Any self respecting SG would have done the same

Solicitor General of India Gopal Subramanyam. Photo courtesy: NDTV

The resignation by Solicitor General of India Gopal Subramaniam has created quite a stir in both the government and the judiciary. The Solicitor General who is second to the Attorney General of India had resigned to his post after the Union Government decided to field senior advocate Rohington Nariman instead of him in the Supreme Court during the 2G case hearing on Monday.

Sources close to Subramaniam say that he was upset that another counsel was brought into argue the matters pertaining to the 2G scam. They also say that he was upset about certain remarks made against him after arguments in the cases pertaining to black money.

Senior advocates and former judges of the Supreme Court say that when the judiciary becomes extremely assertive as it has been in the past one year, it becomes very difficult for advocates to present their case unless there is a proper resolve. A Solicitor General is a very senior counsel of the Government and like any other lawyer he too cannot exceed his brief. If the Judiciary is being assertive and comes down heavily on these advocates then only the government can be blamed since he is always acting on the instructions of the government.

Justice Santhosh Hegde, former judge of the Supreme Court who has also been a solicitor general says that there are bound to be pressures. Ultimately the SG is acting as per the brief of the government and there are times when these advocates suggest things which the government may not like which leads them to lose favour.

Solicitor Generals work under extreme pressure. There is immense pressure from the government and most of the time from the bureaucrats.

In the instant case I am however inclined to think that the SG was right in principal. The government is sure at liberty to appoint a counsel of its choice. This is the 2G scam we are talking about the government cannot afford to go wrong since it could earn the wrath of the Supreme Court which could turn into an embarrassment for them. However courtesey demands that the either the Attorney General of India or the Solicitor General is consulted before any such appointment is made. These are top law officers and they hold a position of importance. Hence the government should have consulted them before any new appointment is made.

This has happened many times in the past too where the AG or the SG have not been consulted. However what is important is that people with self respect will not remain in office if they are by passed on these issues.

These appointments to such posts have always been a problem. Such appointments need to be made on merit. However in most cases such appointments are made mostly on political considerations.

Such things only make the case of the government weak and such risks ought not to be taken when matters of such importance is being argued before the Supreme Court. There are so many competent lawyers in the bar and yet the government looks for political considerations when they make such appointments. The government must remember that it is the biggest litigant before any court and hence it needs to have a very strong legal team.

Coming back to the instant case, the government felt that Subramaniam may not be able to put up a strong case before the court. The government also points out that Rohington has been in the panel since 2009 and hence there was no issue with appointing him. However sources close to Subramaniam say whatever the case may be, either the AG or the SG ought to have been consulted before such an appointment was made.

Kanimozhi- the road ahead

For the Central Bureau of Investigation, the first hurdle has been crossed today in the Kanimozhi case. With the Special CBI court rejecting her bail plea, the interrogation of Kanimozhi will now commence in full swing and the CBI will be inching towards a closure of the chargesheet.

A CBI source said that they are aware that she will explore all other legal options, but the CBI is prepared with a strong case on hand. She has been named as a co-conspirator in the 2G scam case and after the rejection of her bail plea, she has been taken into custody by the CBI.

For the CBI it will now have certain key facts to establish through her interrogation. The bribe of Rs 200 crore, her association with Raja in this case and also the death of Sadiq Batcha in connection with this case. The CBI has not given out any specific time they would need to interrogate her. Taking into consideration the gravity and the magnitude of the case, it is important that there are at least 20 to 25 sittings. More importantly considering the profile of these accused persons, it is important that such people stay behind bars. Their reach is far and could tamper with evidence or even scare the witnesses which could prove fatal to the case.

The road ahead for Kanimozhi is not going to be easy. She has two sets of appeals in her kitty and it is up to her legal team to explore these options. First and foremost she could move the High Court and seek bail. However in the case of such high profile accused, they normally go up to the Supreme Court of India directly, another option which is available after the High Court option is exhausted. However in all likelihood, she may approach the High Court since she would not want to exhaust a legal option without even exploring it.

The judgments in such cases is also something that will not go in her favour. Since the foundation of this case lies on the Prevention of Corruption Act, it is highly unlikely that any of the courts would not go along with the order of the Special CBI court. The accused will apart from seeking bail will also seek a stay on the proceedings against her. However there are judgments which clearly state that no interference shall be there on part of the judicial system when a matter is under investigation. Take a look at Section 19(3) of the prevention of corruption act which has been upheld by the Supreme Court of India. It makes it clear that there shall be no stay on proceedings during investigation unless there are extraneous circumstances. Bail could be a possibility if she is able to prove that she is being wrongly harassed. Even if bail would be granted it would be based on heavy conditions such as not tampering with witnesses and also not to leave the jurisdictional police station limits.

However the argument that will be advanced by the CBI is that they have not acted in haste and with no case. There was ample time given before the arrest was carried out. The case has been built up step by step and only once they were sure did they reveal the name of the accused or even connect her with the case. In addition to this, the CBI will also argue that it is very important that she remains in custody since they would need her for interrogation. In addition to this, there is a chance of her absconding/tampering with evidence or even destroying it if she is let out on bail considering that she is a high profile accused in the case.

