empires, at the time when the bribes were paid, it is now like a sword hanging at the neck of Xerox. The BK Modi group has denied having paid any bribes. Xerox Modicorp Limited (as the company is now called) completes 19 years in India this September. It changed its name from Modi Xerox Limited to Xerox Modicorp Limited in 2000.

The Indian government was quick to order an inquiry. A promise that accompanied the order was that the inquiry would be completed in two weeks. Over a month later, the two weeks are not yet over. Now, the million-dollar question - for a company that calls itself 'The Document Company' - is there enough documentary evidence to prosecute the company?

The Department of Company Affairs (DCA), the arm of the government that wields the stick to ensure that companies meet their stated objectives and do not dupe the shareholders, is looking into the details. Xerox was not duping shareholders, much the same way as the military hardware company AB Bofors. Both were, in fact, trying to reward their shareholders by giving the extra edge to their sales team by "taking care" of those taking a final decision on the purchase of their products. DCA is still not sure whether the bribes were actually paid or if the amount was pocketed by Modi or his men.

There is a stark difference between the two cases, though. Bofors is a European company, Xerox an American. Their products are proverbially as different as chalk and cheese - one sold military hardware, the other office automation products. While the Bofors payoffs involved the government official right at the top in the government, the Xerox payoffs appear to have been made to the operations level people in government. Besides, the nature of arms deals is such that the best deal has to be sewn in one shot. Office automation products are regularly purchased by companies and governments. So, if a few people can be identified, their palms can be greased regularly to put the product. The agents who helped Bofors are still trying to block investigations and any information into their money laundering. The amount involved in the Xerox case is far smaller.

Xerox, however, does deserve a pat on the back for having the courage to admit the payoffs in public.

There are some parallels between the two companies. Bofors money found its way to exotic places that you would find difficult to locate on the world map - Luxembourg, Bahamas, Liechtenstein, Channel Islands. The Xerox India payoffs did not have such exotic addresses. Two of the companies to which payments were made had slum areas of Delhi as their addresses while two others were located in the western Indian state of Gujarat.

While the Bofors deal had strong political linkages, there is talk of the involvement of a Samajwadi Party politician, who has interests in the paper business, in the Xerox case. That allegation is yet to be probed, though.

AE Services, Svenska, Lotus, Tulip and Mont Blanc are some of the names of bank accounts that are associated with the alleged Bofors payoffs. The money has gone into a variety of accounts before disappearing various pockets. Officials of the Central Bureau of Investigation (CBI), India's premier investigating agency, suspect that these people include the late Win Chadha, an Italian called Ottavio Quattrochchi and the Hinduja brothers. If the Xerox India deal had been bigger, with international ramifications, it would not have chosen names like Charu Paper Ltd., Chadha Paper Ltd., Pioneer Enterprises and Elite Commercial Services.

At the time when these bribes were paid, the company was controlled by the BK Modi group, which owned majority shares in the joint venture. When Xerox acquired control of the company (it now owns 68 per cent while BK Modi controls 28 per cent in the joint venture) in 2000, it ordered an inspection of the books by the audit firm PriceWaterhouseCoopers, which raised disturbing questions. The audit firm said that it was not sure the organizations existed and, if they did, who owns or controls them. BK Modi Group has interests in telecom, entertainment and manufacturing.

Xerox has over 50 per cent market share in photocopiers in India. 1998 was a landmark year for the photocopier industry. Of the estimated 40,000 machines sold that year, an estimated 27,000 were Xerox machines. However, that was an aberration and nearly 30,000 machines are sold in the market each year at present. Nearly 60 per cent of the sales are made to government organisations.

Incidentally, the bribes are alleged to have been paid in 1998 and 1999. In 1998, the 15-year tie-up between Modis and Xerox ended. Xerox had entered India after a tie up with the BK Modi Group and Modi Xerox Limited was incorporated in 1983.

The Joint Parliamentary Committee (JPC), which had looked into the Bofors deal before CBI started its investigations of bribery charges, had similarly not given a clean chit to the Rajiv Gandhi government. The government survived the day but since then, the Congress party has never won a majority in the Indian Parliament. Bofors has also entered India's political lexicon as a synonym for bribery.

DCA officials are tight-lipped about the direction in which their Xerox investigation is meandering. These are just four names that have tumbled out of the closet. Reports suggest that it is a web of 85 companies through which payments have been made. The challenge before DCA is to verify whether payments were made to individuals in the government or did some officials of Modi Xerox (as the company was then called) pocket the money.

While it is still to be established where the money actually went, DCA officials admit in private that siphoning money out of the company is a routine affair. Just like every official worth his salt in the CBI knows that big arms deals do have an element of an underhand deal.

Since payoffs are now a part of business, this is where the interest of the average person comes in. Hapless investors have seen scores of cases where the companies get sick and promoters healthier by the day.

For all the arms deal that have happened in India, whose defence spending is over US$ 14 billion every year, only one case has been brought to light. None have been prosecuted. Of nearly 7,000 publicly listed companies in India, a little over 2,000 actively trade on the Bombay Stock Exchange. The rest are companies which have turned sick, while some of their promoters get healthier.

Radia lobbied to get Raja telecom ministry

Union Communications Minister A. Raja has been caught on tape lobbying with a corporate PR agent for a place in the Manmohan Singh cabinet during the second term of the UPA.

Headlines Today is in exclusive possession of taped conversations between Raja and powerful corporate lobbyist Nira Radia just days before the swearing-in of the cabinet.

The conversations, which were recorded by investigators for the income tax department, raise serious issues about ministerial propriety.

The income tax sleuths had sought permission to tap the telephone of Radia, who was being investigated by the CBI and the income tax department in the telecom spectrum scam.

Radia is one of India's most influential power-brokers and has the biggest corporates of India as clients.

These conversations were recorded over 300 days, starting from August 20, 2008. Raja was lobbying hard to become the next telecom minister and was being helped in this endeavour by Radia.

Here are excerpts from a conversation recorded on May 24, 2009 at 11.05 am.

