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1/D-40
Feb 04, 2012
01:48 PM

"A Delhi court on Saturday dismissed Janata Party president Subramanian Swamy's plea to prosecute home minister P Chidambaram in the 2G case."

This must be very disappointing for many in this forum.

Anwaar, Dallas
2/D-41
Feb 04, 2012
01:48 PM

How can we trust a judiciary that acts ONLY on media pressure?

And keeps a man infinitely in jail merely as an 'under-trial'?

And does not even punish the other accused, such as Tata ( coz hes too rich ) and Kanimozhi ( coz shes a woman )?

Male Unblocked, Chennai
1/D-42
Feb 04, 2012
02:12 PM

Now Swamy wants to go to the High Court. He must have plenty of time since he lost his job at Harvard.

Anwaar, Dallas
3/D-43
Feb 04, 2012
02:14 PM

 woo woo woo

I won't say I told you so. The court order has specially designed to help Chidambram. 

jackass, lol
4/D-45
Feb 04, 2012
02:32 PM

who says judiciary is independent?

Rajesh, Bangalore
5/D-46
Feb 04, 2012
02:33 PM

>>> This must be very disappointing for many in this forum.

Many in this forum must have been enthralled after hearing this news!

Gurujee, Pune
6/D-50
Feb 04, 2012
02:42 PM

 Can Oulook post the entire judgement so that we can understand the reasoning behind the decision?

bharat, delhi
7/D-52
Feb 04, 2012
03:07 PM

 The Muck fell back on the face of the Muck Raker himself!

Durai, Gurgaon
8/D-72
Feb 04, 2012
04:11 PM

The Honble Supreme Court in its order in cancelling of 122 licences had made out that Raja did not heed PC "s advice before he issued the 122 licences.Raja took the decisions on grant of licences arbitarily.

Though Sindhu Kullars advice on auction of spectrum was mentioned in the order as well.

Citing these the trial Court gave PC the benefit of doubt.

Nothing for the Congress to feel elated,what if Raja who is being made the fall guy were to stand up and spill the beans on what transpired.

DMK has dumped Raja and the guy hasnt even applied for bail.There is a whole lot of muck which is yet to emerge.

Dr Swamy looked shaken after the order ,he is not done with it as yet.Hang on.

wrongone, chennai
9/D-90
Feb 04, 2012
06:31 PM

PC is still not totally out of woods.Judge O P Saini has accepted that Raja and Chidambram both fixed the Prices of the Spectrum jointly .Price itself has been thrashed by the SC being ridiculously low and thus caused great monetary loss to the Nation and thus undue benefit to a few was given.

Judge has also accepted that both Ministers jointly allowed dilution of Equity .Moot question is could both allow dilution so soon after allocation ? I understand there were certain bindings in the Contract which have not been highlighted .

So the judge has accepted the points but has not accepted the intent to defraud.

Incidentally the gains made by Swan and others were known to the Govt immediately after the Sale .

We will get the copy of full judgement tomorrow and will hear analysis also .
Yes for time being it is some relief for HM and Congress .But what views higher Courts take is in the realm of future .

It is History of fight of Sawmi and NGOs in 2 G Scam that they lost all the battles in Courts even in HC but finally got the orders overturned in SC this week .

Congress can now go to UP proclaiming Victory but with Three adverse Judgments in a row from by the SC hounding it.

How much comfort Congress can take under above circumstances is mute question.And how the Voter reacts will be known soon .

Also what about Raja and DMK ?? How they look their own Raja still in Jail and Kani on bail where as Congress has been let off Scot free ?? DMK will extract its own pound of flesh in the Budget session. Jaya can't bail out Congress as she lacks the requisite number of MPs .

Interstingly after loosing all the battles up to HC it is the SC which overturned all the 2 G Scams cases being fought by Swami and NGOs .

