2G spectrum scam and 2G spectrum case are two different terms which we have to use carefully as we have to look at this case in two ways. Civil offense and criminal offense This case has to be looked at in two ways, in which the case which went on in the CBI Special Court was conducted for criminal charges. In 2012, the Supreme Court canceled spectrum licenses, a civil offense in which the spectrum allocation was ordered to be revived in view of the lack of transparency.
Till date, no law has been made for a civil wrong in India, in which any wrong decision of the government has caused any damage, it should be proved. Rights have been given to the citizens through consumer rights and fundamental rights given by the constitution, on the basis of which they can fight the government. If there is any loss due to the wrong policy of the government, then it is a very difficult task to prove it. In the 2G spectrum allocation case, the country had suffered a loss of 2.76 lakh crore, this figure is an estimate which was run by the media.
Through this article, we will try to look at the 2G spectrum case from all angles. Because we are writing this article, in which there is always a bias which happens in everyone in less and more quantity. Every person has a prejudiced view, no matter how intellectual you are, so understanding the principle of legal process, we will try to put all the views in front of you. So we will try to look through 2G spectrum case and present the facts without calling it 2G scam.
Background of 2G Spectrum Case –
In the UPA government, A Raja of the DMK party of Tamil Nadu was the Telecom Minister in this government through which this spectrum allocation was done. Earlier, auction of spectrum or other services has been done through auction. There have been allegations that certain companies have been given priority for making this allocation in 2008. Allegations were made that companies who had no experience in the telecom sector were given licenses. Usually shell companies are formed and used by big companies to get spectrum at a low price through auction.
Telecom Minister A Raja took the decision of allocation of telecom spectrum without the approval of the cabinet, but if A Raja himself is to be believed, he had told this to the Prime Minister and Finance Minister Pranay Mukherjee in the cabinet meeting. When in the charge sheet of CAG, a sense of transparency was mentioned in the allotment process and this would lead to 1. It was said that there was a loss of 76 lakh crores. There were allegations of misrepresentation of information about the spectrum allocation process of the Telecom Ministry by the administrative officers of the PMO Office.
The allegations were made by the CBI for the transfer of money to A Raja as well as Karunanidhi’s daughter and MP Kanimozhi by the company applying for shares in it. The allegation of this 2008 spectrum allocation process was petitioned by several social organizations and the opposition. The Prime Minister was requested by Subramanian Swamy to intervene for this. Such allegations of delay in interfering in the 2G scam case on the UPA government are made by the opposition.
Is this 2G spectrum case? –
2G means second generation mobile network, which is a technology through which text messages and photos are sent to other mobiles. In which today 4G mobile network technology is used, by using waves in the air, we get internet service through telecom companies. The spectrum is to be used in these directions, its control is given to the government, through which this spectrum is sold to the companies for the whole country. Applications were invited for 122 spectrum licenses in 2007, for which applications were received by 46 companies from all over India, out of which 9 companies were given these spectrum licenses.
We have to know where disputes are created in this, the applicant who comes first for spectrum will be given spectrum, this system was used. Earlier such spectrum licenses were given through auction by most governments, but this system was also used by the BJP coalition government in 1995. Objections were taken on giving this spectrum to 9 companies, in which the spectrum of some companies like Unitech and Swan Telecom has been in dispute. Some companies had no experience in the telecom sector, but still claimed to have been given licenses.
The regulation language of the Government of India was so technical that it was not understood by the applying company and neither the administrative officers have been supervised by this special court. This allocation was canceled by the Supreme Court and the government was asked to make the allocation process transparent from the new one. In 2017, the CBI Special Court acquitted 17 accused, in which the CBI could not provide any concrete evidence, this comment was given. 2G spectrum scam happened? This important question nevertheless remains as we will see through the conclusion at the end.
2G Spectrum Case & Telecom Minister A. Raja –
Due to the license allocation of telecom spectrum, CAG chief Vinod Rai said that the country had suffered a loss of Rs 1.76 lakh crore due to this allocation. The news was heavily covered by India’s leading media, putting a lot of pressure on the Supreme Court and investigative agencies like the CBI. In 2017, when A Raja and the rest of the accused were released by the Special Court for lack of evidence, he criticized Vinod Rai’s statement. A Raja was interviewed by the media, by several television shows in which he invited Vinod Rai to come forward and discuss.
