Bharat Rakshak

Narayana Rao wrote:From what i heard from one Lawyer from Delhi it seems that the Judge Saini - that is the CBI Judge who is trying the criminal court may allow that application of SS agaist Chidu on Saturday. Please ready this post and observe the words used on SS - It is as if SS is the criminal and INC is all innocent people -
http://www.hindustantimes.com/India-new ... 05774.aspx

ramana wrote:Or selective responsbility of coalition partners.

suryag wrote:I think Chidu will go scot free on Feb 4th. He is too big to fall in this net

Leading foreign telecom giants —Telenor of Norway and Sistema of Russia — on Friday asserted that they would take legal measures to protect their investments in Indian operations with one of them speaking of “alternative” plans to quit India.

Telenor is a majority stakeholder in Uninor joint venture with Unitech and Sistema in Sistema-Shyam telecom that offers telecom services under the MTS brand.

“Telenor Group wants to be clear that the Uninor operations are continuing. Our intention is to fight to protect our lawful investments in the country. We are looking to the government to arrive at a fair solution. We expect that the intention remains of bringing new competition to India,” Telenor Group said in a statement.

Sistema claims to have pumped in over $2.5 billion (about Rs. 12,500 crore) and Telenor has exposure of over Rs. 14,000 crore in Indian services.

Both Uninor’s 22 and Sistema-Shyam’s 21 licences have been cancelled as per Thursday’s Supreme Court judgement.

Echoing similar sentiments, Russian conglomerate Sistema said in a statement that “it will contest this order by pursuing all available legal remedies. In the meantime, Indian operations will remain business as usual.”

The company claims to have more than 15 million subscribers, employing over 3,500 employees.

When asked about quitting India, Telenor president and CEO Jon Fredrik Baksaas told Reuters, “That is one alternative on the table“.

Telenor holds 67.25 per cent stake in Uninor while Sistema and the Russian government together have about 74 per cent ownership in the joint venture.

“The Norwegian government has announced that they are monitoring the situation and will actively contribute to find solutions to secure Telenor’s investments and presence in India,” Telenor added.

According to Trai, joint venture firm of the Norwegian company, Uninor had 36.30 million subscribers by end of December 2011.

Keywords: 2G spectrum scam, Supreme Court verdict, licence cancellation, Telenor, Uninor, Sistema, MTS

Govt refuses to accept CIC order on 2G opinion

The law ministry has refused to accept the Central Information Commission's order directing it to make public the advice given by Attorney General GE Vahanvati to jailed former telecom minister A Raja on giving licences for allocation of 2G spectrum.

The legal arm of the government has decided to challenge the CIC order in the Delhi high court, directing it to provide Delhi-based RTI activist, Subhash Chandra Agrawal, a copy of Vahanvati's opinion given in December 2007.

"In compliance with the CIC's order, it has been decided by the competent authority to file an appeal before the Delhi high court against it," the ministry has said in its reply to Agrawal.


The CIC had in December last rejected the ministry's argument that Vahanvati advice, as Solicitor General in 2007, was sought by another ministry (telecom) and was therefore exempt from the RTI Act.

"The commission shall take this opportunity to clarify that the records of any advice/opinion tendered by the law ministry to other government departments do not fall under the category of information held by it on behalf of other ministry and is confidential," it had ruled.

Raja, in a letter to Prime Minister Manmohan Singh on December 26, 2007 had cited his discussion with the then external affairs minister Pranab Mukherjee and Vahanvati to press his point for going ahead with spectrum allocation.

The PM had asked Raja to wait before taking any action. But the former telecom minister had told Singh: “As I have already promised to you, my efforts in this sector are intended to give lower tariff to the consumer and bring higher tele-density in the country.”

nawabs wrote:


“Telenor Group wants to be clear that the Uninor operations are continuing. Our intention is to fight to protect our lawful investments in the country. We are looking to the government to arrive at a fair solution. We expect that the intention remains of bringing new competition to India,” Telenor Group said in a statement.