Hawala, D and 2G

The death of Sadiq Batcha appears to be getting murkier as the second round of investigations into the 2G scam was all set to focus on the D link and the hawala transactions.

The CBI coupled with its own evidence and inputs from the intelligence bureau had managed to link some of the transactions to hawala operators who were part of the D gang which is headquartered in Pakistan.

The CBI’s investigation shows that Batcha who hails originally from Perambalur which is also Raja’s home town had floated a company in Singapore in the year. This company which came into existence in the year 2007 was an arm of the Green House company. It is said that this arm was set up at a paltry Rs 3 lakh and in the next two to three years it grew into a Rs 600 crore company.

The investigators suspect that this company was just a front to channelize the money made out of the 2G spectrum scam through hawala networks. The CBI had managed to establish all the money that came to Raja as part of the 2G scam was channelized into the Singapore based company through a well laid out hawala network. It was further established that Batcha who himself was well versed with the hawala network due to past experience had played the lead role in channelizing the money.

However the more important thing is that every hawala network in the country is controlled by the D gang and the CBI was trying to find as to what extent this horrific gang had played a part in channelizing money which emerged out of the 2G scam.

Sources say that the next round of interrogation in connection with this scam was to largely revolve around the money trail. The CBI wanted the names of four very crucial persons who helped Batcha channelize the money between India and Singapore. These men are alleged to be operative of the D gang and this was something that even Batcha wanted to avoid coming out in the open. Sources say that they wanted to grill Batcha further on this and he was to be interrogated today regarding the same link. Apart from this the investigators also suspected that the close circle of Raja and other top political leaders were aware of the manner in which the funds were being channelized. It would have been a major embrassment for all those involved in this to have their names associated with members of the D gang and hence the panic button was pressed, sources also say.

The hawala angle to the 2G scam has been doing the rounds for quite some time now. The interrogation of Paramesh Kumar, Raja nephew it was found that there were large money transfers through export orders. Further investigators were also looking at the manner in which the money could have been transferred through hawala operators. The last round of investigations looked into the possibility of money being transferred through vegitable vendors and textile exporters.

The intelligence bureau points out that vegitable vendors, exporters, courier services and other such small time unassuming businesses are usually set up to transfer money through hawala transactions. The IB also points out that the D Gang specializes on this front and the three major businesses after a drop in arms smuggling for this gang is drugs, hawala and fake currency. All these markets have been set up in India which acts as a major centre, the IB pointed out.

Did Batcha have too much on him?

Sadiq Batcha. Photo courtesy: Samay Live

A key aide of former telecom minister, Sadiq Batcha is said to have committed suicide at his residence in Chennai on Wednesday. Currently the police are seeing this as a case of suicide, but do not rule out foul play either.

Ever since the arrest of A Raja, there was immense pressure on Batcha who according to the Central Bureau of Investigation was the key man of the former minister.he

promoter of a company by the name Greenhouse. The investigation by the CBI points to the fact that Greenhouse was the front company belonging to Raja and all the money earned through the 2G spectrum scam was parked in various places through this company. The investigations have also shown that Batcha handled all the money which came into Raja’s hand. It was also found that he had invested this money in a lot of real estate projects in Tamil Nadu.

Today there is no reason for the police to believe that it could have been a case of murder as well. He had on him too much information and he was the man who would have given the CBI the exact route of the 2G money trail.

Sources say that even if it was a case of suicide it could have been due to immense pressure since the CBI was also looking into the underworld and the hawala link to the money trail made out of the multi crore 2G scam. It is said that Batcha was the link between the 2G money and also the underworld and the hawala operators.

The CBI which has raided Batcha’s house on two ocassions was all set to question him in connection with the money trail. Moreover the CBI had also decided to arrest Bathca and question him under their custody.

This was something that none of those involved in the money trail could have afforded since it would have blown the lid of many persons remotely connected with the scam. Sources say that at any cost the persons involved wanted any questioning of Batcha and could have stepped up the pressure on him. The police would verify his call records to see if there were any death threas which ultimately led up to the suicide of Batcha.

The CBI during its probe had found that Raja had many fronts through which 2G money was parked. However all aspects of the probe showd that it was the firm managed by Batcha which had played the most crucial role. Sources say that Batcha was just a front man and did not take any decision on his own. He was brought into the picture due to his contacts that he had built up when he was a realtor. He is alleged to have contacts with hawala operators and also the underworld through which he had managed to park funds in various places. The CBI questioning of Batcha would have led them to the route of the money trail. In addition to this they were also trying to find out if Batcha had parked any money for party that Raja was part of.

Investigators say that this is a big blow to the investigation since it was extremely important that this man was questioned since he knew the exact details regarding the money trail as he had played a huge part in it

‘I found lapses in 2G Spectrum sale’

Justice Shivraj Patil. Photo courtesy: NDTV

Justice Shivraj Patil, former Judge of the Supreme Court who was appointed to probe the lapses in the sale of 2G spectrum submitted his report to the government a while ago. The one man committee headed by Justice Patil was appointed by the government of India to probe the lapses and also give suggestions to streamline the policy regarding the sale of spectrum in future.

