2G scam: Will Kanimozhi, others get bail?
Chidmabaram's role in 2G scam merits serious probe: Advani - The Hindu
BJP leader L.K. Advani being felicitated at a public meeting during his "Jan Chetna Yatra" in Raipur, Chhattisgarh on Saturday.
Senior BJP leader L.K. Advani on Sunday alleged elaborate attempts at a cover-up in 2G scam and demanded "serious investigation" to ascertain the role of the then Finance Minister P. Chidambaram in spectrum allocations.
Currently on a Jan Chetna Yatra against corruption, Mr. Advani also questioned Prime Minister Manmohan Singh's integrity and leadership alleging that his government had "no capacity left to respond to" multi-crore scams that took place "under his nose and, from all accounts in his knowledge".
His comments came in the wake of a Delhi court framing charges on Saturday against all the 17 accused in the 2G scam including former Telecom Minister A Raja, DMK MP Kanimozhi and corporate honchos.
"While the framing of charges of fraud against a former Minister, several officials, an MP and functionaries of companies that allegedly benefitted from the scam is welcome, I believe the probe has left some important facets out of its ambit," Mr. Advani said in a statement here.
"Despite elaborate attempts at a cover-up, the role of former Finance Minister and incumbent Home Minister, P. Chidambaram, clearly merits serious investigation," he said.
The BJP leader said what prompted the Finance Ministry to change its stated position on auctioning scarce spectrum "remains an abiding mystery."
"Why did Chidambaram concur with A Raja's decision to allot spectrum in 2008 at 2001 prices, days after giving an opinion to the contrary?," he asked.
"I demand that the Supreme Court-directed investigation into the 2G Spectrum scam must be extended to probing his role and that of officials of the Finance Ministry of the time," Mr. Advani said.
Accusing the UPA of failing to adopt a consistent policy on corruption, Mr. Advani said, "The Manmohan Singh regime has been so weakened by the succession of gigantic corruption scandals that it has no capacity left to respond to challenges."
"Just yesterday, the Delhi High Court has admitted the final charge sheet presented by the CBI against 17 persons in the massive 2G Spectrum scam. The prosecution has filed the charges under sections of the law that entail life imprisonment for the accused if they are found guilty of criminal conspiracy to loot the country's resources," he said.
"The Prime Minister prides himself on his personal integrity. However, the fact that the loot happened under his nose and, from all accounts with his knowledge, puts a serious question mark on his leadership," the BJP leader said.
"The suspicion that the money trail did not end with the charge-sheeted persons is growing stronger every day, especially after it was revealed through an RTI application that Pranab Mukherjee, senior-most member of the Cabinet had also opposed this transaction," he said.
Mr. Advani reiterated that his Yatra is for the restoration of a value system in governance "that we seem to be losing."
"The cancer of corruption is destroying the soul of our great civilisation," he said and pointed out that the siphoning off of public funds is at the root of runaway inflation.
Mr. Advani also said incredible amounts of black money have been taken out of our country and stashed away in Swiss banks and other tax havens abroad.
"I raised this issue way back in 2009 but the UPA regime has shown no interest in pursuing this criminal diversion of funds," he said.
2G scam: CBI's stance could give Kanimozhi a breather - Economic Times
The Central Bureau of Investigation (CBI) will continue to oppose the bail petitions of the 14 accused persons in the so-called 2G spectrum and licence allocation scam, an official in the agency told ET on condition of anonymity.But the intensity of its opposition would be less for those seeking bail under Section 437 of the penal code, which pertains to women and those seeking bail on medical grounds, the official said. This could boost the bail prospects of jailed DMK MP Kanimozhi, the daughter of former Tamil Nadu chief minister Karunanidhi. Reliance official Surender Pipara and film producer Karim Morani could also benefit since both are seeking bail on health grounds.
"In all the cases under Section 437, we will oppose bail but leave it to the courts to decide. In all other cases, we will continue to strongly oppose bail," the official quoted earlier said.
On Saturday, a special CBI court framed charges against all the accused, including former telecom minister A Raja, Kanimozhi and various corporate honchos, some of whom have been lodged in jail since February this year. The charges include criminal breach of trust, forgery, bribery and falsification of evidence.
