December 6, 2010.
Dr. Manmohan Singh,
Prime Minister of India,
South Block,
New Delhi.
Dear Prime Minister:
I have studied the notice issued by your Minister Mr. Kapil Sibal who is holding temporary charge of the Ministry of Communication & IT, to licence holders in the 2G Spectrum matter. The said notice issued by the Minister is vague, arbitrary and appears to be to obfuscate the real issue of illegal award of licences.
The fundamental fact is that 85 licences of the 122 are on the face of it illegally obtained because the beneficiary companies did not have the necessary minimum qualification to obtain the licence. Secondly, the Delhi High Court has held the advancement of the cut off date from lst October, 2007 to 25th September, 2007 as arbitrary and unreasonable. On my intervention, the Supreme Court passed an order saying that they were not interfering with this Order of the High Court and rejected the plea of the Attorney General to set aside the Order. Thirdly, the fraud witnessed on January 10, when most of the companies arrived at Sanchar Bhavan with pre-dated demand drafts for the amount of the licence fee of around 1600/1500 crores, even though they had just 45 minutes to produce such drafts. Fourthly, the controlling shares of Swan Telecom and the Unitech Wireless were sold to foreign companies in which the ISI of Pakistan has a big stake. This is a grave danger to our national security.
As Prime Minister you have constitutionally extraordinary residuary power to cancel these licences forthwith in the larger public interest. No court is going to entertain any of these anti-national companies for restoration of the licences if you cancel immediately and without notice.
Therefore it appears to me that the sixty days time given as notice period by your Minister Mr. Kapil Sibal appears to be a device to hold unholy or dubiously negotiate for more bribes from these companies. That is the talk in Mumbai amongst business circles. Please ask your Intelligence agencies located in Mumbai to apprise you of the talk that is going on today. The nation cannot tolerate safeguarding and protecting contractual rights when the licences were illegally and fraudulently awarded to the nine corporate undeserving companies.
I therefore demand that your Government cancel these licences immediately within next ten days failing which I shall have no alternative but once again to approach the courts.
Yours sincerely,
( SUBRAMANIAN SWAMY )
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