Justice Patil in his report has named officials who are guilty in the telecom department. In this interview with rediff.com, he says that he hopes the mess will be cleared up and also adds that he is hopeful that his recommendations will be considered by the Government in quick time.

Has it been a tough couple of months with this new role that you had been asked to take up?

Yes it has been pretty tough. The job was a tedious one and I have worked hard to study the matter and hand out a report.

Are you satisfied with the manner in which the report has shaped up?

Yes I am. I have completed the work that has been assigned to me. Now it is up to the government to study it and also act upon it.

Does your report deal with names of guilty persons only?

Not exactly. It does name a couple of persons in the telecom department who are guilty and who have flouted norms. Apart from this I have also made a lot of suggestions which if implemented will ensure that a better system is in place.

What is the loss that you have estimated in your report which has been incurred as a result of this scam?

You should understand that I did not have to get into this aspect. The terms and references of this commission were clear that I did not needs to get into that aspect at all. I had to adjudicate the appropriateness of the current norms and also the policy issues and procedures that had been adopted to allocate airwaves to telecom operators since the year 2001.

Have you found there to be lapses in the allocation process since 2001?

Yes I have found some lapses and all that forms part of my report.

Would you like to tell us about the lapses?

It will not be right on my part to reveal that at the moment. I was asked specifically to probe these lapses and submit a report to the government and I have done that in the time given to me. It is now up to the government to study that report and act upon it.

What about the big players such as Raja and the rest? Does your report name all of them?

Once again it is not appropriate to make any comments on that. However the larger issues of this scam were not before me since it did not form part of the terms and references. There are other committees and agencies probing that. I have just stuck to my job and have not deviated from it. The main point of my terms and references involved the lapses which occurred within the department and the other issues were not before me.

Was there any kind of pressure on you?

Not all all. I was allowed to work with independence and there was no sort of pressure on me.

Have you found any major telecom company of NRI players guilty in your probe?

It will not be right for me to comment on that. I have found some persons guilty and I have already said that. But the larger picture will be out in a couple of days and it is better for us to expect the government itself to come out with all those aspects.

Is this commission just a eye wash since the larger issues appear to be more important and your report deals only with the small players?

No how can you say that. Each aspect in this case is important and my part of the inquiry does have bearing. The government was very serious about what it needed when it appointed me to do this job. It is not just an eye wash.

Was four weeks enough to complete the probe?

Yes it was enough. I was not expected to call for records and ob-jections and hence the process was not lengthy. There are issues already before the CAG, the Public Accounts Committee and also the Supreme Court of India. Each one is doing its job or performing its role. Hence mine was a limited brief and so I feel that four weeks was a good enough period. My job was restricted to find out whether the procedures have been followed or not. Moreover it was always my endevour to complete the job early since it is a very important matter.

Normally reports by commissions are never taken seriously by the governments and we have seen that in the past as well. What would you do if your report too meets with the same fate?

There is nothing I can do about it. However I have reasonable expectation that the government will act upon the report for sure. As I said earlier the government set up this commission with a lot of seriousness and expectations and hence I have no reason to believe that they will not act upon it.

Rajeev Chandrashekhar chat on 2G

Rajeev Chandrashekhar. Photo courtesy: http://www.rajeev.in/

Member of Parliament, Rajeev Chandrashekhar interacted with the readers of rediff.com today on the 2G scam. Here is the transcript:

IndianBrat asked, What is your opinion in bringing out the Radia Tapes in Public domain. Let people decide what happens behind the curtains & decide who is guilty?

Rajeev Chandrasekhar answers, ive already commented on ths in public. i believe that the Radia tapes are not about privacy at all. they are evidence of the rot and corruption in politics, policy capture and regulatory capture that is prevailing in Delhi.. these tapes must start a debate on how we can create a new form of GOvernment by ushering in Governance reforms ..based on principles of transparency and accountability ..and not on lobbying and shadowy deal making!

Rattantata asked, Rajiv, I think that there is no scam. If Govt would have charged, the amount 1,76,000 Cr to Telecom Cos, they would have squeezed the money from telecom consumers. Moreover, that amount would have been wasted by Ministers, Bureocrats & local politicians. I think first time in India, the consumer is benefitted by Govt policy. What is your opinion?