Is Congress out of ICU finally ?? Well it depends upon ones preferences .

a k ghai, mumbai
10/D-97
Feb 04, 2012
08:12 PM

This judgement will be quoted by Raja and Kani for relief in their cases .But then what about SC judgement and its lashing comments while canceling the Licenses ?

We have not heard the last in this matter .

a k ghai
mumbai, India
11/D-102
Feb 04, 2012
08:44 PM

 is only a temporary retrieve. as has been pointed out in the 2 G cases, many decisions in lower courts have been  over turned in high court or supreme court. so it is almost funny to hear one ruling minister proclaim  that swamy can appeal to GOd alone now......well with the kind of government we have, even God may not be able to save our country

outlookjai, chennai
12/D-124
Feb 04, 2012
10:47 PM

It must be very disappointing for most of the people on this forum! 

Most people on this forum are biggest hyprocites.  First they take bribe and vote for these people and than complain!

My diagnosis is that Dr. Swami is suffering from Psychosis.    Wasting his time, that has no value, also that of others just to be in the media.  I would like to know, who pays for the litigation of all the cases he files and wastes time!  Perhaps most of the people who comment on this forum, who support him!

Kel Shorey, Glasgow
13/D-126
Feb 04, 2012
10:59 PM

PC is accused becuase when raja doenst listen to PC, then he should have complaint to Cabinet but he didnt, so he is guilty

loganath, chennai
14/D-1
Feb 05, 2012
12:05 AM

Court says "A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer .."

Isn't the same charge levied against Raja? Of course in Indian court rules are different for Dalits.

Rajesh, Phoenix
15/D-4
Feb 05, 2012
12:13 AM

From all indication, the judge seems to be saying that PC was either negligent or incompetent and negligency or incompetancy is not a crime.

P.B. Joshipura, Suffolk, Virginia
16/D-10
Feb 05, 2012
01:37 AM

 If the negligency or incompetancy of PC resulted in monumental loss to the exchequer is not a crime, then what is it? Such verdict wud only encourage ministers and bureaucrats to indulge more in white collar crime.

Anwar must be very happy, for Congress getting a new lease of life.

Shyamal Barua, Kolkata
17/D-12
Feb 05, 2012
02:17 AM

"There is no evidence on record that he was acting in pursuit of the criminal conspiracy."

That would not prevent the BJP from carrying on its scurrilous political exploitation!

Anwaar, Dallas
18/D-14
Feb 05, 2012
03:02 AM

Per the "logic" of the stuck pigs, since no conspiracy evidence was found against PC, there was no conspiracy.

Whats InAName
San Francisco, United States
19/D-15
Feb 05, 2012
03:02 AM

Its very obvious that PC is a crook irrespective of what the court says. He is a number one criminal presiding over the home ministry. He colluded with Raja, MMS, Sonia, Rahul and Robert Vadra to swindle 1.76 lakh crores. Take a straw poll on any street in India and I am very sure people will pronounce PC guilty. He is a criminal walking in the garb of a minister. He has looted crores of rupees belonging to the people of India. BJP, Swamy, the communists, and practically the entire polity is united in their opinion that PC is corrupt and a criminal. He will be sentenced in a higher court definitely. After he is done I am sure the rest of the loot brigade will also follow. Congress can keep shouting but they are paid to shout. Every Indian will support this fight to bring down PC and his bosses.

Srinivas, Lucknow
20/D-19
Feb 05, 2012
03:14 AM

>> He must have plenty of time since he lost his job at Harvard.

Bad news for all the stuck pigs.

Whats InAName
San Francisco, United States
21/D-24
Feb 05, 2012
04:57 AM

Srinivas, Lucknow

You must have your head examined.  Mayawati is the biggest corrupt going on earth; still you select her time and again!

Name me a Home Minister, who has been better than PC!  If you can not name and prove that please shut up!

Kel Shorey, Glasgow
22/D-26
Feb 05, 2012
05:51 AM

Chidambaram is the only minister performing well in the UPA. In that context, verdict helps the country. As for his culpability, his is not a criminal offence but that of negligence of duty. He was oath and duty bound to protect the interests of the country. But, given the jokers that infest the political quagmire today, it is unfair to single him out.

