Two-G (2G) Spectrum Scam Tapes and follow-up

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby jagga » 17 Aug 2011 22:05

Black money: UPA government loves tax evaders
However, consider the following facts:

The United Nations Convention against Corruption was adopted by the UN General Assembly in October 2003 and came into force in December 2005 after ratification by the requisite number of States. Notably, India was not one of them;
The Government of India ratified the Convention under duress in May 2011. It had become difficult for it to explain its refusal to do so while the Supreme Court was seized of a PIL against its failure to ferret out trillions of dollars in black money stashed away in foreign tax havens;
Significantly, before ratifying the Convention, the Indian government took ample care to sign the Avoidance of Double Taxation Treaty with the Swiss government which essentially is meant to benefit legitimate income of licit businesses in either country;
Most importantly, the above Treaty specifically bars the Indian government to seek any information of financial transactions in the Swiss banks prior to April 1, 2011;
The government, while ratifying the UN Convention against Corruption, specifically said that it would seek legal assistance not under the above Convention, but under bilateral agreements (such as the one it bilaterally signed with the Swiss)
.

Put simply, the Government of India signed the Convention against Corruption under intense public and judicial pressure more than five years after it had become operative.

And while so doing, it omitted the most meaty part which would have enabled it to seek information from governments in tax havens about Indians keeping black money accounts in those countries.

Most sinister was the fact that while signing the Double Taxation avoidance protocol with the Swiss authorities it pointedly, and voluntarily, surrendered the right to seek information about black money accounts opened and maintained before April 1, 2011.

In other words, the government has provided a blanket security net to all those Indians who had stashed away hordes of black money in Swiss secret accounts before the coming into force of the Double Taxation Treaty.

Considering that there was an estimated Rs 10 lakh crore (Rs 10 trillion) of Indian money stolen and kept in foreign tax havens, the United Progressive Alliance government with one stroke of its tainted pen has granted immunity to tax-evaders who had stashed the loot in tax havens.

Also, generators and keepers of black money were not only duly alerted by the public outcry against monies stashed away in foreign tax havens.

The Government of India most gratuitously moved the extra mile to protect their interests by enshrining in the agreement with the Swiss that it would have no right to ask any questions about secret accounts opened prior to April 1, 2011.

With such a black money-friendly agreement with the Swiss, can any moneybag have any reason to complain against 'honest' Prime Minister Manmohan Singh's government?

However, the way the Germans have pursued the tax evaders, and made the Swiss pay the requisite amount of tax on money kept by their citizens in Swiss banks is a sterling example for any government keen to unearth black money of its citizens lying in foreign tax havens.

The Germans threatened to have Switzerland blacklisted by the Organisation for Economic Cooperation and Development.

The Swiss banks, incidentally, would deduct the entire amount of tax paid by them to the German government from the illicit accounts held in their banks by German citizens.

Meanwhile, the UPA government still refuses to disclose the names of Indians holding illegal accounts in the Liechtenstein bank which were furnished by the German government more than three years ago.

As they say, where there is a will, there is a way. Well, the Congress-led government, clearly, lacked the will to go after those who had been stashing away billions stolen from Indian taxpayers and keeping them in foreign tax havens.

But, nonetheless we must doff our non-existent hat to Prime Minister Manmohan Singh. For, he is honest.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby ramana » 17 Aug 2011 22:12

In 2004, on a visit to HYD, an ex-BRF member told me that UAP alliance after the elections was loot and stay group. Its sole purpose was to be in power to loot. Very perceptive for they had not yet shown their rapacity.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby ramana » 17 Aug 2011 22:21

Great Bong's parody of the 2Gs and their entourage:

The boy Prince holdeth the great sword

The language is Middle English and the allusions are to King Arthur and Excalibur. The style is medieval English narrative.

BTW an abridged version was in TOI on Aug 14th right before the Anna Hazare arrest descion.

So chill.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby SwamyG » 17 Aug 2011 23:50

Sonia Gandhi's Illness and the Limits of Political Privacy Jyoti Thottam providing a spin and batting for SG.