Rajeev Chandrasekhar answers, this is a good question..and is used always to make an argument against bidding! but the answer is simple.. Look at the real examples..Vodafone spent $10 billion to buy Telecom company in India and their tariffs are the same.. The best way to ensure low prices is to ensure competition.! look at the 3G licenses – they were auctioned and they cost a large amout.. but the service is still at 66ps/minute.. I agree that there is a larger question that the money in the Government is not spent wisely.. for eg in recent meeting with Finance Minister I asked him how come the deficit is still at 5.5% even after he received 1,00,000 Crores from the 3g/BWA auctions… but the fact is that when a nation gives its assets (spectrum, mines, land) to private interests, it must do so only when it realizes the maximum benefit for government and people they serve.

mmm asked, hi rajeev…. dont u feel scared of ratan tata

Rajeev Chandrasekhar answers, no I am not ! as long as you have truth on your side, no one needs to be afraid.! i am not even intimidated by the mudslinging and personal slander that comes my way when i do this.!

raj123 asked, Today someone has said that the seat in the Rajya Sabha goes to the highest bidder… Your take on this, Sir…

Rajeev Chandrasekhar answers, its often the case..unfortunately..! therefore i agree that we must rexamine the role and need of the Rajya sabha completey

mahendra asked, r u trying 2 be julian(wikilinks) of india?

Rajeev Chandrasekhar answers, i hope i dont go to jail like him …just for spotlighting the truth 🙂

jainjain asked, Why not every one talk about scams during BJP? the president of national party have been caught on tv taking bride. why BJP dont do enquiry on that?

Rajeev Chandrasekhar answers, well..i hv spoken up about scams regardless of which government.. thats the advantage of being an independent MP. i take my independent MP status quite seriously ! i have spoken out against land scams in Karnataka as well scams in Spectrum.. Corruption isnt about politics..its about good governance and the relation between citizens and Governments.

shekharonline1 asked, whats ur say on Wikileaks?

Rajeev Chandrasekhar answers, i think wikileaks and other whistleblowers do play an important role.. of revealing to the people details about government activities… for example in india we have RTI that has put a lot of pressure on government to become more transparent. in 2001 when we fought the government in courts, whenever we sought documents, government could refuse citing privilege and official secrets act.. The RTI has changed that.. similarly wikileaks has changed government conduct permanently i think!

shekharonline1 asked, whats ur say on Wikileaks?

Rajeev Chandrasekhar answers, i think wikileaks and other whistleblowers do play an important role.. of revealing to the people details about government activities… for example in india we have RTI that has put a lot of pressure on government to become more transparent. in 2001 when we fought the government in courts, whenever we sought documents, government could refuse citing privilege and official secrets act.. The RTI has changed that.. similarly wikileaks has changed government conduct permanently i think!

anandmajethia asked, What would happen if the licenses are cancelled? Would it be a loss for the one who purchased from non-eligible companies? or would it be ultimate loss for non-eligible company as govt. can seal their bank accounts and confiscate assets ?

Rajeev Chandrasekhar answers, cancellation of licenses would lead to the spectrum being returned to govt and reauctioned ..! but the govt must cancel only based on law and following due process.. it must not become another occassion for someone to threaten cancelation and then take money not to cancel it! etc.

sachin asked, I think P.M. is main in any big decision how they say i dont know ? This is high command order to P.M. take money is it right?

Rajeev Chandrasekhar answers, one of the most mystifying things in this whole embarassing scam has been the role of the Prime Minister. I believe as do most of the country that Dr SIngh is a man of impeccable honesty.. so why did he not talk to Raja and prevent him from doing this? its a question that needs answering..

ramkie asked, ITS VERY UNFORTUNATE THAT MY QUESTION HAS BEEN TAKEN OUT OF THIS CONVERSATION, Respected Mr. Chandrasekhar, what is your take on the deal between the DOT on VSN with TATA and you find any glitches in that deal, and on the deal amount what tata got back and what was the value, why it was undervalued to help TATAs,

Rajeev Chandrasekhar answers, ramkie – this doesnt really relate to the 2G scam.. and i dont know if it was undervalued or the deal done to help ..except to say Baijal was the disinvestment secretary at that time as well.!

Ceeteeyes asked, Your open letter to Tata has brought some truth about 2G spectrum into the open. But why both of you were silent all these days? What is the whole truth behind this episode?

Rajeev Chandrasekhar answers, i hv not been silent at all.. as a matter of fact i have been pointing out to the PM (thru letters) and the political class (in Parliament) repeatedly since 2007… but its only recently that the scam has broken and grabbed the imagination of the media and public because the CAG report has proved what I hv been saying for the last 3 years..!

sundeep asked, SunielKumar this is for you…..Tatas have done a lot for this country ….more than u and this hypocrate Rajeev chandrashekar. I have seen how Tata contributed its profit to charity without publicity…..But we are indians we ditch the person who helps us and support this politicians and Rajeev. No matter what is the outcome but my salute will be for Tatas—Jai jamshedji Tata

Rajeev Chandrasekhar answers, i agree that the Tata group has done tremendous service for our country and have always been a beacon of hope and inspiration to all of us. I have said so in my open letter and have always considered JRD a hero. I will ignore your allegation about me.but regardless of the Tatas background, the questions that I have raised relate to their recent actions of some of their companies and are no way reflective of the group. Maybe these are limited to these Telecom companies alone !!

craja asked, Dear Rajeev, What do you say about the suspected role of Mr Mahajan as a telecom minister, and favoring a special company, did that also needs to be inspected under JPC?

