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    Verdict In 2G Scam Will Be Out Today: Here’s A Recap


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    National loss

    Judgement in another scam will be announced today….

    Fate of few leaders…. and few reputed firms…….??


    While CAG’s calculation is around Rs.1,76 lakh crores, CBI Charge sheet put the figure at Rs.33,900 crore


    Let us wait and watch the outcome.....


    Verdict In 2G Scam Will Be Out Today: Here’s A Recap


    A Delhi court will decide the fate of several politicians, businessmen and top executives on 21 December as it pronounces its judgement in the 2G spectrum allocation scam unearthed during the term of the previous United Progressive Alliance government.

    Special Court Judge Om Prakash Saini will rule on what the Time magazine dubbed the biggest abuse of executive power after the Watergate scandal involving former US president Richard Nixon who spied on the Democrats in his re-election bid in 1972.

    The Central Bureau of Investigation pressed charges of bribery and corruption against A Raja and Kanimozhi of the DMK, Bollywood producer Karim Morani, businessman Shahid Balwa and former managing director of Anil Ambani’s Reliance Group, Gautam Doshi, besides several others.

    The court will rule on three separate cases related to the scam. Here’s all you need to know:
    The Case And A Raja’s Role

    Read more at: https://www.thequint.com/news/india/...by-delhi-court
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    Kanimozhi, A. Raja and others acquitted...... Prosecution miserably failed to prove charges...
    2G scam verdict Live: A Raja, Kanimozhi and other accused acquitted, court says ‘prosecution miserably failed to prove charges’

    A special court delivered the verdict in the 2G spectrum scam case, acquitting all accused including former telecom minister A Raja and DMK MP Kanimozhi. Here are the live updates:

    A special court acquitted on Thursday all accused in the 2G spectrum allocation scam cases, deciding the fate of former telecom minister A Raja and DMK MP Kanimozhi.

    Special CBI judge O P Saini gave judgements in separate cases lodged by the CBI and the ED in the infamous scam that rocked the UPA government. Fifteen other accused in the case and three companies were also acquitted.

    The scam relates to the granting of 2G spectrum licence allocations in 2007-08 which caused, according to a report by the Comptroller and Auditor General of India, a loss of Rs 1.76 lakh crore.

    Others acquitted in the case are former telecom secretary Siddharth Behura, Raja’s erstwhile private secretary R K Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Ltd MD Sanjay Chandra and three top executives of Reliance Anil Dhirubhai Ambani Group (RADAG) -- Gautam Doshi, Surendra Pipara and Hari Nair.

    Directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Agarwal, Kalaignar TV director Sharad Kumar and Bollywood producer Karim Morani are also acquitted in the case.

    Besides them, three telecom firms -- Swan Telecom Pvt Ltd (STPL), Reliance Telecom Ltd and Unitech Wireless (Tamil Nadu) Ltd -- were also accused and acquitted in the case.

    Read more at: http://www.hindustantimes.com/india-...Kn00aEikJ.html
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    Was it all witchhunt? or was it poor prosecution?


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    Special Judge OP Saini, who oversaw the trial of all 2G spectrum cases since early 2011, on Thursday said his seven-year wait for evidence ended “all in vain” because the case was mainly based on “rumour, gossip and speculation”.

    “For the last about seven years, on all working days, summer vacation included, I religiously sat in the open court from 10 am to 5 pm, awaiting for someone with some legally admissible evidence in his possession but all in vain,” Saini said in his 1,552-page judgment.


    “Not a single soul turned up. This indicates that everybody was going by public perception created by rumour, gossip and speculation. However, public perception has no place in judicial proceedings.”


    The judge on Thursday acquitted former telecom minister A Raja and DMK leader Kanimozhi and all the other accused in the case.

    For seven years, on all working days, vacations included, I waited for evidence: 2G case judge

    2G spectrum case judge OP Saini said, “Not a single soul turned up (with evidence). This indicates that everybody was going by public perception created by rumour, gossip and speculation.”

    http://www.hindustantimes.com/india-...RtCQT0DdL.html
    Last edited by prasad1; 21-12-2017 at 05:23 PM.
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    Legal experts have different views on this judgement…

    Bad judgment, will be short-lived: Subramanian Swamy on 2G verdict


    "This is going to be short-lived. This is a very bad judgment and on appeal it is definitely going to be set aside," Subramanian Swamy said.