BJP must know that the concept of collective responsibility may as well begin with Babri Advani.

The Irreverent Indian
Online, India
23/D-27
Feb 05, 2012
07:40 AM

Rajesh,

Court says "A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer .."

Isn't the same charge levied against Raja? Of course in Indian court rules are different for Dalits.

What a wonderful thing is caste - the right one washes away all sins.

However, the point you make is valid. I have always maintained that all cases against Raja will fall flat unless, the CBI can establish a quid pro quo i.e. that he benefited in some way by distributing the largesse. The 200 crore payment by DB Realty to Kalaignar TV is all that the CBI has at the moment.

Swamy says that PC was Raja's partner in crime, so he too has to prove that PC benefited in some way. That is the criminal aspect.

Targetting PC for his incompetence and lack of interest in preventing the scam is a political issue distinct from the criminality or otherwise of his actions.

Bonita, Chennai
24/D-45
Feb 05, 2012
11:19 AM

Bonita >> What a wonderful thing is caste - the right one washes away all sins.

When predominant high caste court delivers guilty verdict against a Dalit, it automatically becomes a caste issue. In US nowhere you will see all white jury when a colored person in charged of crime. But the issue in hand is more than a caste issue. It is the conduct of the judiciary and the dysfunctional congress government.

I have no doubt that Raja will be pronouced guilty. Evidence doesn't matter. Look how supreme court found culpability in 2G. They resorted to 'public interest' in the judgement. In my mind public interest in legal term is another name of mob justice.

Bottom line is that the judge in this case has already made up his mind. Only question is how to justify the verdict. 

Rajesh, Phoenix
25/D-53
Feb 05, 2012
12:02 PM

The current organised, articulated and orchestrated political agitation, hiding behind corruption as an issue, seems to have suffered a severe setback!

Durai, Gurgaon
26/D-61
Feb 05, 2012
12:29 PM

"2G: Special Court Dismisses Petition Against PC"

Now I understand why it is called 'Special' ,

K.Suresh, Bangalore
27/D-98
Feb 05, 2012
07:34 PM

So if loss of Rs1.76 Lakh Crores is caused to the Public Exchequer it is not criminal inspite of SC calling the whole act malicious,corrupt ,flawed and favor a few .

Also it was and is moral Duty of the Finance Ministry to safe guard the Public Money. In this case it was well established by the Fees Govt got and the profits to the favored ones are 10 times more than the Private Companies investment.

In pure Financial terms an investment of 500 Crores gave 50000 Crores Profit with couple of weeks .Sc too heavily criticized this aspect.
And there is the question of alloting the spectrum to one ISI backed company and other Chinese Intelligence backed company .

But these acts don't consitute any Criminality under the Law .

a k ghai, mumbai
28/D-100
Feb 05, 2012
07:44 PM

But these acts don't constitute any Criminality under the Laws as we now understand .
corrected

a k ghai
mumbai, India
29/D-106
Feb 05, 2012
08:21 PM

" 2G scam case verdict a DOUBLE ( Triple ?? ) bonus for UPA

There could be another bonus for the government. If the 2G spectrum is now auctioned, as the Telecom Regulatory Authority of India has already indicated that it will be, the government could mop up anything to the tune of Rs 2 lakh crore. This will be good news for the cash strapped finance ministry, which is grappling with a fiscal deficit.""

www.rediff.com/news/slide-show/slide-show-1-2g-scam-case-verdict-a-double-bonus-for-upa/20120204.htm

 Third Bonus has already been pocketed by the Politicians .