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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Gus » 24 Aug 2011 19:48

kazhagam...upping the ante. this tamasha is too much. How many lawmakers are under investigation or in jail..must be a record.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Philip » 25 Aug 2011 17:52

Time for Man MUbarak Singh to book his cell too.In fact,with so many skeletons falling out of his cupboard and the number of aspirants seeking state accomodation in Hotel Tihar, he can seek anticipatory bail and hold cabinet meetings in Tihar!

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby sum » 25 Aug 2011 21:20

At least one more good side effect of the 2G and AH saga:
DMK unfurls tricolour for the first time !

Going against its long-standing practice of not acknowledging Independence Day, the DMK, whose ideological foundation was firmed up on an anti-Congress plank, joined in the celebrations along with millions across the country. For the first time in the history of its 62 years of existence, the party unfurled the national tricolour on Independence Day at Anna Arivalayam, the party’s headquarters in Chennai. DMK organising secretary and MP TKS Elangovan hoisted the national flag and hundreds of DMK cadres participated in the function. The celebration came as a surprise to many DMK seniors. But the move could well be a shrewd strategy to flaunt nationalism at a time when the Anna Hazare movement is catching up and the mood of the nation appears to be against corruption, feel a section within the party. Others say it could be a gesture to project itself on the national forum, weakened as it is after its defeat in the state elections.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Muppalla » 25 Aug 2011 21:48

sum wrote:At least one more good side effect of the 2G and AH saga:
DMK unfurls tricolour for the first time !

Going against its long-standing practice of not acknowledging Independence Day, the DMK, whose ideological foundation was firmed up on an anti-Congress plank, joined in the celebrations along with millions across the country. For the first time in the history of its 62 years of existence, the party unfurled the national tricolour on Independence Day at Anna Arivalayam, the party’s headquarters in Chennai. DMK organising secretary and MP TKS Elangovan hoisted the national flag and hundreds of DMK cadres participated in the function. The celebration came as a surprise to many DMK seniors. But the move could well be a shrewd strategy to flaunt nationalism at a time when the Anna Hazare movement is catching up and the mood of the nation appears to be against corruption, feel a section within the party. Others say it could be a gesture to project itself on the national forum, weakened as it is after its defeat in the state elections.


Because Vaiko has taken their role. He says TN will secede from India of Rajiv killers are hanged. Some of them are even giving dates of TN last day as part of India. :)

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Aditya_V » 30 Aug 2011 11:26

2G scam: No funds trail to link Unitech with Raja, says CBI

The time has come to sift facts and evidence from rhetoric in the 2G case, as the special CBI court will do on September 15.

A couple of things, though, are clear. One, the CBI has not been able to establish a money trail between Unitech Wireless and jailed ex-telecom minister A Raja to establish a quid pro quo. Two, it hasn't established a quid pro quo against Reliance Telecom either, nor has its chargesheet alleged any benefit to it. The CBI concluded its arguments on Monday before special CBI judge OP Saini, saying there was sufficient "prima facie" evidence against the 17 accused to prosecute them under various provisions of the IPC and Prevention of Corruption Act.



Funny, why should there be a money trail only to A Raja? What about other Politicos and benamis? What if Politicos themselves own some of these companies and Licences were sold at bargain basement prices as part of thier cut?

Looks like 2G will go the bofors way. Nobody is going to be prosecuted and CBI will work towards diluting evidence.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby ramana » 31 Aug 2011 00:11

Gus wrote:kazhagam...upping the ante. this tamasha is too much. How many lawmakers are under investigation or in jail..must be a record.



DMK would be looking of right time to withdraw support to UPA after having lost the TN elections, and the 2g scam indictments.