Raja: My name is cleared?
Radia: Yeah, your case was cleared last night itself. No, what is happening with Daya?
Raja: Textiles or fertilisers?
Radia: Not for Daya though, Azhagiri or Daya only one can come in?
Raja: No, two can come...
Radia: Both?
Radia: Baalu, will be the problem, I hope.
Radia: It will be difficult for the leader to justify three family members.
Raja: (laughs) Yeah, but everybody knows...
Radia: No she said that, Kani told me last night, that is what her father told her yesterday, that for him to justify three family members would be very difficult; he recognises that problem...
Raja: Let us see what we can do...let us fight.

This was how Radia informed Raja that his name had been cleared for the telecom minister's post. The conversation had been recorded just four days before Raja's name was officially announced as the UPA's telecom minister.

So how does a corporate lobbyist get to know who is getting which portfolio? And why was Raja discussing portfolios with a corporate lobbyist?

Not just Raja, the tapes have Radia talking to DMK chief M. Karunanidhi's daughter Kanimozhi as well.

In these conversations, Kanimozhi - referred to as Kani - is heard telling Radia that the DMK must get the telecom portfolio. Here are excerpts from the conversation recorded on May 21, 2009 at 8:41 pm.

Kani: Hello
Radia: PM has already clarified that the deal has not been done. They are still in the middle of discussing it.
Kani: They've already promised to give us telecom...but it cannot become that they shift...
Radia: What?
Kani: They have already told us that they will give us telecom. Now it shouldn't be given to him because he's going around planting stories.
Radia: He's planting it on all the channels while you were on the plane.
Kani: Ya I know that.
Radia: But Kanni, the PM has just made a statement that I have no problems with Raja and Baalu and they are my esteemed colleagues.
Kani: He can make a statement. But whoever's going to come and talk to dad shouldn't talk otherwise.. See what people say outside and what actually they mean is different... And all of us know that in politics.

Not just telecom, Radia and Kanimozhi had a long conversation about who is getting what portfolio. What was surprising is that Radia seemed to know exactly what is happening and who was getting which portfolio.

Here are more excerpts from the conversations:

Radia: Kani there's feedback from the Congress. They say we recognise that the problem with the DMK is an internal problem. It's a problem between the family. It's a problem between their own people. They have given us a list of five people. This is not acceptable to us.
Kani: Ya
Radia: It is for them to resolve. We have told them what is the best that we can do.
Kani: Three and four...
Radia: We appreciate that the dialogue has broken down but it is not for us to get back to them. As far as we are concerned, Maran has been calling Ghulam Nabi Azad on the half hour demanding all sorts of things and they have told him that there is no point in you calling us.
Kani: But what is the demand he's got.
Radia: He has been making the same demands that you give us five portfolios or we will not join or give us railways, otherwise he has also demanded coal and mines. So they are saying as far as we are concerned this is an internal DMK problem. It has nothing to do with the Congress at all. They have taken a decision that it is for Karuna to decide who he wants and who he doesn't want in the formula. That has been provided to him. It's up to Karuna to decide but they feel that there are far too many people calling him including Maran.

The question is, is it proper for a senior leader of the DMK and a minister in the past UPA government to be talking to a known corporate lobbyist? Why is it that the lobbyist seems to know everything about the allocation of portfolios, and long before the information is made public?

REAL STORY OF Late DHIRUBHAI AMBANI of Reliance Industries

http://www.scribd.com/doc/3924530/Polyester-PrinceThe-Real-Story-of-Dhirubhai-AmbaniBanned-in-India

Another Major Scam : Govt. Favours Reliance In KG Basin

The CAG draft report that nails the connivance between Government agencies and Reliance Industries Ltd. leading to huge losses to the Government exchequer is yet another example of the power of corporates in the UPA Government to subvert rules and regulations in their favour.

The CAG has noted that the former Director-General of Hydrocarbons (DGH) permitted Reliance to inflate its “development costs” on the gas extraction in the D6 block of KG basin from 2.47 billion dollars to a whopping 8.84 billion dollars. This money taken by RIL affected the revenues of the Government. Government should prosecute the former DGH without any delay.

The Government’s connivance with RIL has a direct impact on the aam aadmi because increased claims of development cost get reflected in the price of gas given to consumers and also affect the prices of fertilizer and power. Letters have been written to the Prime Minister to institute an independent enquiry into the complaint of artificial jacking up of the capital expenditure by RIL for D6 KG Basin and its hasty approval by the concerned authority to find out the actual cost before gas price is fixed.

In a repeat of the 2-G scam, the Prime Minister’s silence on the issue, has again exposed the UPA Government’s acquiescence to corporate manipulation.

RELIANCE INDUSTRIES LIMITED - WHERE IS ACCOUNTABILITY?

Dear mukesh & anil ambani,

The reliance industries has always got a favourable treatment from the state & central governments.there are allegations that ,
1.years ago, the central government gave import concessions for import of certain raw materials of textile sector ,which hugely benefitted the P.F.Y & TEXTILE projects of your's ie reliance industries.
2.the O.N.G.C which has painstakingly surveyed the oil & gas reserves & prepared a list of lists,gave that list & you got godavari basin oil & gas project from the government .O.N.G.C could have developed it & earned millions.
3.few months back you were charged both by the government & cellular operators (GSM) that you are giving S.T.D & ROAMING FACILITIES to your reliance phone subscribers.your's was only a W.L.L. they even claimed that you are misusing a legal loophole & causing crores of losses to the government & other GSM operators. however while the issue was before the T.R.A.I, the trai legalized your actions by announcing unified licence for telecom operators.
4.now you are charged by the government of re-routing ISD CALLS as local calls,thereby causing crores of losses to the government & BSNL.this time also you may get the reprieve from the government. the government ,if a commonman does not pay his electric bills in time slaps interest & cuts down the electric supply immediately.
however the same government ,even if your company has been alleged of causing crores of rupees losses to the government & other players, always enacts favourable laws for you like a SANTA CLAUS.
WILL YOU PLEASE CLARIFY mr.mukesh ambani & mr.anil ambani?
the TRAI announced unified licence regime in haste that too with retrospective effects.so all the charges against reliance were dropped. in the same vein as unified licence got retrospective effect , why not the government re-imburse the differece amount out of hefty fees collected from other cellular operators ? take the reliance fees as bench mark.anyway , finally commonman is the looser.

