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"...The fear is that Sonia Gandhi may now flee the country on health grounds! Dr Swamy has indeed done a National Service by letting the common man know what power he has! If the PM has any iota of self-respect left in him he should resign. Instead when we see his minsters calling a indictment a vindication, it only shows what respect do these people have for highest seat of judiciary!..." (COMMENT @ http://expressbuzz.com/)
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An ominous sign for government
--S Gurumurthy
http://expressbuzz.com/
ALSO READ:
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Sanction of PM to prosecute Ms. Sonia Gandhi u/s 19 PCAct 1988: request letters of Dr. Swamy dated June 20 and April 15, 2011
Public confidence at stake
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An ominous sign for government
S Gurumurthy
http://expressbuzz.com/
Here is a telling contrast in fighting corruption. The nation has seen in the last couple of years two distinct endeavours to fight corruption. One is the fight for a new anti-corruption law with the blessings of even the suspects. And the other is identifying the suspects and fighting them under existing laws. Anna Hazare and his team have launched an agitation for an anti-corruption law — the Lokpal Bill — without which, they told the nation, corruption could not be fought or contained. In their enterprise against corruption they first appealed to Sonia Gandhi for her support to fight corruption! And she also wrote to Anna offering her support! Subramanian Swamy, on the other hand, took the view that corruption could well be fought under the existing anti-corruption law provided the corrupt are targeted directly. First, he filed an application with the prime minister for prosecuting A Raja for his role in the 2G scam. Next he applied to the prime minister for sanction to prosecute Sonia Gandhi, whose support Anna had sought to stop corruption. Swamy, a seasoned politician and accomplished intellectual, knew that without the visible picture of the corrupt, corruption is a theoretical issue — a point which the apolitical Anna and team had missed.
How Subramanian Swamy has cornered the UPA finally is not a complex story. The 2G licence issue had all the trappings of an open air theatre scam from the day the licences were fraudulently issued, namely, on January 10, 2008. When the government was covering up the 2G issue, everyone was merely wondering how to fix the government. But Swamy acted. He filed an application on November 24, 2008, with Prime Minister Manmohan Singh for permission to prosecute A Raja who had issued the 2G licences. At that time Raja was a powerful minister in the ministry of UPA-I, being from the DMK that was dominant in the alliance. The anti-corruption law mandates that no court can look at a complaint against a public servant “except with the previous sanction” of the authority competent to remove the public servant from office. Since Raja was a minister, who could be removed by the PM, Swamy approached the PM for the sanction.
The likes of Sibals and Chidambarams were perhaps laughing at Swamy. But Swamy persisted. He kept on writing letters to the prime minister reminding him about his application. He ceaselessly kept talking about it in public and through the media. But the prime minister, as he is sworn to in most matters, kept silent. The silence of the PM had made the government and the ruling party happy. But Swamy moved the Delhi High Court for a direction to the PM to take a decision on his plea. The high court dismissed Swamy’s petition. The ruling government and party were in ecstasy. But, undeterred, Swamy moved the Supreme Court. The PM had written to Swamy on March 10, 2010, that Swamy’s plea for prosecuting Raja was premature as the CBI was investigating the matter — a response authored by amateur legalism. After having trivialised Swamy thus, on April 26, 2010, the PM told the media — which asked him whether Raja’s statement that he had the approval of the PM to do what he did — that Raja had consulted him before issuing the licences. That what the PM had accepted as consultation, Raja has asserted as permission.
Swamy also complained to the Supreme Court about the inordinate delay by the PM in deciding the matter. Meanwhile, the 2G issue had exploded on the face of the government with the report of the Comptroller and Auditor General (CAG) of India saying that the loss to the government was, on the lower side, some `69,000 crore and could be as high as `1,75,000 crore. The Supreme Court, seeing the government prevaricating at all levels, began monitoring the CBI investigation of the scam. The petition by Swamy too became part of the 2G scam litigation in the Supreme Court. The CBI did file charge-sheets in some cases of scam, including Raja as an accused in all except one. But Swamy’s plea to the PM to prosecute Raja and the PM’s inaction on it survived for consideration by the Supreme Court. The apex court did go deep into the matter, called for the records of the PMO and asked for an explanation from the PMO for the delay. By now, the ruling party and the government stopped laughing at Swamy. It became the turn of Swamy to laugh at them. It is the plea of Swamy to the PM to allow him to prosecute Raja which has been decided by the Supreme Court on January 31, 2012, in a landmark judgment.
First, the court has set aside the judgment of the Delhi High Court that had refused to direct the PM to decide on Swamy’s plea. Second, it has ruled that it is the constitutional right of a citizen to move to prosecute any public servant. Third, the authority to whom the application is made for permission to prosecute should take a decision within three months and if, within four months, no decision is taken, the permission shall be deemed to be granted. The import of the Supreme Court judgment is evident. The court has clearly indicted Prime Minister Manmohan Singh for delaying the decision on Swamy’s plea. It has also directed him to decide on Swamy’s plea in 90 days. The court has also said that Parliament should lay down the guidelines for 2G prosecution. Finally, the court has said that for ordering inquiries into corruption against any public servant, criminal courts do not need sanction.
