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Time for PM to sanction prosecution of Ms. Sonia Gandhi- S. Gurumurthy

An ominous sign for government

By S Gurumurthy
31 Jan 2012 11:31:00 PM IST

Here is a telling contrast in fighting corruption. The nation has seen in the last couple of years two distinct endeavours to fight corruption. One is the fight for a new anti-corruption law with the blessings of even the suspects. And the other is identifying the suspects and fighting them under existing laws. Anna Hazare and his team have launched an agitation for an anti-corruption law — the Lokpal Bill — without which, they told the nation, corruption could not be fought or contained. In their enterprise against corruption they first appealed to Sonia Gandhi for her support to fight corruption! And she also wrote to Anna offering her support! Subramanian Swamy, on the other hand, took the view that corruption could well be fought under the existing anti-corruption law provided the corrupt are targeted directly. First, he filed an application with the prime minister for prosecuting A Raja for his role in the 2G scam. Next he applied to the prime minister for sanction to prosecute Sonia Gandhi, whose support Anna had sought to stop corruption. Swamy, a seasoned politician and accomplished intellectual, knew that without the visible picture of the corrupt, corruption is a theoretical issue — a point which the apolitical Anna and team had missed.

How Subramanian Swamy has cornered the UPA finally is not a complex story. The 2G licence issue had all the trappings of an open air theatre scam from the day the licences were fraudulently issued, namely, on January 10, 2008. When the government was covering up the 2G issue, everyone was merely wondering how to fix the government. But Swamy acted. He filed an application on November 24, 2008, with Prime Minister Manmohan Singh for permission to prosecute A Raja who had issued the 2G licences. At that time Raja was a powerful minister in the ministry of UPA-I, being from the DMK that was dominant in the alliance. The anti-corruption law mandates that no court can look at a complaint against a public servant “except with the previous sanction” of the authority competent to remove the public servant from office. Since Raja was a minister, who could be removed by the PM, Swamy approached the PM for the sanction.

The likes of Sibals and Chidambarams were perhaps laughing at Swamy. But Swamy persisted. He kept on writing letters to the prime minister reminding him about his application. He ceaselessly kept talking about it in public and through the media. But the prime minister, as he is sworn to in most matters, kept silent. The silence of the PM had made the government and the ruling party happy. But Swamy moved the Delhi High Court for a direction to the PM to take a decision on his plea. The high court dismissed Swamy’s petition. The ruling government and party were in ecstasy. But, undeterred, Swamy moved the Supreme Court. The PM had written to Swamy on March 10, 2010, that Swamy’s plea for prosecuting Raja was premature as the CBI was investigating the matter — a response authored by amateur legalism. After having trivialised Swamy thus, on April 26, 2010, the PM told the media — which asked him whether Raja’s statement that he had the approval of the PM to do what he did — that Raja had consulted him before issuing the licences. That what the PM had accepted as consultation, Raja has asserted as permission.

Swamy also complained to the Supreme Court about the inordinate delay by the PM in deciding the matter. Meanwhile, the 2G issue had exploded on the face of the government with the report of the Comptroller and Auditor General (CAG) of India saying that the loss to the government was, on the lower side, some `69,000 crore and could be as high as `1,75,000 crore. The Supreme Court, seeing the government prevaricating at all levels, began monitoring the CBI investigation of the scam. The petition by Swamy too became part of the 2G scam litigation in the Supreme Court. The CBI did file charge-sheets in some cases of scam, including Raja as an accused in all except one. But Swamy’s plea to the PM to prosecute Raja and the PM’s inaction on it survived for consideration by the Supreme Court. The apex court did go deep into the matter, called for the records of the PMO and asked for an explanation from the PMO for the delay. By now, the ruling party and the government stopped laughing at Swamy. It became the turn of Swamy to laugh at them. It is the plea of Swamy to the PM to allow him to prosecute Raja which has been decided by the Supreme Court on January 31, 2012, in a landmark judgment.

First, the court has set aside the judgment of the Delhi High Court that had refused to direct the PM to decide on Swamy’s plea. Second, it has ruled that it is the constitutional right of a citizen to move to prosecute any public servant. Third, the authority to whom the application is made for permission to prosecute should take a decision within three months and if, within four months, no decision is taken, the permission shall be deemed to be granted. The import of the Supreme Court judgment is evident. The court has clearly indicted Prime Minister Manmohan Singh for delaying the decision on Swamy’s plea. It has also directed him to decide on Swamy’s plea in 90 days. The court has also said that Parliament should lay down the guidelines for 2G prosecution. Finally, the court has said that for ordering inquiries into corruption against any public servant, criminal courts do not need sanction.