Judgement Fixing in Indian Courts of Law / Justice

http://e-clarionofdalit.blogspot.com/search?updated-max=2011-09-20T06%3A30%3A00-07%3A00&max-results=1

SHAME SHAME to Corrupt Judges , Corrupt Police & Corrupt Public Servants - Indian Judicial / Legal System For Sale

The Corrupt Among Public Servants are making futile , all the sacrifices made by our forefathers , freedom fighters in securing independence from british occupiers .

Threat to India’s Independence , Freedom , National Unity & Integrity is from Corrupt Police , Corrupt Judges & Corrupt Public Servants. SHAME to those corrupt   police , judges & public servants.

Recently we have seen media reports about 2G spetrum scam , land mafia , mining mafia , how a law maker of the land Home Minister of Gujarath state government himself was the master mind involved in the conspiracy of fake encounter eliminating sohrabuddin . We have also seen how senior police officers extorted money from businessmen & others by foisting false cases .

We have also seen media reports about the ROWDY BEHAVIOUR of some people’s representatives in legislative assemblies & parliament in the past & recently. The members of the house , people’s representatives themselves are making contempt of the house. These MPs , MLAs other then hiking their own salaries & perks , must first learn class room discipline punctuality , attendance , home work preparation , etc from PRIMARY SCHOOL KIDS . IT IS THE URGENT NEED OF THE HOUR .

We have also stated with relevant media reports how match fixing is done in our Indian Legal System from the stage of FIR filing , planting witneses , silencing witnesses , judgement fixing , torture in jail , etc . read articles at following websites

http://sites.google.com/site/sosevoiceforjustice/shame-shame---indian-legal-system-for-sale ,
http://sites.google.com/site/sosevoiceforjustice/cross-exam-of-chief-justice-of-india ,
http://sites.google.com/site/sosevoiceforjustice/deal-deal-mega-deals-in-supreme-court-of-india ,
http://sites.google.com/site/sosevoiceforjustice/bhopal-gas-verdict-fixed-years-earlier ,
http://sites.google.com/site/sosevoiceforjustice/shame-shame-to-supreme-court-of-india ,

http://sites.google.com/site/sosevoiceforjustice/is-the-supreme-court-of-india-deaf-dumb-blind ,
http://sites.google.com/site/sosevoiceforjustice/show-cause-notice-to-chief-justice-of-india ,
http://sites.google.com/site/sosevoiceforjustice/narco-analysis-polygraph---right-or-wrong ,
http://sites.google.com/site/sosevoiceforjustice/match-fixing-in-cricket-ipl-police-judiciary-government-in-india ,
http://sites.google.com/site/sosevoiceforjustice/writ-of-mandamus-to-cji-others ,

http://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges ,

When everybody else does the mistake , wrong doing , indulges in corruption , judiciary alone must be pure like virgin to punish & guide the wrong doers. Now , the apex court of the land & the highest judicial officer of the land , the conscience keeper , protector of rights , Constitutional guardian of the land – The Honourable Chief Justice of India himself Has been found guilty .  SHAME SHAME.

Nowadays , we are seeing criminalization of politics , judiciary & police. The rowdy elements have become MLAs & MPs & frequestly indulge in fisticuffs , vulgar abuses in the precincts of the house itself . These rowdy elements take money for asking questions in the parliament , to vote for bills & for a price pass legislations favouring lobbies of rich crooks. The police frame , torture innocents & let out rich crooks for a price . For a price police destroy evidences , records and create fake records , evidences. Finally there are judges who issue arrest warrants , give bail , give acquittal & pass favourable judgements   ALL FOR A PRICE . SHAME SHAME . These corrupt judges , police , MPs , MLAs each take salary & perks far exceeding lakhs per annum , but serve rich crooks instead of   Indian Public. These corrupt are parasites & deadlier , state enemies than naxalites , terrorists. Democracy in our country , our hard won national independence is endangered by these parasites , corrupt judges , police & people’s representatives only. These parasites themselves are responsible for origin & growth of naxalism / terrorism in india .

2G SCAM

The 2G spectrum scandal involved officials in the government of India illegally undercharging mobile telephony companies for frequency allocation licenses, which they would use to create 2G subscriptions for cell phones. The shortfall between the money collected and the money which the law mandated to be collected is estimated to be

176,645 crore (US$39 billion) as valued by Comptroller and Auditor General of India based on 3G and BWA spectrum auction prices which held in 2010.^[1] However the exact loss is disputed, Central Bureau of Investigation (CBI) pegged the loss at Rs 30,984.55 crores in its first charge sheet filed on April 2, 2011^[2], whereas Telecom Regulatory Authority of India in a response to CBI's query said that the Govt. has actually gained Rs. 3,000 crores by selling the spectrum. ^[3]. Kapil Sibal, minister for communications & IT, said in a press conference that there was no loss caused by selling 2G licenses. ^[4]. However in September 2011, CBI argued before the Supreme Court that it was unsafe to read a "no loss" conclusion in the telecom regulator's calculations on irregular spectrum allotment as the methodology adopted admittedly did not take into account the market mechanism.^[5] All the speculations of profit, loss and no-loss were put to rest when on February 02, 2012 the Supreme Court of India delivered judgement. The Supreme Court declared the allotment of spectrum as "unconstitutional and arbitrary" and quashed all the 122 licenses issued during tenure of A. Raja, the main accuse of 2G scam. ^[6] The court further said that A. Raja "wanted to favour some companies at the cost of the public exchequer" and "virtually gifted away important national asset".^[7]

The issuing of licenses occurred in 2008, but the scam came to public notice when the Indian Income Tax Department was investigating political lobbyist Nira Radia. The government's investigation and the government's reactions to the findings in the investigation were the subject of debate, as were the nature of the Indian media's reactions. Much of the credit of bringing this whole scam into the public light (by pursuing it in the court of law) goes to Subramanian Swamy who is the chief petitioner for this case in the court of law