It may appear at the first sight that the judgment is against Raja and the PM. But, in substance, it is just an ant-bite on Raja and an embarrassment for the PM. Raja, already charge-sheeted, is in jail. The PM will have no difficulty in allowing one more complaint — that of Swamy — against Raja. But the real danger lies in the other application by Swamy — for permission to prosecute Sonia Gandhi — which the PM has labelled as “premature” and ducked. Under the anti-corruption law, the PM can sack Sonia, the chairperson of National Advisory Council, even though he himself may be removed by her. Swamy can now ask the PM whether the complaint has matured. He can also move the criminal court for inquiry against Sonia Gandhi for which, the Supreme Court has ruled, no sanction is needed. Swamy’s statement that he “can bypass Vadra and go straight to Sonia” is ominous. The Congress cannot laugh at him now.
S Gurumurthy is a well-known commentator on political and economic issues.
E-mail: comment@gurumurthy.net
COMMENTS @
http://expressbuzz.com/
Two things emerge out very clearly in this sordid affair. first, be brave/bold/assertive in the cause one takes up to expose the corrupt and in this Subramanian Swamy stands above the rest in ceaselessly pursing it to expose them through the process of law. Secondly, it requires inner strength, vision of courage to reflect one's process of thinking to be righteous and expose the corrupt with clinical precision through brilliant analysis and in this S.Gurumurthy stands apart. Kudos to both of them. Let our Nation soon be freed from the clutches of these unworthy elements very soon. God given them both required strength and let them continue pursue their objective in exposing the corrupt. May their tribe increase .Narahsimmhun.
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As ever S Gurumuthy ji hits the bulls eye with precise information. Patriotic Indians are looking forward for the fireworks to be generated by Dr Subramanian Swamy.
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One Dozen Subramaniam Swamy & and an equal number of special courts may not be sufficient to track the double agent selling profitable Air traffic to private parties & killing AIR India, giving media business killing State owned BSNL AIR, TV, giving away the known oil fields to MNCs, the theft in coal & iron ores by transport mafias. Unless our constitutional authorities resolve banning individual expenditure in the election, filing sworn affidavit that one does not have illegal assets abroad, levy surcharge from non-voters, and establish apex judiciary to adjudicate complaints agaginst constitutional authorities in a fast track manner stashing will go on. India for SALE cannot be stopped. UPA draws Lakshman Rekha to EC & SC, calls CAG an accountant, shabbily handles General Age.None of these are accidental, it goes according to the master's plan. Shoud we allow us to be duped that price rise is because Aam Adhmi started eating more any more?
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Brilliant write up by Gurumurthy sir. Thanks for enlightening the issue very perciously.
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Kudos to Mr.Swamy for his persistent and diligent persuasion of a crime. Hope Mr.Swamy will be well supported by well meaning people like you who can stand by him and strengthen his hands to further nail the lies of all the Cong Party High Profile leaders. Wish Mr.Swamy all through success in this special endeavor on behalf of Indian Citizens.
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Simply Great, Gurumurthy JI. Thank God we have a columnist like SG who is fearless and does not think twice to call a spade a spade. God Bless
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Why have none in the media questioned the same judges for delaying reading out out their reserved Judgments within the same time frame they prescribe to others. I am referring to their "sitting" on the reserved judgement in PC case and the cancellation of 2G lRaja/PC Licences!. Why no stinging articles on the delay by the judges, are they not guilty of the same offense they accuse PM? Wasting valuable time and money and allowing accused to get away scot free because of their inability to come out fear syndrome (fear of the powerful satraps). Justice Ganguly is retiring tomorrow and he has wasted everyone's time and money by sitting on his reserved judgement. Are these Judges not accountable at all?
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Looking forward to Dr. Swamygoing for the jugular of the world's most corrupt aperson and the millstone around India's neck. We should soon be celebrating India's 2nd Independence day. Will TNIE atleast now sniff out the scam in Rafael deal an aircraft rejected by the Swiss who went for Swedish aircraft.. TNIE please stop acting as the unofficial spokesperson for Congress and Sonia.
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Unlike all the spin doctors of the visual and Print media here is the only voice that speaks truth. This shameless irresponsible shirking PM has been indicted which these spin doctors are trying to whitewash as if this shirker has been exonerated. A PM who cannot manage his small office is unfit to be even a municipal Chairman. This Useless People Alliance (UPA) must go
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Excellent analysis Sir. AS the saying in tamil goes - Man may kill a thing the same day, but the Almighty may delay but will deliver the right blow at the time verifies it self by this judgement! The fear is that Sonia Gandhi may now flee the country on health grounds! Dr Swamy hs indeed done a National Service by letting the common man know what power he has! If the PM has any iota of self-respect left in him he should resign. Instead when we see his minsters calling a indictment a vindication, it only shows what respect do these people have for highest seat of judiciary! May i request you to please write as to what the reasons are for Maran being given a right royal forgetfulness! Despite irrefutable prima facie evidence nothing is happening!
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(2G) 'Kindly spare me, please....' she seems to implore with her folded hands; 'Nothing doing...Be ready...you will be next....' he seems to say with a chuckle: Who are they? (Explore)
2G: After Chidambaram, Subramanian Swamy guns for Sonia
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