Sunday, February 5, 2012

That's all, Your honour! : Jan 29 - Feb 4

This week is truly a "That's all, your honour" week, given that we will talk only about multiple Supreme Court Judgments! 

1. In a landmark historic decision, the Supreme Court cancelled all 122 licenses granted by the UPA government (some say, granted by A. Raja but there is no difference in my view) in 2008. The court has said that this sale was "illegal" and was a very good example of arbitrary use of power. Despite such severe stricutres, the pompous Kapil Sibal again decided to brazen it out. He falsely informs the countrymen that the UPA government just followed the NDA policy of First Come, First Serve (FCFS). The journalist who single handedly pursued the 2G scam since beginning, J. GopiKrishnan of the Daily Pioneer lists out the entire timeline here - it is amply clear that no FCFS was followed by UPA. Kapil Sibal then goes on to demand that the BJP apologise to the nation for such a flawed policy! If there was any proof left of the vaccum in UPA's line of thinking, then this was it! Read the full judgement here - if this is not a severe indictment of the functioning of government, then what else is, your honour? 

2. The second case in the court that we will discuss now is the army chief age row. An earlier blog gives the background here. This week, the matter came up for hearing in the Supreme Court. Guess what - SC again raps the government! It has become a daily occurence now! Infact in this case the SC said that the "government decision-making process went against the principles of natural justice and the Constitution". Again this is also not a serious thing for the government! The Supreme Court gave the government two options - either they withdraw their order or the court will quash it! Yet, the government thinks there is no setback. The court will again meet next week to continue further hearings on this matter. Thankfully, Kapil Sibal has not spoken on this topic yet. 

3. The third case is related to Dr. Subramaniam Swamy asking the court permission to prosecute the Home Minister, P. Chidambaram in the 2G scam case. Dr. Swamy's argument is that as the then Finance Minister, P. Chidambaram was involved in the pricing of the spectrum and also in the decision to allow some companies to dilute their shares. Dr. Swamy therefore wanted the court to direct the CBI to probe PC too. The trial court dismissed his petition this week. Quite curiously, the court agreed with Dr. Swamy (because ofcourse he produced proof) that PC was indeed part of the decisions but there is no proof of malafide intention on PC's part, and therefore he need not be probed. Dr. Swamy is contesting this decision in the higher court. There are some inherent contradictions in various verdicts. SC says that the pricing is arbitrary but another court thinks that those who arrived at that arbitrary pricing are not guilty! Surely, the legal battle has not yet ended - this is just the beginning :) 

4. And finally, the Supreme Court has set a time limit for governments to sanction prosecution withing 3 months. This judgment was arrived because Dr. Swamy filed a case asking the court to set-up a time frame because the PM took 16 months to reply to his petition asking for permission to prosecute A. Raja! The judgment severly criticised the PMO for misleading the PM. The PM was very happy that though his office was indicted, he has been vindicated! Whatay leadership, your honour!


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