Showing posts with label 2g scam. Show all posts
Showing posts with label 2g scam. Show all posts

Tuesday, December 10, 2013

हंगामे के बीच 2जी पर JPC रिपोर्ट पेश

प्रश्नकाल के बाद जैसे ही स्पीकर मीरा कुमार ने पी.सी. चाको को जेपीसी रिपोर्ट पेश करने के लिए पुकारा, बीजेपी समेत कई दलों के सदस्य खड़े हो गए

स्पीकर ने कहा कि जेपीसी की बैठकों में नियमों के उल्लंघन के बारे में यशवंत सिन्हा और गुरुदास दास गुप्ता के संदेश उन्हें मिले हैं, लेकिन नियमों में ऐसी कोई व्यवस्था न होने की वजह से वे इस बारे में चर्चा कराने की अनुमति नहीं दे रही हैं

इस पर बीजेपी के सदस्य अपनी सीटों पर खड़े होकर विरोध करने लगे

कल्याण बनर्जी (टीएमसी) और गुरुदास दास गुप्ता (सीपीआई) के अलावा अकाली दल व शिवसेना के सदस्यों ने भी किया विरोध

2जी स्पेक्ट्रम मामले में प्रधानमंत्री मनमोहन सिंह को क्लीन चिट देने वाली जॉइंट पार्ल्यामेंट्री कमिटी (जेपीसी) की रिपोर्ट विपक्षी सदस्यों के हंगामे के बीच लोकसभा में पेश कर दी गई।

इस रिपोर्ट को सदन में पेश करने से पहले विपक्ष ने इस पर अपनी कुछ आपत्तियां दर्ज कराते हुए स्पीकर को संदेश भेजा था, लेकिन स्पीकर ने इस मामले में नियमों का हवाला देकर विपक्षी सदस्यों की ओर से उठाई गई आपत्तियों पर चर्चा कराने से इनकार कर दिया। इसके बाद सदन में हंगामा खड़ा हो गया।

2जी पर जेपीसी की रिपोर्ट झूठ का पुलिंदा है।
यशवंत सिन्हा, बीजेपी

विपक्षी सदस्यों को बात न रखने देना उनके अधिकारों का हनन है।
गुरुदास दास गुप्ता, सीपीआई
साभार

विशेष संवाददाता, नई दिल्ली
http://epaper.navbharattimes.com/details/9960-40918-2.html

Tuesday, December 3, 2013

2जी घोटाला : 1029 याचिकाओं से कोर्ट नाराज


2जी स्पेक्ट्रम आवंटन घोटाला मामले की सुनवाई में हाई प्रोफाइल आरोपियों की तरफ से दायर 1 हजार से ज्यादा अंतरिम याचिकाओं से नाराज अदालत ने कहा है कि कोर्ट के कीमती समय को बर्बाद करने और मामले में कुछ जरूरी मुद्दों पर अदालत की राय पहले ही जानने का दबाव बनाने की मंशा से ऐसा किया गया है।

अदालत ने कहा कि मामले में मुकदमे का सामना कर रहे आरोपियों ने अभी तक 1029 आवेदन डाले हैं और लगता है कि वे अदालत को दस्तावेजों के बोझ से डुबाना और दबाना चाहते हैं।

टेलिकॉम लाइसेंस व स्पेक्ट्रम की कीमत व अन्य मामलों से संबंधित दस्तावेज प्रधानमंत्री कार्यालय से मंगाने के लिए दो अलग-अलग अर्जियों पर सुनवाई करते हुए अदालत ने यह टिप्पणी की।

सीबीआई के स्पेशल जज ओ. पी. सैनी ने आरोपियों के इस तरह के आवेदन बार-बार देने पर सवाल खड़ा किया। खुद ही इस सवाल का जवाब देते हुए स्पेशल जज ने कहा कि आरोपी चाहते हैं कि जैसे भी हो अदालत कुछ महत्वपूर्ण मुद्दों पर अपने विचारों का पहले ही खुलासा कर दे।
साभार
Dec 3, 2013, 09.00AM IST, वस, नई दिल्ली
http://navbharattimes.indiatimes.com/india/national-india/2g-1029-appeals-court-angry/articleshow/26755023.cms

Saturday, November 9, 2013

2G scam accused cite HC order, want trial stayed

Continuance of trial would mean contempt of court: Raja
New Delhi: Former telecom minister A Raja and other accused in the 2G scam on Friday pushed for a stay on the proceedings of the case in a Delhi court in the wake of the ruling of the Gauhati High Court holding as “unconstitutional” the setting up of the CBI.

In a related development, Congress leader Sajjan Kumar wanted the court to declare as “illegal” the probe and charge sheets filed by the CBI in a 1984 anti Sikh riots case against him in the wake of the High Court verdict.

Raja and other 2G accused including top corporate executives said continuance of the trial in the case which has been probed by CBI would amount to contempt of court.

“Before we proceed today I want to mention that the nation today woke up with banner headlines in newspapers that the CBI is not police.

“By coincidence the chief Investigating Officer happens to be in the court today and in view of the Gauhati High Court judgment, we should not proceed with the proceedings otherwise it would be a contempt of court,” Majeed Memom, appearing for accused Swan Telecom Promoter Vinod Goenka, told the court. “Sir, I can show you the judgment here,” Raja’s counsel Manu Sharmahe told Special CBI Judge O P Saini who declined their oral plea to halt the trial and went on with the testimony of Chief Investigating Officer and CBI SP Vivek Priyadarshi. “I have read the newspaper but I cannot go by the media reports,” the judge said.

At the end of the day, the defence lawyers placed before the court judgement of the high court and said they will move a formal application in this regard in the court on Monday.

In its judgement, the High Court has struck down the 1963 resolution through which the Central Bureau Investigation (CBI) was set up and held all its actions “unconstitutional”.
The Centre has decided to file an appeal in the Supreme Court against the High Court verdict.

Kumar’s counsel mentioned the judgement before District Judge J R Aryan and said if CBI itself is unconstitutional, its probe and charge sheets are also illegal. The judge, however, said the effect of this judgement is not clear at this stage as it is too early and asked the counsel to proceed with the case which will now come up for hearing on November.