India is divided into 22 telecoms zones and there are a total 281 zonal licences in the market.^[10] In 2008, 122 new 2G spectrum licenses were given to telecom companies at the price of 2001 and on first come first serve basis.^[11] The Central Bureau of Investigation (CBI) says that several rules were violated and bribes were paid to favour certain firms while awarding 2G spectrum licenses. The audit report of Comptroller and Auditor General of India says that several licenses were issued to firms with no prior experience in the telecom sector or were ineligible or had suppressed relevant facts.^[12]. In 2007, Telecom Regulatory Authority of India (Trai) had given its recommendations on pricing of 2G spectrum to A.Raja but he did not place the recommendations before the full Telecom Commission which, among others, would have included the Finance Secretary.^[13] In November 2007 Prime Minister of India Dr Manmohan Singh had written a letter to telecom minister A. Raja directing him to ensure allotment of 2G spectrum in a fair and transparent manner and to ensure licence fee was properly revised. Raja wrote back to the Prime Minister rejecting many of his recommendations.^[14] In the same month "Finance Ministry" wrote letter to "Department of Telecom" raising concerns over the procedure adopted by it^[15] but "Department of Telecom" went ahead with its plan of giving 2G licenses. It preponed the cut-off date to September 25, from October 1, 2007. Later on the same day, DoT posted an announcement on its website saying those who apply between 3.30 and 4.30 pm would be issued licences in accordance with the said policy.^[16] Companies like Unitech & Swan Telecom got licenses without any prior telecom experience.^[17] Swan Telecom got the license even though it did not meet eligibility criteria.^[18] Swan got license for Rs. 1537 crore and then it sold 45% stake to UAE based company Etisalat for Rs. 4200 crore..^[19] Unitech Wireless, a subsidiary of the Unitech Group, got license for Rs. 1661 crore and later sold 60% stake for Rs. 6200 crore to Norway based company Telenor.^[20]

Following is the list of companies who got the 122 2G licenses during the tenure of A. Raja as Telecom Minister. ^[21] ^[22] (The licenses were later quashed by Supreme Court) ^[23] ^[24]

Name of Company	Telecom regions for which license was granted	Number of license granted	Remarks
Adonis Projects Pvt. Ltd.	Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh (East)	6	Adonis Projects, Nahan Properties, Aska Projects, Volga Properties, Azare Properties & Hudson Properties were acquired by Unitech. Unitech Infrastructure and Unitech Builders & Estates were already subsidiaries of Unitech Group. So in 2008 Unitech had 22 2G licenses. Later in the same year Norway based company Telenor bought majority stake in the telecom company from the Unitech Group. Now it offers services under Uninor brand holding 22 pan India licences.
Nahan Properties Pvt. Ltd.	Assam, Bihar, North East, Orissa, Uttar Pradesh (East), West Bengal	6
Aska Projects Ltd.	Andhra Pradesh, Kerala, Karnataka	3
Volga Properties Pvt. Ltd.	Gujarat, Madhya Pradesh, Maharashtra	3
Azure Properties Ltd.	Kolkata	1
Hudson Properties	Delhi	1
Unitech Builders & Estates Pvt. Ltd.	Tamil Nadu (including Chennai)	1
Unitech Infrastructures Pvt. Ltd.	Mumbai	1
Loop Telecom Pvt. Ltd.	Bihar, Gujarat, Himachal, Pradesh, Kerala, Kolkata, Punjab, Rajasthan, Uttar Pradesh (East), Uttar Pradesh (West), West Bengal, Andhra Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Orissa, Tamil Nadu (including Chennai), Assam, Jammu & Kashmir, Madhya Pradesh, North East	21
Datacom Solutions Pvt. Ltd.	Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Kolkata, Madhya Pradesh, Maharashtra, North East, Orissa, Rajasthan, Tamil Nadu (including Chennai), Uttar Pradesh (East), Uttar Pradesh (West), West Bengal, Delhi, Mumbai	21	Operates under brand name Videocon Telecommunications Limited
Shyam Telelink Limited	Madhya Pradesh, Kerala, Kolkata, Punjab, Uttar Pradesh (East), Uttar Pradesh (West), West Bengal, Andhra Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Orissa, Tamil Nadu (including Chennai), Assam, Jammu & Kashmir, North East	17	Shyam Telelink Limited & Shyani Telelink Limited operate together with their combined 21 licenses. During late 2008 Russia based group Sistema bought majority stake in the telecom company and now they operate under brand name MTS India.
Shyani Telelink Limited	Mumbai, Bihar, Gujarat, Himachal Pradesh	4
Swan Telecom Pvt. Ltd.	Andhra Pradesh, Gujarat, Haryana, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan, Tamil Nadu (including Chennai), Uttar Pradesh (East), Uttar Pradesh (West), Delhi, Mumbai	13	In 2008, Swan Telecom merged itself with Allianz Infratech (P) Ltd. During late 2008 Abu Dhabi's Etisalat bought about 45 percent of the company and renamed it to Etisalat DB Telecom
Allianz Infratech (P) Ltd.	Bihar, Madhya Pradesh	2
Idea Cellular	Assam, Punjab, Karnataka, Jammu and Kashmir, North East, Kolkata, West Bengal, Orissa, Tamil Nadu (including Chennai)	9	Idea Cellular bought Spice Communications Ltd. in 2008 for an amount of Rs. 2,700 crore.^[25] So out of 122 spectrum licenses sold in 2008 Idea Cellular owns 13 licenses
Spice Communications Ltd.	Delhi, Andhra Pradesh, Haryana, Maharashtra	4
S Tel	Assam, Jammu and Kashmir, Orissa, North East, Bihar, Himachal Pradesh	6	Owned by C Sivasankaran (51%) and Bahrain Telecommunications (49%)
Tata Teleservices	Jammu and Kashmir, Assam, North East	3	In late 2008 promoters of Tata Teleservices sold 26% equity stake to a Japanese telecom giant NTT Docomo for about Rs 13,070 crore ($2.7 billion) or an enterprise value of Rs 50,269 crore ($10.38 billion).^[26]

[edit] Parties accused of involvement

The selling of the licenses brought attention to three groups of entities – politicians and bureaucrats who had the authority to sell licenses, corporations who were buying the licenses and media professionals who mediated between the politicians and the corporations.