If they pull on this issue they might consolidate their chauvinistic base. So expect DMK outof the UPA.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby vijayk » 31 Aug 2011 00:23

^^ Looks like CON UPA reached out to a judge in Chennai High court to avoid confrontation with DMK at a time their stock and Gandh DIE-nasty stock is all time low.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby R_Kumar » 08 Sep 2011 21:48

http://dailypioneer.com/home/online-channel/todays-top-story/4741-2g-sc-asks-swamy-to-place-documents-on-plea-to-probe-pc.html
2G: SC asks Swamy to place documents on plea to probe PC .

Thursday, 08 September 2011 19:20 New Delhi | PTI ..

The Supreme Court today sought from Janata Party Chief Subramanium Swamy all his correspondence with CBI in connection with his plea to investigate P Chidambaram for his alleged role in the 2G Spectrum allocation scam.
......

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Airavat » 21 Sep 2011 11:57

No evidence against Shourie, says CBI:

Arun Shourie, who was telecom minister from January 2003 to May 2004. “We have questioned several person during our probe, including former telecom secretaries, and examined the files obtained from DoT. We have not found anything against Shourie so far,” said top sources.

Shourie, who was called for questioning at the CBI headquarters on February 25 this year, had alleged that his successor Dayanidhi Maran had tweaked the TRAI guidelines in 2005 to benefit some operators. Maran was also accused by former Aircel chief C Sivasankaran of delaying the grant of telecom licences to Aircel when he owned it.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby chaanakya » 21 Sep 2011 21:07

Pranab note casts shadow on Chidambaram

Looks like Chidambaram would become co-acused in 2G scam. CBI, under control of MHA, is opposing fresh investigation.How long would it take for MMS to get involved in this?

Click here for full text of the note

A Finance Ministry document, released throught RTI has cast doubts over the role of Home Minister P Chidambaram in 2G spectrum scam.
The 14-page note, prepared by a senior bureaucrat in the finance ministry and sanctioned by finance minister Pranab Mukherjee, suggests that home minister Chidambaram did not do enough check the scam. The note says Chidambaram could have "stuck to the stand" of an auction of the spectrum.

Finance Minister Pranab Mukherjee approved the note after personally inspecting the 11-page document, The Finance Ministry note sent in March 2011, has been accessed by RTI activist Vivek Garg.

The note categorically states that the Department of Telecom (DoT) would have been forced to cancel the 2G licences doled out by Raja, had the finance Ministry stuck to auctioning the initial 'start-up spectrum' of 4.4 megahertz each allotted to the 2008 licensees.

The note alos suggests that the finance ministry under Chidambaram "implicitly agreed to imposition of same entry fee as that prevailing in 2001 for licences allotted upto December 31, 2008."

This despite a November 22, 2007 note by then finance secretary and present RBI Governor D Subbarao, that the 2001 mobile licence entry fee of Rs 1600 crore had been applied and not the market price at that time.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby gakakkad » 21 Sep 2011 21:27

SUBU SWAMY single handedly demolished the CON-grass party...

I proclaim him (as if I am anybody :rotfl: ) FATHER OF MODERN INDIA.....

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby ramana » 22 Sep 2011 02:21

Soon they will have cabinet meeting in Tihar at this rate.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby RamaY » 22 Sep 2011 06:51

^ they can make Hafzal Guru's dream come true... :mrgreen:

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Pratyush » 22 Sep 2011 07:53

chaanakya wrote:Pranab note casts shadow on Chidambaram

Looks like Chidambaram would become co-acused in 2G scam. CBI, under control of MHA, is opposing fresh investigation.How long would it take for MMS to get involved in this?

Click here for full text of the note

SNIP....


TOI's take on the same issue.

Finmin under Chidambaram could've stopped Raja, says a note to PMO 'seen by' Pranab

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Pratyush » 22 Sep 2011 09:51

In Pranab vs Chidu duel, it’s time to pull out the long knives

In politics, you can deal with your detractors in one of two ways: you can confront them directly and deliver a knock-out punch. Or you can sneakily administer death by a thousand cuts.