The court had earlier framed various charges including murder and rioting against Kumar, Brahmanand Gupta, Peru, Khushal Singh and Ved Prakash in connection with killing of a man in Sultanpuri area in the riots. —PTI
Courtesy:
Published Date:  Nov 09, 2013
http://epaper.dnaindia.com/story.aspx?id=54883&boxid=33942&ed_date=2013-11-09&ed_code=820009&ed_page=10

Friday, June 21, 2013

2G scam: CBI finds no ‘criminality’ in Radia tapes

New Delhi: In a big relief to former corporate lobbyist Niira Radia, CBI and income tax department will shortly tell the Supreme Court that they have found no element of “criminality” in the transcripts of her taped conversations. The two agencies have jointly transcribed the conversations, recorded in connection with the 2G spectrum scam, over a period of three months.

A top official told TOI, “We have completed the work of transcribing 5,800 tapes of tapped conversations of corporate lobbyist Niira Radia, as directed by the Supreme Court.”

The six-member team of CBI and I-T department began its work of examining the tapes of Radia with politicians, corporate honchos and others in April. The team, headed by a deputy inspector general-rank officer, had started the process of going through the tapes and its transcripts running into 49 volumes as per the directions of Supreme Court in February.

An apex court bench comprising Justices G S Singhvi and S J Mukhopadhaya, while directing formation of the team on February 22, had given four months for it to submit its report. The team’s job was to scrutinize the tapes to ascertain if there were any elements of ‘criminality’ in them. Sources said they limited themselves to those conversations, which pertained to criminal element and relating to interest of justice.

A few tapes, which found its way to media houses, triggered a political storm as some of the conversations showed the nature of corporate lobbying and its purported impact on politics. The income tax department had placed transcripts of 5,800 tapped telephone conversations in sealed envelopes in the court. They were recorded as part of surveillance of Radia’s phones on a complaint to the finance minister on November 16, 2007 alleging that within a span of nine years, she had built up a business empire worth over Rs 300 crore.

The I-T department had recorded 180 days of Radia’s conversations -- first from August 20, 2008 onwards for 60 days and then from October 19 for another 60 days. Later, on May 11, 2009, her phone was again put on surveillance for another 60 days following a fresh order given on May 8.
Courtesy:
Neeraj Chauhan TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/06/21&PageLabel=13&EntityId=Ar01301&ViewMode=HTML

Monday, May 13, 2013

2G JPC split down middle on PM role : IN RUN-UP TO 2014, TROUBLES MULTIPLY FOR UPA

New Delhi: Faced with a serious risk of the rejection of the JPC report on the spectrum scam, which gave a clean chit to the PM and the finance minister, the Congress on Tuesday aggressively lobbied the SP to prevent it from joining parties determined to change the draft prepared by the Congress’s P C Chacko.

With 15 members of the 30-strong panel set to insist on significant changes in the report, which pinned the blame on the NDA and ex-telecom minister A Raja, the vote of the SP member on the panel, Shailendra Kumar, will be decisive in settling whether the PM and the finance minister attract the blame. TNN

CAG picks holes in rural job scheme
New Delhi: The UPA’s flagship rural job guarantee scheme seems to be losing popularity, with the number of rural poor opting for it coming down.

Rural household employment fell from 54 days in 2009-10 to 43 days in 2011-12 even as the scheme aims to enhance livelihood security by providing at least 100 days of guaranteed wage employment in a year. In fact, Maharashtra, UP and Bihar, which are home to nearly 50% of India’s below the poverty line population, accounted for only 20% of total expenditure under the scheme. The performance in 2012-13 is believed to be even worse. TNN
Courtesy:
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/04/24&PageLabel=1&EntityId=Ar00106&ViewMode=HTML

Raja may get hearing on 2G from PAC


New Delhi:Denied a hearing by the Joint Parliamentary Committee (JPC) on telecom, DMK leader A Raja might get a chance to tell his version of the 2G story before the Public Accounts Committee (PAC).

The PAC’s 2G report remains an “unfinished agenda” as it was not formally adopted after Congress members protested its conclusions blaming PM Manmohan Singh and finance minister P Chidambaram for lack of oversight.

The recent controversy over Raja being indicted by the JPC without being allowed to present his views has brought the PAC’s older report in focus. TNN

PAC on 2G: DMK’s exit may make things difficult for UPA
New Delhi: The DMK’s exit from the ruling coalition has also tilted the balance slightly away from the UPA in the PAC and a new sense of opposition unity can propel the 2G report back onto the committee’s active agenda.

The report did not get an official tag after a PAC meeting was adjourned without a ruling from senior BJP leader M M Joshi who heads the committee. Joshi thereafter sent the report to Lok Sabha Speaker Meira Kumar.

The Congress and its allies had then demanded a vote on the report’s adoption, a move that came back to haunt the ruling party in the JPC where half the members have threatened to “reject” the official draft’s clean chit to PM Manmohan Singh and finance minister P Chidambaram. Sources said the 2G report has not been brought back for the PAC’s consideration given the tempers it has raised in the past, but it was up to the panel to decide whether it needs to hear more witnesses to add to the report.

Joshi had been keen that the committee examine T K A Nair, former principal secretary to the PM (currently secretary in PMO), former cabinet secretary K M Chandrasekhar and A Raja. The BJP leader had argued that the PMO and the cabinet secretariat could respond to Raja’s claims that he had not acted in isolation and kept the PM and Chidambaram informed about both policy and allocation procedures.

Clashes in PAC meetings ensured that none of the three were able to brief the committee, but the Congress’s opposition to the draft ensured it could be brought back to life from the suspended animation it has been in.

Whether the committee does get around to calling Raja is a contentious issue, as such a move is bound to reignite the acrimony that marked proceedings when the 2G report was being considered. However, this time, the DMK has switched sides over Raja being denied a hearing by the JPC.
Courtesy:
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/04/30&PageLabel=13&EntityId=Ar00107&DataChunk=Ar01301&ViewMode=HTML

2G Scam: Vinod Goenka’s wife: He didn’t do anything illegal

New Delhi: The wife of Swan Telecom director Vinod Goenka, who is an accused in the 2G spectrum allocation scam case, on Monday told a special CBI court that her husband never committed an “illegal act”.

Deposing as a prosecution witness, Aseela Vinod Goenka told special CBI judge O P Saini that she did not know about the decisions of Dynamix Realty, through which Rs 200 crore “illegal gratification” was allegedly routed to Kalaignar TV, as the decisions are taken by its oversight committee.