While the framing of charges by the court does not amount to establishing guilt, it does indicate that the court has prima facie found some substance in the CBI chargesheet against the accused and there are grounds for a trial. It was expected that the court would frame charges against the accused persons given the high profile nature of the case which has often been described as India's biggest corruption scandal. The court has fixed November 11 as the date for commencement of trial.
The lawyers for the accused have said that the framing of charges has brightened the chances of securing bail, a sentiment echoed by law minister Salman Khurshid. With the exception of Raja, all accused persons have sought bail in various courts which has been denied on grounds that the accused per! sons - i nfluential members of society - could tamper with evidence or influence witnesses. The CBI has vehemently opposed bail to all the accused on the same grounds.
Legal experts, who had criticized this stance have, however, pointed out that individuals who were not arrested in the course of investigations should get bail as a matter of right.
The arrest of Kanimozhi and subsequent denial of bail has also considerably strained ties between the Congress and one of its key allies, DMK, which feels that the Centre could have done more to ensure the CBI did not oppose Kanimozhi's bail chances. On its part the government has always maintained that the CBI is an autonomous agency and the central government has no influence over it. The bail applications of Kanimozhi and some of the others would be heard on Monday in the CBI trial court.
Chidmabaram's role in 2G scam merits serious probe: Advani - The Hindu
BJP leader L.K. Advani being felicitated at a public meeting during his "Jan Chetna Yatra" in Raipur, Chhattisgarh on Saturday.
Senior BJP leader L.K. Advani on Sunday alleged elaborate attempts at a cover-up in 2G scam and demanded "serious investigation" to ascertain the role of the then Finance Minister P. Chidambaram in spectrum allocations.
Currently on a Jan Chetna Yatra against corruption, Mr. Advani also questioned Prime Minister Manmohan Singh's integrity and leadership alleging that his government had "no capacity left to respond to" multi-crore scams that took place "under his nose and, from all accounts in his knowledge".
His comments came in the wake of a Delhi court framing charges on Saturday against all the 17 accused in the 2G scam including former Telecom Minister A Raja, DMK MP Kanimozhi and corporate honchos.
"While the framing of charges of fraud against a former Minister, several officials, an MP and functionaries of companies that allegedly benefitted from the scam is welcome, I believe the probe has left some important facets out of its ambit," Mr. Advani said in a statement here.
"Despite elaborate attempts at a cover-up, the role of former Finance Minister and incumbent Home Minister, P. Chidambaram, clearly merits serious investigation," he said.
The BJP leader said what prompted the Finance Ministry to change its stated position on auctioning scarce spectrum "remains an abiding mystery."
"Why did Chidambaram concur with A Raja's decision to allot spectrum in 2008 at 2001 prices, days after giving an opinion to the contrary?," he asked.
"I demand that the Supreme Court-directed investigation into the 2G Spectrum scam must be extended to probing his role and that of officials of the Finance Ministry of the time," Mr. Advani said.
Accusing the UPA of failing to adopt a consistent policy on corruption, Mr. Advani said, "The Manmohan Singh regime has been so weakened by the succession of gigantic corruption scandals that it has no capacity left to respond to challenges."
"Just yesterday, the Delhi High Court has admitted the final charge sheet presented by the CBI against 17 persons in the massive 2G Spectrum scam. The prosecution has filed the charges under sections of the law that entail life imprisonment for the accused if they are found guilty of criminal conspiracy to loot the country's resources," he said.
"The Prime Minister prides himself on his personal integrity. However, the fact that the loot happened under his nose and, from all accounts with his knowledge, puts a serious question mark on his leadership," the BJP leader said.
"The suspicion that the money trail did not end with the charge-sheeted persons is growing stronger every day, especially after it was revealed through an RTI application that Pranab Mukherjee, senior-most member of the Cabinet had also opposed this transaction," he said.
Mr. Advani reiterated that his Yatra is for the restoration of a value system in governance "that we seem to be losing."
"The cancer of corruption is destroying the soul of our great civilisation," he said and pointed out that the siphoning off of public funds is at the root of runaway inflation.
Mr. Advani also said incredible amounts of black money have been taken out of our country and stashed away in Swiss banks and other tax havens abroad.
"I raised this issue way back in 2009 but the UPA regime has shown no interest in pursuing this criminal diversion of funds," he said.