[edit] Politicians involved

A. Raja – the Minister of Communications and Information Technology who sold the licenses
M. K. Kanimozhi – Rajya Sabha MP

[edit] Bureaucrats involved

Siddharth Behura – Former Telecom Secretary
RK Chandolia – Raja's private secretary

[edit] Corporate Executives involved

Corporates named as accused and/or beneficiary of the 2G spectrum scam in the chargesheet filed by CBI in the Special Court^[27][28][29]

Vinod Goenka – Swan Telecom promoter
Sanjay Chandra – Managing Director of Unitech Wireless (Tamil Nadu) Ltd
Gautam Doshi – Managing Director of Reliance Anil Dhirubhai Ambani Group
Hari Nair – Senior vice-president of Reliance Anil Dhirubhai Ambani Group
Surendra Pipara – Senior vice- President of Reliance Anil Dhirubhai Ambani Group
Ravi Ruia - Vice-Chairman of Essar Group
Anshuman Ruia - Diector of Essar Group
Vikas Sara - Director for strategy and planning Essar Group
IP Khaitan - Promotor Loop
Kiran Khaitan - Promotor Loop
Shahid Balwa – Swan Telecom promoter
Sharath Kumar – Managing Director of Kalaignar TV
Rajiv Agarwal and Asif Balwa (younger brother of Shahid Balwa) – Chief executives of Kusegaon Fruits and Vegetables

[edit] Film and Entertainment persons involved

Karim Morani – Cineyug Media and Entertainment Ltd’s Director

[edit] Corporations accused

Companies named in the chargesheet filed by Central Bureau of Investigation (CBI) in the Special court^[30][31][32]

Unitech
Reliance Telecom
Swan Telecom
Loop Telecom Pvt Ltd
Loop Mobile India Ltd
Essar Tele Holding
Essar (Parent group of Essar Tele Holding)

[edit] Media persons accused

Main article : Radia tapes controversy

Media sources such as OPEN and Outlook reported that two senior journalists Barkha Dutt (Group Editor of NDTV) and Vir Sanghvi (Editorial Director of Hindustan Times) knew that corporate lobbyist Nira Radia was influencing the decisions of appointment of telecom minister. Radia wanted A Raja to be made telecom minister.^[33].The two magazines made public the telephone conversations between Nira Radia, Barkha Dutt & Vir Sanghvi.^[34][35] Radia's phones were being tapped by Income Tax department. Critics allege that Barkha Dutt and Vir Sanghvi knew about nexus between government and the media industry but still they supported this corrupt activity and suppressed news reporting the discovery of the corrupt practice.^[33]However these people were not named as accused in the chargesheet filed by CBI.

[edit] Shortfall of money

A. Raja arranged the sale of the 2G spectrum licenses below their market value. Swan Telecom, a new company with few assets, bought a license for

1,537 crore (US$338.14 million).^[36] Shortly thereafter, the board sold 45% of the company to Etisalat for

4,200 crore (US$924 million). Similarly, a company formerly invested in real estate and not telecom, the Unitech Group, purchased a license for

1,661 crore (US$365.42 million) and the company board soon after sold a 60% stake in their wireless division for

6,200 crore (US$1.36 billion) to Telenor.^[36] The nature of the selling of the licenses was that licenses were to be sold at market value, and the fact that the licenses were quickly resold at a huge profit indicates that the selling agents issued the licenses below market value.

Nine companies purchased licenses and collectively they paid the Ministry of Communications and Information Technology's telecommunications division

10,772 crore (US$2.37 billion).^[36] The amount of money expected for this licensing by the Comptroller and Auditor General of India was

176,000 crore (US$38.72 billion).^[37] The report on the details of the financials involved framed by CAG could be found at the website of Comptroller and auditor general of India (Supreme audit institution of Government of India).^[38]