“I have been married for 27 years. It is correct that I do not know about the decisions of Dynamix Realty as the decisions are taken by oversight committee and Conwood Construction and Developers Private Limited is only a one per cent partner in that. My husband never committed an illegal act,” Aseela, also a director of Conwood Construction and Developers Pvt Ltd, told the court. She denied the suggestion of the CBI prosecutor hat she was deposing falsely to protect her husband.
Courtesy:
TIMES NEWS NETWORK
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/04/30&PageLabel=13&EntityId=Ar01304&ViewMode=HTML

Thursday, May 2, 2013

2G Scam: Raja’s denial may further stoke JPC fire

New Delhi: Former telecom minister and key 2G accused A Raja has denied the allegation that he “misled” PM Manmohan Singh saying he took no unilateral decision and kept Singh informed at every step.

“I took no unilateral decisions. Every major decision was taken after consultations with DoT officials, and then with Prime Minister, finance minister and external affairs
minister,” Raja said in a fresh missive to the JPC chairperson P C Chacko. Raja said he “personally discussed” with the Prime Minister all issues, including entry fee, nonauction of spectrum, first-come-first-serve policy and processing of applications till September 25, 2007.

The government has refuted his allegations against the PM, saying it was for the ex-minister to explain if some telecom firms were tipped off about the decision to issue licences on compliance of letters of intent (LoI).

However,with the Opposition up in arms over the JPC draft giving a clean chit to the PM while accusing the Vajpayee government of giving away revenue of Rs 40,080 crore, Raja’s letter will add to the political heat.

Raja said he met the PM on several occasions between November, 2007 and January, 2008 and told him about the telecom ministry’s decision to issue licences on basis of compliance of LoI. The decision to award licences by the LoI method has been criticized as it has been alleged that the procedure was manipulated to favour select telecom firms. Raja claims licences were issued only after PM approved the LoI route for applications being processed.

Privilege notice against Chacko
New Delhi: Outraged at the manner in which the JPC draft report on the 2G spectrum scam was leaked to the media even before it reached most of the 30 panel members, BJP, Left and DMK members submitted privilege notices against chairman P C Chacko in both Houses of Parliament on Monday. TNN
Courtesy:
TIMES NEWS NETWORK
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/04/23&PageLabel=11&EntityId=Ar01102&ViewMode=HTML

2G Scam: CBI questions timing of CD, says wrong to say 2G trial hit


A day after a CD containing alleged conversations between the CBI's public prosecutor in the 2G scam, A K Singh, and Unitech MD Sanjay Chandra surfaced, the agency questioned the "timing" of the leak, hinting at "corporate espionage".

The CBI has set up a team to look into any setback to the 2G trial because of the episode, following allegations that Singh could have tried to help Chandra. The CD was aired by news channel CNN-IBN.

"We have registered a preliminary enquiry and cannot rule out corporate espionage. The conversation appears to have been recorded in September-October last year. The fact that it was aired just before the JPC meeting and coming Parliament session cannot be ignored," a top CBI official said.

The agency also defended its prosecutor, saying there was no forensic evidence yet to condemn him. "It is wrong to say that the investigations and trial in 2G case have been compromised. Singh has been associated with several important CBI cases in the past and we have to wait for forensic evidence before taking any action against him. He is not the chief public prosecutor in 2G. He is one of the assisting public prosecutors to U U Lalit, who has been appointed by the court as the special public prosecutor," said an officer.

The agency will be sending the voice samples of Singh and Chandra for forensic examination. Under the CrPC, a person's consent is required before taking samples of his voice.

"We have to wait till the CD's genuineness is proved. Once we find prima facie evidence, we will move to the court to seek permission for voice samples," the officer said.

He also added that the CBI cannot comment on the authenticity of the tape. "It is not clear whether someone has illegally taped the phone or recorded the conversation with a sophisticated device."

Giving out the sequence of events that led to the removal of the public prosecutor, the top official said, "The CBI received a CD containing the conversation between two persons from a source 10 days back. After initial probe, we registered a PE and removed Singh from the 2G case." The CBI refused to reveal the identity of the source.

This was also confirmed by JPC chairman P C Chacko, who said that CBI Director Ranjit Sinha had informed the panel members that the tape was received by a DIG of the CBI from "a source" 10 days ago. The DIG in turn had handed it over to the director. Sinha appeared before the JPC Tuesday and was examined by JPC members.

Responding to a pointed query on whether the tapping was the result of an operation by the counter-intelligence wing of the CBI or someone else, Chacko said he could say from what transpired at the meeting that it was not the work of "a government agency".

Sinha is learnt to have also told the JPC that prima-facie the voices on the tape were those of Chandra and A K Singh.

DMK wants Raja called to JPC

As JPC chairman P C Chacko sought to conclude the process of examining witnesses Tuesday, DMK members T R Baalu and Tiruchi Siva made a forceful plea for summoning former minister and their party colleague A Raja as a witness. Sources disclosed that DMK members also demanded that Shahid Balwa of Swan Telecom be called. Chacko told the media that he would be considering the matter as well as consulting other members of the committee informally.

The JPC chief added that experience had shown that calling a person who is an accused in a court case serves no purpose because he cannot make any fresh revelations before the committee. He added that should Raja be called, he would be the last witness. However, if one former minister is called, it would have implications vis-a-vis other former ministers too.
Courtesy:
Express news service : New Delhi, Wed Feb 13 2013, 09:33 hrs
http://www.indianexpress.com/news/cbi-questions-timing-of-cd-says-wrong-to-say-2g-trial-hit/1073423/0

Tuesday, April 23, 2013

2G Scam: Queries on pricing hit dead end

Finmin Note Questioned Logic Of Spectrum PolicyNew Delhi: Questions raised in the government on the validity of pricing 2G spectrum in 2008 at rates set in 2001 and ambiguities over telecom regulator Trai’s views were not pursued as the relevant file hit a dead end, the Joint Parliamentary Committee (JPC) draft report has said.

While endorsing the government’s defence that pricing was a policy decision, the JPC report also says a “self-contained note” arguing for revision of the Rs 1,650 crore entry fee was simply not processed. The draft refers to the position paper dated December 17, 2007 — about three weeks before the 2G licences were allocated — that had said fixing the fee paid by the fourth cellular operator in 2001 may be an incorrect benchmark in 2008.

“We cannot state unequivocally that the interpretation that the 2003 Cabinet decision allowed the entry fee for new operators to be fixed at the 2001 bid levels is correct. There is much ambiguity in this interpretation…unless (DoT) can show other papers to support its view,” Shyamala Shukla, director, infrastructure, in the finance ministry wrote.