Rajeev Chandrasekhar answers, why not? if all such policy hijacking is investigated, its good for the sector and maybe prevent scams in the future.

sknaa asked, Tata says even there was lot of flip-flops during NDA regime.Did Pramod Mahjan and Arun Shorie broke the rule book??WAS Tata a beneficiary then?? what is so great about Sonia claim they have taken action against corrupt.Just by asking Ashok Chavan and Kalmadi to step down doesn’t mean anything.What happened to Qotrochi??he was allowed to go scott free,is this action against corruption.

Rajeev Chandrasekhar answers, there was clearly a very bad policy in 2001..the infamous WLL policy! i have spoken out against that then and now. this was a blatantly discriminatory policy and was designed to allow some companies to backdoor enter Cellular without tender and at advantageous terms..! As the Financial express of today says, Tatas and other companies did benefit from ths.

rohit asked, Mr Chandrasekhar – What’s your opinion on the hoarding of spectrum by few operators in prominent circles like Mumbai & Delhi. As a MP what do you plan to do?

Rajeev Chandrasekhar answers, hoarding of spectrum is a consequence of a very poor policy of alloting spectrum on a subscriber linked criteria.! this encourages operators to fudge their subscriber numbers.. I have said the only solution to all the problems and scams in telecom is to simply always auction spectrum

tasir asked, TATA: You parked yourself at the Taj Mahal Hotel Delhi, for several months since 2002 which was the centre of operations for you to prevent entry of VVLL Limited Mobility and CDMA as well as to interact with the polity and bureaucracy and with other operators to forge telecom policy of your choice. You did this in your own capacity as also as President of COAI. You also constantly solicited support of CII. Please respond to the allegations of TATA

Rajeev Chandrasekhar answers, what i did then was as president of coai was to fight for our rights – against a GOvernment WLL policy that was discriminatory…! how did we fight it? we fought by going to court .. TDSAT and supreme court.! Going to court and seeking a protection of rights is a fundamental right of every citizen. As a matter of fact, its the correct way to fight the government – instead of using shady lobbyists and cutting shady deals in delhi. I am personally proud of what we did then ..which is bravely fight the government with legal means.!

manoj_dawra asked, Hello Chandrashekar ji Congratulations on taking on some big fellows.do you think that this whole issue of corruption is just being used as a smoke screen by the govt to pass some major deals with major powers

Rajeev Chandrasekhar answers, thanks.. but it needs for all of you to also speak out against corruption ..whoever is responsible.. there cannot be holy cows or double standards or hypocrisy!

Gopinath asked, Dear Mr.Rajeev, So do you belive only one person Raja is accountable for scam? If not then whom all should we punish?

Rajeev Chandrasekhar answers, no i dont believe that Raja is only accoutable. Raja couldnt do this without the collaboration of two types of people – first the corporates that benefitted and second the bureaucrats and regulators who helped the minister do this

Adi asked, Do you think JVC can do anything better than the current investigations that are going on?We have lost some 146 Crore due to hung parliament so it seems opposition is not concerned about the financial losses.Not allowing the parliament to run is a corruption in itself

Rajeev Chandrasekhar answers, u mean a JPC… i believe that a JPC is the best and quickest way to get to the bottom of this crime.! in any event if the most of the opposition want it , it would seem like its the best thing for the government to do. Since its the govt thats going to be under investigation!

shekharonline asked, whats a next option from a voter’s point of view… ? how the civilians should see this ( & latar ) forget this? whats ur say on the “chalta hain” attitude?

Rajeev Chandrasekhar answers, the chalta hain attitude is what is encouraging this to continue ..and it seems that we have scams everywhere. we must understand that the reason we dont have suffiient hospitals, schools and even today almost 500 million indians live in abject poverty is not because we are a poor country..its because so much of the government money and resources get either looted or frittered away wastefully…

manoj asked, Hi, Have your company BPL mobile was rejected spectrum allocation during this 2G Fiasco?

Rajeev Chandrasekhar answers, i have no financial interest in Telecom at all.. I left telecom in 2005 ..and currently am a MP who understands this sector better than most and wants to clean it up and prevent scams in the future..

akp asked, doesnt raja helped in bringing down the rates to 1 paisa. otherwise your bpl was selling it Rs 16 a min

Rajeev Chandrasekhar answers, ive publicly acknoledged this before.. one of the consequences of Rajas policy actions was that he broke the cartel that was operating between the four GSM operators by introducing competition..!

venuvenkat asked, Hi Rajeev, Is there a way to get license from Government of India without going thru lobbyist? Even if there is bidding, I’m sure there would be leaks on the bis of competitors if you manage to bribe the minister or babus. How did you get license when yo used to run BPL Telecom?

Rajeev Chandrasekhar answers, all cellular licenses until 2001 were only possible through tenders. its for the first time in 2003 that these licenses were started to be given away without tenders.. pls read the front page article in Financial express of this morning to understand when and who caused this change..