But the intensity of its opposition would be less for those seeking bail under Section 437 of the penal code, which pertains to women and those seeking bail on medical grounds, the official said. This could boost the bail prospects of jailed DMK MP Kanimozhi, the daughter of former Tamil Nadu chief minister Karunanidhi. Reliance official Surender Pipara and film producer Karim Morani could also benefit since both are seeking bail on health grounds.
"In all the cases under Section 437, we will oppose bail but leave it to the courts to decide. In all other cases, we will continue to strongly oppose bail," the official quoted earlier said.
On Saturday, a special CBI court framed charges against all the accused, including former telecom minister A Raja, Kanimozhi and various corporate honchos, some of whom have been lodged in jail since February this year. The charges include criminal breach of trust, forgery, bribery and falsification of evidence.
While the framing of charges by the court does not amount to establishing guilt, it does indicate that the court has prima facie found some substance in the CBI chargesheet against the accused and there are grounds for a trial. It was expected that the court would frame charges against the accused persons given the high profile nature of the case which has often been described as India's biggest corruption scandal. The court has fixed November 11 as the date for commencement of trial.
The lawyers for the accused have said that the framing of charges has brightened the chances of securing bail, a sentiment echoed by law minister Salman Khurshid. With the exception of Raja, all accused persons have sought bail in various courts which has been denied on grounds that the accused per! sons - i nfluential members of society - could tamper with evidence or influence witnesses. The CBI has vehemently opposed bail to all the accused on the same grounds.
Legal experts, who had criticized this stance have, however, pointed out that individuals who were not arrested in the course of investigations should get bail as a matter of right.
The arrest of Kanimozhi and subsequent denial of bail has also considerably strained ties between the Congress and one of its key allies, DMK, which feels that the Centre could have done more to ensure the CBI did not oppose Kanimozhi's bail chances. On its part the government has always maintained that the CBI is an autonomous agency and the central government has no influence over it. The bail applications of Kanimozhi and some of the others would be heard on Monday in the CBI trial court.
New Delhi: Two days after a special CBI court framed charges against all 14 accused, hearing on their bail applications resume on Monday. DMK MP Kanimozhi, who has been behind bars since May 2011 has applied for bail on the grounds of being a woman.
Charged for accepting bribes, criminal conspiracy to cheat the exchequer and criminal breach of trust, Kanimozhi is also likely to argue that since charges have been framed she be granted bail as per the Supreme Court order.
Sources said that the CBI is unlikely to oppose Kanimozhi's bail, but for others, it remains to be seen if bail is granted by Special CBI judge OP Saini.
Co-accused and Kalaignar TV MD Sharat Kumar, Shahid Balwa's brother Asif Balwa, Cineyug's Karim Morani and Kusegaon realty's Rajeev Agarwal's bail pleas are among those that will be heard on Monday.
"Kanimozhi and other accused - my clients Asif Balwa, Rajiv agarwal, Chandolia, Shahid Balwa - for everyone, chances of getting bail has improved. Because there is sub-section 6 of Section 437, which says that if after the framing of the charges, within 60 days of the dates fixed for taking evidence if the trial is not concluded then the person should get mandatory bail and it is irrespective of the sections involved," said lawyer Vijay Aggarwal.
All the accused have pleaded not guilty. Sources say all of them will appeal against the charges in the High Court.
The 2G special court is likely to hear petitioner and Janata Party President Subramanian Swamy's argument on why P Chidambaram should be named as co-accused in the scam.
The Janata Party President has accused Chidambaram of masterminding the 2G spectrum allocation as the then finance minister in UPA 1, when the 2G spectrum allocation took place.
Meanwhile, Kanimozhi's father and DMK chief M Karunanidhi is said to be desperate to bail her out before Diwali. He even reached out to UPA Chairperson Sonia Gandhi and the Prime Minister on Saturday, but the DMK played down the visit.
It was the first time Karunanidhi met Sonia Gandhi after Kanimozhhi's arrest and his wife and Kanimozhi's mother Rajathiammal was present along with him at the meeting. Later on Saturday evening, Karunanidhi also paid a visit to the Prime Minister. The timing of the meetings has led to speculation that the DMK chief is desperately trying to get the Congress' help in fighting the 2G case.