The view, later further endorsed by additional secretary Sindhushree Khullar who also argued for auction of airwaves, raises the query whether finance minister P Chidambaram remained unaware of this opinion and if he took a view on the matter. In another file, Khullar, noted on April 15, 2008, that “in pursuance of FM’s directions, a comprehensive note on spectrum policy including utilization, allocation and pricing of 2G spectrum was placed before him on the basis of which he had issued a note to PM dated January 15, 2008.”

Shukla had written that “it may not be correct to say that the increase in entry fee, which is presently based on the 2001 auction will increase the cost of service”— a view that challenges the Manmohan Singh government’s argument that a higher price of spectrum would have hurt the consumer.

The official said higher price of spectrum will force service-providers to be more efficient as competition acts as a spur to prevent costs being passed on to the consumer. “Department of economic affairs could take up this issue with DoT and ask them to revise the entry fee…alternatively a GoM could look into all the issues.” “The note was marked to joint secretary andadditional secretary. It has been stated that there are however nonotings thereafter and the file hanot been processedfurther,” the JPC draft report states. The lack of interest shown by the finance ministry in examining the opinion offered by the mid-level officer and her senior colleague is intriguing, all the more as it flies in the face of the government’s claim that keeping mobile services affordable was an important policy objective.

Karunanidhi’s wife too ill to appear before 2G judge: DMKChennai: Former Tamil Nadu chief minister and DMK chief M Karunanidhi's wife Dayalu Ammal is unlikely to appear before a Delhi court on May 6 to depose as a CBI witness in the 2G spectrum case. The CBI has submitted a list of prosecution witnesses to be summoned for recording of statements in the case before special CBI judge O P Saini. According to CBI, 80-year-old Dayalu Ammal holds 60% shares in Kalaignar TV. “Dayalu Ammal is too ill to come out of the house. We will submit a medical report to the court soon,” a senior DMK leader said. AGENCIES
COURTESY:
Rajeev Deshpande TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/04/20&PageLabel=13&EntityId=Ar01300&ViewMode=HTML

Saturday, April 20, 2013

2G Scam: Raja says PM kept in loop, oppn trashes JPC report as cover-up

New Delhi: The joint parliamentary committee (JPC) draft report absolving Prime Minister Manmohan Singh of any wrongdoing in the 2G scam kicked off a political row, with the opposition on Friday slamming the report as a cover-up and former telecom minister A Raja asserting that Singh was kept in the loop at every step.

Raja, a key accused in the case, challenged the JPC draft report’s conclusion that he had “misled” the PM on the allocation of telecom licences that were struck down by the Supreme Court. “I had done everything in consultation with the prime minister. After demitting office, I told everyone that whatever I did was in consultation with the PM,”

Raja said as the JPC draft set off shockwaves.
DMK chief M Karunanidhi added to the opposition’s criticism, sardonically saying, “How can one believe that a minister misled the prime minister?”

Stung Opposition hits out at JPC report leak
New Delhi: The JPC's draft report on the 2G scam has raised the opposition's hackles. The stage is now set for a tumultuous meeting of the JPC on April 25 when the draft will be discussed. The committee is evenly split between the UPA, its outside supporters and the opposition, with the DMK being the latest recruit. But given the heat the report is generating, it remains to be seen whether a vote will actually take place as the draft is likely to be vigorously attacked by the opposition while Congress members defend its findings.

Angry BJP leaders, stung by the draft blaming the A B Vajpayee government for “forgoing” revenue of Rs 42,080 crore by allowing the migration of telecom players from fixed fees to revenue sharing, said the Congress was subverting the truth. While BJP chief Rajnath Singh called the report a cover-up, opposition leader in the Rajya Sabha Arun Jaitley said Raja’s correspondence with the PM and finance minister P Chidambaram made it clear that they were well aware of the 2G policy implementation.

BJP and Left leaders sharply criticized Congress MP P C Chacko, who heads the JPC, for the leak of the draft which, they said, had reached the media before members of the committee. “The draft report looks like a Congress document and not a JPC report in which there is an overpowering desire to save its leaders, including the PM and the finance minister,” Prasad said.

Mr. Yechury said, “This is most unfortunate that even before members of the JPC like me got the report, its specifics were out in the newspapers this morning...We will take it up as it is a breach of privilege of Parliament.” He wondered why Raja had not been allowed to appear before the committee. “He is the main accused. It is surprising that despite his request, he was not called. The country would like to know why a minister, who was even jailed in the case, was not called despite his request,” Rajnath said.
COURTESY:
TIMES NEWS NETWORKhttp://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/04/20&PageLabel=3&EntityId=Ar00304&ViewMode=HTML

Wednesday, April 10, 2013

2G SCAM: CBI 2G prosecutor removed after CD 'triggers doubt'

Acting on a CD that allegedly raises suspicion about the role of its own public prosecutor in the 2G scam case, A K Singh, the CBI on Monday removed Singh from the trial and registered a preliminary enquiry to probe the development.

The CD containing voices of two persons is said to detail a discussion between Singh and Unitech MD Sanjay Chandra. The 17-minute audio clip was reportedly received by the CBI from an unknown source last week and was aired by TV news channel CNN-IBN on Monday. The CBI has informed the special court set up for 2G cases about the CD.

CNN-IBN claimed that Singh, in the purported taped conversation in its possession, can be heard advising how the proceedings in the 2G case against Unitech can be muddled. It is alleged that Singh is also suggesting ways to weaken the CBI's case against Unitech. The Indian Express has not accessed the CD and cannot independently verify its reported contents.

Unitech refuted the allegations sought to be made by the CD and said Chandra had neither met Singh outside court nor had any phone conversation with him.

It said the voice on the CD appeared fabricated and was an attempt to malign him and prejudice his defence in the 2G case.

CBI director Ranjit Sinha said he could not confirm the genuineness of the recording and a forensic examination would give the correct picture. But since the prosecutor has come under a cloud, he had been transferred from the case, he said, adding that until the inquiry is completed, CBI cannot take action against Singh.

"We have registered a PE and are verifying the allegations leveled in the audio tape. The CD containing the audio was received by CBI few days back from an unknown person," said CBI spokesperson Dharini Mishra. Sources said Chandra, who is alleged to be the second voice in the CD, was examined by CBI and also confronted with Singh on Monday.

In one of the conversations broadcast by CNN-IBN, Singh is alleged to be ignoring a suggestion made by the CBI's DIG: "Hamare se upar DIG ka phone aaya tha ki Srivastava se poocho ROC and memorandum wala issue. Maine bola kyun apne pair pe khuladi marwa rahe ho....Srivastava wahi bolega jo file pe hai (The DIG asked me to question one of the witnesses on the issue of memorandum and ROC but I suggested that it will invite trouble for our case)."

