A bad judgment delivered by the 2G Special Court, totally ignoring the findings of the Supreme Court!

A bad judgment from 2G Special Court comes as a surprise to everyone

A bad judgment from 2G Special Court comes as a surprise to everyone
A bad judgment from 2G Special Court comes as a surprise to everyone

You can have errors in a judgment based on mistakes. But what if the judgment itself is a huge mistake? Judge OP Saini’s judgment in the 2G scam, acquitting all the accused in what can be called as India’s biggest loot, appears to be so! The 1500 more page judgment simply accuses the Prosecution and Investigators on each and every point, completely forgetting the fact that this evidence was vetted by the Supreme Court’s (SC) 2G Scam Monitoring Bench! In what can only be termed as an act of wonder, the trial court’s Judgment was 180 degrees opposite to that of the Supreme Court’s 2012 landmark judgment detailing all the violations in the 2G Scam and cancelling all the 122 telecom licenses. The SC Judgment clearly says that the main accused, the then Telecom Minister A. Raja acted in a dishonest way.

The material produced before the Court shows that the Minister (Raja) wanted to favor some companies at the cost of public exchequer,” said the Judgment delivered by Supreme Court Justices GS Singhvi and AK Ganguly.

It must be borne in mind that the SC judgment was further ratified in a Presidential Reference! The apex court indicted the first accused Raja and the trial court judge OP Saini says that there is no evidence! Huh? Are we talking about the same case here?

“The exercise under taken under the leadership of the Minister (A. Raja) was wholly arbitrary, capricious and contrary to public interest apart from being violative of the doctrine of the equality…..

“The material produced before the Court shows that the Minister (Raja) wanted to favor some companies at the cost of public exchequer,” said the Judgment delivered by Supreme Court Justices GS Singhvi and AK Ganguly. How can a trial judge’s verdict simply say that the evidence provided was not enough and sufficient? How can a set of documents convince the Supreme Court but not a trial court?

The apex court judgment went on: “Arbitrary action of the Minister (Raja) though appears to be innocuous was actually intended to benefit some of the real estate companies who did not have any experience in the dealing with the telecom services.” This trial court judgment is a black chapter in the history of the judgments in the judiciary. This judgment shows how crony capitalism and corrupt lobbies survive.

This is another portion from the Supreme Court Judgment which ensured the auction of all natural resources. “The manner in which the exercise for grant of LOI(Letter of Intent) to the applicants was conducted on January 10, 2008, leaves no room for doubt that everything was stage managed to favour those who were able to know in advance change in the implementation of the first-come-first-served principle.” If the Apex court is convinced of fraud, how can the trial court disagree? This was a bad judgment, a sick judgment, and a dubious judgment and should be criticized in the strongest words.

The Central Bureau of Investigation (CBI), the Enforcement Directorate(ED) and Special Public Prosecutor (SPP) Anand Grover already declared that they will be appealing against the “bad” 2G verdict. The ED has rightly termed the judgment is “erroneous”.

The main petitioners Subramanian Swamy and Prashant Bhushan lashed out against the judgment pronounced by trial court Judge OP Saini. Swamy said that Prime Minister Narendra Modi should on a war footing devise strategies to fight against the probe and prosecution of corruption. He said that this not a setback and just an aberration and that the Government must immediately appeal, alleging internal sabotage. Swamy also said that the appointment of 2G accused advocates Mukul Rohatgi and Ranjit Kumar as Attorney General and Solicitor General respectively gave the wrong messages.

In a Press Conference convened after the judgment[1], Swamy said that many honest officers like ED’s Investigating Officer Rajeshwar Singh were still being hunted by many Chidambaram friendly personnel in the Finance Ministry headed by Arun Jaitley. The BJP leader said that the PM’s recent visit to DMK Chief Karunanidhi’s home was not right. Swamy also said that the PM should constitute a War-Council like group to deal with corruption cases.

On his part, Prashant Bhushan said that the 2G verdict of the trial court was “totally wrong, shameful and shocking”.

[1] Swamy Press Conference after 2G verdictDec 21, 2017, PGurus.com

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  1. Can somebody enlighten me on this? Why did the honble judge saini take 9 months to deliver this poor quality judgement. The arguments were over in April 2017 and judgement delivered in Dec 2017.

  2. Arun Jaitely is the weakest link in Modi govt. This sub-Inspector Judge Saini is a paid Judge & he should be immediately divested of all the posts. Govt & public were warned sufficiently by Mr. Swamy. Think & doubt Modi now that if he is really interested in the justice system in the country.

  3. Jaitley should not have been there in the cabinet in the 1st place. Better late than never, should be removed atleast now. As long as he is in cabinet, Chidambaram, Sonia, Vadra, Marans can feel 100% secure. They will never be convicted.

  4. gujrath does not seen cong as an alternative to BJp. so they voted for BJp. it is sure that they are not happy with bjp. but if cong comes power that would be a disaster for the country. so they had no option. thats why BJp had a narrow escape. but over all working of bjp made its supporters really disappointed. i still dont understand why the poor performing arun jaitly holds such a inportant portfolio even failure after failure.if PM do not think serously something bad coming to BJP. this is the limit bjp. wake up!!

  5. Hmm ….very true..
    When Marans were acquitted, it was a shock…n now shock after shock…
    Modi ji should be stern in removing Arun Jaitley…
    (GST implementation and demo – though I support such surgeries needed for a good government , equally they should have been strong on others who are punished or charged for corruptions)…
    Arun Jaitley is definitely be working for the Congress I feel….after all his workings….

  6. N Thangadurai

    Very Bad move by Mr.Modi.. will have lots of repercussions in 2019 election…Ppl will think twice b4 voting for BJP .

  7. If Arun Jaitley still continues in the cabinet, it will become evident that Modi too is a collaborator in this Judicial Murder.

    O.P. Saini the CBI Judge should be relieved of all Judicial work & a thorough investigation in to his performance as a Judge should be conducted. This is the same Judge who (1) gave clean to Chidambaram (2) acquitted the Marans in the Aircel Maxis.

    I have no wince in holding Arun Jaitley responsible for this Judicial murder Right from the beginning Jaitley has been acting as SONIA’S CRONY rather than a CABINET MINISTER in the NDA Government.

    It is highly improbable Modi does not understand Jaitley’s dubious activities to protect Sonia & Chidambaram.

    What was the real intention behind Modi’s uncharacteristic visit to Karuna?

    The crook Jaitley too visited the convict Jaya to meet her at her home – a few weeks after which she was absolved of all the DA charges.


  8. This Judgment is a Sham.!!!. It has delivered a body blow to the rule of law principle and a fraud on the people of this country. The NDA government must take full responsibility for conducting this investigating in such a poor manner. The CBI is just an incompetent organisation when it comes to dealing with politicians and businessmen. Their valour is shown only with lowly bank officers or lowly govt officials. Such an incompetent investigation agency. This judgement will have far reaching implications for the NDA. The whole premise on which the NDA was voted to power is now shaken and the campaign which goes on against NDA will now pick up and snow ball and threaten the BJP at the next hustings. PM must take the blame . Mr Subramanian Swamy has been continuously cautioning the GOVT on the slow progress and snail paced investigations. A VERY SAD DAY.


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