Sistema claims to have pumped in over $2.5 billion (about Rs. 12,500 crore) and Telenor has exposure of over Rs. 14,000 crore in Indian services.

Both Uninor’s 22 and Sistema-Shyam’s 21 licences have been cancelled as per Thursday’s Supreme Court judgement.

Echoing similar sentiments, Russian conglomerate Sistema said in a statement that “it will contest this order by pursuing all available legal remedies. In the meantime, Indian operations will remain business as usual.”

Total Access Communications (DTAC.BK/DTAC TB)*

No impact if Telenor forced to exit India market

What's new
India’s Supreme Court yesterday ordered telecom licenses issued under a scandal-tainted 2008 sale be revoked, striking a decisive blow against corruption that plagues the country. The ruling applies to 122 licenses held by eight operators including Uninor (the joint venture of Telenor).

Implications
The market had some concerns that if Telenor is forced to cease operations in India, i) it would hurt the company’s financial performance dearly, and ii) if the damage is too large, it would need to sell assets, including the holding in DTAC, to cover their potential loss.

Telenor’s revenue contribution from India. The contribution was only 3% of total revenue in 3Q11 and India was still making losses both in terms of EBITDA and net profit. Therefore, the departure would not put Telenor into a loss. We do not expect the potential write-off from this investment to be significant. Looking into the CAPEX of India, it accounts for only 7% of the total CAPEX in 3Q11. As a result, we believe the potential write-off would not severely affect Telenor’s performance.

The Congress on Friday rejected opposition demand for resignation of Prime Minister Manmohhan Singh and Home Minister P. Chidambaram, contending that the Supreme Court has not held either of them responsible in the 2G case directly or indirectly.

“The Bharatiya Janata Party and some other opposition parties have tried for last 18 months to suggest that the legal proceedings must culminate in an indictment of the PM or at least a comment against him but they failed,” party spokesperson Abhishek Singhvi told reporters in New Delhi.

Quoting Thursday’s 2G case verdict, he said the Supreme Court has not held the Prime Minister at all responsible directly or indirectly for it.

He also said that the court has not made any comment against Mr. Chidambaram. He said that as far delays in giving nod to prosecution sanctions are concerned, this affected all governments including that of the National Democratic Alliance.

Coming down heavily on the BJP for “politicising” and sensationalising” court orders by “dragging” institutions for narrow gains, Mr. Singhvi also sought to shift the blame on the BJP for the cancellation of licenses, saying it was the NDA which had enacted the ‘first cum first serve’ policy for granting licences.(And Raja,along with others went one step ahead and even circumvented that policy)

“We accept the fact that today the first cum first serve policy has been condemned...This government must accept responsibility and we do accept responsibility for the errors of the FCFS. The FCFS was on February 2 held to be wrong. It was not held wrong then.

“When I am accepting responsibility, the BJP should also accept responsibility. Is it possible that those who implement and continue with the policy accept the responsibility but those who invented and operated it did not accept responsibility? I deny that,” Mr. Singhvi said.

Asked why did the United Progressive Alliance not change the policy when it came to power, Mr. Singhvi said it was not done as “there was no SC judgement holding FCFS as bad in concept till yesterday. You cannot be penalised and punished for continuing a policy.” ( Yeah,why not?Continue with theft in the guise of policy until someone calls it to be what it really is!)

He said, “We deprecate in strongest possible terms the repeated attempts of the BJP and other opposition parties to politicise and sensationalise legal judgements... It is utterly irresponsbile and unconstitutional to link judgements with totally unconnected political issues.”

Mr. Singhvi also blamed the opposition for the opposing the Lokpal Bill which incorporated a proposal for doing away with all sanctions.