In the political tug-of-war within the UPA between Pranab Mukherjee and P Chidambaram, Pranab-da has thus far preferred to slow-bleed Chidu. Now that it’s all coming out in the open, with the latest revelations that effectively tie Chidambaram ever closer to the 2G scam, perhaps Mukherjee should step up and deliver the knock-out punch.

In his duels with P Chidambaram, Pranab Mukherjee has thus far been willing to strike but afraid to wound. Reuters

The latest stunning revelation relates to an office memorandum sent in March 2011 by Dr PGS Rao, Deputy Director in the Finance Ministry to Vini Mahajan, Joint Secretary in the Prime Minister’s Office, regarding allocation and pricing of 2G spectrum. The note, sent a month after former Telecom Minister A Raja was jailed, was evidently approved by Mukherjee, and effectively fixes Chidambaram.

The details of the note were revealed following a Right to Information request filed by activist Vivek Garg; the note, along with other documents are now before the Supreme Court, which is hearing a petition from Janata Party leader Subramanian Swamy for a CBI investigation into Chidambaram’s role in the 2G scam case.

Alongside that legal track, political developments have acquired rapid momentum. Opposition parties, including the BJP, have stepped up their demand for Chidambaram’s resignation.

“The cat is out of the bag,” BJP spokesperson Prakash Javadekar said on Wednesday. “It was clear all along that Chidambaram agreed to Raja’s formula for 2G spectrum allocation. If he had stuck to the finance ministry officials’ position, the scam would not have taken place.”.

The CPI too has demanded that Chidambaram’s role needs to be examined. The party’s national secretary D Raja noted that Chidambaram’s continuance in the Minister had, “morally speaking, become untenable.”

Predictably, the Congress rejected the demand for Chidambaram’s resignation and said “we do not, in any manner, accept” the allegation made by Swamy against him.

“The party does not doubt (Chidambaram’s) integrity… Without waiting for the court proceedings to be completed, it is highly objectionable and inappropriate for Dr Swamy or anyone else to pass premature judgement on the very same issue on which he is seeking relief,” party spokesman Abhishek Singhvi told PTI. Singhvi said the “mischievous attempt” to create a rift between different constitutional functionaries is highly regrettable and ought not to be repeated.

Yet, the real problem for the UPA is the rather more ruinous rift between Chidambaram and Mukherjee, which has a long history.

Each has been sniping at the other for a while now on matters that relate to the other’s ministry. The level of distrust between them runs so deep that in September 2010, Mukherjee wrote to Prime Minister Manmohan Singh complaining that his office had been bugged.

Although he did not invoke Chidambaram’s name, it was abundantly clear that he suspected the Home Minister of foul play. In fact, Mukherjee deliberately opted to have the Central Board of Direct Taxes sweep his office for bugs, rather than the Intelligence Bureau, which comes under the Home Ministry.

Prana-da has thus far limited himself to shooting off letters to the Prime Minister (or having his ministry write them) slyly incriminating Chidambaram. He thus far proved willing to strike but afraid to wound. Which only leaves Chidambaram as a slighted rival, never a good thing in politics.

But since politics is all about getting the timing right, and since the planets are currently lined so as to cause maximum malefic influence to Chidambaram, perhaps Pranab-da should go for the kill. It’s time to pull out the long knives.



While the stalwarts are busy sniping at each other the nation suffers from the lack of attention from the PM.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby chaanakya » 22 Sep 2011 09:52

^^ 'seen' in bureaucratic language means 'approved'. Note is a torpedo from Bongo Bondhu to Lungimaster through PMO. Remember the incident of bugging of FM chamber .One can not do that live to tell a tale.


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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby chaanakya » 22 Sep 2011 10:22

http://timesofindia.indiatimes.com/indi ... 075060.cms

"In fact today a sensational news item has come and it is through the exercise of the RTI. A note was sent by minister of finance to Prime Minister. Somebody demanded through the use of RTI to have the copy of that note from the Prime Minister's Secretariat and... fact of the matter is somebody has produced that as a piece of evidence in a particular case," Mukherjee commented.

He said whether the letter can be used in such a manner or not "is a different story."