During the investigation, A Raja had to resign his ministerial post and had to spend 15 months in jail. After getting bail from jail, he first expressed his displeasure by writing a character to the Prime Minister. Ministers like Finance Minister Pranab Mukherjee and Pi Chitambaram in the Cabinet Ministry remained silent during this investigation, they did not understand it. A Raja believed that it was necessary to take a stand by the Cabinet Ministry, which he did not take and he discussed with the Prime Minister for 30 minutes and said that when the time comes, he will also tell what happened.
This book “2G SAGA UNFOLDS” was written by A Raja, in which the story of how he was trapped is written. He himself was a law student, so he gave a legal explanation as to how the Supreme Court under the influence of Vinod Rai canceled the spectrum licenses. As Telecom Minister, he believed that he had taken a revolutionary decision by taking the first come and get license system. Because in the auction they believed that the proposed companies exert their influence over the smaller companies and take license. He kept on saying from beginning to end that he was innocent and that he was ready to discuss with anyone.
2G Spectrum Case & Politics
Before the BJP government won a majority in 2014, we saw the movement of Anna Hazare and Arvind Kejriwal against corruption in Delhi all over India. The Congress government had to face many allegations like coal scam, 2G spectrum scam. By the way, the BJP’s election issue was this corruption-free India and development and we should not forget that India’s black money in foreign banks should come to India, for this great enthusiasm was seen.
The proceedings of the 2G spectrum case through the Special Court under the supervision of the Supreme Court lasted for about seven years, in which 1753 questions were asked to A. Raja. The court took a jibe at the campaign run by the media, proving all the accused innocent and criticized it for running the news without any basis. Mukul Rohatgi, the then Attorney General of the government, accepted the court’s decision, responding critically to the CBI’s failure to collect evidence.
In 2017, the Special Court gave this decision, reiterating the “Zero Loss Theory” by Kapil Sibal for which 2012 has been criticized on social media. Giving admission of demonetization for this, he said that has the country been harmed by the decision of demonetization? Shouldn’t the BJP government be taken in the dock by this? The same reminded the Congress of Arun Jaitley’s decision to annul the spectrum allocation of the Supreme Court. Similarly, in the 2G spectrum allocation process, we get to see the politics in which the scam took place? This thing remains unanswered.
2G Spectrum Case & Court Verdict –
All the 17 accused in the 2G case were acquitted by the Special Court in 2017 due to lack of evidence. How was the charge sheet of 80000 thousand pages by the CBI in the special court, but the court found that there is no concrete evidence in which criminal charges are levied on these accused. This case went on for seven years under the supervision of the Supreme Court and through OP Saini, in which about 1753 questions were asked to A Raja. The Special Court, in its inspection, found that the correct information was not provided to the Prime Minister by the PMO office.
For the last seven years by the CBI, the judge felt that now the evidence would be presented, he kept waiting, but till the end no concrete evidence was presented by the CBI. Most of the allegations were based on the CAG report, which does not have any legal evidence, it is an audit process, which takes place within a limited scope. The theory of loss of 1.76 lakh crore by CAG chief Vinod Rai was based on the presumption that no legal criminal charges are proved against the accused.
The 2G spectrum allocation canceled by the Supreme Court in 2012 has nothing to do with the criminal charges in the special case, said OP Saini. 2G spectrum case This civil case and criminal case were conducted in such two ways in which the accused have been proved innocent with criminal charges in the special court. CBI and ED can take the matter to the High Court, it was said. But the evidence has to be presented in the High Court also which seems very weak, CBI had a lot of time in the last seven years to collect the evidence in which it has failed.
Features of 2G Spectrum Case –
- In 2008, 9 companies were selected by Telecom Minister A Raja through “First come First Give” from 46 applications.
- There are two methods of granting spectrum licenses, one through auction and the other through priority and interview, in which the Telecom Ministry selected companies through the method of priority and interview.
- In 2010, the CAG presented a report on the telecom spectrum allocation cases in 2008, in which some questions were raised, in which the loss of 2.76 lakh crores of the country was said to be such a stigma.
