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A RAJA AND KANIMOZHI ACQUITTED CHARGE SHEET BASED ON MISREADING, SELECTIVE READING, NON READING, OUT OF CONTEXT READING OF RECORD IS GIST OF VERDICT

 
 
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A RAJA AND KANIMOZHI ACQUITTED CHARGE SHEET BASED ON MISREADING, SELECTIVE READING, NON READING, OUT OF CONTEXT READING OF RECORD IS GIST OF VERDICT
by System Administrator - Saturday, 23 December 2017, 11:41 PM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : presumptive loss is a policy issue .State can give its resources free to its citizens as air is free and even spectrum can be free and need not be charged.If you start auctioning and rationing everything then it is not a government it will become a company for profit .There should not be any confusion in the media as to how the trial court judgment in the 2G case could be at variance to the judgment by which licences were cancelled. It is important to understand that the two jurisdictions of courts are completely different. In the writ petition and PIL that was filed with regard to licenses, the Supreme Court was only concerned with the validity of the policy and the issuance of licenses consequent to it. On the other hand, the criminal court was required to deal only with offences like conspiracy in framing of policy to favour a particular party or a group; corruption; illegal gratification and any other offence related to abuse of authority by any public servant.Criminal courts decide cases only on the basis of evidence laid before them and not on presumptive loss ; of witnesses and documents in accordance with the Indian Evidence Act. They cannot take into account anything other than the evidence for deciding guilt or innocence of the accused persons.The special CBI court acquitted all 18 accused including A Raja and K Kanimozhi in 2G spectrum allocation case. The scam came to light almost seven years ago when the Comptroller and Auditor General or CAG in a report held then Telecom Minister A Raja responsible for causing the state exchequer a loss of Rs 1,76,379 crore by allocating 2G spectrum licenses at throwaway prices. The charge sheet of the case is based mainly on misreading, selective reading, non reading and out of context reading of the official record, Special Judge OP Saini said in his verdict. The charge sheet is based on some oral statements made by the witnesses during investigation, which the witnesses have not owned up in the witness box, Special Judge added.

What K Kanimozhi reportedly said: We are all very happy that the justice has prevailed. It was a harrowing experience to be accused of something I have not done and being accused of corruption which I was not a part of. The whole party has suffered due to this. We feel finally a big weight has been lifted off.The allegation was that I was Director of Kalaignar TV. I was a Director for 20 days before the launch of the channel. I wasn't present in any board meetings. CBI new all this. I had submitted my resignation in the ROC. There's more to it than meets the eye, Kanimozhi said. Former PM Manmohan Singh said the 2G scam was a massive propaganda against the UPA without any proof. We respect the court's judgement. I dont want to boast. I am glad that the court has announced unambiguously that the massive propaganda launched against the UPA was without any foundation. The judgement speaks for itself", Former PM Dr Manmohan Singh. The 2G scam verdict comes as a setback to the Bharatiya Janata Party (BJP)-led NDA, which rode to power in 2014 on the plank of ending corruption in public life, using the 2G spectrum scandal and alleged irregularities in coal block allocations that dogged the second term of the Congress-led United Progressive Alliance (UPA).It's also a shot in the arm to the Congress, now led by the recently anointed party president Rahul Gandhi, coming on the back of the party's creditable performance in the recent Gujarat elections under his leadership.A 2010 Comptroller and Auditor General of India (CAG) report had estimated a presumptive loss of Rs1.76 trillion in the 2008 allocation of 2G spectrum and licences. In 2012, the Supreme Court cancelled the licences and ordered auction of the radiowaves. the special CBI court found all the accused in the case, including Dravida Munnetra Kazhagam (DMK) politicians A. Raja and Kanimozhi, not guilty. Given that the DMK was a former partner in the UPA, the verdict could boost Congress attempts to stitch together a larger anti-BJP alliance in the country.There should not be any confusion in the media as to how the trial court judgment in the 2G case could be at variance to the judgment by which licences were cancelled. It is important to understand that the two jurisdictions of courts are completely different. In the writ petition and PIL that was filed with regard to licenses, the Supreme Court was only concerned with the validity of the policy and the issuance of licenses consequent to it. On the other hand, the criminal court was required to deal only with offences like conspiracy in framing of policy to favour a particular party or a group; corruption; illegal gratification and any other offence related to abuse of authority by any public servant.Criminal courts decide cases only on the basis of evidence laid before them and not on presumptive loss ; of witnesses and documents in accordance with the Indian Evidence Act. They cannot take into account anything other than the evidence for deciding guilt or innocence of the accused persons.