Swami Ramdev Ji walks away with the cake as the one who has awakened the masses against corrupt classes. Now he has motivated Subramanian Swamy to join the movement against corruption and also head the Action Committee Against Corruption in India. Indeed it augurs well for the nation and common man hopes to live in a country free from shadow of corruption hereafter.
Subramanian Swamy is an economist from Harvard who minces no words in calling a spade a spade. He is the proverbial one-man army and runs a segment of a political party named the Janata Dal as its President. Mr Swamy knows Law of the land backwards and while exposing corrupt practices of the bigwigs of the government or political parties in power in the States(erstwhile provinces), he is quite at home in interacting with the hon’ble judges who constitute the bench. He has patience, perseverance and steadfastness to pursue his aim and reach the goal.
He keeps his LAKSHYA right in front of him and does not deviate. Consequently all his thoughts and action converge on the road to goal and chances of going astray are rare. It does not mean that he has not seen ups and downs in the legal career as an advocate of the Common Cause. Indeed he has. Nevertheless, having read the Bhagwad Geeta and practised the preachings of Yogeshwar Shri Krishna, he has “Equanimity of Mind” that enables him to take the joys and sorrows of life in the normal stride. The litigation that he indulges in is indeed for the common good and all his actions in and out of a court of law are guided by principles and practices of public interest.
PUBLIC INTEREST LITIGATION
Mr Subramanian Swamy, with a razor-sharp mind and eagle-like observation could make out that something was cooking in the Information Technology ministry of the Government of India. The DMK political party always insisted on getting the I&T ministry both in UPA I and UPA II governments and failed not. The extra-ordinary interest of the DMK was there because of the sale of soul, that is the Spectrum in 2G that was likely to fetch a lot of illegal money. Ministers of the DMK , Shri Murasoli Maran initially and later Shri A Raja made so much money in the sale that a major case of corruption lay bare for investigation. THE Spectrum was not auctioned to the highest bidder but sold quietly to cronies and those who greased the palm. Thus a large amount of money that should have been deposited in the State treasury was just quietly pocketed by Ministers belonging to the DMK party. Some illegal money taken from big international firms was given to TV channels owned by the DMK and close members of the family like Ms Kanimozhi, the youngest daughter of the DMK Supremo, Muthu Karunanidhi. It was an open loot of public money by those who were supposed to guard it.
Never before in the history of this country was the State defrauded to such a large extent and the bigwigs in the know of the loot just turned Nelson’s eye to it. Sonia Gandhi, Chairperson UPA, Manmohan Singh, Prime Minister of India, P Chidambaram, Finance Minister and many more just kept quiet lest the boat of the Coalition govt isknocked so wildly that it sinks. To save the govt from a fall, all bigwigs were prepared to drown the country and the nation. When questioned he was so quiet about the issue, PM Manmohan Singh meekly said that he was merely following the Coalition Dharma. He conveniently forgot all about the Rashtra Dharm and the Raj Dharm and let the national economy sink. How disgraceful?
Now steps in Shri Subramanian Swamy. Under the law and the procedure he filed an application before the Prime Minister of India seeking permission to prosecute the ministers and other officials for the Fraud Extra-ordinary. Meek Manmohan Singh sat over the first application for months and went deaf and dumb. He just ignored Subramanian Swamy’s application because he or the govt did not have courage to face the truth. The govt was in the dock because it had taken bribes and did not have the moral courage to face the complainant, a public spirited ex-minister of the NDA govt. The ministers made untenable excuses why no reply was being given.
Subramanian Swamy knocked at the door of the Judiciary to seek justice that he should be heard. The Delhi High Court dismissed his petition saying he had no locus standi. Shri Swamy went in appeal to the Supreme Court saying that his petition was pending with Prime Minister for 18 months and no reply was given at all. The dismissal by Delhi High Court was mala fide because his points in the petition went unanswered.
The Supreme Court of India not only heard the Petitioner but also delivered a comprehensive judgement upholding the fundamental right of a citizen to seek permission of prime Minister to prosecute another minister or a senior govt official. The competent authority must give permission within 4 months otherwise it would be presumed that permission was ipso facto granted. This indeed was a major victory of Subramanian Swamy.
The submission of the petitioner that the govt of India, Ministry of Information and Technology had indulged into corrupt practices, accepted bribes and then granted 122 licenses for Spectrum. Their Lordships found merit in the submission of the petitioner and cancelled all 122 licenses granted by A Raja, the then Union Minister of Technology. Thus the entire Manmohan cabinet was found guilty of corruption by the Supreme Court and its orders were rescinded. The entire Manmohan cabinet was shamed but they chose to ignore it because they were as thick skinned as a buffalo. Disgraceful show indeed..
CHIDAMBARAM IN THE DOCK
Flush with his success in the Supreme Court, Subramanian Swamy chose to mount an attack on P. Chidambaram, Home Minister, for being privy to the decisions and acts or omissions of A Rajah, now in jail on criminal charges. When the case came up for hearing before the Supreme Court, their lordships said that the jurisdiction for making Chidambaram an accused or letting him go off the hook lay with the trial court and not the Supreme Court. The former must decide the case on merit without taking into consideration what their lordships had said.
The trial court, that is the CBI court found no criminality or conspiracy between Chidambaram and Rajah and, therefore, found no merit in the petition requesting Chidambaram be made a co-accused with Rajah and be lodged in jail. The trial court, therefore, dismissed the application of Subramanian Swamy.Unfazed the petitioner has made his intention of going in appeal to the High Court clear to press and public. Thus Chidambaram is not yet out of woods and the case would keep on hanging over his head like the sword of Damocles.
Tags :Criminal Law