SelvaSK asked, Dear Mr. Rajeev, first off I am proud of you as a Bangalorean who has taken a great step towards a corrupt free India. Kudos to you! We youngsters are always ready to support you for all your battles against corruption. My question for you is: Should we all form a party-less union all over India, under your leadership and fight the elections against both BJP and Congress. We should concentrate all city centers where educated people will understand our stand and vote for our union. Please become our leader and help us take India forward.

Rajeev Chandrasekhar answers, i know a lot of people are fed up with our current political options..! but i believe that instead of forming new parties, it may be better and more practical to push the existing parties to reform and do better and be more responsive to people and think of politics as public service rather than exploitation and ‘RULING’

hari asked, I want to ask a common sense question…The structure of TATA is different from any other company. Their profit directly goes to People of India and the WORLD. Why should they will do scams. Even if they do scams, the profit goes to People.

Rajeev Chandrasekhar answers, tatas are like any other company.. they are also driven by profits and growth! but it was my view that they had a different value system from other corporates!

Ceeteeyes asked, Reports say corporates are nervous after Radia Tapes. PM also by way of assurance to them has called the Cabinet Secretary to submit a report on Phone tapping. Why should the corporates be nervous if they are honest?

Rajeev Chandrasekhar answers, i agree.. there is no need to be nervous if you are clean and your conscience is clear. unfortunately just like any other field, corporate sector also also its rotten apples..and some hide behind hypocrisy and sound bites. But remember also there are many good companies and entepreneurs..

reyaz asked, Dear Sir, First of all A lots of thanks for your public support. Kindly let me know why dont you ask for cancellation of all the liscence issued and take a fresh auction for the same?

Rajeev Chandrasekhar answers, reyaz.. one of my first statements when the CAG report came out ..was the need for the government to act decisively.. to identify both the corporate beneficiaries and the political and bureacratic enablers.. and secondly to recover the money lost – by cancelling and reauctioning the spectrum if necessary!

sunielkumar asked, Sir, I must congratulate you for your open letter to ROTTEN TATA. Our govt is changing the nation to a Banana Republic. Their slogan is “BY THE PEOPLE FOR THE CORPORATE”. its unfortunate that corporates are influencing the govt policies. This incident has helped people understand better that “All media is mostly paid media” hence most are not telecasting RAADIA coverage. They want ads sponsered by them but they don’t care when they write about govts/MPs/MLAs. So what kind of checks and balences are required in the system to make media houses behave responsibly?

Rajeev Chandrasekhar answers, i agree that the media has not been as alert to this critical issues of corportate crime… its only with the recent coming together of the CWG, Adarsh, Spectrum and karnataka land scams that media really has got into this..

Rajesh asked, why do we show incompetency in dealing with corruption, is this what we have to live with? I commend you in writing to Mr. Tata, but whatever the reputation of the TATAs, it has been sullied in the 2G scam, not sure if they have been dirty in other deals too? But for the tapes, things would not have come to light, a common citizen does not have a voice

Rajeev Chandrasekhar answers, i agree with u ..that normal citizens dont seem to be playing a large enough role in this issue of corporate crime and nexus with politicians.. one of the most important facts that we shd realize that all crimes have victims..and in crimes like this the victims are the people and taxpayers.. these are NOT victimless crimes..corruption has people as its victims

Sri asked, Hi sri thanks for fighting aginst corruption for justice. y cnt u fight same against congress and sonia gandhi . http://janataparty.org/sonia.html so when r u writing a letter to sonia gandhi or PM on above link??

Rajeev Chandrasekhar answers, i am focussed on raising issues of corruption both in the state and the center.. i have done so thru both parliamentary interventions and also outside by articles and speeches … pls read the recent article in the hindustan times called the part of the sums.. its about government corruption

sundar asked, what is the actual meening of 2g spectrum

Rajeev Chandrasekhar answers, 2G spectrum is another way of referring to the radio waves that are used by cellular companies to deliver its service

‘Pressure for me is from my conscience’

 

Justice Shivraj Patil. Photo courtsey: karnatakajudiciary.kar.nic.in

Justice Shivraj Patil, former judge of the Supreme Court of India who was also the Chairperson of the National Human Rights Commission has been appointed to head the commission which will look into the spectrum policies since 2001 in connection with the much spoken about 2G scam. According to Telecom Minister, Kapil Sibal, the one man commission headed by Justice Patil is expected to complete the probe in four weeks and submit a report to the government in which he will need to give his findings on the appropriateness of the procedures adopted by the DoT while issuing licences and allocation of spectrum between 2001 and 09.

Justice Patil who will leave for New Delhi from Bangalore on Sunday is expected to commence work in the next couple of weeks. In this interview with rediff.com, Justice Patil says that he is glad that he has been handed this responsibility, but also goes on to add that during the course of duty if anyone tries pressurizing him or influencing, they will face the consequences.

Justice Patil, how do you feel about the new job on hand?

I am happy that I have been asked to head this commission. It is an important issue and I will work to the best of my ability to do my job.

A scam of such a magnitude and the time given to complete it is just four weeks. Is that sufficient in your view?

