SC verdict on Swamy’s 2G plea is a slap on the wrists for PM

Discussion in 'Politics & Society' started by Vyom, Jan 31, 2012.

  1. Vyom

    Vyom Seeker Elite Member

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    On Tuesday, the Supreme Court delivered a verdict that empowers the ordinary Indian citizen to take on the corrupt. Among other things, the court’s verdict, delivered by Justice AK Ganguly, said that any citizen of India can seek an enquiry or prosecution against people suspected of corrupt practices.

    When sanction had to be sought for a prosecution from government authorities, there has to be a timeframe within which this has to be given. The court deemed three months to be adequate for sanctioning prosecution of public servants or ministers.

    Politically, the judgment comes as a slap in the face of the UPA government, and especially Prime Minister Manmohan Singh, for the verdict is really a moral indictment of his inaction in the 2G scam.

    The case was brought by maverick Janata Party chief Subramanian Swamy seeking a direction to the PM to allow the prosecution of Andimuthu Raja in the 2G spectrum scam.

    The PM sat and sat on the prosecution – and this is why the court’s verdict on setting a finite timeframe for sanctions is direct indictment of his conduct in this issue.

    Consider what happened.

    On 29 November 2008, Swamy wrote to the PM seeking sanction to prosecute Raja for the 2G spectrum scandal.

    The PM did not reply till 19 March 2010 – that’s 16 months of sitting on his hands — and when he replied he claimed that any sanction would still be “premature” since the Central Bureau of Investigation (CBI) was investigating the matter.

    The PM has not publicly stated the reasons for his silence or his inability to sanction the prosecution of Raja, but his arrest – which happened a year later in February 2011 – suggests that Manmohan Singh’s failure to accord sanction gave the former communications minister more time to cover his tracks.

    The judgment also means that governments cannot use the CBI as an argument to delay sanctions. This is the reason the PM gave to deny Swamy his right to prosecute Raja.

    The Supreme Court order essentially says that the PM (or any government authority that has to accord sanction for enquiry or prosecution) has to give a decision within three months, with an additional month given in case it requires the opinion of the attorney general.

    Thus, four months is the maximum time a government will have to delay corruption cases brought up by the public.

    In fact, the verdict is not just a vindication for Swamy, but the entire citizenry, since it empowers anyone to chase the corrupt.

    The Supreme Court order sets aside an earlier verdict of the Delhi High Court which declined to direct the PM to take a decision on prosecuting Raja. In overturning the high court, the Supreme Court said that the right to complain against a public servant under the Prevention of Corruption Act is a right under the Constitution.

    However, to make the right a reality, Parliament will still have to legislate it: what happens if the government does not sanction a prosecution within four months?

    The logical answer is that a new law will have to make it explicit that on the lapse of four months, sanction will automatically be deemed to have been given.

    But this law will have to be drafted and passed, and till Parliament acts citizens will still have to move the courts for action in corruption cases.

    Perhaps, this is the right comeback situation for Team Anna.

    SC verdict on Swamy’s 2G plea is a slap on the wrists for PM | Firstpost
     
    maomao, parijataka and Daredevil like this.
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  3. Ray

    Ray The Chairman Defence Professionals Moderator

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    That's OK.

    But any news on Swamy's claim that Chidambaram is culpable as Raja?
     
  4. Vyom

    Vyom Seeker Elite Member

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    On 4th Feb.
     
  5. KS

    KS Bye bye DFI Veteran Member

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    Who cares ?

    This PM is as lameduck as lameduck can get.

    Rashid Alvi has already admitted that Rahul is the PM candidate for 2014. All that is left of this sardar is filling the interim quota.
     
  6. Ray

    Ray The Chairman Defence Professionals Moderator

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    Isn't that the date when the COAS' case will also be heard?

    Troubled times for the Govt.

    And they are also fending the Scientists' revolt!

    Who is advising the Govt wherein sinking it into controversies after controversies?

    Those three men in a tub? The so called lawyers in the Cabinet?

    http://www.mothergoose.com/Rhymes/favorites/rub_a_dub_dub.htm
     
  7. Ray

    Ray The Chairman Defence Professionals Moderator

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    Rashid Alvi is rather effeminate in his speech.

    Very odd chap to have as a spokesman!

    Great planning.

    Wreck up Sardarji's impeccable reputation and remove him and install a person who is clueless and his qualification being only that he is a dynastic chap!
     
    Last edited: Jan 31, 2012
  8. sob

    sob Moderator Moderator

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    Supreme Court verdict on corruption cases is big setback for govt

     
  9. Ray

    Ray The Chairman Defence Professionals Moderator

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    This Govt is quite disgusting.

    It has no head.

    It is a hydra headed monster with too many heads.

    and Manmohan is the fallguy for the crooks.

    These chaps have demeaned and destroyed the image of Sardars being the defenders of the Nation by manipulating this poor hapless chap!
     
    Last edited: Jan 31, 2012
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  10. sob

    sob Moderator Moderator

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    After 16 months from the date of Swamy's letter Govt. replied that they were studying the matter. This clearly shows that the there was something hanky panky was going on , because for most of the 16 month period A.Raja was in Jail being tried in court. Despite this the Govt. could not decide whether there was a case for sanction of the minister. Had it not been for the SC, they would have sat on the files till 2014.
     
  11. sob

    sob Moderator Moderator

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    from the above statement it is very clear that the Govt. has abdicated all the decision making role to the Judiciary. Then why the hell are they sitting on their bums. They should resign and immediately call for elections and seek a fresh mandate.
     
  12. Ray

    Ray The Chairman Defence Professionals Moderator

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    The issue should be resolved!
     
  13. sob

    sob Moderator Moderator

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    The spate of cases starting from CWG, 2G , Adarsh, ISRO/ DOB Of COAS, Lokpal show the ugly side of the UPA. It shows a party whic is very arrogant and is not ready to tolerate criticism. Had these issues been handled sensibly then they would not have exploded like fireworks.

    With every decision by the SC the moral authority of the PM and the Council of Ministers is being eroded.
     
  14. Ray

    Ray The Chairman Defence Professionals Moderator

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    I feel sorry for Manmohan.

    He is like a babe lost in the woods.

    His choice of advisers are horribly wrong.

    He must get rid of the lawyers in his Cabinet since they are like Pavolvian Conditioned Dogs and cannot think beyond the conditioned reflexes of a lawyer.

    In politics, one has to have a heart also and not cut and dried legalese to guide thoughts.

    Even on law aspect of various issues, these coots are advising incorrectly.

    But then maybe the game plan is to show him up for a chump so that he thankfully vacates the seat that he is warming in the interim for the Rightful dynastic owner of India (self assumed dynasty, that is!)
     
    Last edited: Feb 1, 2012
  15. Ray

    Ray The Chairman Defence Professionals Moderator

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    OK, Manu Singhvi, Natarajan, Tiwari and others of the Congress may disagree with me and insist that there is a rightful dynasty.

    So pathetic that the Congress is full of camp followers and no people of ambition to be No 1!
     
  16. Ray

    Ray The Chairman Defence Professionals Moderator

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    Here is some silver lining in the black cloud for Manmaohan.

     
  17. Vyom

    Vyom Seeker Elite Member

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    The decision now seems to be poised to come tomorrow itself.
     
  18. Ray

    Ray The Chairman Defence Professionals Moderator

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    Awaiting with bated breath.

    The same way as Chidambaram, but I am sure the IB would have told him by now via their various covert means of knowing what's up!
     
  19. Iamanidiot

    Iamanidiot Elite Member Elite Member

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    The judge simply reiterated established guidelines nothing new in what he said
     

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