We all know that murder is illegal. Let us assume that a murder case goes on trial. It is quite possible that the accused are acquitted for lack of proof.
Now let us come to the 2G case. The Supreme Court has said without mincing words the allocation of spectrum to 122 bidders is illegal. The reason given is simple. Several others were ignored when the cut-off date was arbitrarily changed from 01 Oct 2007 to 25 Sep 2007. The trial court cannot overrule the verdict of the Supreme Court and say that the allocation is perfectly legal. An illegal act had indeed been committed. Who committed the act? Even as per the trial court that the decision taken was collective with the final approving authority being the minister. Thus, the court is in full knowledge of who had committed the illegal act. Since this collective decision is illegal, all persons who were involved in taking the decision deserves to be punished.
The reason for the collective decision is found in the enforcement directorate’s case. It is crystal clear that money was given to Kalaignar TV for certain consideration. Even a cursory look at the case shows that the consideration was allocation of spectrum. But the trial court did not even go into the merits of the case on the fancy logic that since the accused were acquitted there could be no proceeds of crime. If the judge had decided on this case first and come to the conclusion that the money was given indeed for a consideration, he would then have found the real cause of the illegal decision taken in the other case.
I will be a very surprised man if these judgements do not attract strictures from the higher courts. But Indian courts are full of surprises.
Now let us come to the 2G case. The Supreme Court has said without mincing words the allocation of spectrum to 122 bidders is illegal. The reason given is simple. Several others were ignored when the cut-off date was arbitrarily changed from 01 Oct 2007 to 25 Sep 2007. The trial court cannot overrule the verdict of the Supreme Court and say that the allocation is perfectly legal. An illegal act had indeed been committed. Who committed the act? Even as per the trial court that the decision taken was collective with the final approving authority being the minister. Thus, the court is in full knowledge of who had committed the illegal act. Since this collective decision is illegal, all persons who were involved in taking the decision deserves to be punished.
The reason for the collective decision is found in the enforcement directorate’s case. It is crystal clear that money was given to Kalaignar TV for certain consideration. Even a cursory look at the case shows that the consideration was allocation of spectrum. But the trial court did not even go into the merits of the case on the fancy logic that since the accused were acquitted there could be no proceeds of crime. If the judge had decided on this case first and come to the conclusion that the money was given indeed for a consideration, he would then have found the real cause of the illegal decision taken in the other case.
I will be a very surprised man if these judgements do not attract strictures from the higher courts. But Indian courts are full of surprises.
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