A finance ministry document submitted to the Supreme Court says the telecom ministry could have gone in for auction of 2G spectrum licenses had the then finance minister P Chidambaram insisted on this.


There are wheels within wheels. CONgress defends PC , which clearly points to its stake in the Scam.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby skumar » 22 Sep 2011 10:51

Three cheers for Dr. Subramanian Swamy!

Oh Lord, please grant his wish of seeing Chidambaram in jail. And Lord, please grant our wish of seeing every corrupt minister in this government in jail. :rotfl:

I hope the Supreme Court neither accepts the TRAI bs on "no financial loss in 2G auction" nor the CBI bs on "no jurisdiction". Where are the emperor's clothes?

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby sum » 22 Sep 2011 12:43

^^ have to say that SSwamy really does seem to have powerful backers..

He had publicly thrown the gauntlet 2-3 months back that his next target was PC and he would ensure PC would go to jail/resign...amazing that he is actually walking the talk!!

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby SSridhar » 22 Sep 2011 15:51

Happened to see Dr Swamy in one of the channels last night when he was asked about the letter by Pranab da to the PM on Chidambaram's dubious role. He said that he was not relying on that letter and he had documents to prove everything contained in that letter. Such confidence and access to information.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby gakakkad » 22 Sep 2011 16:26

sum wrote:^^ have to say that SSwamy really does seem to have powerful backers..

He had publicly thrown the gauntlet 2-3 months back that his next target was PC and he would ensure PC would go to jail/resign...amazing that he is actually walking the talk!!



IMHO he is working on his own...but he has deep connections inside the Indian bureaucracy .. Not everyone in CON / bureaucracy liked chidu or die-nasty

He is a former cabinet minister and was the member of the planning commission in1990s ..Actually Dr. Swamy and not MMS formulated the economic liberalisation and reforms strategy..

Only thing that makes him a suspect to having foreign support is his diplomatic success with Pandaland.. He was the one with convinced deng to open Man Sarovar back in 80's ..But then he knows a whole lot about China.. It could have been a genuine success as well..

Even if he is a CIA affiliate , I don't care... DIE-nasty is far worse than CIA..

Besides CIA has been pretty dumb w.r.t foreign policy..They have had some miserable failures... They has hardly ever succeeded in achieving their policy goals ...


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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Sushupti » 22 Sep 2011 19:06


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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby ramana » 22 Sep 2011 19:15

chaanakya wrote:^^ 'seen' in bureaucratic language means 'approved'. Note is a torpedo from Bongo Bondhu to Lungimaster through PMO. Remember the incident of bugging of FM chamber .One can not do that live to tell a tale.


chaanakya san, I think this is borderline sterotyping of PC's attire. I note that in many online forums folks are using this phrase to describe PC. I dont like it as it sterotypes people from South India based on dress.
Please dont do that.

Thanks, ramana

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby chaanakya » 22 Sep 2011 20:26

well, no stereotyping intended but no issues ,

Thanks Ramana garu for pointing out.

noted for future reference

I'll call him anything decent sounding and not stereotyped. Would chiddu be fine?

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby achy » 22 Sep 2011 23:33

One of the arguement regarding zero loss is that spectrum was sold at 2001 prices to keep call rates low and increase tele density. I have a question that why does not Government applies this policy to other licenses at its disposal like Mining license, Industrial license, etc. Why is increasing tele density is the only goal. Why not increase the per capita consumption of coal, iron, power, soap and underwear as well. Why did the government applied this policy selectively ?

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby skumar » 23 Sep 2011 07:46

25-Mar Note by the Finance Ministry on Allocation and Pricing of 2G spectrum
http://static.dnaindia.com/docs/fm-letter-to-pmo-on-spectrum-allotment.pdf

The former FM went against the advice of his Finance Secretary (now RBI Gov) on the issue. Wonder if Chidambaram held out against Raja to get his "fair" share and immediately acquiesced under receiving the same. Is this note along the same lines? It is upto the SC to probe the role of the the former FM and the PM.

