CHAPTER 166

166

RETURNING THE GIFTS

On 13 December 2010, a former judge of the Supreme Court formally began to examine the procedure followed to grant telecom licences since 1999.

The above judge had given tacit consent to the act of ‘killing’ FREEDOM of expression during his stint in the Supreme Court. Therefore, he is a tainted judge. None could expect any justice from him.

The Supreme Court may release the so-called Radia tape to see whether the above judge had any link with the underground mole or not. An estimate about his assets also may be taken. For the same reason, the assets of the former Chief Justice of India also may be estimated.

The so-called Radia-tape case came before the Supreme Court Bench Comprising Justice A.K. Ganguly and Justice Singhvi on 13 December 2010.

The court directed the Government to submit - in a sealed cover - the letter sent by someone on 16 November 2008 alleging that the so-called underground mole was indulging in anti-constitutional activities. The court did not disclose the date of the next hearing.

Unlike in the previous hearing, the media reported the judges in the Bench. A brief report of the arguments also could be seen in one or two newspapers. This must be due to the intervention of the court in response to the last mail.

Now, it is clear that the President of India rejected the request of this writer to hand over the above case to a Bench comprising unattached judges.

In this connection, the request of the present writer may be viewed in the proper perspective.

The above case is the most important case of the Supreme Court. The future of the nation depends on this case.

The Government of India has been executing the illegal orders of an underground mole – euphemistically called lobbyist - for the last 100 years. This mole has become so mighty that it could earn about $18 billion to one of its clients simply by killing one news item. Naturally, by ‘killing’ the news about the existence of this work, it has earned about $500 billion to $1trillion to its clients since June 2001. The nation is poorer to this extent.

This underground mole has planted several moles all over India. Alternatively, several moles are running this business in tandem. An example is given below.

It is well known that several TV channels in India telecast discourses on “Bhagavad – Gita”. The public sector Malayalam TV channel also had been telecasting a serial during 2008.

On noticing the close similarity between this work and the above discourse, the present writer sent a chapter from this work to that resource person. On receipt of this, he said that anyone could strive to give a better interpretation.

On the next recording, he might have mentioned the name of the present writer. The public sector TV channel might have asked him to avoid this. He would not have obliged. So the discourse was abruptly stopped at the half way mark. Whose hand is this? It was the crucial question. Anyhow, the present writer could discern the hand of an underground mole in this. This work acquired a better shape without his discourse is a different matter.

Evidently, two judges of the Supreme Court cannot harness this great force. The Bench hearing this case must have great prestige. Therefore, this case must be heard –at least- by a five-judge Bench.

A five – judge Bench alone would have picked up courage to hear the case on a day – to - day basis. It would not have given more than 48 hours to the Government to submit a letter. It would have even arranged live telecast of the hearing.

Now, the present Bench has no courage to mention the date of the next hearing. Tomorrow, the Bench might even allow the petitioner to withdraw the case. Then the people may not get another chance to know the nature of the underground moles.

Further, now the above two judges are hearing the 2G spectrum case. This case demands great talent to tackle. It is not humanly possible to think about the various facets of two very important complex cases simultaneously. Therefore, they must share their workload with other judges.

The reason why this case must be heard by the unattached judges also must be recognized.

The judges hearing such cases must have the courage to claim certain well marked characteristics. The real nature of the judges is not known. The method of selection is also not known to the people. The people know that many judges own the shares of private companies and some others do not possess any shares.

The people cannot demand justice from the judges possessing shares because they cannot command a judge to kill himself.

Therefore, the judges hearing such cases must come forward to return the gifts they received from the companies, demons and demigods. At least they must sell the shares in their hands and take a pledge to remain under the territories of the Constitution of India. Then only the Constitution would create justice.

A leader of the Communist Party of India (M) said that many Union Ministers were industrialist. He added that many industrialists were clients of the rest.

In this connection, it must be noted that the Left parties were shouting slogans against higher vegetables prices two years ago only at the instance of the underground mole. In fact, the Left parties are the real moles of the underground mole.

At a seminar, Mr. Zhaug Yan, the Chinese Ambassador to India, on 13 December 2010 termed the Indo-China ties as a “very fragile, easy to be damaged and difficult to repair” one. Foreign Secretary of India mentioned the “noisy nature of the Indian democracy in which contrary opinions were freely expressed”. It must be noted that none other than the present writer expressed any contrary opinion.

The Chief Justice of India on 14 December 2010 requested the courts to take speedy action over corruption cases.

Addressing a meeting of the officers of the Public Sector Undertakings (PSUs), the Prime Minister of India said that the Government was committed to the strengthening of the PSUs. His statement perplexed the participants.

In this connection, it must be stated that the Prime Minister would not only restore all privatized PSUs but also would attach the assets of the companies tainted by the so-called Radia tapes and the 2G spectrum scandal. He would even implement the suggestions of the present writer in Chapter -1 to prevent corruption. The only condition is that he must be allowed to continue as the Prime Minister of India.

