Ex-SC Judge to Probe 2G Licences

Justice Patil

Source : The Times of India

One day after the Supreme Court directed the CBI to widen the probe of the 2G spectrum scam, the government on Thursday announced that a retired Supreme Court judge would look into spectrum allocation procedures and policies during 2001-2009, a period that includes the NDA regime. 

IT and communications minister Kapil Sibal said the one-man committee of retired Supreme Court Justice Shivraj V Patil would "examine appropriateness of procedures (adopted) by DoT in the issuances of licences and allocation of spectrum during the period 2001-2009". 

Patil has been tasked with completing within four weeks, the exercise of uncovering the entire gamut of procedures not just on the 122 2G licences/spectrum awarded in 2008 at 2001 prices, but also award of spectrum between 4.4 MHz to 6.2 MHz and beyond. 

''All spectrum given between 2001 and 2009 has been free,'' Sibal said, explaining why the entire period was being investigated. 

Once the government has the inquiry findings with it, a decision would be taken on how to move forward. "(The) objective is to tell people of this country how the spectrum was given and we will put this in the public domain,'' Sibal said. 

Sibal also said show-cause notices would be issued within a week to companies which had got licences despite being ineligible to apply or had not met rollout obligations. 

According to Sibal, the terms of reference for the committee include looking at internal department procedures adopted by the Department of Telecom during 2001 and 2009, including award of Unified Access Service licences/ spectrum, examination of consistencies or deviations in policies including matters of fairness, transparency, and keeping with the principles of justice. ''It will even probe violation of policies enunciated by the DoT itself,'' Sibal said. 

Asked about the objective of such a committee when the CAG has already given its report, Sibal said, "They (CAG) have given the report and the same is being examined by the Parliamentary panel. Broadly speaking, we are looking at the internal departmental procedures adopted by DoT during 2001-09."

Everyone Knows which Judge is Corrupt: SC

Source : Times of India

Maintaining its 'there is something rotten in Allahabad HC' remark, the Supreme Court has virtually declined any relief to Allahabad High Court. The HC had asked for clarification for this comment of the Supreme Court. 

At the same time, a bench of justices Markandey Katju and Gyan Sudha Mishra, while dismissing the Allahabad High Court's application for expunging the remarks, clarified that there were "excellent and good judges too" in the court. 

Rejecting the arguments of senior counsel P P Rao that even a clarification that some are excellent and good judges would still cause suspicion on the integrity of the judges, the bench remarked, "It is not just time to react but also to introspect." 

Reacting to the persistent plea of Rao that the clarification would not be sufficient, Justice Katju angrily retorted, "Do not tell all those things. I and my family have more than 100 years of association with the Allahabad High Court. People know who is corrupt and who is honest. So do not tell me all this." 

Justice Katju further observed, "Tomorrow, if Markandey Katju starts taking bribe, then the entire country will know about it. So do not tell me as to who is honest and who is corrupt." 

Rao submitted that the earlier observations had tarnished the image of the entire High Court judiciary and the rustic would not be able to distinguish between a honest and a corrupt judge. 

"Do not tell me all those things about the rustic. They are much more enlightened. Do not think people of India are fools," the bench observed while dismissing the application. 

The Allahabad High Court had taken strong exception to the apex court's remarks that "something was rotten" and there was "rampant uncle judge syndrome" in the higher court. 

In an application moved through its registry, the High Court had sought expunction of the remarks on the ground that they "have made difficult" for the judges to function and tarnished the reputation of the entire judiciary in Uttar Pradesh. 

"The remarks are unfortunate and uncalled for and has brought down the image of the Allahabad High Court judges in the eyes of the general public. The observations have made it difficult for the judges to function," the application had stated. 

It had submitted that judges of the High Court are appointed only after clearance from the Supreme Court collegium and as such, there was no scope to question their integrity. 

On November 26, in a strong indictment of Allahabad High Court, the apex court had said, "There is something rotten" there and raised serious questions about integrity of several of its judges. 

