Political Diary

New Delhi, 26 December 2017

2G Spectrum Scam

NOBODY TOOK THE LOOT?

By Poonam I Kaushish

A mind-boggling scam of Rs 1.76 lakh crores was unraveled in 2010, yet seven years down the line nobody is any wiser where the money went. All 17 accused including former Telecom Minister A Raja, DMK Chief Karunanidhi’s daughter and MP Kanimozhi have been acquitted by the CBI court. Succinctly, Rs 200 crores changed hands but no crime was committed as no offense was perpetrated so how could money be laundered or looted? QED.

Puzzled? Doesn’t make sense? It’s not meant to. As special judge OP Saini in his 1,552 page order held: “The CBI has been unable to prove any charge against any of the accused, made in its well-choreographed charge sheet in the 2G spectrum case.” More, the prosecution “miserably” failed to bring legally admissible oral or documentary evidence indicating any criminality, fixation of cut-off date, manipulation of first-come first-served policy or linking transfer of Rs 200 crores from Swan telecom which got a licence to Kalaignar and other charges.

Worse, Saini averred, “some people created a scam by artfully arranging a few selected facts and exaggerated things… everybody was going by public perception created by rumour, gossip and speculation. “The charge sheet...is based mainly on misreading, selective reading, non-reading and out of context reading of the official record,” he added.

Further, while upholding Raja’s contention that he followed established policy and procedure while allocating 2G licences in 2008, it castigated telecom officials for irresponsibility and unprofessionalism led by a bumbling secretary. Also, he lambasted two top PMO officials for giving “an incomplete view to then Prime Minister Manmohan Singh. Thereby, creating a big hole in the political narrative.

Raising several questions: With the judgment vindicating the UPA’s stand, does the BJP have any concrete proof against Raja and co-accused to prove the judge’s had erred? Was it Modi’s 2014 election “jumla”to paint the UPA as the fountain head of corruption?

Can and how will the Congress and Manmohan Singh regain lost ground? Will admission of error or miscalculation erase the years of living under a heap of vicious accusations? Who will answer that the scam triggered a ‘policy paralysis’, crippled the UPA and let to a slow down of the economy?

Moreover, the Supreme Court cancelled 122 telecom licences and spectrum allocated to eight companies holding the allocation process was flawed and directed the Government to assign national resources through auction, questionably, was cancellation of licences wrong? Will the Supreme Court now review its judgment if the affected parties file a petition before it in the light of trial court's verdict?

Importantly, what happens now to 122 cancelled 2G spectrum licences? Can the licencees get them back?  Or seek compensation for loss of reputation and money/ Who will quantify this? Should the Apex Court jump feet first in a case where the lower courts are investigating if a scam had taken place or not? Where did Rs 200 crores disappear? This is akin to Jessica’s murder but nobody killed her! Sic.

It is no secret that the telecom policy for 2G was tweaked for a favoured few and a “first come, first served" basis adopted for license allocations and selling the spectrum at 2001 price. Also, licences were allocated to applicants who had suppressed facts about themselves, disclosed incomplete information and submitted fake documents in order to get access to the spectrum on sale. Enabled by people in power abusing their official position and taking bribes.

Additionally, the Supreme Court which heard the matter in 2012 was convinced of

criminal misconduct and taking bribes by public servants under various sections of the IPC and the Prevention of Corruption Act. Hence, Raja, Kanimozhi and other co-accused were jailed. Simultaneously, the CBI Court’s ruling does not mean the Apex Court’s reasoning or logic was flawed as it can rule on anything, be it Government policies.

In the 2G case, the Court contended that there was sufficient proof to show there were irregularities in the issue of licences and spectrum which led to an auctioning regime for spectrum. Plainly, there was a lot of ad-hocism about this. This was underscored by the CAG which estimated a Rs 1.76 crores loss due to "irregularities" in spectrum allocations.

Not a few assert the special court was ruling on three cases: If Raja and others were guilty of criminal conspiracy. Two, whether Loop Telecom was Essar Group’s front put up to circumvent laws. Three, did Raja and others launder Rs 200 crores?

Predictably, a jubilant Congress has demanded an apology from the BJP and wants the Prime Minister to make a statement. Besides, the judgment has come as a shot in the arm post the Gujarat verdict whereby not only would it help the Party overcome the corruption taint, regain its credibility quotient  but also take on its bête noire with renewed vigour in the next round of Assembly polls next year. 

Undeniably, for the BJP the verdict couldn’t have come at a worse time exposing its soft under belly even as it paints a brave face for its ‘downsizing’ in the recent Gujarat polls. Questionably, with the CBI directly under the Prime Minister’s Office and the ED answerable to the Finance Ministry were the agencies twiddling their thumbs for the last three-and-a-half years? Leaving one with a lurking suspicion, that when it comes to sleaze friends and foes watch out for each others backs.  

Indeed, not only has its Congress corruption bogey been punctured but it serves as a wake-up call to the Modi-Shah combine to reinvent the Party, fine tune Government policies and rein in the beginning of public disenchantment. Matters could get tricky if it does not perform well in Rajasthan, Madhya Pradesh, Chhattisgarh and fails to wrest Karnataka from the Congress. Already, it has lost the local elections in Rajasthan recently.

Post Gujarat, Rahul has won admiration across the political spectrum. He can now take the moral high ground as he tries to woo smaller Parties and knit another anti-Modi alliance for the 2019 Lok Sabha elections.

For Karunanidhi’s DMK the huge legal and moral victory will change its political dynamics. The verdict alongwith its arch rival AIADMK being in shambles has boosted its morale. It can now go for a hard bargain with other Parties, including the Congress. Modi’s recent visit to the ailing DMK patriarch has led to speculations over the possibility of a re-alliance with the BJP for the 2019 polls.

All eyes are now on the CBI and the ED whether they go in for an appeal. To keep its credibility in tact it needs to do so. But this is a catch 22 because if the Supreme Court has monitored the probe, the CBI and ED must have put their best foot forward. It cannot afford a setback. One section of the BJP wants to follow Narasimha Rao’s adage, law will take its own course. 

Clearly, the judgment is a verdict is a reality check for the BJP as it no longer is perceived as the swachtha ka kamal. A What’s App doing the rounds in social media encapsulates it brusquely: No one killed Jessica, Sunana Pushkar, Arushi Talwar or Black Bucks. Only we idiots are guilty of wasting our time in discussing these scams!!!! Incredible India for sure!!!---- INFA

(Copyright, India News and Feature Alliance)