CNN-IBN also claimed that the CD contained an "unusual conversation" in which the "chief 2G prosecutor is asking Chandra what the worth of a government lawyer like him is in the market": "Hum logon ki biradari main kya kimat hogi?"

To which Chandra is alleged to have replied: "Dekho agar corporate mein naukri karo to 3-4 lakh but daily appearance ke hisaab se karo, before 2G rates alag hote, after 2g rates double ho gaye hai (If you work in the corporate sector, a salary of Rs 3-4 lakh, but rates of lawyers have doubled after the 2G scam if you work on the basis of daily appearance)."

Reached for comment, a Unitech spokesperson said in an email reply that Chandra was currently unavailable due to a bereavement in his family. "However, he wishes to make it absolutely clear that he has never met the prosecutor in the 2G case outside of court or had any phone conversation with him. He denies the suggestion that his voice is on any alleged recording. It appears a fabricated voice recording has been sent anonymously to the CBI," the spokesperson said.

"Any suggestion that Sanjay Chandra is linked with this recording is nothing but an attempt to malign him and prejudice his defence in the 2G case. Increasingly, manipulated voice recordings are finding their way into the public domain with ulterior motives. Despite the bereavement in his family, Sanjay Chandra has joined the CBI's enquiries and has made his stand crystal clear," the email said.

"It is regrettable that CNN-IBN did not deem it appropriate to wait for a determination by the CBI and forensic experts regarding the genesis and authenticity of the alleged voice recording before airing the same. It is reiterated that the recording is a fabrication. In the past also, in several cases fabricated recordings have been played out but not one of them have stood the test of judicial scrutiny," it added.
Courtesy:
Express news service : New Delhi, Tue Feb 12 2013, 04:35 hrs
http://www.indianexpress.com/news/cbi-2g-prosecutor-removed-after-cd-triggers-doubt/1072947/0

2G SCAM: Prosecutor was helping key accused in 2G case, says CBI


Talk Between Unitech MD, Counsel ‘Taped’

New Delhi: In a stunning twist to the 2G case, an audio tape of a CBI senior public prosecutor purportedly advising a key accused on how to counter the prosecution’s charge has emerged, breathing fresh life into the megascam and bringing fresh trouble for the UPA government.

The tape, sent to the CBI anonymously, purportedly has the agency’s senior public prosecutor, A K Singh, speaking to Sanjay Chandra, managing director of Unitech and one of the main accused in the scam, tutoring him on how to strengthen his defence and weaken the CBI’s case against him. “I have been muddling up the matters only for you,” Singh purportedly tells Chandra in the tape, which has been sent for forensic investigation.

In a revealing bit, Singh asks the person purported to be Chandra what would be the value of a lawyer like him in the corporate sector. Chandra replies by mentioning a monthly salary of Rs 3-4 lakh, excluding the daily appearance fee which, according to him, doubled in the wake of the 2G spectrum scam.

The investigation agency confirmed the tape and said Singh has been removed and a preliminary inquiry filed to probe the case.

A statement issued by Unitech said, “Sanjay Chandra is currently unavailable owing to bereavement in his family. However, he wishes to make it absolutely clear that he has never met the prosecutor in the 2G case outside of court or had any phone conversation with him... It appears a fabricated voice recording has been sent anonymously to the CBI.”

‘Balwa’s poor legal strategy ruined everyone’s interest’
The September tape, the origin of which remains a puzzle amid speculation that corporate rivals could be behind the sting, has the prosecutor further claiming that he has misled a CBI DIG in order to help Chandra. He coaches the accused that he should blame the press release where the cutoff date for eligibility of spectrum was changed in order to rebut the allegation that Unitech was singled out by Raja for favour.

The conversation touches on the deposition of senior DOT official A K Srivastava incriminating Chandra. Srivastava had in August 2012 told the 2G court that A Raja’s private secretary R K Chandolia had asked him to stop receiving new applications for 2G licences once he had received papers from Unitech group firms.

Singh who has now been replaced by K K Goyal as CBI’s prosecutor in the 2G case, also advises Chandra to quietly get the MOU matter out of way: perhaps a reference to Unitech’s deal with Telenor where the Norewigian telecom giant paid Rs 6,100 crore for 60% stake in the former’s venture. The transaction has been cited by CBI as evidence that the Rs 1651crore Unitech and others paid for the 2G spectrum was a scam.

Going by the purported tape, Singh guides Chandra on orders of the Supreme Court and Allahabad HC which could help defence, and discusses Unitech’s issues with the ministry of corporate affairs.

AK Singh also tells Chandra that Shahid Balwa, another accused and co-promoter of Mumbai-based DB group, has “ruined everyone’s interest” by his poor legal strategy.

Chandra and Singh were examined by the CBI on Monday. In a statement issued later, Unitech described the contents of the tape as concocted, stressing that Chandra would cooperate with the investigation. Attempts to contact Singh for his version did not succeed.

The CBI reacted to the scandalous embarrassment by launching a Preliminary Enquiry, taking Singh off the 2G case. It also informed the Supreme Court which is monitoring the investigation, Central Vigilance Commission and the government.

The fear of sabotage of prosecution brings the spotlight back on the huge scam, widely seen as symbolizing crony capitalism and underlining the politico-corporate nexus, just when it appeared to be receding from public discourse. The multi-billion scam which along with Commonwealth Games bruised the UPA and raised doubts about India as a safe investment destination. But it had lately retreated to fringes, despite the occasional reports on sparring between the prosecution and defence counsel in the court and the slugfest in the Joint Parliamentary Committee between ruling coalition and opposition members.

The revelation can stoke up the flagging attention, with anti-corruption activist Prashant Bhushan alleging that Singh’s purported collusion was part of an effort to hush up the scam case, rather than in instance of individual indiscretion.

TWIST IN TELECOM TALE
CBI files preliminary enquiry report, claims 2G case prosecutor A K Singh colluded with accused Sanjay Chandra of Unitech.

Singh apparently heard tutoring Chandra in tape sent anonymously to CBI; agency removes Singh as prosecutor in case Singh heard purportedly telling Chandra, “I have been muddling up the matters only for you”
Courtesy:
TIMES NEWS NETWORK
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/02/12&PageLabel=1&EntityId=Ar00100&ViewMode=HTML
.............

