On Saturday, 14th Novermber,2010, Dr Subramanian Swamy gave an interview to Jaya TV in which he made 3 salient points on the issues around the 2G scam of A. Raja.
The significant one was that the scam is going to be Karunanidhi's nemesis. Karunanidhi's 'Saavu mani" (death bell) was the word Dr Swamy used to describe how the court proceedings would go in the case against A.Raja. He said that with the implication of A.Raja, things would not end. One after another, every person who has had a hand in the scam or the loot would be brought to book. As such, Karunanidhi would also be brought within the gambit of law as the case progresses further.
Nothing happens without the advice of the Karunanidhi – something A.Raja himself made out in his justification for his resignation. A.Raja does suffer from Bhandhana yoga (astrological yoga for incarceration) which will be manifest in his moon dasa. He can not escape punishment. If A.Raja is brought under scrutiny, can Karunanidhi remain far away? But that depends on the how far the Congress leadership itself is part of the scam and have a share in the loot.
Let me first say what Dr Swamy told in the interview and later add my observation.
He clearly said that Karunanidhi's fall is imminent. Karunanidhi's entire life was full of instances of cheating and corruption. Dr Swamy said that Karunanidhi had the distinction of having stolen the jewels of his mother! When Raja's case is taken up, Karunanidhi's name also would be revealed in the loot.
The next important point he made was that he was not alone in the task of fixing Raja and Karunanidhi. This was in reply to the question from the interviewer who felt that as an individual (thani manithan) what he could do about this case.
In his reply, Dr Swamy recalled his association with Manmohan Singh from his (Singh's) early days in the UN and said that he has good and friendly relations with him even now. Similarly he has good relations with many politicians in Delhi. He made a rather mischievous note how could things like tabling the CAG accusing Raja of the mammoth scam happen, if the powers- that -be had not favored it? In the same vein he told that it can not be said that Dr Singh was not for Dr Swamy's current role in taking the scamsters to task. Congress' tacit support to dislodge Raja and discard Karunanidhi is implied by this.
These two points had been understood well by the DMK which reacted violently by burning the effigy of Dr Swamy the next day.
The third point by Dr Swamy was a clarification of a technical point. It has become fashionable for politicians to avoid the issue by a ready-made statement that the issue is 'sub-judice'. We heard this word told many times by A.Raja and Ms Jayanthi Natarajan in the last few days. Dr Swamy says that this word has no relevance in Indian conditions. It is relevant only in those countries such as the USA and the UK where there is a body of Jurists who also have a role in the judgment to be delivered. In those countries, airing of personal views by public officers or politicians would amount to influencing the Jurists. But in India there are no jurists. If some one says that he can not express his opinion because the issue is sub-judice, that implies that his views are likely to influence the Judges's opinion which amounts to contempt of court. Expression of views is not going to alter the opinion of opposite parties and would have in no way alter the position of the party on whose side one is. So by saying that you won't express your opinion because the matter is sub-judice, you are only tarnishing the image of the judges as they are the only ones who should not be influenced. Dr Swamy said that the media persons must retaliate with this point if they are given a reply that the matter is sub judice.
Coming to the overall message of Dr Swamy, it is clear that he is there to bring a final stop to the free reign of Karunanidhi who perhaps holds the sole distinction of a long history of corrupt practices. The most heinous crime by Karunanidhi is scuttling the democratic spirit of free and fair election in Tamilnadu by bribing the voters. The Telecom scam money was used by him in the last elections for this purpose. The Congress had been a silent spectator of that crime, or rather an abettor. That could be one reason that it is not in a position to be outwardly harsh to Karunanidhi. The Congress is also culpable of facilitating victory through such means. The EVM scam is another one which is not yet taken up. But I guess it would also come up for scrutiny some time as I find the astrological yoga for incarceration in a top politician who is known to have got elected to power through EVM scandal. Let us wait and see.
Legal trouble for Raja?
Satya Prakash, Hindustan Times
First Published: 23:50 IST(15/11/2010)
Last Updated: 23:52 IST(15/11/2010)
A Raja seems to be heading for more trouble as Janata Party leader Subramaniam Swamy on Monday vowed to file a criminal complaint to prosecute him under the Prevention of Corruption Act.