The 2G spectrum case came before the Supreme Court Bench comprising Justice A.K. Ganguly and Justice Singhvi on 16 December 2010.

The above Bench directed the Central Bureau of Investigation (CBI) and the other agencies to investigate the case in a concerted way. The court asked the CBI to give emphasis to the loss caused to the public exchequer. The court wanted the CBI to file First Information Report (FIR) –without influenced by the rank or position of any one.

Above all, the Bench decided to monitor the case. It is a highly positive decision taken for the welfare of all. This must promote the dignity of the Supreme Court. However, a man in a village said that there need be a court called Supreme Court!

A combination of the observations of the learned judges of the Supreme Court in the last two sittings shows that the CBI would have to question all Union Ministers and the Cabinet Secretary to know the role played by them in the Union Cabinet. This is because of the constitutional requirement that any Union Cabinet Minister could be booked under the Prevention of Corruption Act, only if he had pursued or implemented any policy without the knowledge of the Prime Minister; and therefore the Union Cabinet. The Prime Minister and the Union Ministers are a part of the Union Cabinet only. A part, in this matter, cannot represent the whole. Even the Prime Minister and the Group of Ministers cannot bypass the Union Cabinet.

Therefore, the Union Cabinet must resign to facilitate an impartial investigation. The Union Cabinet shall not wait for the CBI to file a FIR.

The Government had taken a decision –Chapter -73- not to give bank funds to the private parties to buy public assets. But the Government had been arranging loans to their favoured men thereby giving a deadly blow to the equality present in the Constitution of India.

Now, the above Bench might have drawn inspiration from the 11 January 2007 nine - judge Bench judgment of the Supreme Court mentioned Chapter-76. This judgment, for all practical purposes, annulled the BALCO judgment. Even otherwise, the act of arranging loans by the Union Ministers vitiates the fundamental rights of the people.

Though late, the Supreme Court has realized the gravity of the ‘wholesale butchery’ mentioned in Chapter -74.

Apparently frightened by the composition of the Bench, the CEO of the public sector TV withdrew his appeal in the Supreme Court. The case came before a Bench comprising Justice Raveendran and Justice A.K. Patnaik- two unattached judges.

A Union Minister on 15 December 2010 said that the activities of underground moles –called lobbyists- would be legalized in India. He said that the lobbyists are common in the USA. An underground mole arranged a Tamil newspaper to publish his words.

When lobbying is legalized, any Union Minister could receive commission or give commission to the moles. The amount of commission would be proportionate to his influence. The rates would be as given below.

*Selling a PSU = 30 % in cash or 50 per cent in shares.

* Selling the shares of PSUs = 15 % in cash

*Buying the shares of private companies using public money = 20% in cash.

*Allotment of land to a private company = 30% in cash or 1% to 30% shares of the company.

* Awarding contract works = 15% in cash or when the contractor gets the bill.

* Importing arms and others = 10 % in cash.

* Awarding mining sites = 10% in cash or 5% in shares.

* For the concessions in the Union Budget =30% in cash immediately or after one or two years.

The above law will obviate the necessity for illegal transactions. Flight of capital also could be controlled. The Department of Anti-corruption and the courts could concentrate on catching the employees receiving “marked” currencies as bribe.

The percentages mentioned above are normal amounts only.

In contrast, when the spectrum was allotted in 2001, the beneficiaries got a net profit of about $ 100 billion to $200 billion in the last nine years. The Government got about $0.5 billion only. Even a Union Minister responsible for getting a cricket franchise could receive 25 % shares.

The Union Minister for Finance said that he would take up teaching after retiring from politics. No public sector bank would have illegally given money in the order of, say, $1 billion without his order. Therefore, the CBI might not give him a chance to work as a teacher.

The President of China, Mr. Wen Jiabao, came to India and paid homage to the greatest mole of the underground mole. He signed 50 trade pacts for $15 billion. India said that the bilateral trade with China would reach $100 billion by 2015. There was no discussion about the naval bases around India. The Prime Minister of China wanted the media in India to promote Indo-China friendship.

In this connection, it must be noted that the media in India did not tell anything against China or against any agreement. The present writer alone pointed out a few problems of India.

As a result of the above pacts, many industries in India, including the generator factories, would perish. Unless otherwise prevented, the trade deficit would reach $200 billion by 2015. In order to embrace China, Indian naval bases would be handed over to the Chinese forces to maintain peace in the Indian Ocean.

The Foreign Secretary on 18 December 2010 gave an interview to a TV channel of a mole. Her talk had an odour of a mole.

A former Union Minister for Communication on 18 December 2010 said that the NDA Government had followed ‘first come first served norm’ in letter and spirit. According to him, an asset worth $100 billion could be given for $1 billion, if the norms were followed in letter and spirit. He talks like this because the CBI did not take any action when he contacted a bank as given in Chapter-51.

It is said that a man enjoying gifts - without returning them to the donor - is certainly a thief.

The facts from 13 December 2010 to 18 December 2010 are being submitted to Her Excellency the President of India on 19 December 2010.

V.SABARIMUTHU