Following is the list of companies to whom the 2G spectrum was sold

[edit] Chronology of Events and Investigation

May, 2007: A Raja takes over as Telecom Minister. ^[39]
Aug, 2007: Process of allotment of 2G spectrum for telecom along with Universal Access Service (UAS) Licences initiated by the Department of Telecommunications (DoT).
Sep 25, 2007: Telecom Ministry issues press note fixing deadline for application as October 1, 2007.
Oct 1, 2007: DoT receives 575 applications for UAS licences of 46 companies. ^[40]
Nov 2, 2007: The Prime Minister writes to Raja directing him to ensure allotment of 2G spectrum in a fair and transparent manner and to ensure that licence fee was properly revised. Raja writes back to the Prime Minister rejecting many of his recommendations.
Nov 22, 2007: Finance Ministry writes to DoT raising concerns over the procedure adopted by it. Demand for review rejected.
Jan 10, 2008: DoT decides to issue licences on first-come-first-serve basis, preponing the cut-off date to September 25, from October 1, 2007. Later on the same day, DoT posted an announcement on its website saying those who apply between 3.30 pm and 4.30 pm would be issued licences in accordance with the said policy. ^[41][42]
2008: Swan Telecom, Unitech and Tata Teleservices sell off a part of their stakes at much higher rates to Etisalat, Telenor and DoCoMo, respectively.^[43][44][45]
May 4, 2009: An NGO Telecom Watchdog files complaint to the Central Vigilance Commission (CVC) on the illegalities in the spectrum allocation to Loop Telecom.
May 19, 2009: Another complaint was filed to the CVC by Arun Agarwal, highlighting grant of spectrum to Swan Telecom at throwaway prices.
2009: CVC directs CBI to investigate the irregularities in allocation of 2G spectrum.
July 1, 2009: Delhi HC holds advancing of cut-off date as illegal on a petition of telecom company S-Tel. ^[46]
Oct 21, 2009: CBI registers a case and files an FIR against “unknown officers of DoT and unknown private persons/companies under various provisions of IPC and Prevention of Corruption Act.
Oct 22, 2009: CBI raids DoT offices. ^[47][48][49]
Nov 16, 2009: CBI seeks details of tapped conversation of corporate lobbyist Niira Radia to find out involvement of middlemen in the grant of spectrum to telecom companies.
Mar 13, 2010: SC upholds Delhi HC verdict on cut off date advancement as illegal ^[50][51]
Mar 31, 2010: CAG says that there was large scale irregularities in the spectrum allocation.
Apr 2, 2010: CBI DIG (Investigations) Vineet Agarwal and DG I-T (Investigations) Milap Jain, who were investigating the case, transferred. ^[52]
May 6, 2010: Telephonic conversation between Raja and Niira Radia made public by the media. ^[53]
May, 2010: NGO Centre for Public Interest litigation moves the Delhi High Court seeking investigation into the scam by SIT or CBI.
May 25, 2010: Delhi HC dismisses the petition.
Aug, 2010: Appeal filed in the Supreme Court against the High Court’s order.
Aug 18, 2010: HC refuses to direct the Prime Minister to decide on a complaint by Janata Party chief Swamy seeking sanction to prosecute Raja for his involvement in 2G scam.
Sept 13, 2010: SC asks government, Raja to reply within 10 days to three petitions filed by CPIL and others alleging there was a 70,000 crore (US$15.4 billion) scam in the grant of telecom licences in 2008.
Sept 24, 2010: Swamy moves SC seeking direction to the PM to sanction prosecution of Raja.
Sept 27, 2010: Enforcement Directorate informs SC of probe against firms suspected to have violated FEMA. Says can’t deny or confirm now Raja’s involvement in the scam.
Oct 8, 2010: SC asks government to respond to CAG report about the scam.^[54]
Oct 21, 2010: Draft reports of CAG placed before the Supreme Court.
Oct 29, 2010: SC pulls up CBI for its tardy progress in the investigations into the scam.^[55][56]
Nov 10, 2010: CAG submits report on 2G spectrum to government stating loss of 176,000 crore (US$38.72 billion) to exchequer.
Nov 11, 2010: DoT files affidavit in SC saying CAG did not have the authority to question the policy decision as per which licence were issued to new players in 2008.
Nov 14, 2010: A Raja resigns as Telecom Minister ^[57][58]
Nov 15, 2010: Kapil Sibal given additional charge of Telecom Ministry. ^[59][60]
Nov 20, 2010: Affidavit on behalf of PM filed in Supreme Court. Rejects charge of inaction on Swamy’s complaint.^[61][62][63]
Nov 22, 2010: CBI tells SC it will file charge sheet in the case within three months.
Nov 22, 2010: CBI tells SC role of corporate lobbyist Niira Radia would be questioned by it.
Nov 24, 2010: SC reserves verdict on Swamy’s plea seeking direction to PM for grant of sanction to prosecute Raja.
Nov 25, 2010: SC ticks off CBI for not questioning Raja.
Nov 29, 2010: CBI files status report on 2G spectrum scam probe.
Nov 30, 2010: SC questions CVC P J Thomas’s moral right to supervise CBI’s probe into 2G spectrum scam as he himself was Telecom Secretary at that point of time. ^[64]
Dec 1, 2010: SC directs original tapes containing conversation between corporate lobbyist Niira Radia and others be handed over to it.
Dec 1, 2010: Raja questions CAG findings in the SC.
Dec 2, 2010: Government places recorded tapes in the SC.
Dec 2, 2010: SC comes down heavily on Raja for bypassing and overruling PM’s advice to defer allocation of 2G spectrum by a few days.
Dec 8, 2010: SC favours including in the probe period since 2001 when first-come-first-serve was the norm for spectrum allocation.
Dec 8, 2010: SC asks Centre to consider setting up of a special court to try 2G spectrum scam case.
Dec 8, 2010: ED submits report. Says money trail covers 10 countries, including Mauritius.
Dec 14, 2010: Another PIL in SC seeking cancellation of new telecom licences and 2G spectrum allocated during Raja’s tenure.
Dec 15, 2010: Swamy files petition in a Delhi court seeking his inclusion as a public prosecutor in 2G spectrum case.
Dec 15, 2010: Swamy mentions in complaint that Raja favoured “ineligible” private companies Swan Telecom Pvt Ltd and Unitech Wireless Ltd in allocating the spectrum.
Dec 16, 2010: SC decides to monitor the CBI inquiry ^[65][66][67]
Jan 4, 2011: Swamy moves SC seeking cancellation of 2G spectrum licenses.
Jan 10, 2011: Supreme Court issues notice to Centre on the plea seeking cancellation of 2G licenses. Also issues notices to 11 companies which allegedly did not fulfill the roll-out obligations or were ineligible.
Jan 30, 2011: Government’s decision to regularise licenses of the companies which failed to meet the deadline for roll-out obligation challenged in the Supreme Court.
Feb 2, 2011: Raja, former Telecom Secretary Siddartha Behura and Raja’s former Personal Secretary R K Chandolia arrested and next day they were remanded in CBI custody.
Feb 8, 2011: Raja remanded to two more days of CBI custody. Behura and Chandolia sent to judicial custody.
Feb 8, 2011: Shahid Usman Balwa, promoter of Swan Telecom, arrested by CBI.
Feb 10, 2011: SC asks CBI to bring under its scanner corporate houses which were beneficiaries of the 2G spectrum. Raja remanded to CBI custody for four more days by a special CBI court along with Balwa.