“The Parliamentary panel headed by me had recommended complete abolition of sanctions, which the government had accepted and brought a bill in Lok Sabha. We could pass it there amid vociferous opposition of the BJP but in Rajya Sabha, where we did not have majority, they did not allow its passage,” Mr. Singhvi said.

He also accused the BJP of being “double faced” for condemning the FCFS policy now, saying it had emanated from them.

Nazir Karigar, an Ottawa-based Indo-Canadian entrepreneur, claimed he bribed Heavy Industries Minister and former aviation minister Praful Patel and Air India officials in 2005, to get a $100 million contract for his company CryptoMetric, says a report in The Globe and the Mail.

However, there is no evidence that Patel accepted the bribe from Karigar, the report noted.

Karigar, 64, who claimed he paid the bribe to supply a facial-recognition security system to Air India has reportedly been charged by the Royal Canadian Mounted Police under the Corruption of Foreign Public Officials Act, a law that prohibits the payment of bribes abroad. The Globe report also says he claimed the involvement of former Mumbai police chief Hasan Gafoor, the then chief of Air India security, in rigging a contract worth $100 million.

{The 26/11 Mumbai attack do nothing cop! He did this before the attacks.}

In 2005, when Air India floated two global tenders for the face recognition system, Gafoor reportedly tipped off his childhood friend Karigar, about the carrier's plans. Karigar, on behalf of CryptoMetrics, claimed he paid $250,000 to Patel through Maharashtra Water Supplies Minister Laxmanrao Dhoble, said the Mail.

Sinking ship: Desertions have begun in UPA-2, says N.V.Subramanian.

But stable as UPA-2 seems on the outside, the rot has set within. The IAS that is the proverbial rat that first deserts a sinking ship is sending out clear signals of hopelessness about the government. Up to early 2011, coinciding with the first Anna Hazare stir, senior officers in the Central government were cocky. They were so loyal that they refused to see any merit in the anti-corruption agitation which had touch a chord with common Indians. They were insensitive, arrogant, and felt invincible.

Now, without much prompting, they declare the government is tottering. The smarter IAS and IPS officers are pulling out, seeking to return to their state cadres to escape the taint of further association with the UPA government. This malady is affecting most ministries and departments but particularly sensitive ones such as home, IT, and so forth. Central postings no longer entice those in the states.

By Robert Winnett, Political Editor
Feb 2012

The Energy Secretary was forced to resign within minutes of the announcement by the Crown Prosecution Service that he had been charged with perverting the course of justice. The senior Liberal Democrat will make his first court appearance in less than a fortnight.

Mr Huhne and his ex-wife, Vicky Pryce, have both been charged with the same offence after it was alleged that she agreed to accept speeding points on behalf of her then husband.

The charges carry a maximum life sentence although legal precedent suggests that a guilty verdict in such a case would probably lead to a prison sentence of fewer than two years.

Gus wrote:Raja has completed one year in Thihar..wonderful accomplishment. He is not getting the 'thyagi' (martyr) accolades that Kanimozhi is getting for her time in jail. Raja may indeed be sacrificed..

a_bharat wrote:Nobody seems to be bothered about seizing the illegitimate windfall gains made by the swindlers by selling stakes after acquiring the spectrum cheaply. The SC only imposed nominal fines on these companies. There is no discussion of this important issue either on TV or on this forum.

a_bharat wrote:^^^
I wasn't referring to the bribe money which might have been parked offshore, but the gains made by selling stakes at huge premiums after acquiring spectrum cheaply. This is "white" money and it should be possible to trace it and confiscate.

No way on earth could chidambaram have been made co-accused.It was a decision by Congress to ensure/insure that DMK was on board during the eezham war.People in other states do not understand how sensitive eezham issue is in TN and Congress deserves kudos for ensuring decimation of LTTE.(I have no comment on the larger issue in lanka).