    Calling the special CBI court's verdict acquitting all 17 accused in the 2G spectrum case a "bad judgment", senior BJP leader Subramanian Swamy on Thursday said that he was confident that the order would be set aside on appeal.

    "This is going to be short-lived. This is a very bad judgment and on appeal it is definitely going to be set aside," the MP told the media.
    Judge OP Saini, who pronounced the judgment on the 2G case, slammed the prosecution and said they had "miserably failed to prove any charge against any of the accused, made in its well-choreographed charge sheet".

    Referring to the court's criticism, Subramanian said that this reflected poorly on the government.

    "Today, the judgment states that the CBI and the ED counsels were totally lackadaisical. They were not serious and he couldn't figure out what they were trying to prove. This is a very big condemnation of the government conducting of the case," he said.

    He blamed law officers who are not serious about fighting corruption. And those who were honest, he alleged, were being harassed and forced to move out.

    Read more at: https://www.thenewsminute.com/articl...-verdict-73538
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    Legal experts differ on 2G verdict

    NEW DELHI: Varied views were expressed by legal experts on a special court verdict acquitting all accused including former telecom minister A Raja and DMK MP Kanimozhi in the 2G spectrum allocation scam cases.

    While one section dubbed the acquittal as "unfortunate" and opined that it will politically raise a serious situation, the other said that a "bubble was created" which burst due to lack of evidence.

    Former Attorney General Soli Sorabjee said he cannot term the judgement as "good or bad" without reading it but was quick to add that "this is not a final verdict" and can be tested in appeals before higher courts.

    "It is only a special court verdict which can be appealed against. The CBI can appeal in the High Court. I have not read the judgement so cannot say if it was good or bad," Sorabjee, who was the top law officer during the previous NDA regime, told PTI.


    Read more at:
    //economictimes.indiatimes.com/articleshow/62194923.cms?utm_source=contentofinterest&utm_medi um=text&utm_campaign=cppst
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    This is shocking to say the least!! The officers who are supposed to provide the evidence have failed to do justice to their duties!! I agree with Dr Swamy's observation!! But is there any honesty left among our public servants who may also be partners in the financial misdemeanor!
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    CBI to appeal against 2G case verdict acquitting all accused

    NEW DELHI, DEC 21:

    The CBI today said it would file an appeal against the 2G scam case verdict by a special court, which acquitted all the 16 accused rejecting the case presented by the agency.

    The agency, which normally takes months to “study” court orders before proceeding to file an appeal in higher court, declared within hours of the verdict that “it has been prima facie examined“.

    “The judgement relating to the 2G scam case of today has been prima facie examined and it appears that the evidence adduced to substantiate the charges by the prosecution has not been appreciated in its proper perspective by the learned court. The CBI will be taking necessary legal remedies in the matter,” CBI spokesperson Abhishek Dayal said.

    Asked whether an appeal would be filed in the Delhi High Court challenging the verdict, the spokesperson replied in the affirmative.

    Read more at: http://www.thehindubusinessline.com/...cle9998680.ece
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    Hope the CBI goes in appeal in HC against the judgment! Better do it fast or else the credibility of this Government will be in question!