I am leaving for New Delhi on Sunday and after that I will go through the terms of reference for the commission. I will also need to see the volume of work that is before me once I reach New Delhi. Yes, I get to hear that it is four weeks and I will need to submit my report in that much time. The issue is an important one and the government needs this report to come out in quick time. I do not mind working overtime to finish it in the time allotted to me. However I must assure that at no point of time, will quality of work suffer.

Commissions in India have this history of dragging on and on and in the bargain the time stipulated for a commission is invariably increased. Will that be the same in this case too?

I will do my best to ensure that it is completed in four weeks time. I will need to examine the volume of work before me. However if I am unable to complete it in the time given to me, I may seek an extension, but be assured that it wont be too long.

The other question is about the seriousness of a commission. More often it has been a joke where a commission gives its report and the Parliament or Assemblies sit over it and never act upon it.

Well this sure has been the trend in many cases. Several commissions have been constituted in the past and the reports have never been tabled in either Parliament or the Assemblies. I however feel differently towards this commission. I have reasons to think that the government is serious about this commission. They wanted a one man commission to head it and also want the report in four weeks time. I am sure that the government is serious about this one. Moreover this is an important issue and the interest of the country is involved in this and hence I feel that the government is serious about this commission.

You say that four weeks is good enough. Once again I would like to ask how do you propose completing it in four weeks time?

This commission that has been set up does not fall under the purview of a commission of inquiry. I am not expected to call for records and objections. These procedures are usually time consuming. The issues pertaining to this scam are already before the CAG, the PAC and the Supreme Court of India. My job is restricted to find out whether procedures have been followed or not and also to see if there have been any lapses. I am not expected to record evidence, but am supposed to assess it. In such an event, I would think that four weeks are enough. The period that I am supposed to examine is between the years 2001 and 2009 and my endure would be ensure that the whole process is completed early.

Looking at the magnitude of the scam, there is bound to be pressure. How will you cope with it?

Pressures do not mean anything to me. I have been a Supreme Court judge and have handled many pressure packed cases in the past. Pressures come to those on whom pressure can be brought upon. I have had no such instance in the past. So these pressures do not matter to me. I will do what is before me and I have always believed that the only one who can put pressure on me is my conscience.

Hypothetically what would you do if any of the big players in the scam bring about pressure on you sir?

If anyone foolishly tries to bring pressure on me then they will face the music. I am sure that no one will try bringing pressure on me.

Lastly Justice Patil, what is your view on the scams that are breaking out everyday and in particular the 2G scam?

I am afraid I will not be able to comment on that now. Today I am not just a citizen to make a comment. I head a commission which has to look into this issue and it would be unfair for me to pass a comment. It would cause a prejudice if I happen to pass a comment. Let me inquire into the matter and give my findings.

Adolf Hitler on the Radia tapes

An open letter to Ratan Tata

Open Letter to Mr. Ratan N. Tata, Chairman, Tata Sons Ltd.
Dear Mr. Tata,
It is with considerable concern and some confusion that I have watched your recent Television Interviews and press statements following the 2G scam and the exposure of the infamous Nira Radia Tapes.
I, as countless other Indians, have held the house of Tatas in great esteem and respect – have seen them as being different from so many other Indian corporates that play by a different set of rules and values. I, along with many Indians, consider JRD Tata as one of the true builders of modern India.

Ratan Tata

So, it is with considerable sadness and dismay that I am constrained to write this open letter to you. I trust you will not consider this as personal, since my letter has to do with issues of principle and conduct that are disturbing.
In your recent press interactions, you have made the point that the 2G scam needs to be investigated and have made several sub-points, including:
1. Out-of-turn allocation of spectrum;
2. Hoarding of spectrum by incumbent operators; and
3. Flip-flop of Policy
Let me wholeheartedly agree with you. Many in media and public life including me, have been saying this for several years now, so your belated realization of these critical issues is very welcome.
I sympathize with your concern about public-policy making in our country sometimes resembling that of a Banana Republic. But the forces behind this are helped considerably by the fact that people with power and influence remain silent and passive spectators to this. So many including I would have welcomed your intervention much earlier, as in the case of the alleged bribing offer 15 years ago, of Rs 15 Crores that you referred to only recently. You will agree that speaking out against corruption is most effective when it is happening and not decades or years later. Because then it becomes an intellectual post mortem, and not active resistance.