Yesterday on TNow, Abhishek Singhvi was quoted as saying that this decision may have been taken for various reasons - improve teledensity, improve services etc and wanted to portray this as an "error of judgement". Ravi Shankar Prasad in a separate session pointed out the absurdity of the teledensity argument - 4-6 million in 2001 vs 250 million in 2008.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby svenkat » 23 Sep 2011 08:15

Those who criticise PC,please note.

He is infinitely superior to Mu.Ka.People from North India,Karnataka,Kerala,Andhra,please note.

Our civilisation believes in Anaadi Karma.(Beginingless Karma and Prakriti).We do not have the concept of Tower of Babel.Though 'whitey' historians talk of a epithet in Rigveda referring to 'mridhravchah' -of hostile speech,we pride in our respect of diversity.

The Congress in TN has severe limitations,as openly admitted by PC.Tamizh is an old classical language.It is NOT derived from Samskrtam.This is not to justify the thuggery of tamizh chauvinists.One can understand the depth of tamizh feelings and how they are manipulated by the incredible defence of Rajiv assasins in certain quarters and the christist manipulated kudankulam protest.

SSwamy has no base in TN.He has the luxury to indulge in his antics.Raja,kanimozhi and maaran need to brought to the book.

PC(with all his limitations and affectedness) is a different kettle of fish.He is articulate,sophisticated(by which I mean he understands the nuances of life) comes from a very very distinguished chettiar family.(the richest in TN).

Let us not forget social engineering by British,christists and the fact India is a 'civilisational' state.PC represents the national mainstream with all its kinks and flaws.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby skumar » 23 Sep 2011 08:33

Those referring to the works of SSwamy as antics, please note.

Here is a man who has probably done at least as much in the fight against corruption as AH. He might not have a base in TN probably because he cannot afford to. He was probably responsible for much of the liberalisation reforms in India that are sought to be credited to RG (who did not have a clue about it) and MMS (who acknowledged it).

PC has behaved in a seemingly arbitrary manner and has much to answer for as is his wont in his articulate, spohisticated style. That he chooses not to do so and did not do so earlier casts more doubts on his role. He has not redeemed himself in his role of HM either. That he comes from a distinguished wealthy family is immaterial to the facts of the case and cannot absolve anyone of anything.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby abhishek_sharma » 23 Sep 2011 08:40

I don't understand how information about Tamil and Sanskrit is relevant/important for understanding 2G spectrum scam.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby Pratyush » 23 Sep 2011 10:49

CBI note shows PM, Chidu had 43 days to stop Raja – but didn’t

What could be the reasons for this non action by the two men? While the consensus on the thread is that Mr Raja is guilty of gross misconduct in the 2G licensing. He was part of the team that went along with his actions.

That being the case, they (PC & MMS ) are guilty by association in the dark deeds of Raja.

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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby chaanakya » 23 Sep 2011 15:23

SC role: Government applying different yardsticks
The all-out attempts being made by the Union government and the Central Bureau of Investigation to thwart any possibility of the Supreme Court monitoring the Rs1.76 lakh crore spectrum scam in the light of home minister P Chidambaram’s name being tossed up by the key petitioner belie the government’s vowed faith in the judicial screening of matters which, of course, aren’t troublesome for the ruling party.

The very fact that the Centre’s stand in the spectrum case is altogether contrary to what it had been stressing in the Gujarat violence cases gives an impression that it doesn’t want a fair probe in the case.

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However, it couldn’t swallow the recent order by the apex court that merely set up a special investigating team comprising two former judges among others to monitor the investigations being carried out by the investigating agencies in the mega billions back money scam.

It has sought review of that order saying the government is competent to investigate the scam and accordingly bring the siphoned off money back to the country.

chaanakya
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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby chaanakya » 23 Sep 2011 15:28

Have to cross Lakshman Rekha to pin 2G Ravan: SC tells govt

The Supreme Court (SC) on Thursday said the 2G spectrum scandal is not an “ordinary” criminal case and dismissed the Centre’s argument that it (SC) should not cross the “Lakshman Rekha” by monitoring the investigation. The court said “if Sita hadn’t crossed the Lakshman Rekha, Ravan wouldn’t have been killed”.