    2G court ignored indictment by SC

    Saturday, 23 December 2017 | J Gopikrishnan







    Award-winning investigative journalist J Gopikrishnan highlights loopholes in the trial court verdict in the 2G scam... Besides rejecting the deposition of then TRAI chairman Nripendra Mishra, the trial court chose to contradict the February 2, 2012 observation made by the Supreme Court during the cancellation of all the 122 telecom licences allotted by A Raja. The SC had observed, “The material produced before the (apex) court shows that the Minister (Raja) wanted to favour some companies at the cost of public exchequer.”
    The over 1,500 pages judgment by a trial court on Thursday acquitting all 19 accused, including former Telecom Minister A Raja and DMK MP Kanimozhi, in the 2G spectrum scam cases, overtly ignores the incriminating remarks of the Supreme Court in its February 2, 2012 ruling, in which Justices GS Singvi and AK Ganguly had cancelled all the 122 telecom licences at one stroke thus indicting Raja in the case.
    “The exercise undertaken under the leadership of the Minister (A Raja) was wholly arbitrary, capricious and contrary to public interest apart from being violative of the doctrine of the equality...
    “The material produced before the (apex) court shows that the Minister (Raja) wanted to favour some companies at the cost of public exchequer,” said the verdict delivered by the SC.
    The SC ruling — which came in response to a Public Interest Litigation, filed by Subramanian Swamy and Prashant Bhushan, seeking answers to whether the Government had a right to distribute natural resources in a manner that was not “fair and transparent”, and evidence submitted by them and by CBI and Enforcement Directorate (ED) — went on to say, “Arbitrary action of the Minister (Raja) though appears to be innocuous was actually intended to benefit some of the real estate companies who did not have any experience in the dealing the telecom services.”
    Keeping in view the SC observation, it is intriguing how come a trial court judge’s verdict simply claims the evidence provided were insufficient to prove the criminality of the accused. If the same documents convinced the SC, then how is that they failed to convince the trial court?
    Delivering the judgment, the trial court judge, OP Saini, cleared all the accused of all charges. Also, he declared that there is no convincing evidence against the accused.
    Saini’s observation is in contrast to what he had observed in his own judgment on February 4, 2012. He had then said he “has enough evidence to prosecute Raja”. This assertion was made on the petition by Swamy to prosecute then Finance Minister P Chidambaram for engaging in conspiracy with Raja in the price fixing and approving the licences. In that judgment, the trial court judge had given a clean chit to Chidambaram, saying that Swamy had failed to prove the criminality of Chidambaram, but he had conceded that there was enough evidence to prove the criminality of Raja. The judgment agreed that the documents provided by Swamy showed that Chidambaram and Raja together fixed the base price for the controversial allotments of the 2G spectrum.
    Was it Swamy’s job to prove Chidambaram’s criminality? It would have been fair if the judge or the apex court ordered the CBI to verify Swamy’s charges against Chidambaram.
    Anyway it is an open secret that courts won’t so easily go against top sitting powerful Ministers after the landmark Allahabad High Court judgment against then Prime Minister Indira Gandhi led to the imposition of Emergency.
    Now, the moot question is how the set of evidence to establish Raja’s criminality as detailed in the February 4, 2012 judgment by Saini became so unconvincing that the same judge acquitted Raja of all charges about six years later. Moreover, the trial court not just ignored the SC ruling and evidence, but it vent ire against the prosecution.
    Being a regular visitor to the 2G Court, I have witnessed Judge Saini praising the SC-appointed Special Public Prosecutors (SPP) UU Lalit and Anand Grover on many occasions. He had even agreed to add charges under Breach of Public Trust against Raja and other accused on the recommendation of Lalit.
    Lalit led the majority part of prosecution till August 2014, after which he was elevated as a SC Judge. Grover took charge from September 2014 and led the final arguments. Many times I have witnessed the Judge fully agreeing to and appreciating the arguments and evidence put forward by Lalit and Grover.
    I have seen the appreciation by Judge Saini on deposition of star witnesses, like the 2G scam whistleblower Aseervatham Achary and then TRAI chairman Nripendra Mishra, currently Principal Secretary to Prime Minister Narendra Modi.
    Considering all these, it is shocking to find his observation that he “waited all these years for evidence”. This catchphrase looks similar to the dialogue of the Judge character in the famous sarcastic movie on judicial system — Jolly LLB.
    It is interesting to note in the judgment, Judge Saini says Nripendra proved that Raja violated the TRAI Act.
    What was proved by Nripendra?
    He proved during his deposition that among the 122 licences allotted, 85 belong to new companies, including the shell companies of real estate companies owned by accused like Shahid Balwa, Vinod Goenka and Sanjay Chandra. As per the TRAI Act, it needs TRAI’s mandatory clearance to allow a new firm to operate in telecom sector. This violation was the crux in the SC judgment.
    This was the major evidence cited in the CAG report and CBI’s charges. And during his deposition also then TRAI chairman Nripendra proved it, says Judge Saini in his controversial judgment. Then how is that he acquitted all by complaining about the lack of evidence?
    The judgment also simply ignores the deposition of whistleblower Aseervatham Achary to give clean chit to Raja and Kanimozhi. The Judge says as Achary had political ambitions, therefore, his deposition cannot be taken at face value. Is having political ambition a crime? How can one ignore that the facts provided by CBI were corroborated by Achary’s deposition?