- Through the corruption campaign by the Indian media and by the opposition, this process was made a political issue in the public.
- If any policy of the government is to be implemented, then cabinet approval is necessary, in which Telecom Minister A Raja was accused of not taking this approval but his belief has been contrary to this.
- Inspections were found by the CBI Special Court on the officials of the PMO Office for not providing correct information to the Prime Minister.
- First come and get a license and auction This has been the main point of contention in the 2G spectrum case.
- In 2012, on the basis of available evidence, the Supreme Court canceled 122 licenses in 2G spectrum cases and ordered its transparent reallocation.
- The Supreme Court’s observation by the CBI Special Court on 21 December 2017 declared all the 17 accused innocent and the reason given that the CBI could not prove any solid evidence in the last seven years on which a criminal case could be made out.
- The CBI Special Court, in its 1553-page report, has seen a lot of allegations being made on the things heard and in this the responsibility of the administrative people cannot be denied.
- Kapil Sibal, who is the spokesperson of Congress, described this case as a political issue through zero loss theory and said that no harm has been done to the country.
- The BJP, which was in opposition at that time, claimed that spectrum licenses were allotted in 2008 at 2001 prices.
- The 2G case was fought the most by BJP MP Subramanian Swamy and till date he is claiming that there is a scam in these cases.
- CAG chief Vinod Rai, whose figures of 2.76 lakh crores were tossed a lot by the media, in which he still claims that it is an estimate of loss under an audit report.
- It is his allegation that the Telecom Minister called himself innocent from the beginning till today and wrongly this case was run through a media trial.
Critical Analysis of 2G Spectrum Case –
Corruption has been an important part of India’s system, no matter what the government comes, the same system is seen. We get to see a change in the character of the opposition which accuses the ruling parties of corruption after coming to power. That’s why intellectuals want to stay away from India’s politics and illiterate citizens cannot bring change in this country. If 17 accused were acquitted by the Special Court in 2G spectrum, the question would have arisen that the spectrum allocation was canceled by the Supreme Court.
This means that the spectrum allocation process was not transparent, such facts would have come before the Supreme Court. The Wrong things have a characteristic that they are done very easily in the society, similarly corruption is easily seen in this system. It also raises a question mark to say that even the administrative officers cannot separate and not all are corrupt. Because watching corruption happen in front of the system is not participating in the crime? Even if the money of which corruption is not used, but whose responsibility is it to stop it? Many such questions arise.
In the 2G spectrum case, A Raja, who was the Telecom Minister, has claimed from the beginning that he is innocent, while CAG chief Vinod Rai Aaj Tak is firm on his statement that he had given that the Government of India may suffer a loss of 2.76 lakh crores. was. Subramanian Swamy tried to take this case forward with full force and the political change we saw in 2014. The claim that the BJP government came to power prominently on the issue of corruption is made by the Congress. If we see today, has corruption ended in the Indian system? Foreign black money has come to India? Many such questions arise.
In this way, we have seen how the scam happened in the 2G spectrum case, it was not proved in the special court, but the Supreme Court ordered the 2G spectrum allocation process to be done again in a transparent manner. The CBI has failed to produce evidence in the spectrum cases, and the administrative authorities have been the most important role in the controversy, the observation given in its 1500-page judgment. While filing the petition, the judiciary does not have the right to question the policy of the government, but if there is a financial loss to the country, then it was seen that the court can intervene in this matter.
A Raja, who was the main accused in this case, claimed that the decision of the Supreme Court did not use judicial principles in the judicial process. This case has been used from political point of view, such allegations are made and Subramanian Swamy was criticized for presenting the official side of Attorney General Mukul Rohatgi and after the decision of the Special Court. The original Mukul Rohatgi had commented on the CBI’s failure to gather evidence in the court’s decision.
Through this article, we have tried to check the facts and what has been the side of everyone in this spectrum case. We have to see that there is corruption in the government system, due to which the citizens have to be deprived of the facilities they should get. In the judicial process, these accused have been acquitted by the Special Court, but this case has been settled in the CBI High Court in 2018, this case will also be fought by its ED organization. But we should not forget that allegations of such corruption have been very easy for political deals.