OP Saini wrote:
"There is no evidence on record that he was acting in pursuit of the criminal conspiracy, while being party to the two decisions regarding non-revision of the spectrum pricing and dilution of equity by the two companies.

chaanakya wrote:CBI court Judgement in 2G Scam is important. Now attending meeting and taking part in decision does no make one co-conspirator and can not be roped in as co-accused. This has important implications. So it would be certainly challenged in higher courts. Last word is yet to be said on this.

geeth wrote:What is your point? that Kangress had influenced the decision of the trial court judge??

For the first time in the 2G scam case, the Enforcement Directorate will attach immovable property worth Rs.223 crore of five companies in connection with the alleged bribe of Rs 200 crore paid to Kalaignar TV after an anti-money laundering court today gave its nod.

"As per the charge sheets of CBI, a bribe of Rs 200 crore was given by Swan Telecom Pvt. Ltd. (now M/s Etisalat DB Telecom Pvt. Ltd.) to Kalaignar TV through a number of intermediary companies in the garb of loan or share application money.

"However, the same was returned to Dynamix Realty (a company of Shahid Usman Balwa and Vinod Goenka)," ED had earlier said in its order.

Swamy provided the court with certified copies of evidence - including the Shivraj Patil report on 2G spectrum - that Chidambaram was also guilty of breach of trust in question of national security since he did not disclose that Etisalat and Telenor, to which accused Swan Telecom and Unitech Wireless had diluted their shares, had been blacklisted.

Three days after the Supreme Court ordered CBI to probe into the national security angle aspect of the 2G spectrum scam, the Delhi high court will decide on Monday if one of the accused, Shahid Balwa, promoter of DB Realty (Swan Telecom) had links with underworld don Dawood Ibrahim. Swan Telecom, now known as Etisalat DB Telecom, was allegedly favoured by prime accused, former telecom minister A Raja, in spectrum allocation.

He had moved the Delhi HC two months before it on December 3, 2010 against an official note from the ministry of home affairs (MHA) recommending Foreign Investment Promotion Board (FIPB) to deny permission to Etisalat to invest money in a Chennai-based firm, citing as one of the four reasons that he shouldn’t be associated with the company either as a director or in other capacity as he has links with the underworld.

According to sources, MHA had objected to the proposal of the UAE-based Etisalat to increase its stake in its Indian arm, Etisalat DB, citing the Dubai company’s presence in Pakistan and Afghanistan. CBI and IB allege Dawood invested large sums of money in Balwa's firm, which was used by him to finance many of his business deals.

“Balwa made several trips to Dubai, Dawood's hideout, in his private airplane. Investigative agencies are seeking details of these trips from the DGCA”, said the source.

What do Subramanian Swamy, Prashant Bhushan and Vinod Rai have in common? Swamy could be called a politician turned anti-Congress evangelist, often dubbed as a man with a destructive streak and a pet peeve—targeting the top leaders of the Congress. Bhushan is a staunch human rights advocate whose strident attack on corruption has brought an unrepentant UPA-II to the point of paralysis. Rai heads a constitutional body, the Comptroller & Auditor General of India (CAG), whose stinging report on the 2G spectrum scam gave him an almost adversarial aura vis-a-vis the UPA. Such were the unlikely forces that finally coalesced on February 2, creating in their wake hope for those battling institutionalised corruption and lack of transparency in governance.

It might seem the trio was working in tandem towards the February 2 order of the Supreme Court cancelling 122 licences given to telecom companies by former Union minister A. Raja, now in prison as an undertrial. In the chaotic scenes witnessed after the order, the government was forced on the backfoot. The wider consensus in the public was that the verdict was a strong indictment of the government, accused by many of having looked the other way as scams overtook governance. Such a scathing order is bad news any time; it’s all the more so when crucial assembly elections are being held in UP and other states.

Philip wrote:The reluctance of the SC to go after the real culprits and those primarily responsible for the monumental scams is surprising,They castigated the PMO but gave MMS a clean chit.Does this then mean that MMS is a rubber stamp PM in reality and that faceless babus in the PMO run the country? !