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Updated: March 2, 2012 23:11 IST

I was condemned without being heard, says Raja

J. Venkatesan
Comment (21)   ·   print   ·   T  T  
Former Telecom Minister A. Raja said the Supreme Court has cancelled the licence of 122 firms without hearing his side of arguments.
The Hindu Photo Library Former Telecom Minister A. Raja said the Supreme Court has cancelled the licence of 122 firms without hearing his side of arguments.

A. Raja on Friday filed an application in the Supreme Court, seeking a review and reconsideration of its judgment quashing all spectrum licences granted by the government pursuant to the two press releases issued by him when he was Telecom Minister.

“The judgment of this court, inasmuch as it condemns the actions and inactions of the petitioner as Minister for Communication and Information Technology,… is in violation of the basic principles of fair play and justice and of affording a person an opportunity of being heard before he is condemned. Natural justice requires that if a matter is decided against a person by a judicial or quasi-judicial body that person should be given an opportunity of being heard and a pronouncement by a judicial or quasi-judicial body which condemns a person without hearing him would be void,” said the application, settled by senior advocate T.R. Andhyarujina and filed through lawyer Abhinav Mukherji.

Mr. Raja said that on each of the findings against him he had an explanation that his actions were “legal, proper and without favour.”

He said the observations made by this court against him should be reviewed as they affected his reputation and fundamental right under Article 21 of the Constitution. Further, the findings of illegalities and favouritism were bound to prejudice his defence in the pending prosecution against him in the court of the Special Judge (CBI), Patiala House, where the charges were substantially similar to the issues dealt with by this court.

Though the Supreme Court said the Special Judge should decide the matter uninfluenced by its ruling, “this observation is of little avail having regard to the position of this court as the highest court. It is most unlikely that a subordinate court will disregard them and form an independent view.” Moreover, Mr. Raja said, “these findings are now bound to be adopted and followed by the government officials in their evidence to protect themselves.” Hence, he pleaded that the court set aside the judgment.

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"He said the observations made by this court against him should be reviewed as they affected his reputation and fundamental right under Article 21 of the Constitution". Our founding forefathers must be turning in their graves over this remark. Raja is crying for his lost reputation. Cannot get any more absurd than this!!

from:  Saurabh Jha
Posted on: Mar 5, 2012 at 12:55 IST

During the hearing of this case, Raja could well have appeared to make his side of things clear or argue the case. Why did he not make an effort to argue this case then?

This is all a clever gameplan to delay the case and to revert cancellation of all licenses and thus make him not guilty.

Congress has no position of its own about Raja and his conduct. It is high time Raja showed some spine and revealed all who were part of this loot from Congress side.

from:  Vimal
Posted on: Mar 3, 2012 at 19:31 IST

There is force in what Raja says. At least from the point of view of his repeated defence that he was not alone in the whole affair and that both the PM and the then FM were in the picture, he should be given this opportunity of being heard.

from:  v n ramachandran
Posted on: Mar 3, 2012 at 16:24 IST

The people of the country for the past many occasions are happy with the
court especially the supreme one extending its arms in many areas not
previously done by them. One justice even quoted from the Spirit of Laws and another one from shakespeare's Hamlet(something has gone rotten in
Denmark). The literary quotations thrilled the spectators.But the others
especially the legislature(one of the main pillars )could nor relish or
swallow them.Now it has come to that level of over reach as commented
the rulers,the on lookers also have started feeling the same.The law
should take its course but should not stray here and there.actually in the case of connecting the rivers,the layman could not see the course of the law.We hope the Spirit of Laws is practiced
according the spirit of the masses.

from:  seshachalam gopalakrishnan
Posted on: Mar 3, 2012 at 15:48 IST

While Kasab is entitled to all legal rights why not allow Mr. A. Raja to
explain his position? After all the accused has a right to trial by
court wherein he can present his defense. The idea of thorough inquiry
before arriving at a conclusion is to protect the innocent from being
punished wrongly. As a saying in Tamil reminds us "that seeing is false;
hearing is false; only thorough inquiry will reveal truth" should be
followed.

from:  mvrangaraajan
Posted on: Mar 3, 2012 at 15:19 IST


Had he been heard, he should have tried for a ‘DEAL’ with the judges of the Supreme Court to avert cancellation of all licenses on a first come first serve basis! (The bench constitutes judges)...true he was not given an opportunity of being heard to know how fabulous was the offer and whether it was workable mutually .......Indians should admit it was a grievous mistake!