It may appear at the first sight that the judgment is against Raja and the PM. But, in substance, it is just an ant-bite on Raja and an embarrassment for the PM. Raja, already charge-sheeted, is in jail. The PM will have no difficulty in allowing one more complaint — that of Swamy — against Raja. But the real danger lies in the other application by Swamy — for permission to prosecute Sonia Gandhi — which the PM has labelled as “premature” and ducked. Under the anti-corruption law, the PM can sack Sonia, the chairperson of National Advisory Council, even though he himself may be removed by her. Swamy can now ask the PM whether the complaint has matured. He can also move the criminal court for inquiry against Sonia Gandhi for which, the Supreme Court has ruled, no sanction is needed. Swamy’s statement that he “can bypass Vadra and go straight to Sonia” is ominous. The Congress cannot laugh at him now.

(Views expressed in the column are the author’s own)
S Gurumurthy is a well-known commentator on political and economic issues.
E-mail: comment@gurumurthy.net

Sonia Gandhi’s Profile on Lok Sabha web page

Following profile of Sonia Gandhi does nto clarify, if she attended college or even passed high school.

She has not mentioned her nationality, profession or permanent address.
Detailed Profile: Smt. Sonia Gandhi on Lok Sabha web page of GOI –

Name    Smt. Sonia Gandhi
Constituency from which I am elected    Rae Bareli
Father’s Name   Late Mr. Stefano Maino
Mother’s Name   Mrs. Paola Predebon
Date of Birth   12/9/1946
Birth Place     Lusiana, Vicenza, (Italy)
Maritial Status Widow
Date of Marriage        2/25/1968
Spouse Name     Late Shri Rajiv Gandhi
No. of Children No.of Sons:1       No.of Daughters:1
State Name      Uttar Pradesh
Party Name      Indian National Congress
Permanent Address
Present Address 10, Janpath,New Delhi – 110 011Tels. (011) 23014161,
23012656
Email id        soniagan@sansad.nic.in
Educational Qualifications      (i) Three years course in foreign languages
(English & French) completed in 1964 at Istituto Santa Teresa, Turin,
Italy (ii) Certificate in English from Lennox Cook School, Cambridge,
U.K. completed in 1965
Profession
Positions Held
3/1/1998        President, Indian National Congress
3/2/1998        Chairperson, Congress (I) Parliamentary Party (CPP)
1/1/1999        Elected to 13th Lok Sabha
1/2/1999        Leader of Opposition, Lok Sabha
1/3/1999        Member, General Purposes Committee
5/14/2004       Re-elected to 14th Lok Sabha ( 2nd term)
6/5/2004        Chairperson, United Progressive Alliance
6/6/2004        Chairperson, National Advisory Council
1/1/2007        Resigned from 14th Lok Sabha
2/2/2007        Re-elected in a bye-election
1/1/2009        Re-elected to 15th Lok Sabha (3rd term)
1/1/2010        Appointed Chairperson of the (re-constituted), National
Advisory Council
Special Interests       Protection of the environment; Indian handlooms,
handicrafts, Indian classical and tribal art & music; conservation of
oil painting.
Favourite Pastimes and Recreation       Reading and gardening
Countries Visited       Widely travelled
Other Information       Chairperson, (i) Rajiv Gandhi Foundation,

(ii) Indira Gandhi Memorial Trust;

(iii) Jawaharlal Nehru Memorial Fund;
President, (i) Swaraj Bhavan Trust;

(ii) Kamla Nehru Memorial Hospital Society;

Trustee, Jalianwala Bagh National Memorial Trust;

Member, Nehru Memorial Museum and Library.
Source: Lok Sabha

http://india.gov.in/govt/loksabhampbiodata.php?mpcode=130

UPA needs to drop arrogance and get real

The Sunday Standard (Indian Express Group)
Last Updated : 13 Jun 2011 11:21:42 AM IST

Offence is not always the best defence. Delhi’s ruling establishment is learning it the hard way. For the past few weeks, the UPA, the Congress and its megaphones have gone cacophonic with questions over the colour of the movements led by Anna Hazare and Ramdev against black money and corruption.