2G SCAM: Sr public prosecutor, Unitech MD face CBI queries


Voice Samples Taken To Match Audio In Tape
New Delhi: After registering a preliminary enquiry four days ago in the case of an audio tape allegedly having a conversation between senior public prosecutor in the 2G case, A K Singh and Unitech managing director Sanjay Chandra, the agency on Monday examined the duo for several hours.

Sources say Chandra and Singh were called to the CBI headquarters around 11 am by the 2G investigating team and were quizzed over the 17-minute conversation, which the CBI says pertains to discussion on prosecution strategy in the case, till evening.

They were also reportedly confronted with the tape audio and their voice samples have been taken to match the voices on tape, sources said. The agency is likely to examine them again as the probe progresses.

However, despite the CBI director Ranjit Sinha on Monday going on record to say that the voices on the tape prima facie appear to be that of Chandra and Singh, Unitech has summarily denied its MD’s connection with the tape calling it “fabricated”.

The CBI has removed A K Singh, who was assisting special public prosecutor U U Lalit in the case since the beginning, pending enquiry, with K KGoyal replacing him.

Sources in agency say that the conversation between Chandra and Singh had been recorded last September but it was sent to the CBI only recently. The agency has filed all important chargesheets in the 2G scam in the past two years even as Aircel-Maxis deal is under investigation. However, sources say the accused trying to influence prosecution officers may harm the case during trial, which is being monitored by both the Supreme Court and the JPC.

“Sanjay Chandra wishes to make it absolutely clear that he has never met the prosecutor in the 2G case outside of court or had any phone conversation with him. He denies the suggestion that his voice is on any alleged recording. It appears a fabricated voice recording has been sent anonymously to the CBI. Any suggestion that Sanjay Chandra is linked with this recording is nothing but an attempt to malign him and prejudice his defence in the 2G case,” Unitech said in a statement.

The CBI in a statement argued
“It has come to the notice of the CBI that a Public Prosecutor was allegedly in touch with, and was discussing certain points regarding prosecution strategy with an accused in the 2G Spectrum allocation case, which is currently under trial before the court of Special CBI Judge at Patiala House Courts. These allegations are being probed.”

JPC to question CBI chief today
    Central Bureau of Investigation director Ranjit Sinhawill be questioned by members of the Joint Parliamentary Committee on telecom on Tuesday with regard to the allegations that the agency’s prosecutor in the 2G scam was in unauthorized contact with an accused.

The taped conversation between CBI prosecutor A KSingh and Unitech’s Sanjay Chandra will figure prominently with Opposition MPs like Yashwant Sinha and Gurudas Dasgupta, who are expected to question the CBI chief on the circumstances of the recording and its consequences for the trial.

The CBI chief’s testimony was slated to be one of the last presentations to the JPC along with telecom secretary R Chandrashekhar. But the new revelations may see some members demand more information and seek the presence of additional witnesses. TNN 
Courtesy:
TIMES NEWS NETWORK
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/02/12&PageLabel=12&EntityId=Ar01200&ViewMode=HTML

Sunday, April 7, 2013

2G SCAM: CBI probes telco honchos, voice samples sent for tests

New Delhi: Jolted by the disclosure that its case in the mega spectrum scam may have been compromised, the CBI has launched a probe into the audio tape of the purported conversation between its prosecutor A K Singh and 2G scam accused Unitech MD Sanjay Chandra.

The CBI on Wednesday examined representatives of Chandra’s company whose names figured in the conversation. The agency also took Singh’s voice sample and sent it for forensic examination while it is yet to get Chandra’s consent for his voice sample.

Sources said the agency was examining every person mentioned in the 17-minute audio tape, and Shahid Balwa of D B Realty would be called for examination soon. About former, DoT official A K Srivastava — the star CBI witness in the 2G case, sources said he has backed the probe and never retracted from his testimony.

“So far, our enquiry has revealed that Srivastava has not been compromised and he has not been contacted by any 2G accused. The prosecution strategy discussed by A K Singh with Chandra has not affected Srivastava’s testimony,” a source said.

“The audio tape, prima facie, suggests that A K Singh very well knew what he was discussing with Chandra and he was not being pushed to say anything,” the source said.
COURTESY:
Neeraj Chauhan TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/02/14&PageLabel=11&EntityId=Ar01102&ViewMode=HTML

Sunday, February 17, 2013

2 जी घोटाला : टेलिकॉम कंपनियों पर कोर्ट सख्त

मोबाइल ऑपरेटर कंपनियों को लेकर सुप्रीम कोर्ट ने शुक्रवार को सख्ती दिखाई। कोर्ट ने कहा कि जो कंपनियां 2 जी लाइसेंस रद्द होने के बाद नए सिरे से हुए स्पेक्ट्रम की नीलामी में शरीक नहीं हुईं या जिन्होंने नए स्पेक्ट्रम हासिल नहीं किए उन्हें अपना ऑपरेशन बंद करना होगा। कोर्ट ने यह भी साफ किया कि जिन कंपनियों ने 12 नवंबर को हुई नीलामी में स्पेक्ट्रम हासिल कर लिए हैं उन्हें सविर्स शुरू करने को कहा जाएगा। इसके अलावा 2 फरवरी 2012 को लाइसेंस रद्द करने संबंधी आदेश उन कंपनियों पर लागू नहीं होगा जिनके पास 900 मेगाहर्ट्ज बैंड स्पेक्ट्रम है।

बंद हो ऑपरेशन: सुप्रीम कोर्ट ने कहा कि जो कंपनियां नीलामी में कामयाब नहीं रहीं और लाइसेंस रद्द होने के बाद नई नीलामी में शामिल नहीं हुईं, उन्हें ऑपरेशन बंद करने का निदेर्श दिया जाता है। कोर्ट ने यह भी कहा कि 2 फरवरी, 2012 को लाइसेंस रद्द किए जाने के बाद एक विशेष अवधि तक ऑपरेशन जारी रखने की अनुमति दी गई थी, उन्हें नवंबर 2012 में हुई निलामी के दौरान तय रिजर्व प्राइस के हिसाब से रेट देने होंगे। मामले की सुनवाई के दौरान वकील प्रशांत भूषण ने दलील दी थी कि मौजूदा आपरेटरों को ऑपरेट करने की इजाजत नहीं होनी चाहिए क्योंकि कंस्यूमर्स के पास कई अन्य विकल्प मौजूद हैं।

