Durbar Wins Again…..for now – 2G Scam Accused Let Off By Trial Court

The much awaited 2G scam verdict by a special CBI court has disappointed many across the country. As reported, the court observed that the prosecution had failed to prove its charges against all the accused (including former telecom minister A Raja and senior DMK leader Kanimozhi) as a result of which all were acquitted.

Congress was quick to pounce on this verdict to claim that all charges of corruption against the UPA Government were fabricated and that they stand vindicated after today’s judgement.

#WATCH: Former PM Manmohan Singh says, 'the court judgement has to be respected. I'm glad that the court has pronounced that the massive propaganda against UPA was without any foundation.' #2GScamVerdict pic.twitter.com/9WAhwjekph

— ANI (@ANI) December 21, 2017

We are saying that the PM should come to the house and give a clarification, this govt was formed on the basis that UPA was embroiled in 2G & other scams, but now it has been proved that it was just a scam of lies by the opposition: Kapil Sibal, Congress #2GScamVerdict pic.twitter.com/aPMqbgF1yn

— ANI (@ANI) December 21, 2017

But is the Congress claim that this verdict by the special court means that there was no illegality or corruption during UPA rule, and especially with regards to 2G spectrum allocation, true?

For that, lets consider the 2G Scam timeline –

One of the things to be NOTED is #2GScamVerdict – chargesheet was filed BEFORE May 2014 by CBI / ED. Once filed, THAT is the evidence that is before court AND no new evidence is brought in. Hence court finding no evidence is VERDICT on shoddy investigation in UPA era. pic.twitter.com/mIEleg9Kj2

— Akhilesh Mishra (@amishra77) December 21, 2017

In 2012, the SC had scrapped the 122 2G licenses allocated and termed the Department of Telecom and Telecom Minister’s actions “wholly arbitrary, capricious and contrary to public interest.”

So, the highest court of the land has confirmed that the spectrum allocation process was definitely questionable. Now, anyone with a functioning brain knows that when a precious resource is allocated in arbitrary fashion, there must be quid pro quo involved – some mota maal must have exchanged hands. The 2012 SC judgement is enough to surmise that a scam occurred, but the next (and biggest) challenge was to prove it….to uncover the money trail.

This is where the prosecuting agencies and the Government’s lawyers have failed, going by Judge OP Saini’s verdict today.

Immediately they go on offensive – push that the 2G scam never happened. Per today's case – they could not produce the required level of evidence against the accused. https://t.co/WFpdUL2lB2

— Reality Check India (@realitycheckind) December 21, 2017

https://twitter.com/AbdulAntule/status/943726610435465216

It is clear that the chargesheets against both Raja and Kanimozhi were filed before the current NDA Govt. under PM Modi was sworn in on 26 May, 2014. But couldn’t the Modi Government have filed a fresh chargesheet? While there are cogent arguments, including a 2009 SC judgement restricting scope of filing fresh charge-sheet / re-investigation after a charge-sheet has been filed, clearly the Government could have taken some steps if they felt the chargesheets filed before May 2014 were compromised.

It is here that we need to question PM Modi’s legal team – law is one area which the PM has left completely up to Arun Jaitley, considered the most seasoned legal mind in BJP and the senior-most cabinet minister. It was at Jaitley’s recommendation that Mukul Rohatgi was brought in as the first attorney-general by this Government.

This is what Rohatgi, who has represented some of the accused (like Essar group) in the case, had to say after today’s verdict.

All the people of the industry who were accused have suffered enough, licenses cancelled, they were also unable to travel abroad: Mukul Rohatgi,former Attorney General #2GScamVerdict pic.twitter.com/ljEpIcOwXs

— ANI (@ANI) December 21, 2017

This is what the judge had to say about the gradual deterioration in prosecution’s approach to the case.

The Courts are not there to confirm or conform to your biases. That’s the job of twitter.

