Swamy to PM Modi: Delay in prosecution of high-profile corruption cases hurting party’s image
Citing huge delays in the prosecution of high-profile corruption cases, BJP leader Subramanian Swamy urged Prime Minister to form an inter-departmental monitoring mechanism consisting of all agency heads and prosecutors to speed up the long-pending cases in courts. In a detailed letter to Narendra Modi, the BJP leader said that many cases like 2G Scam appeal, National Herald, Aircel-Maxis, INX-Media bribery cases are so delayed and prosecution proceedings are so lethargic and delayed.
“There is, without doubt, an inordinate and inexplicable delay in the prosecution of many corruption cases by the government, which corruption had happened during the UPA tenure at the Centre. Be it 2G Scam appeal pending in Delhi High Court, the prosecution in the pending trial of those out on bail viz., Mr. P Chidambaram involving his and his son’s bribery in Aircel-Maxis and INX Media bribery cases, or cases against Sonia Gandhi and Rahul Gandhi [who are also out on Bail in the National Herald misappropriation case], such as Income Tax evasion on Rs.450 crores obtained by cheating in the National Herald case, and cases of eviction and seizing of Herald House by Young Indian Pvt Ltd company owned by these two accused held up in Supreme Court.”
Why Government’s legal team headed by Solicitor General Tushar Mehta who appears personally in all these listed cases not taking the initiative to speed up the cases,” blamed Swamy.
“In the past seven years, there is has yet been no finality or conviction in these cases, which is clearly due to the induced lack of enthusiasm of the prosecutors led by the Solicitor General and other Advocates of the government as also the concerned agencies like CBI, Income Tax, and ED. After the adverse judgment in the 2G Spectrum Scam case in the Trial court, CBI and ED’s appeal in Delhi High Court has been pending since March 2018. Solicitor General Tushar Mehta is the Special Public Prosecutor of this case. For more than three years, the 2G Spectrum Scam case appeal has not yet crossed even the Grant of Appeal stage,” said Swamy accusing Solicitor General Tushar Mehta, who has not yet appeared in Court during the 2G Scam appeal.
“The Aircel-Maxis case involving Chidambaram father and son is much delayed. The CBI and ED have not yet provided the final details of the money trail from Singapore and London. Many times the Trial Court Judge has warned the agencies to complete providing the details. In this case, the charge sheet was filed by the agencies in mid-2018. But delays in starting the trial are claimed as due to waiting for documents from non-cooperating countries. This cannot be a credible excuse. These excuses cause the delay unless it can be shown which document is specifically essential.
“Similar delays in prosecution is taken place in INX Media bribery case where in fact the bribe-giver has turned an approver…Unnecessary delays have taken place. CBI recently objected to the accused Chidambaram’s demand for inspection of documents. Which was wrong. So the Court decided in favour of the accused and allowed inspection. The CBI however went for appeal in Delhi High Court, while led to a grant of Stay on Trial Court proceeding with the case for a long period. Recently, Delhi High Court has reserved judgment on CBI’s appeal and but also ordered the resumption of the trial while reminding the CBI of many landmark judgments on the accused right to access the seized documents. The prosecution made a big mistake in basic and elementary law and thus created a delay in the trial,” said Swamy blaming the Prosecution for not caring about cases properly.
“Same is the situation in Black money cases against Robert Vadra. Also, the Finance Ministry and Indian Overseas Bank (IOB) have not given a sanction for prosecution to CBI against Bank officers accused in the land grabbing case involving Chidambaram’s wife Nalini. CBI has informed of this fact to Delhi High Court in September 2020. This clearly indicates that many in the Finance Ministry are trying to save Chidambaram by not granting sanctions for prosecution against co-accused officers. The same has happened in Aircel-Maxis and INX Media cases also. Still, many co-accused officers are not suspended even after the government giving sanctions for prosecution in Aircel-Maxis and INX Media cases. These are the ways to delay and or sabotage the case.
“From November 2019 onwards Income Tax case in National Herald is pending in Supreme Court and not yet listed for past three years. From mid-2019 onwards eviction of Herald House is also pending in Supreme Court. In both cases, Sonia Gandhi and Rahul Gandhi lost in all forums including in Delhi High Court and inordinate delay is happening from the prosecution side in speeding the matter in Supreme Court. Why government’s legal team headed by Solicitor General Tushar Mehta who appears personally in all these listed cases not taking the initiative to speed up the cases,” blamed Swamy.
Subramanian Swamy said that delays in prosecution in high profile cases are hurting our party’s image since our campaign in 2014 onwards in various elections at the national and local levels, had made fighting corruption a key plank of election campaigns.
“I am most respectfully urging you to give immediate directions to the agency heads, legal officers, and prosecutors to sit together if necessary and work in coordination and to monitor the progress of cases at regular intervals. Our government must fix responsibility on agency heads and legal officers in conducting these high profile cases and ensure convictions, which are already much delayed,” said Swamy demanding the creation of an inter-departmental monitoring mechanism in prosecution in high profile cases involving Sonia, Rahul Gandhi, and Chidambaram.
The detailed four-page letter to Subramanian Swamy is published below:
 INX Media case: Can’t allow inspection of seized documents by accused, CBI tells Delhi High Court – Aug 27, 2021, The Hindu
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