इनके लाइसेंस हुए रद्द: सुप्रीम कोर्ट के आदेश के तहत सिस्तेमा श्याम टेलिसर्विसेज (एमटीएस) के 21, टेलीनॉर के कंट्रोल वाली यूनिनॉर के 16, विडियोकॉन के 15 और टाटा टेली सर्विसेज के 3 सीडीएमए लाइसेंस 18 जनवरी से रद्द हो गए हैं। इन लाइसेंसों के तहत देशभर में कुल 25 करोड़ कंस्यूमर्स आते हैं। टेलिनॉर 6 सर्किलों में यूनिनॉर के कारोबार की नई यूनिट टेलिविंग्स कम्यूनिकेशंस को ट्रांसफर करने की प्रक्रिया में है। हाल में हुए ऑक्शन में उसने स्पेक्ट्रम हासिल किया है।

कोर्ट ने दिया था वक्त: कोर्ट ने शुरुआत में टेलिकॉम डिपार्टमेंट को नए सिरे से ऑक्शन के लिए 4 महीने का वक्त दिया था बाद में इसकी मियाद कई बार बढ़ाई गई थी। मामले की सुनवाई के दौरान केंद सरकार ने सुप्रीम कोर्ट से गुहार लगाई थी कि वह 2 जी लाइसेंस रद्द होने वाली कंपनियों को 18 जनवरी के बाद भी ऑपरेशन की इजाजत दे पर यह शर्त होना चाहिए कि वह आगामी 11 मार्च की स्पेक्ट्रम नीलामी के प्रस्तावित मूल्य के बराबर राशि का भुगतान करें।
साभार
नवभारत टाइम्स | Feb 15, 2013, 09.52PM IST
प्रमुख संवाददाता।।नई दिल्ली
http://navbharattimes.indiatimes.com/articleshow/18519821.cms

2G SCAM: Auction all quashed 2G licences right away: SC


Telcos that failed in the November auction and those that did not participate ordered to cease operation immediately

New Delhi: The Supreme Court on Friday directed that the entire licences quashed by it for 2G spectrum be auctioned without further delay and those telecom firms which were unsuccessful and did not participate in the auction process in November will cease to operate forthwith.

The court also held that those companies which benefited by its interim orders to continue with operations following the quashing of their licences by its February 2, 2012 verdict will have to pay the reserve price fixed by the government for the purpose of conducting auction in November 2012.

It said the successful bidders should be allowed to operate in those circles/areas where the existing service providers have lost the licences.

A bench of justices GS Singhvi and KS Radhakrishnan clarified that its directions will have no bearing on the allotment of spectrum in 900 MHZ band which was not the subject matter of the petitions leading to the scrapping of 122 licences for 2G spectrum in 22 circles.

The bench also clarified that the liabilities of those telecom companies which on scrapping of their licences discontinued their operations since the date of judgement will be decided separately.

In its 12-page order, the bench said: “We have considered the respective submissions. In our view, once the licences granted to the private respondents on or after January 10, 2008 and subsequent allocations of spectrum were quashed by this court, the government is duty bound to auction the entire spectrum, which became available as a result of such quashing and it cannot avoid compliance of the court’s order in guise of acting on the recommendations made by TRAI.”

The bench also clarified about the telecom companies which opted out to provide service after the cancellation of the licences by saying: “The issue relating to liability of the licencees, who discontinued their operations between February 2, 2012 and this date (today) shall be decided separately.”

“Since the issue relating to allotment of spectrum in 900 MHZ band was not subject matter of consideration in the writ petition, we deem it proper to make it clear that judgment dated February 2, 2012 will have no bearing on the litigation, if any, filed in the matter of allotment/re-allotment of spectrum in 900 MHZ band and the competent judicial/quasi judicial forum shall be free to adjudicate upon the pending matter or which may be filed hereinafter in relation to the allotment of spectrum in 900 MHZ band and connected issue,” it said.
The apex court had on February 2 last year cancelled 122 licences for 2G spectrum and had directed the department of telecommunication (DoT) to hold fresh auction for them within four months. The deadline was extended by its interim orders from time to time.

As per the apex court order, 21 licences of Sistema Shyam Teleservices (MTS), 16 permits of Telenor controlled Uninor, 15 of Videocon and 3 CDMA permits of Tata Teleservices were to stand cancelled from January 18, affecting around 25 crore subscribers in the country.

In the November 2012 auction, five telecom operators — Bharti Airtel, Vodafone, Telenor-promoted Telewings, Videocon and Idea Cellular — had applied for participating in the auctions.
Sistema Shyam Teleservices Ltd (SSTL) had not participated while Videocon and Telewings won spectrum in six circles each. Idea won spectrum in eight circles.

“Sistema Shyam TeleServices Ltd (SSTL) had filed an application dated 10th Jan 2013 in the Supreme Court saying that the company wants to continue its operations and intends to participate in upcoming auctions in March 2013,” SSTL spokesperson said in a statement.

“Uninor wishes to clarify that this order will have no impact on its operations and services in the six circles of UP East, UP West, Bihar and Jharkhand, AP, Maharashtra and Goa and Gujarat since Telenor Group has already secured fresh spectrum for 20 years in these. Uninor services in these six circles will continue uninterrupted,” the company said in a statement.
COURTESY:
DNA Correspondent l @DNA
Published Date:  Feb 16, 2013
http://epaper.dnaindia.com/story.aspx?id=39189&boxid=22463&ed_date=2013-02-16&ed_code=820009&ed_page=1

2G SCAM : CBI to move court for Chandra’s voice sample

New Delhi:Failing to get Unitech MD Sanjay Chandra’s voice sample with his consent, the CBI is planning to move court in a few days, highly placed sources told TOI.
“In cases where a person refuses to give his consent for taking voice sample or conducting any test, we have the option of moving court and then the court will direct the person to give his sample,” an official said. Senior prosecutor A K Singh’s voice sample has been taken and the audio tape was
sent to CFSL on Friday.

Sources said CFSL will check the tape’s genuineness and give its report in a few days. “If the laboratory confirms that the tape is not bogus, then we will go ahead with taking voice samples and carry further investigations,” the source said.

Meanwhile, the agency on Friday questioned its 2G investigation team to ascertain whether A K Singh had advised them to suppress any information during court hearings.

Unitech had rejected the allegations saying Chandra never met the prosecutor in the 2G case outside the court or had any phone conversation with him. The company also denied that Chandra’s voice was on any alleged recording and said it appeared a fabricated voice recording sent anonymously to the CBI.