Rajeev Chandrashekhar

Since I was previously a telecom entrepreneur, there will be a temptation for those that advise you, to attribute agenda and motivations to this letter of mine. But I assure you that there is none. I write because I believe that there is a need to join you in this debate and necessarily bring to your attention the contradictions between your stand and the position of the Tata Telecom companies, that you may be unaware of, given your senior position in your organization.
1. Out-of-Turn Allocation of Spectrum
According to the CAG Report, the potential loss to the Exchequer on account of dual technology licenses at 3G rates is Rs. 37,154 crores. By virtue of dual technology – according to the CAG – your company has caused a loss to the Exchequer to the tune of approx. Rs. 19074.8 crores.
But it is not just this. It is a fact that the Tata Group is a beneficiary of out-of-turn spectrum. In fact, one of the biggest of them all.
It is a fact admitted by the Government on affidavit that 575 applications were received for 2G spectrum by 01 October, 2007. Using an illegal and arbitrary cutoff date, Mr. Raja processed only 122 applications received till 25 September, 2007. 110 were rejected and 343 applications were put in abeyance. Given the fact that there is no 2G spectrum available, these applications received till 01 October, 2007 (within the date represented by the Government) have now been put in the dustbin. In fact, the TRAI had already recommended on 11 May 2010 that no more UASL license with bundled spectrum can be given. This means that these 343 applications will never be processed and will never see spectrum.
In the meantime, 19 days after these 575 applications were received, the dual technology policy was announced through a press release by Mr. Raja. The Tatas put in their dual technology applications around 22 October. So, in effect, their application went in three weeks after the 575 2G applications were received.
Today, Tatas already have GSM spectrum allocated and GSM service launched in most of the circles – But the 343 applications submitted three weeks before the Tata Group have neither been processed nor have any chance of ever being processed – so much for First Come, First Serve.
You will accept that this seems to be a case of arriving late, forming a new queue, jumping the priority and accusing others of getting priority on spectrum allocation and meets your point of out-of-turn allocation of spectrum. I am sure the 373 applicants who were rejected for no fault of theirs, will agree – while the Tata Group has sold its equity for billions of dollars to NTT Docomo based on its out-of-turn GSM allocation on dual technology policy.
In my humble opinion, evidence suggests that the Tatas have benefited from out-of-turn spectrum allocation. The dispute between Tatas and Reliance Comm inter se on the allocation sequence cannot dilute the primary fact of bypassing other early applicants to this spectrum.

 

2. Hoarding of spectrum by incumbent operators
This is an important point you have raised. I concur with you that there is a need for Telcos, old or new, to pay market rates for spectrum. I also completely agree that the subscriber linked criteria allocation of spectrum is flawed and is encouraging fudging and false subscriber numbers. But I bring to your attention, that this is existing Government policy – flawed or unfortunate as it may be, and the only solution to this is to replace this with a new policy.
If by hoarding, you mean having more spectrum than number of subscribers that can be serviced – then please note that Tata holds spectrum both for GSM and CDMA. Based on the spectrum that Tata has, its average efficiency is perhaps the lowest amongst the large operators. Equally, that the CDMA spectrum that Tata holds is 3-4 times more efficient than the GSM operators – by its own admission, which I recall during the WLL scam. Moreover, Tata has received CDMA and GSM spectrum at 2001 rates. So even if the hoarding charge was to apply, it would also apply to the Tatas for having maximum cumulative efficiency (CDMA and GSM) to serve the least number of subscribers amongst the incumbents.
Again, I fully support the need to price spectrum beyond 6.2 MHz with incumbent operators at market rates. But the charge of hoarding that you make applies equally to Tata Tele – whether it is total spectrum held, or subscribers served based on that spectrum, or price paid to acquire such spectrum, vis-à-vis the cumulative efficiency of CDMA and GSM.

3. Flip-flop of Policy
In your interview, you have pointed out that a lot of the current dysfunctionality in Telecom has arisen from Policy changes and flip-flops. You would recall that one of the most horrific distortions of Policy was the infamous WLL scam in 2001– where Telecom companies with Fixed service licenses managed to muscle their way into cellular with active support of Policy makers of that time – and not to forget that it was all done in the name of benefit to the common man! You will further recall that in 2003, a convenient set of recommendations by the TRAI and Government allowed this illegality to be regularized through the UASL policy, opening the gates to unprecedented and unique (and unheard of) First Come, First Served form of licensing – bypassing tenders (a form of auction) that were the norm for obtaining cellular licenses till then.
Your company was the beneficiary of this ‘policy flip-flop’ and you chose to accept the benefits of this flip-flop at that time – despite this blatant violation and distortion. I am personally aware because I led the fight against it and remember being immensely disappointed at the Tata Group’s remarkably self-serving position. Further, in one of the most mysterious and indefensible acts, Tata Group took on board as a consultant, the very individual, who as the Chairman of TRAI was the architect of this UASL and other shames.
So in summary and respectfully, your positions in the recent interviews seem to be in stark contrast with the actual conduct, performance and position of Tatas’ Telecom companies in each of the three points you have raised.
There are several other questions that deserve answers, including why a group like Tata with its sterling character and reputation requires outside lobbyists to lobby on their behalf! That, in itself, is enough to shatter one’s confidence!
I reiterate that this letter is not meant to tarnish or disrespect or distract from the many achievements of the Tata Group including the acquisition of International Brands like Land Rover, Jaguar and its increasingly global footprint. But I believe, on behalf of many erstwhile supporters of the Tata group, that it is my duty to seek and spotlight the truth. The Tata Group has a responsibility, and indeed, owes it to its many admirers in India to actually live up to its image of ethical conduct, otherwise your statements and actions will seem to be hypocrisy – something that’s already available in plenty in our public and corporate life.

Respectfully,
RAJEEV CHANDRASEKHAR
Member of Parliament
New Delhi
06 December, 2010