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Updated: January 22, 2011 02:18 IST

Court asks Kapil Sibal to behave with sense of "responsibility"

J. Venkatesan
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Telecom Minister Kapil Sibal. File photo
Telecom Minister Kapil Sibal. File photo

The Supreme Court on Friday took a serious view of the Communications Minister Kapil Sibal's statement criticising the report of the Comptroller and Auditor-General in the ‘2G spectrum scam.'

Describing his statement as “unfortunate,” the court asked him to “behave with some sense of responsibility.”

Issuing notice to the Centre on a petition filed by Janata Party president Subramanian Swamy seeking cancellation of the spectrum licences already issued, a Bench of Justice G.S. Singhvi and Justice A.K. Ganguly in a brief order said: “In our opinion, the CBI, which is conducting the investigation into what has been termed ‘2G scam,' is expected to carry on with the investigation without being influenced by any statement made by anybody in the press or otherwise.”

Detailed order

Earlier Dr. Swamy said: “The court has given a detailed order taking into account the CAG's report that had made a prima facie case of wrongdoing. But Mr. Sibal is publicly ridiculing the CAG's findings and this might obstruct the investigation.”

Seeking directions for a free and fair investigation, Dr. Swamy submitted that the “The CBI is after all under the Government of India.”

Justice Singhvi told Dr. Swamy: “We take it that the CBI should not be influenced by anyone. The investigations are being carried on under this court's supervision and any observation from anyone including the Minister should not influence the course of investigation.”

Justice Ganguly said: “This [Mr. Sibal's statement] is unfortunate. The Minister is supposed to behave with some sense of responsibility.”

The Bench issued notice to the Centre and the Telecom Regulatory Authority of India and the 11 telecom companies which were granted licences and sought their response by February 1.

Proper application

When Dr. Swamy said the process of compounding the illegalities of the licensees by levy of penalty had begun, the court asked him to file a proper application seeking a direction to restrain the Department of Telecommunication from accepting the penalty from the companies, which had not complied with the conditionalities of the licence.

Dr. Swamy, whose prayer in the main petition was for a direction for fresh auction, wanted the court to direct that all such and further adjudication by the government be not carried out except under the supervision or orders of the court.

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when I was in government service, i have done several estimates, with several assumptions; estimates are as good as the assumptions are. I have the worries that people stop functioning because fear of later interpretations and twisting on one hand. This is the case when the officer is good; whereas, when he or she is bad, issues are different, but same approach is done, the bad ones take more precaution, right from beginning they knew what is to come in future; they rectify or show things as if everything was done properly.I do not know what has happened in real, you can not easily catch the culprit. There are other kinds of people, who do not mind or who think that they can manage each and every person either present of future challenges.. they are for sure, sure how others are corrupt and manage.. these kind of people are very dangerous in functioning.

from:  Purushothaman P
Posted on: Feb 3, 2011 at 22:20 IST

Comment of Mr Kapil Sibal is very unfortunate. If Sibal was thinking report of CAG was wrong, then he should have informed Parliament when the report was tabled. This action decreases faith of people over lagislation.

from:  R K Mishra
Posted on: Jan 22, 2011 at 11:12 IST

I quite agree with Mr. Swamy that Telcom ministry should not initiate any action in matters related to 2G Spectrum until CBI completes its investigation and the supreme court looks into it.

from:  vijay
Posted on: Jan 22, 2011 at 10:19 IST

The court should tell him clearly that 'he should behave with sense of responsibility to the country' or he must be thinking that he is already 'behaving with sense of responsibility to his party and DMK'. I had been a Congressman and had a great respect for that party. But they have really lost the trust of people like me and millions more because of their way of handling the 2G scam. Every one involved should be punished. Will the court use its real power to punish the culprits, cancel the 2G allocations and call for fresh open 2G tender again?

from:  Saran K
Posted on: Jan 22, 2011 at 10:10 IST

Cong and DMK thinks that people are stupid. Everyone knows that DMK have pulled Cong into this and Cong is trying to save its face. Its sad that we are living in a country where not even a single person in power could accept that they have generated a huge loss for this country. Why can't they cancel all the 2G licences and call for fresh tender immediately? What is stopping them from doing this? Why can't they show them clean by doing so? We the citizens are losing confidence with the whole system including judiciary. Atleast, will the top judicial authorities help to save this country? Let us wait and see.

from:  Saravanan K
Posted on: Jan 22, 2011 at 09:58 IST

It is a well known fact to one and all that Mr Sibal is a loud mouth and often blabbers even when not needed. Mr Sibal's comment over CAG is highly despicable and better he keeps mum over this issue as Supreme Court is directly overseeing it. The desperation of Congress Party and its cronies is very much palpable.

from:  Shivakumar
Posted on: Jan 22, 2011 at 09:38 IST

There is no code of conduct in politics especially when a money of this nature is involved. Right from the Sonia-led Italian mafia to the DMK clan of the south are direct beneficiaries of the scam. One of the reasons Mr. Manmohan Singh can't disclose the foriegn bank accounts is he doesn't want to bring down his own government.

from:  Vinny
Posted on: Jan 22, 2011 at 09:33 IST

The Sense Of Responsibility and Mr.SIBAL are not Compatible.Arrogance clouds one's perception of Responsibility and Mr.Sibal personifies political arrogance.

from:  Subhash Saini
Posted on: Jan 22, 2011 at 07:37 IST

No action was taken for leaking the report of CAG much before it was made available to Parliament. The fiasco created by Opposition based on leaked report is condemnable. I do not find any thing wrong in Mr Sibal defending Governmnent which was put to sword. Leaks make things meaty for press, TV and opposition. We should first fix the responsibility of persons who leaked and prosecute them too.

from:  Gopalakrishna Rao
Posted on: Jan 22, 2011 at 05:58 IST

The remarks of Hon. Supreme Court against Mr. Kapil Sibal`s undignified comments against CAG Report are highly appreciated. His remarks are against the dignity of any parliamentarian. What kind of unfortunate people we are having in our parliament if any report comes against their will/wish, that report is false, if they find so why still they are continuing with that? They should scrap it.

from:  Harinadham
Posted on: Jan 22, 2011 at 00:27 IST

It is far beyond any doubt that Mr. Sibal's open remarks against CAG is improper and against the code of conduct as a member of the parliament. His indulgence without any application of mind on his part is most unbecoming. For that matter no member of parliament is entitled to come in the open with their reactions when the report is tabled before the house for a debate. So far as the public is concerned, they are not covered by any code in as much as it is they who sent the MPs as their representatives to the parliament. The public has got every right as to their freedom of expression on a matter concerning the country and its people. The CAG is a wing of the constitution on par with legislature and judiciary. It is an independent body with certain powers given by the constitution. If this simple logic of common sense is also lacking in our elected representatives like Mr. Kapil Sibal, we wonder how these leaders can run the affairs of the country efficiently?

from:  Devulapalli Srinivasa Murti
Posted on: Jan 13, 2011 at 21:45 IST
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