According to sources, the tape had been recorded by someone who was present in a room along with Singh and Chandra when they are alleged to have been discussing the strategy in the case. A day after questioning other members of its prosecution team members, a special CBI team quizzed its own officials to understand whether they were ever instructed to dilute the stand of the agency in the court by the prosecutor, the sources said.

Sources said investigations so far indicated that the CD was an apparent outcome of growing corporate rivalry in the telecom sector and did not rule out some more tapes surfacing soon.

After registering a preliminary enquiry, the CBI director Ranjit Sinha formed a special team to ascertain whether the corruption slur on its prosecutor in the 2G case was an ‘aberration’ or some other individuals have also been allegedly compromised.
COURTESY:
Neeraj Chauhan TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2013/02/16&PageLabel=20&EntityId=Ar02000&ViewMode=HTML

Tuesday, December 25, 2012

Spectrum Scam: CBI charges telcos, ex-telecom secy in ’02

CBI Says Favours To Voda, Airtel Led To 846Cr Loss
New Delhi: Nearly two years after the CBI began probing spectrum allocation during the NDA regime, the agency on Friday filed a chargesheet in a case of corruption against telecom firms Airtel and Vodafone and ex-telecom secretary Shyamal Ghosh. The chargesheet claimed the allocation of airwaves during late BJP leader Pramod Mahajan’s term as communications minister had caused a loss of Rs 846 crore.

The CBI estimate is 66% higher than the Rs 508-crore loss mentioned in the FIR and the agency’s report to the JPC on telecom issues, including the 2G scam. The CBI said Ghosh, with Mahajan and the telecom firms, had abused his position to show undue favours to the companies, causing a loss of Rs 846.44 crore.

CBI’S CLAIMS
Then telecom secy Shyamal Ghosh, in conspiracy with Pramod Mahajan and telecom firms, gave undue favours to Airtel & Vodafone, causing a loss of 846cr

Ghosh ‘deliberately’ did not obtain comments of then member (finance) of DoT despite huge financial implications

SPECTRUMPED 
CBI chargesheet gives clean chit to telco promoters
New Delhi: The CBI, in its chargesheet on spectrum allocation, has said former NDA minister Pramod Mahajan, former telecom secretary Shyamal Ghosh and telecom firms had colluded to cause a loss of Rs 846 crore to the exchequer. It said that there was an undue gain to telecom companies, including incidental benefit to other telecom firms, by charging an additional 1% of AGR (adjusted gross revenues) instead of charging the required additional 2% AGR for allocation of additional spectrum from 6.2 Mhz to 10 Mhz.

The chargesheet, accessed by TOI, added that former telecom secretary “Shyamal Ghosh ‘deliberately’ and with ‘mala fide intention’ did not obtain the comments of then member (finance) of DoT despite the issue involving huge financial implications. The wireless advisor, who was the custodian of the entire spectrum, was also intentionally bypassed on flimsy grounds that he was retiring on that very day i.e. on January 31, 2002”.

In defence, Ghosh reportedly told the JPC that the issue of allocating spectrum was pending since 2000 and he could not, contrary to what CBI the has said, be accused of delaying the decision.

On the charge that the decision was rushed through in a single day, Ghosh reportedly said it was based on information developed over more than a year. Telecom regulator Trai had said that it would consider additional licences only if problems of existing operators were addressed.

Ghosh also argued that the extension of revenue sharing set at 2% for additional 5Mhz would be 4% for additional 10Mhz. The CBI named three telecom firms—Bharti Cellular Ltd, Hutchison Max Pvt Ltd (now Vodafone India Ltd) and Sterling Cellular Ltd (now Vodafone Mobile Service Ltd) —as accused.

Ghosh and the firms have been accused of criminal conspiracy and violating provisions of the Prevention of Corruption Act. Although the agency named the firms in the chargesheet, it said it could not find anything against their promoters. The agency accused Mahajan of conspiring with Ghosh to benefit the private players, but said no action was proposed as he is dead. Jagdish Rai Gupta, who was then deputy director general in-charge of value added services, has been made an approver in the case.
Courtesy:
Neeraj Chauhan & Abhinav Garg TNN
http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOIM/2012/12/22&PageLabel=3&EntityId=Ar00303&ViewMode=HTML

2G Scam : Chargesheet rattles bureaucrats

Need Protection To Work Without Fear Of Reprisal From Politicians, They Say
New Delhi:The CBI chargesheet against former telecom secretary Shyamal Ghosh has shaken the civil service fraternity, which has generally felt protected by the “system”. Theoretically, this safety net is necessary for bureaucrats to function without fear of reprisal from politicians, particularly if they are resisting unfair pressure from leaders.

The chargesheet against Ghosh drew mixed reactions from serving babus. While most of them refused to go on record, a section among them believes that there should be adequate protection for bureaucrats as they have to carry on with the ‘orders’ of their political masters whereas the other section thinks that officers of All India Services — specifically from IAS — have enough powers to express ‘dissent’ in official notes.

“This will demoralize senior officers,” observed Naresh Chandra, former Cabinet secretary. He said that the problem has been sharpened because of the definition of “misconduct” in the Prevention of Corruption Act, where the civil servant could be charged even in the absence of any wrongful intent. “This makes the law draconian for the bureaucrat,” he said.

On the other hand, a senior official said that a minister cannot proceed unless bureaucrats support him — sometimes by becoming complicit in corruption, or by ignoring the political master’s decision/ views as it may unnecessarily unsettle him in his or her current posting. Another official said that since there was sometimes a very thin line between a ‘deliberate’ mistake or an ‘inadvertent’ error while taking decisions, the investigating agency should take care of this while charging any officer.

“Even protection under the provision to grant or reject prosecution sanction doesn’ always save bureaucrats if something comes up after a change of regime. Their dis sent notes are the only protec tion in that case if the matter eventually comes in court,” the officer said.

Vishwa Ranjan, former DGP of Chhattisgarh, said, “If it’s a blatantly illegal order, a bureaucrat has no business to quietly sign it. He should have pointed out its illegality by making notings on the rele vant file. He could have eventu ally been overruled or ran the risk of being shunted out. But still, he would have been saved from prosecution for being party to an illegal decision.”

There is general agree ment that the chargesheet against Ghosh has strong polit ical intent behind it, which opens up another can of worms. As a result of in creased activism by CVC and CAG, many upright bureau crats now fear decisions, so that they don’t get tarnished later. The flip side of this is that a bureaucrat’s position is not really safe, because his/her po sition depends on the politic ian, who can order his transfer and settle postings.
Courtesy:
TIMES NEWS NETWORK
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