Ultimately the CAG Report and decision of SC are justified that astronomical loss to the Public Exchequer has been done .

a k ghai
mumbai, India
30/D-122
Feb 05, 2012
10:18 PM

 KEL SHOREY, GLASGOW

The best home minister is a mtter of perception it is not a mathemetical equation to prove, I differ with your stupid argument that PC is best HM so please prove it, else you can shut up. Just because he can do a better job in Home ministry than the India's  worst home minister (Shivraj Patil... this by the way does not need any proof!) does not make him the best you dumb idiot. Mayawati may be corrupt but she is not selling the country, she is not the one who has swindled 1.76 lakh crores. She is so benign when compared to the Gandhi family and Congress that I suggest any one differs to not even try examining his head because they haven't got one. And Kel you should have some self respect and stop being a Congress Chamcha. At the end of the day regardless of what you do if you are Congress worker your mai-baap will always be a Gandhi family member. Shameful...right? I mean for you.

Srinivas, Lucknow
31/D-7
Feb 06, 2012
01:23 AM

 Judge Saini shows poor knowledge of the law. Even with the present evidence Chodumbaram should have been pronounced guilty. The relevant sections of the law are:

THE PREVENTION OF CORRUPTION ACT
§13. Criminal misconduct by a public servant
(1) A public servant is said to commit the offence of criminal misconduct,-
(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or

THE INDIAN CONTRACT ACT
§17.
"Fraud" defined.
17."Fraud" defined.-"Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract:-
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true ;
(2) the active concealment of a fact by one having knowledge or belief of the fact ;
(3) a promise made without any intention of performing it
(4) any other act fitted to deceive ;
(5) any such act or omission as the law specially declares to be fraudulent.
Explanation.-Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.

VIKK PANDIT, NEW DELHI
32/D-19
Feb 06, 2012
06:45 AM

Rajesh,

When predominant high caste court delivers guilty verdict against a Dalit, it automatically becomes a caste issue. In US nowhere you will see all white jury when a colored person in charged of crime.

The analogy is inapt. There is a difference between a jury of untrained laymen and a judge. The frailties of the jury system, especially in India where the jurors may be swayed by many considerations (including caste amd community) when considering a verdict was recognised a long time ago and the jury system was abolished in 1958 or 59 after the Nanavati case.

To say or imply that a dalit (or person of any community as some try to argue) will not receive justice unless the judge is from the same caste or community is to cast aspersions on the entire judiciary. While one can argue that Judge Saini was incorrect (or correct) in his judgement, to imply that he has prejudged the case on the basis of caste of the accused is unfair.

Whatever be the case, it is certain that the matter will be referred to the SC for a final decision.

As for Raja being held in jail, voices on the street say he is happy to be there for his own safety.

Bonita, Chennai
33/D-21
Feb 06, 2012
06:58 AM

>> >> I have no doubt that Raja will be pronouced guilty. Evidence doesn't matter.

He shall deserve it. You believe his caste is the reason. Others believe that as minister, who masterminded the entire operation, ignored PM's advise (of course MMS too deserves to be thrashed for this), gave only 45 minutes to companies to get a draft for a specific amount, etc., he is the primary culprit.

If you think he is no more guilty than PC and MMS, but is being targeted for being a Dalit, then he deserves to go to jail just for being monumentally stupid.

Whats InAName, San Francisco
34/D-22
Feb 06, 2012
07:02 AM

>> When predominant high caste court delivers guilty verdict against a Dalit, it automatically becomes a caste issue.

Going forward, accused and presiding judges should belong to the same caste. Only that shall satisfy the casteist.

The accused, guilty, number of people in prisons should all be in proportion to caste. Any deviation shall be made a caste issue by those who believes in it being as the only and absolute truth.

Whats InAName, San Francisco
35/D-32
Feb 06, 2012
01:08 PM

>>Swamy says that PC was Raja's partner in crime, so he too has to prove that PC benefited in some way. That is the criminal aspect.

Actually it is not a necessary condition as Vikk Pandit has already pointed out while quoting the relevant section of The Indian Contract Act. Additionally I would also like to quote Section 13(1)(d) (ii) of The Prevention of Corruption Act:

A public servant is said to commit the offence of criminal misconduct, if he, while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or
 

RSM, Delhi
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