During the inconclusive hearing on an application by Janata Party leader Subramanian Swamy seeking questioning of home minister P Chidambaram (finance minister in 2008) for not stopping allotment of scarce spectrum by then telecom minister A Raja, government counsel PP Rao said the government would examine the note sent by the finance ministry to the prime minister's office, and other documents submitted by Swamy.

“The government will study them and CBI will also consider them. The next status report will contain its outcome,” he said. Swamy has sought a CBI probe alleging Chidambaram’s complicity in the offence.

The government, which picked up the arguments from where the agency’s counsel KK Venugopal had left, contended that monitoring by the court in a case in which charge sheets have been filed was unheard of. Rao said there was complete bar on the court’s interjection at this stage and it’s opposed to its monitoring of the probe.

Not impressed with Rao’s contention, a bench of justices GS Singhvi and Ashok Kumar Ganguly said the CBI started the investigation in the “biggest scam” only after it passed directions and asked the sleuths to impartially do its job without any fear.

Even during the hearing on the issue whether the court should or could monitor the investigation, the then solicitor general Gopal Subramanium had said “the government has no objection” to such a direction.

“Are you withdrawing the statement what the then SG had made?” asked the court.

“I am not withdrawing that statement. What my contention is that once a charge sheet has been filed, court can’t monitor its investigation,” Rao replied. “It is well settled that the task of monitoring by this court would end the moment the charge sheet was filed and thereafter the ordinary process of law would take over.”

However, the bench asked him as to why it cannot direct the CBI to further investigate on the basis of apprehensions expressed by Swamy that the then Finance minister Chidambaram was privy to the fixing of spectrum price by the jailed Raja.

“The investigation is going on as supplementary charge sheet hasn’t been filed as yet. How can you say that after filing of the charge sheet, no further investigation can take place in that case,” the bench raised another query.

Towards the end of the hearing in a packed court room, Rao argued that the power to investigate being a statutory power, no superior authority or court can direct the police as to how it should investigate a case or the trial court as to how it should exercise its jurisdiction and powers. “The manner of investigation is left completely to the discretion of the police and the kind of orders to be passed is left to the court concerned,” he said.

However, the question still looking for a satisfactory reply was whether the investigation in the spectrum case was over?

Venugopal said the prosecution in the scam cases was going on and said the apex court could only monitor the progress in the case.

In his private criminal complaint being dealt by the 2G scam case judge O P Saini, Swamy has sought a direction to summon Chidambaram to the witness box. The matter has been pending there.

Making a strong plea against the apex court passing further direction to the CBI on Swamy’s plea, Rao sought to pass over the relief sought by the complainant to the trial court. He has “admittedly approached the trial court for the same purpose,” Rao said.

Swamy has sought examination of himself as well as issuing of summons to a few named witnesses.

The trial court has been seized of the matter. It not only has the “power to summon witnesses and examine the complainant but the power to issue summons for production of relevant documents from any person”, counsel said.

It enjoys the power to “proceed against any person not named as an accused in the charge sheet. Thus, looked at from any angle, there is no need to pass any order on his (Swamy) plea before SC”, Rao said.

Hearing will continue on Tuesday.

chaanakya
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Re: Two-G (2G) Spectrum Scam Tapes and follow-up

Postby chaanakya » 23 Sep 2011 15:30

Pratyush wrote:CBI note shows PM, Chidu had 43 days to stop Raja – but didn’t

What could be the reasons for this non action by the two men? While the consensus on the thread is that Mr Raja is guilty of gross misconduct in the 2G licensing. He was part of the team that went along with his actions.

That being the case, they (PC & MMS ) are guilty by association in the dark deeds of Raja.

There are one lakh and seventy six thousand crores reasons for doing that.


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