VERDICT AND AFTER
It is not my case that Corruption should not be faught and eradicated and those indulging in should be awarded exemplary punishment. But the judgment reinforces my suspicion of the serious caste bias in our judiciary. When Jayalalitha was charged with misusing her official position of CM and bid for Government land at low prices, the process took a fairly long time and ultimately when it reached the highest court of the land, the learned judges almost exonerated her- asking her to do penance- not even awarding a token punishment. Her Disproprionate asset case lingers on for more than 11 years and attempts are being made to delay till thepresent judge retires and another judge takes over so that the case could be diluted. This after SC ordered daily hearings in the case and expeditious disposal. Contrast this with that of Disproportionate asset case of Mayawati, SC has been stringent in its comments and Centre periodically threatens her with CBI. Becasue Mayawati and Laxman are Dalits, it is easier to intimidate them and award disproportionate sentences
Even in the 2G case, not until Bhushan duo gave an interview to Tehelka calling almost every past incumbent of CJI post corrupt, SC woke up from slumber, In this case also Swan telecom was declared to be front company for Reliance by CAG and yet CBI chose to arrest petty officials of the Company leaving the perpetrator Anil Ambani free. In the Radiaa tape controversy, N.K.Singh an ex-bureaucrat who flaunted his proximity to power centres to a TV anchor for having recommended tax concessions retrospectively to RIL running in to Rs. 800 billions was not investigated and no efforts were madeto find if such concessions were indeed given. This gentleman keeps on appearing in TV shows. But the behind the scenes activities to get Raja the Telecom portfoilo was used to nail him.
SC was hearing a batch of writ petitions ranging from that of SubramanianSwamy to some ex bureacrats and police officers on the allocation of 2G spectrum and both the judges were giving running commentaries . The judgment was a foregone conclusion. They had condemened the accused before hearing him. The matter under litigation was the policy of FCFS and the alleged misuse of official position by Raja is subject matter of litigation in a trial court. Yet the learned judges were scathing in their criticism of Raja who filed a just review petition asking the court to give him an opportunity to defend him. The Court dismissed his application citing that the judgment has asked the trial court to conduct the case without being influenced by the remarks that they had made. Which Judge on earth will dare to do it? .The judges said that FCFS as a policy was flawed and non transparent but chose not to cancel earlier allotments under this policy as that was not the prayer. but they took suomoto cognizance of Raja's alleged complicity from another on going trial. Justice Saini while dismissing Kanimozhi's bail plea observed that they were white collar crimes. How fair it is to comment on the alleged crime even before arguments are heard and judgments delivered?
Judges enjoy immunity only because they are expected to be impartial and take a balanced view of any litigation. But there is an increasing tendency among judges to play to the gallery
This judgment should have taken in to account the position of Laxman in the party and the then NDA Government. He was Party President not because he is a crowd puller or had the backing of party stalwarts. Like Venkaiah Naidu before him, he was President of the party to dispel public notion that BJP is a party of Brahmins and Banias. He could never have influenced decision making either at party level and much less at Government level headed by Atal Behari Vajpayee. There was no deal whatsoever and infact the Media team should have been warned for having conducted a sting operation. According whistleblower status to such tamasha is nothing a betrayal of democracy.
How come other politicians , with so much of corruption charges and alleged nexus with underworld are still in ministerial positions while lesser mortals like Raja and Laxman are languishing in Jails? It is a classic example of deep rooted prejudices in our societies which even thousand Ambedkars could possibly not wipe off.
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