from:  Bose A Panicker
Posted on: Mar 3, 2012 at 14:28 IST

Well said Raja, Indian judiciary is crossing all its limit. The so called protector of Justices are just going by media investigation, which is always biased against the section society. What CAG is doing for huge loss incurred due anti Kudamkulam (anti nuke movement) supported by Jayalalitha. The accumulative loss (as they arrived for 2G) will be several Lakhs of cores.

from:  venki
Posted on: Mar 3, 2012 at 13:06 IST

Well said Raja, Indian judiciary is crossing all its limit. The so called protector of Justices are just going by media investigation, which is always biased against section of the society. What CAG is doing for huge loss incurred due anti Kudamkulam (anti nuke movement) supported by Jayalalitha. The accumulative loss (as they arrived for 2G) will be several Lakhs of cores.

from:  venki
Posted on: Mar 3, 2012 at 12:33 IST

Mr Raja better be glad he is in a country like India and accept this
minor punishment. In certain other countries, a person committing
economics offenses of this nature is liable for capital punishment

from:  Govind Diwakar
Posted on: Mar 3, 2012 at 11:08 IST

Why he has not applied for bail ?

I find this strange. Will some expert tell me what could be the reason for this ?

from:  Ganesh
Posted on: Mar 3, 2012 at 09:28 IST

This statement of Mr Raja seems to have profound consequence on the entire process. AG had advised the court that cancellation of allotments will have profound consequences. Now that the international players in the game are making lots of noises and one of the union minister who has nothing to do with this case and who is believed to be the caretaker of foreigners interest in India is looking not just amused but very happy at all this drama. I am reminded of two Urdu couplets at the whole situation. All the focus and fury on corruption and Lok Aayukt will possibly fizzle out by the fall out.
Bane hain Ahle Hawas Mud-daee bhi Munsif bhi
Kise Wakeel Karen Kis se Munsafi Chahen.
Paida hue Wakeel tho Iblees ne Kaha
Lo Aaj hum bhhi sahebe Aulad Ho Gaye.

from:  Dr. Basheer A Khan
Posted on: Mar 2, 2012 at 22:49 IST

Our Media and litterate Common man take the liberty of becoming investigator, prosecutor and Judge. Certainly the Supreme Court Judges, being the protector of Constitution, need to act with the highest level of Wisdom as per the Law of the Land.

from:  jayam
Posted on: Mar 2, 2012 at 22:33 IST

If Raja is found guilty and sentenced by the court, many big shots in Congress might be at risk. So Congress will play all the dirty plays in the books to let him free.

from:  KVP
Posted on: Mar 2, 2012 at 21:44 IST

from the prima facie facts it's clear that Mr.Raja was at fault by making a favor towards certain licensees. His recent attack on SC judgement will certainly keep people interested in how this unfolds in near future.

from:  sibashish
Posted on: Mar 2, 2012 at 21:39 IST

Yeah..the Central Govt and Raja will fight to the core for this.
Otherwise they have to repay the huge amount which they took in a by-
pass way to award the licenses.

from:  Ram R
Posted on: Mar 2, 2012 at 21:00 IST

The justice got to fight with the LARGER and powerful group. The entire sequence of events seems to be well planned and a thrilling political novel. Hoping for serious punishment for the culprits.

from:  Rakesh
Posted on: Mar 2, 2012 at 20:46 IST

Slowly but surely, grounds are being prepared to declare Raja and
others as not guilty. He will soon retire to some island and live
like sultan of Bruinei.

from:  sunit
Posted on: Mar 2, 2012 at 20:26 IST

Raja never thought about "fair play and justice" when he misused his authority as a Cabinet Minister of Telecom. to unfairly give licenses to parties favoured by him for monetary gain.

from:  krishna
Posted on: Mar 2, 2012 at 20:01 IST

A Raja and his colleagues in central govt. are not different, Mr A Raja
is a part of larger group of white collar offenders. The entire group must
be handed over to "Chennai Police" for natural justice.

from:  Tarsem
Posted on: Mar 2, 2012 at 18:42 IST

Though it is settled law that the observations of the court in a case
will not generally bind a person who is not a party in that case, it
would be good if the Supreme Court categorically announces that the
presiding officer of the court where Mr Raja is tried for certain
criminal charges shall not be influenced in any manner whatsoever by
any of the Supreme Court observations in its verdict on cancellation
of licenses for 2G spectrum.

from:  S.P.Asokan
Posted on: Mar 2, 2012 at 18:38 IST

Is this a ploy to declare A.Raja as not guilty?Is Congress and DMK
colluding to release him.

from:  wizboxyenda
Posted on: Mar 2, 2012 at 17:56 IST
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