Feb 14, 2011: Raja’s CBI custody extended for three more days. Balwa’s custody extended for four days.
Feb 17, 2011: Raja sent to Tihar Jail under judicial custody.
Feb 18, 2011: Balwa sent to judicial custody.
Feb 24, 2011: CBI tells a Delhi court that Balwa facilitated transaction to Kalaignar TV.
Feb 28, 2011: Raja seeks judicial proceedings through video conferencing stating that he faces threat to life from fellow prisoners.
Mar 1, 2011: CBI tells SC that 63 persons are under scanner. Raja allowed by CBI court to appear before it via video-conferencing.
Mar 14, 2011: The Delhi High Court sets up special court to deal exclusively with 2G cases. Balwa also allowed to appear via video-conferencing.
Mar 17, 2011: SC reserves order on cancellation of 2G licenses. It rejected companies' claim saying that Principle of Estoppel can't be applied to protect illegality. ^[68][69]
Mar 29, 2011: SC permits CBI to file charge sheet on April 2 instead of March 31. Two more persons — Asif Balwa and Rajeev Agarwal — arrested.
Apr 2, 2011: CBI files its first charge sheet in the 2G spectrum allocation scam.^[70][71][72]
Apr 25, 2011: CBI files second charge sheet and court issues summons to Kanimozhi, Sharad Kumar and Karim Morani taking cognizance of the charge sheet.^[73][74][75]
May 6, 2011: Kanimozhi and Sharad Kumar appear before court and file bail pleas while Morani sought exemption from appearance on medical ground.^[76][77][78]
May 6, 2011: SC issues contempt notice to Sahara India managing director Subroto Roy and two others for alleged interference in the ongoing ED investigation into the 2G spectrum case. ^[79][80]
May 7, 2011: Special CBI Court reserves order on Kanimozhi and Sharad Kumar’s bail applications.
May 14, 2011: Special CBI Court defers order on their bail pleas for May 20.
May 20, 2011: Special CBI Court rejects bail pleas of Kanimozhi and Sharad Kumar and orders their forthwith arrest saying that there was a possibility of witnesses being influenced considering the magnitude of the crime. ^[81][82]
June 8, 2011: Delhi HC rejects bail pleas of Kanimozhi and Sharad Kumar citing that there are certain prima facie evidences against the accused and they may be in a position to influence the 2G probe ^[83][84]
June 20, 2011: SC rejects Kanimozhi’s bail plea ^[85][86][87]
July 25, 2011: Arguments on Charge begins. Raja seeks to make Prime Minister and former finance minister P Chidambaram as witness.
Aug 26, 2011: Special CBI court allows Subramanian Swamy to argue his own case (mainly to address the possible loop holes in CBI investigation of the case) ^[88][89]
Aug 30, 2011: ED orders freezing of accounts, attachment of properties worth 223 crore (US$49.06 million) of five companies mainly related to DB Realty under the provisions of Prevention of Money Laundering Act (PMLA) ^[90][91]
Sept 15, 2011: Swamy pleads before special CBI court that P Chidambaram should be made co-accused^[92]
Sept 22, 2011: CBI defends Chidambaram in SC, blames DoT for all wrongs.
Sept 26, 2011: CBI moves plea for framing fresh charge for criminal breach of trust against Raja, Chandolia and Behura. ^[93][94]
Sept 29, 2011: CBI says role of Anil Ambani being probed, gives a virtual clean chit to Tata and Videocon group.^[95][96]
Oct 9, 2011: CBI files FIR against Maran and his brother in Aircel-Maxis deal. ^[97][98][99]
Oct 10, 2011: SC reserves order against Subramanian Swamy’s plea for a probe into Home Minister Chidambaram’s role in the 2G scam.^[100][101]
Oct 22, 2011: Special CBI Court finds prima facie evidence to put on trial all 17 accused including Raja on various counts like criminal conspiracy, breach of trust, cheating and forgery. ^[102][103]
Nov 3, 2011: Special CBI court dismisses bail pleas of all the 8 applicants (including Kanimozhi) ^[104]
Nov 8, 2011: Special CBI court orders CBI to give copy of file on sale of equity by telecom companies (for investigating P Chidambaram's involvement) to Swamy ^[105][106]
Nov 9, 2011: Delhi HC refuses to grant interim bail to Karim Morani on health grounds wondering Why everybody falls sick once he is in custody? HC issues notice to the CBI on its reply on the bail pleas of the five accused by December 1. ^[107][108]
Nov 11, 2011: Trial of the 17 accused begins in Patiala House special CBI court. ^[109][110]
Nov 14, 2011: UPA govt moves SC seeking to restrain Dr Subramanian Swamy from making public allegations against the UPA leadership (especially Home Minister P Chidambaram and UPA Chairperson Sonia Gandhi) in the 2G scam case ^[111][112]
Nov 22, 2011: The Special CBI court shifts the trial to the Tihar Jail complex following a Delhi high court order ^[113][114]
Nov 23, 2011: SC grants bail to 5 corporate executives – Sanjay Chandra of Unitech Wireless, Vinod Goenka of Swan Telecom as well as Reliance Group's Gautam Doshi, Surendra Pipara and Hari Nayar. ^[115]
Nov 28, 2011: HC grants bail to DMK MP Kanimozhi and 4 others namely Karim Morani, Sharad Kumar and Asif Balwa and Rajeev Agarwal. The court upheld the principle of parity under Section 144 of the Constitution of India that upholds an order passed by the SC. ^[116][117]
Nov 29, 2011: The special CBI court grants bail to Shahid Balwa citing principle of parity that SC and HC have already granted bail to 10 other accused ^[118][119]
Dec 01, 2011: The special CBI court grants bail to A. Raja's ex-private secretary R. K. Chandolia and puts additional condition to not visit the DoT without prior permission of the court ^[120][121]
Dec 02, 2011: Taking a suo motu cognizance, HC stays bail given by trial court to R K Chandolia ^[122]
Dec 07, 2011: SC stays HC's suo motu order against Chandolia's bail ^[123][124]
Dec 08, 2011: The special CBI court accepts Swamy's plea against Chidambaram to become a witness in his own complaint and examine 2 witnesses, including senior CBI official and senior Finance Ministry official ^[125][126]
Dec 12, 2011: CBI files third charge sheet naming Essar Group promoters Ravi Ruia, his son Anshuman Ruia and its director (Strategy and Planning) Vikas Saraf, Loop Telecom promoters Kiran Khaitan (sister of Ravi Ruia) and her husband I P Khaitan. It also charge sheets Loop Mobile India Ltd, its subsidiary Loop Telecom Pvt Ltd and Essar Tele Holding.^[127][128]
Dec 16, 2011: HC rejects bail plea of Siddharth Behura saying "he was the ‘perpetrator’ of the illegal designs of Raja and would not claim benefit of parity with 10 others released on bail" ^[129]
Feb 02, 2012: The Supreme court of India cancelled all 122 licenses allotted during A Raja tenure and imposed Rs 5 crore(US$ 1,018,122) fine on Unitech, Swan & Tata Teleservices. It also imposed a fine of Rs 50 lakh on Loop Telecom Pvt Ltd, S-Tel, Allianz Infratech and Sistema Shyam Tele Services Ltd. It also asked trial court to decide whether Home Minister P Chidambram should be made co-accused in 2G scam.^[130] ^[131]
Feb 04, 2012: The special court of justice O.P Saini dismissed the plea of Subramanian Swamy to make then Finance Minister P.Chidambram as co-accused in the 2G scam.^[132]