Swamy, who wanted the Supreme Court to direct the government to decide his plea for grant of sanction to prosecute the former telecom minister, told the court that after the DMK leader's resignation there was no need for the sanction.
"Now I am going to file a criminal complaint against Raja in a Delhi court to prosecute him for corruption," Swamy told a bench headed by Justice G.S. Singhvi.
He said the government was required to decide his request for sanction to prosecute Raja in three months but it simply sat over it making his plea fructuous. "I want the court should pass a formal speaking order on my petition so that it could a precedent for future such applications," he added.
The bench acceded to Swamy's request that he should be heard first on Tuesday when the hearing resumes.
Earlier, Prashant Bhushan — counsel for Centre for Public Interest Litigation (CPIL) – alleged that Raja sold 2G Spectrum on 'first-come-first-served' basis against all norms as if it was cinema ticket sale.
Bhushan expressed surprise over the government affidavit justifying everything done by Raja and the telecom ministry. CPIL has filed a rejoinder affidavit, which also contained transcripts of alleged conversations between some individuals who lobbied for allocation of 2G-spectrum allocation.
He alleged that the Department of Telecom (DoT) under Raja ignored the advice of PM, ministries of law and finance and the telecom regulatory authority of India and favoured ineligible companies while allocating 2G-spectrum in 2008, causing a loss of around R1.76 lakh crore to the exchequer.
"The DoT in its affidavit has not addressed the issue of Raja's conversations with corporate lobbyists Niira Radia and the role played by Radia in the award of licences and spectrum. These conversations were given by the Directorate of Income Tax (Investigations) to the CBI more than a year back," said the rejoinder filed by the NGO.
Swamy wants to file FIR
OUR LEGAL CORRESPONDENT
New Delhi, Nov. 15: The Supreme Court will tomorrow hear a plea by Janata Party president Subramanian Swamy to allow the filing of an FIR against former telecom minister A. Raja in connection with the 2G spectrum scam.
Since Raja is no longer a minister now, no sanction is required from the Prime Minister for his prosecution, Swamy told a two-judge bench today.
Swamy had earlier filed a petition seeking the Prime Minister's sanction for Raja's prosecution.
He had alleged that though the CBI had filed a case against unknown persons many months ago, no progress had been made.
With Raja resigning, Swamy now sought his prosecution.
Swamy also invoked a Supreme Court judgment, which had said that no sanction was required to prosecute those against whom there were corruption charges.
The sanction clause could be invoked only to protect people who exercise bona fide powers and not those who indulge in corruption, which doesn't fall under official duty, the court had said in an earlier judgment.
The top court said it would hear Swamy's plea tomorrow when it resumes hearing.
It was a low-key hearing today compared with the previous hearing when the court had pulled up the government for making slow progress in the probe and continuing with Raja despite the allegations against him.
Press Trust Of India
Udhagamandalam , November 15, 2010
First Published: 16:46 IST(15/11/2010)
Last Updated: 16:50 IST(15/11/2010)
DMK workers burn effigy of Subramanian Swamy
DMK workers on Monday burnt an effigy of Janata Party president Dr Subramanian Swamy in Udhagamandalam for raking up the 2G spectrum issue, leading to resignation of Union Telecom Minister A Raja, who represents Nilgiris parliamentary constituency.
Raising slogans against Swamy, they doused the effigy with petrol and set it ablaze, police said, adding that no arrests were made.
Swamy had filed a Special Leave Petition in the Supreme Court for a direction to Prime Minister Manmohan Singh to decide on his application, seeking prosecution of Raja.
Raja resigned last night.
DMK activists also staged demonstrations at Gudalur, Pandalur and Kothagiri against Swamy for allegedly making derogatory remarks against party president and chief minister M Karunanidhi, in an interview to a TV channel, police said.
Meanwhile, AIADMK workers burst crackers and distributed sweets to the public and partymen in Coimbatore, rejoicing over Raja's resignation.