It's getting bail for Kanimozhi that is the key focus of the DMK. That was Karunanidhi's biggest worry as he went to meet his daughter in Tihar jail after the court order allowing charges of criminal breach of trust to be filed against all the accused.
Court has allowed the CBI to file a fresh plea to invoke charge of criminal breach of trust against Raja and two other public servants in the case.
Special CBI Judge O P Saini, after hearing day-to-day arguments on behalf of accused and the CBI for nearly two months found prima facie evidence against all 17 accused, including former Telecom Minister A Raja, in 2G case. All 17 accused, including DMK MP Kanimozhi, has sought time to peruse the court order before framing of charges.
The trial of the accused would begin after the court pronounces its order on framing of charges in the case.
They have been charged for various offences of the IPC dealing with criminal conspiracy, forgery and cheating. Besides these, Raja and other public servants have been charged with misuse of official position punishable under the Prevention of Corruption Act.
The court would also decide as to whether the additional charges of criminal breach of trust, invoked by CBI during the arguments on charges, would be slapped the accused. The new charge entails a sentence of life term on conviction.
Besides Raja and Kanimozhi, other accused in the case include the minister's former Private Secretary R K Chandolia, former Telecom Secretary Siddhartha Behura, DMK-run Kalaignar TV's MD Sharad Kumar, Bollywood filmmaker Karim Morani and Reliance Anil Dhirubhai Ambani group's executives Gautam Doshi, Hari Nair and Surendra Pipara.
Besides telecom firms Reliance Telecom Ltd, Swan Telecom and Unitech (Tamil Nadu) Wireless Ltd, the other accused in the case include Swan T! elecom p romoter Shahid Usman Balwa, Asif Balwa and Rajeev Agarwal, Unitech Ltd's MD Sanjay Chandra and DB Realty MD Vinod Goenka.
The CBI, in its first charge sheet filed on April 2, had accused Raja and others of causing a huge loss of Rs 30,984 crore to the exchequer by allocating spectrum to ineligible operators as per a criminal conspiracy among themselves.
On the other hand, all the accused including Raja had vehemently opposed the framing of charges and the plea of CBI that they caused a loss to the state in the grant of spectrum licenses.
Raja, during the arguments, sought to drag names of the Prime Minister and then Finance Minister P Chidambaram in the case saying they were kept apprised about the developments in the 2G sepctrum allocation.
2G scam: Court likely to take up Kanimozhi, seven others' bail pleas on Monday
The framing of charges in the 2G scam heralds the beginning of a trial, but the accused see it as an opportunity to press for bail.
From Monday onwards, the trial court is likely to take up bail pleas of DMK MP Kanimozhi and seven other accused who have already moved the court for the same.
The bail pleas by five corporate honchos, including three Reliance ADAG executives, are pending before the Supreme Court. The main accused A. Raja is, however, yet to file any application for the same.
Though the framing of charges has cleared the decks for the hearing of bail pleas, any decision before Diwali can be ruled out for most of them.
The pleas before the Supreme Court will be taken up after the Diwali vacation on October 31.
For the accused who had been denied bail earlier, the framing of charges comes as a change in circumstance to enable them to seek bail afresh.
Besides, the Supreme Court, while refusing bail to Kanimozhi and Kalaignar TV MD Sharad Kumar, had stated they could move for bail afresh after charges were framed.
In a rare order, the apex court had not only dismissed the appeals by Kanimozhi and Kumar, but had also set a time- frame for them to make another attempt.
Generally, any change in circumstance gives the accused an opportunity to file a fresh application for bail.
The apex court's order dismissing Kanimozhi and Kumar's pleas had dashed the hopes of the other accused as well.
Some had even withdrawn their bail pleas pending before the high court at the time.
The case of Kanimozhi can be different as she had invoked Section 437 of the Code of Criminal Procedure, which allows special treatment to women, sick or infirm while considering bail. If the CBI does not oppose it, she can be home for Diwali.
The CBI had earlier stated before the apex court that media reports on it having decided not to oppose Kanimozhi's bail were not true.
However, even if the bail comes - for Kanimozhi or for those who were sick - it will not come without a tough fight.
What will stand against them is the fact that the charges include an offence that attracts life imprisonment, and that the probe into some aspects of the spectrum scam is still on.
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