Read what the hon’ble Judge said about the way the prosecution in the Modi era conducted itself. The verdict is not a travesty of justice. The travesty happened before justice. pic.twitter.com/ekLY7R9mPi

— Anand Ranganathan (@ARanganathan72) December 21, 2017

Of course, those involved closely with uncovering the scam and tracking this case, have also questioned the quality of today’s verdict –

Trial Judge has audacity to write against findings of SC Verdict 2012 cancelling 2G licenses finding all violations& illegalities by Raja & ratified by Presidential Reference.Never seen such a BAD (or NEECH) Judgment. CBI & ED must appeal
Cc : @narendramodi @PMOIndia @Swamy39 https://t.co/Amm1Z8D22p

— J Gopikrishnan (@jgopikrishnan70) December 21, 2017

Rs.200 cr given thru DMK TV Channel Kalaignar TV from Swan Telecom in 2008-2009 and returned after Raja was summoned by CBI in Dec 2010…all transaction thru Banks…blind not to see this an evidence? NEECH Judgement https://t.co/G3YhHq5QWi

— J Gopikrishnan (@jgopikrishnan70) December 21, 2017

CBI’s general track-record and ability to function independently, free from the pulls and pressures of an entrenched Lutyens’ ecosystem, has also been questioned –

Judge Bharat Prashar summoned Manmohan Singh. But clever Singh went to another SC Bench and got stay. He was supposed to got o Coal Scam Bench only. CBI kept quiet. They did not utter a word when MMS arguing before wrong Bench. Now also CBI not vacating that wrong stay https://t.co/cuwsuzbS7z

— J Gopikrishnan (@jgopikrishnan70) December 17, 2017

Many Modi & BJP supporters on social media are voicing their disappointment, and justifiably so, with the verdict and the way Government law officers and investigating agencies have handled it.

This open voicing of concern and questioning of a leader who is allegedly blindly worshipped by his ‘bhakts’, is in stark contrast to the cringe-inducing servitude displayed towards the Nehru-Gandhi dynasty by Congress supporters.

https://twitter.com/AgentSaffron/status/943759590797307904

And predictably, some Modi supporters and voters, are also proclaiming that the 2G verdict setback is enough to make them abstain from voting in 2019.

But is that a solution? Or will it mean squandering the hard fought gains of the last 3.5 years, and land us back to where we were in 2012 – reeling under mega-corruption scams, shackled by policy paralysis and sitting ducks in face of internal and external security threats?

Tell me one good reason why should i vote Modi or BJP in 2019. ?

— Narayanan (@visaraj) December 21, 2017

https://twitter.com/KarikadaiBoy/status/943732071138189313

Reminder to all – Modi is the ONLY bulwark left. We may be pushing for offensive moves under #core but keep in mind, he must win 2019.

— Reality Check India (@realitycheckind) December 21, 2017

False equivalence!

UPA perpetrated the scam. NDA failed to be ruthless in its investigation. They are both to be blamed. But the blame cannot be equal. Not even remotely.

This equal-equal nonsense is what resulted in AAP https://t.co/p89JYH6Aez

— Marvin (@VogonPoem) December 21, 2017

That Modi represents the best bet to save this nation from the certain chaos that awaits us if the Congress under a Nehru-Gandhi dynast or a disjointed ‘secular’ coalition were to come to power, is a no-brainer.

But at the end of the day, Modi is just a vehicle towards the larger goal of a resurgent Bharat. This 2G verdict offers an opportunity to Modi to reconsider some of his personnel selections – he must keep his personal equations, and possible even some deeply-held convictions, aside, and make some course corrections.

The Luytens’ ecosystem is deeply entrenched and upper echelons of BJP are not immune to its charms. If Modi wants to go down in history as a truly bold reformer, he must take this ecosystem head on.

This is not a setback at all, its an aberration as the law officers were not serious on fighting against corruption. So I hope the PM takes lesson from this.We must now fight corruption on war footing: Subramanian Swamy pic.twitter.com/zNDTSpE70z

— ANI (@ANI) December 21, 2017

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