    What is the basic of 2G scam and evidence provided?
    1. Raja allotted telecom licences in 2008 at a price fixed in 2001 by violating the Cabinet decision of October 2003 and TRAI recommendations. In 2001, there were only three million mobile users and in 2008 the number of mobile users surged to 360 million. So he made a gross loss to the exchequer by indulging in favouritism.
    2. Raja preponed the last date of application from October 1, 2007 to September 25. How can he prepone? On January 10, 2008 (scam day) at 2.30 pm, the Telecom Department issued a controversial press release on this controversial decision.
    3. The Press release also said all operators have to pay the licence fee ranging up to Rs 1,658 crore in demand draft between 3.30 pm and 4.30pm on the same day! How can you make high value demand drafts in an hour and rush from banks to the Department of Telecom.?
    4. The CBI and the CAG found all these demand drafts were made well in advance and some companies a week ago. This clearly shows that all the preferred companies were given information in advance. If this is not criminal conspiracy, then what is criminal conspiracy?
    Achary in his deposition corroborated evidence saying the accused players were in touch with Raja on regular days before the scam day January 10, 2008.
    5. The CBI and the ED gave crystal clear bank transaction evidence of Rs 200 crore kickbacks to DMK MP Kanimozhi-controlled Kalaignar TV by Swan Telecom owners in circuitous transaction. The money transferred between 2008 and 2009 was all of a sudden returned through banking channels hours after CBI summoned Raja in December 2010. Is this not an evidence of kickbacks, then what more proof the CBI and the ED can give? If this is not convincing to a Judge, what more we can say? As the laws on contempt of court implies strong provisions let me limit myself to say this is a bad judgment.
    The Government, the CBI, the ED and Chief Prosecutor Anand Grover should immediately challenge this judgment by filing an appeal in the Delhi High Court. There should be a well-coordinated strategy in filing appeal to bring justice in this grand loot of 2G scam. Appeal hearings should be conducted on daily basis to avoid the case being dragged for years.
    We have seen frauds committed by then tainted CBI director Ranjit Sinha in mid-2014. He was removed from the 2G scam probe by the SC, and now he is facing investigation in trying to sabotage the coal scam. Most of the accused were caught paying clandestine visits to his home at nights.
    There are many such hurdles faced by investigators. ED’s Investigating Officer Rajeshwar Singh is still facing all kind of hardships created by the corrupt politicians and corporates. Many times, the SC has warned the Government on this. Recently also attempts were made to shunt him out from ED as soon as after he attached Karti Chidambaram’s bank accounts in connection with the Aircel-Maxis scam.
    We have seen the shunting of CBI Joint Director Ashok Tiwari to Himachal Road Transport Corporation for summoning Chidambaram in December 2014.
    It is high time Prime Minister Narendra Modi fixed the investigation and prosecution in high-profile corruption cases where all sorts of unholy nexus work, including judicial fixing.
    Niira Radia tapes remind us how some judgments were written by someone outside the judiciary and transferred in pen drives to certain judges concerned. These murky things have to end and it is the responsibility of the Modi-led Government which came to power on the promises to fight against corruption.
    The 2G trial court judgment is black chapter in the history of judiciary. This judgment shows how crony capitalism and corrupt lobbies survive and escape prosecution despite foolproof incriminating evidence. There are many factual errors in the trial court’s judgment and I am doing forensic reading of this bad judgment to list it out. I will hand over the list of errors to the CBI, the ED and prosecutor Anand Grover.
    I will do this duty as a citizen of this country. Fiat justitia ruat caelum. This famous Latin legal phrase means, “Let justice be done though the heavens fall.”
    Let us be optimistic that higher forum of Indian judiciary will do justice and undo the bad judgment of the 2G trial court.
    (The writer is a senior journalist with The Pioneer. He exposed the 2G scam in a series of reports starting on December 11, 2008. For his extraordinary investigative journalism he was bestowed with the Ramnath Goenka Journalist of the Year Award in 2012. He has also bagged several prestigious awards, like CNN-IBN television channel’s ‘Indian of the Year’ (Special category) in December 2010, and Rajasthan Patrika newspaper’s KC Kulish International Award for Excellence in Journalism 2010. He was one of the initial complaints against the 2G scam to the CBI, and deposed before the Public Accounts Committee of Parliament)


    http://www.dailypioneer.com/columnis...ent-by-sc.html
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