[edit] Supreme Court quashes 122 licences

On February 02, 2012 Supreme Court of India quashed all 122 spectrum licences granted during the tenure of former communications minister A Raja.^[133] The allocation of 2G spectrum was described by Supreme Court as "unconstitutional and arbitrary".^[134] The court imposed fine of Rs. 5 crore on Unitech Wireless, Swan telecom and Tata Teleservices and Rs. 50 lakh fine on Loop Telecom, S Tel, Allianz Infratech and Sistema Shyam Tele Services Ltd.^[135] The Supreme Court's ruling said the current licences will remain in place for four months, in which time the government should decide fresh norms for issuing licences, a lawyer involved in the case said.^[136].The apex court said the Central Bureau of Investigation (CBI) would submit its report on the 2G scam probe to the Central Vigilance Commission (CVC).^[137]

The Supreme Court said in its order that then telecom minister A. Raja "wanted to favour some companies at the cost of the public exchequer" and listed seven steps he took to ensure this happened.^[138] ^[139] and the seven steps were :

1. After taking over as telecom minister, Raja directed that all applications received for UAS licences should be kept pending till receipt of the Trai's recommendations.^[140] ^[141]

2. The recommendations made by Trai on August 28, 2007, were not placed before the full Telecom Commission which would have included the finance secretary. The notice of the meeting of the Telecom Commission was not given to any of the non-permanent members though Trai's recommendations for allocation of 2G spectrum had serious financial implications and it was therefore necessary for DoT to take the finance ministry's opinion under the Government of India (Transaction of Business) Rules, 1961.^[142] ^[143]

3. The DoT officers who attended the Telecom Commission meeting held on October 10, 2007, had no choice but to approve Trai's recommendations, since they would otherwise have "incurred" Raja's "wrath".^[144] ^[145]

4. Since Cabinet had approved recommendations made by the Group of Ministers, the DoT had to discuss the issue of spectrum pricing with the finance ministry. But, since Raja knew that the finance secretary had objected to the allocation of 2G spectrum at rates fixed in 2001, he did not consult the finance minister or other officials.^[146] ^[147]

5. Raja brushed aside the law minister's suggestion that the matter should be placed before the empowered group of ministers. Also, within hours of the receipt of the suggestion made by the PM in his letter dated November 2, 2007, that keeping in view the inadequacy of spectrum, transparency and fairness should be maintained in allocation of the spectrum, Raja rejected it saying that it would be unfair, discriminatory, arbitrary and capricious to auction spectrum to new applicants because it would not give them a level-playing field. He also introduced a cut-off date of September 25, 2007, for considering applications though only the previous day a DoT press release had said October 1, 2007, would be the last date. This arbitrary action of Raja "though appears to be innocuous was actually intended to benefit some of the real estate firms who did not have any experience in dealing with telecom services and who had made applications only on 24.9.2007, i.e. one day before the cut-off date fixed by the C&IT minister on his own".^[148] ^[149]

6. The cut-off date of September 25, 2007, decided by Raja on November 2, 2007, was not made public till January 10, 2008, and the first-come-first-served principle followed since 2003 was changed by him at the last moment through a press release dated January 10, 2008. "This enabled some of the applicants, who had access either to the minister or DoT officers, get bank drafts prepared towards performance guarantee of about Rs 1,600 crore".^[150] ^[151]

7. "The manner in which the exercise for grant of LoIs to the applicants was conducted on 10.1.2008 leaves no room for doubt that everything was stage managed to favour those who were able to know in advance change in the implementation of the first-come-first-served polcy." As a result, some firms which had submitted applications in 2004 or 2006 were pushed down in the priority and those who had applied between August and September 2007 succeeded.^[152] ^[153]

[edit] Telecom Companies affected by cancellation of licenses

The table below shows list of companies whose license have been cancelled^[154][155]

Name of Company	Parent Group	Number of licenses cancelled
Uninor	Joint venture between Unitech Group of India and Telenor of Norway Unitech Group	22
Sistema Shyam TeleServices Limited, now MTS India	Joint venture between Shyam group of Indian and Sistema of Russia	21
Loop Mobile formerly BPL Mobile	Owned by Khaitan Holding Group	21
Videocon Telecommunications Limited	Owned by Videocon group of India	21
Etisalat-DB	Joint venture between Swan Telecom of India and Etisalat of UAE	15
Idea Cellular	Aditya Birla Groupof India (49.05%), Axiata Group Berhad of Malaysia (15%) & Providence Equity(10.6%)of USA	13
S Tel	Joint venture between C Sivasankaran of India (51%) and Bahrain Telecommunications (49%)	6
Tata Teleservices	Owned by Tata Group of India	3

[edit] Response to scam

In early November 2010 Jayalalithaa accused the state chief minister M Karunanidhi of protecting A. Raja from corruption charges and called for A. Raja's resignation.^[156] By mid November A. Raja resigned.^[157]

In mid November the comptroller Vinod Rai issued show-cause notices to Unitech, S Tel, Loop Mobile, Datacom (Videocon), and Etisalat to respond to his assertion that all of the 85 licenses granted to these companies did not have the up-front capital required at the time of the application and were in other ways illegal.^[158] Some media sources have speculated that these companies will receive large fines but not have their licenses revoked, as they are currently providing some consumer service.^[158]

[edit] Further reading

Swamy, Subramanian (2011). 2G Spectrum Scam. Har-anand Publications Pvt. Ltd. ISBN 9788124116388.

http://www.gujaratsamachar.com/video/2gscam.html

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