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LESSONS FROM THE 2G VERDICT CHARGE SHEET WAS BASED ON MISREADING, SELECTIVE READING, NON READING, OUT OF CONTEXT READING OF RECORD IS GIST OF VERDICT

 
 
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LESSONS FROM THE 2G VERDICT CHARGE SHEET WAS BASED ON MISREADING, SELECTIVE READING, NON READING, OUT OF CONTEXT READING OF RECORD IS GIST OF VERDICT
by System Administrator - Wednesday, 27 December 2017, 11:18 PM
 

By : M.S.Yatnatti Editor and Video Journalist Bengaluru : Do not presume on corruption .Presumptive loss is a policy issue and on presumptive loss no FIR can be filed . Lesson is for every citizen in the 2G judgment. According to reports every error is not a crime though every crime might be erroneous. Every faulty policy or its slipshod/ poor implementation is not a crime. Courts quash administrative decisions, eg grant of tender, selection of employee, allotment of land, daily. If every such quashing and declaration of invalidity was accompanied with criminality and criminal intent , governance would become impossible and the country might become open jail. To read the Supreme Court quashing of licences in 2012 as indicating criminality, is to deliberately distort legal principle and obfuscate elementary jurisprudential rules.That is why the 2G judgment is a victory for law and justice, for sober and robust judgment in a debilitating ambience. The enormous waste of time and resources based on hype is, however, a national tragedy with many lessons to be learnt and we need to revert to better ways how honest public servants are protected and corruption is detected and punished.As every Act provides Protection of action taken in good faith.-No suit, prosecution or other legal proceedings shall lie againstany person for anything which isin good faith doneor intended to be done under Act or any rule or regulation made there under."Media Trial is ruining the fate of many politicians”.The media has responsibility and need to learn that press hysteria do not establish criminal intent. The then opposition owes it to the electorate and to the accused not to unleash a crescendo of unmanageable proportions on presumption , making fair trial difficult, apart from misleading the nation. The judiciary has to possess nerves of steel to do objective justice, uninfluenced by fear or favour, because otherwise India would be no different than its south Asian neighbours, where the ruins of constitutionalism litter the legal landscape.Reportedly The judge noted, "a huge scam was seen by everyone where there was none. Some people created a scam by artfully arranging a few selected facts and exaggerating things beyond recognition to astronomical levels.” The prosecution reportedly failed to prove any of the main allegations against the 20 accused: that ex-telecom minister A Raja favoured Unitech and Swan Telecom; that the cut-off was changed to favour these two companies; that the first come first served (FCFS) policy was subverted; that the entry fee was deliberately charged at low 2003 rates to benefit particular companies; and that a Rs 200 crore bribe was paid to Kalaignar TV. The judgment found no evidence of criminal intent; assuming the FCFS policy not to be the best does not make it criminal