The reaction of the Government and the party to civil society’s champions defies not only logic but also consistency. They decided to defame and deride the same leaders whom they treated like manna from heaven until last week. Both Sonia Gandhi and Prime Minister Manmohan Singh had written personal letters to both the reformers, praising them for their relentless drive against the same cause to which, both claimed, the Congress is equally committed. Over a dozen ministers were deputed to plead and pray together with Baba and Anna. No doubt, Manmohan Singh and Sonia later put together a very effective team comprising spin doctors, legal eagles, filibusters and sagacious leaders to deal and tame the rising revolt against the establishment. The team led by Finance Minister Pranab Mukherjee was expected to rein in both the crusaders by dialogue, debate and database.

They were also under instructions that if they failed in their endeavour, they should not spare any page in the rulebook to derail and demoralise the civil society groups through the use and misuse of the ever-ready investigative agencies. As the public outcry against the system acquires monumental proportions, the Government has devised a dangerous mechanism of dealing with dissent in a democracy. The message is clear: Join Us or Perish.

Once Anna and Baba refused to fall in line, the ruling establishment dubbed them as communal, corrupt, thugs and agents of unknown enemies of the state. But the Government fell into yet another trap for which they weren’t ready. Those who oppose both Anna and Baba chose to ask some questions like:

● Who were the donors who provided huge funds to both these campaigners?

● How are they spending their money?

● Why don’t civil society leaders declare their assets to the public?

● Are civil society leaders divided on many issues?

● How can a few selected people be allowed to dictate the nation’s agenda?

● Why do they want a live telecast of the proceedings of the panel on the Lokpal Bill?

● Why have they taken the support of organisations like the RSS and other allegedly communal organisations?

Interestingly, none of these issues were raised by any of the senior ministers who spent over 50 hours with Anna and Ramdev at the cost of government functioning, pleading for the agitation to be called off. As the Government and opinion-makers it sponsors mounted a tirade against Anna and Ramdev, they received an equally powerful rebuttal to each of the doubts raised about their motives. Team Anna turned the tables on the Government by putting out the assets of each key team member on their website.

Anna also ensured his website was brought to date by uploading the names of the movement’s donors, money spent on each rally, travel and so on and so forth. An earlier attempt to tar the image of Shanti Bhushan and his son by circulating a fake CD fell flat when two contradictory reports were handed over about the veracity of the discs. The Delhi Police have conveniently chosen to forget all about the case. Some prominent Government leaders issued veiled threats, promising reprisals against those who were part of the civil society movements. In Baba’s case, the threats were implemented; the Government selectively leaked reports on his business empire. It also sent out clear signals to all its departments to dig deep into the yoga guru’s past and present to try sabotage his future.

If the Government’s moves were aimed at silencing and demoralising both Baba and Anna, it failed miserably. Instead, it only brought them together.

Allegations of a division among civil society ranks were exposed by a massive protest fast at Rajghat by Anna and his team. They argue that when Parliament proceedings are telecast live, what is the problem with doing the same with the Lokpal Bill meetings? Civil society leaders were particularly upset with the way the Government treated Baba. Questions posed by the establishment were answered to with more inconvenient questions to the Congress and the Government. The most devastating question was on the legitimacy of the National Advisory Council led by Sonia. If, as the Government points out, unelected leaders like Anna and Baba are forcing it to set the tone for legislative business, then why is the NAC, with unknown members, being allowed to summon government files and officials for a brief on every law that the Government proposes to enact? The prime minister and all political parties are under pressure now to force ministers and leaders to declare assets on regular basis. Now, the public will ask the leaders to declare how much money was spent on each rally and also the names of donors who contributed towards these political shows.

Even the Election Commission that has failed to take any serious action against political parties for not filling their annual returns correctly will have to pull its socks. No political party has ever given out the names of those who give them money to run their political establishments and fight the elections.

According to credible estimates, over Rs 80,000 crore is spent by parties every five years on contesting polls and meeting their running costs. Most leaders now travel only by chartered planes.

It is now time to come down to earth. If the Government continues with its strong-arm tactics, it should be ready to confront a tsunami. After all, arrogance does bring agony.

– prabhuchawla@newindianexpress.com

http://expressbuzz.com/thesundaystandard/upa-needs-to-drop-arrogance-and-get-real/282690.html

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