"Something is rotten in the State of Denmark, said Shakespeare in Hamlet, and it can similarly be said that something is rotten in the Allahabad High Court," a bench of justices Markandey Katju and Gyan Sudha Mishra had said, adding the high court "really needs some house cleaning". 

The apex court bench had also asked the chief justice of the high court to take some strong measures, including recommending "transfers of the incorrigibles". 

It had made the remarks in a 12-page order while making the insinuation that several judges of the high court suffer from 'uncle judge' syndrome, which refers to judges passing favourable orders for parties represented by lawyers known to them. 

The bench's remarks came while scrapping a single- judge bench order of the Allahabad High Court which had asked a Bahraich-based Waqf Board to temporarily allot a portion of its land in May-June this year to the proprietors of a circus for its show during an annual fair. 

Referring to the rampant 'uncle judge' syndrome allegedly plaguing the high court, the apex court bench had said, "Some judges have their kith and kin practising in the same court."

Find the copy of the Order here.

Bombay HC stays Kings XI Termination from IPL

Source: NDTV

The Bombay High Court has granted Kings XI Punjab an interim stay on its expulsion from the IPL but said the franchise will have to satisfy certain conditions, including retaining its shareholding pattern, fulfilling pending player payments and paying the BCCI guarantee money in case the final judgement goes against them. The court also rejected Punjab's request to defer the date for submission of the list of players they would like to retain for the fourth edition of the league, the deadline for which expires today. Punjab have until midnight to finalise their list.

After listening to both parties over the last two days, Judge SJ Vajifdar said that "prima facie" Punjab had a strong case against the explusion and the "interim injunction" was only just. But his verdict carried many riders, the most important being that the franchise cannot change its shareholding pattern and the control should rest in the hands of the four main owners: Ness Wadia, Preity Zinta, Mohit Burman and Karan Paul. The court said that these four needed to hold not less than 51% of the shares in KPH Dream Cricket Pvt. Ltd - the rights-holding company of the franchise - until the final judgement. Punjab's owners refrained from commenting on the issue before they received the court order in hand tomorrow.

In the interim, Punjab will have to submit various guarantees to the court and the BCCI. The first is clearing the pending payments to its players over the last two years, an amount running upto Rs.35 crore ($7.77 million). And now, since the franchise is free to re-enter the IPL arena, the court has asked it to commit an amount of $18 million for the next two years (at the rate of $9 million per year) as guarantee money for player payments in case the franchise participates in the league.

The other important condition the court asked Punjab to fulfill was to pay the BCCI $3.5 million per year for a period of two years, as security towards any damage incurred by the board in case the final verdict went against Punjab later on.

Wednesday's news will be seen as another blow to the IPL, whose 2011 tournament has been put increasingly at risk by a succession of court cases. While the Rajasthan and Punjab franchises were embroiled in courtroom battles, a third (Kochi) barely made it over the line. As a result of the controversies, the player auction for the season has been delayed by several months.

In October the BCCI had terminated Punjab, holding the franchise guilty for violating the franchise agreement on three counts, the biggest offence being that the ownership had changed twice in the first three years of the league, something that went unreported to the Indian board.

The franchise moved court last month seeking redressal for the cancellation of its IPL contract. Its petition contended that the termination was a "deliberate and calculated" move to ensure a new and more lucrative re-bidding process. Both parties then decided to opt for the arbitration process, but that too got embroiled in controversy when the arbitrator, Justice BN Srikrishna, recused himself after admitting to the BCCI that he had been legal counsel for the Wadia Group, part owners of Punjab, for many years.

At that point the issue seemed to be snowballing into another protracted battle, just like the one Rajasthan Royals had got involved in with the BCCI. But Punjab rushed to the High Court for help and have now found new crutches to lean on before building their case in front of the arbitrator.

The confusion over the eventual number of teams that will be involved next season affects every component of the world's most lucrative domestic league: its teams/ franchises, its players and its very structure.

R.Regupathy's Letter to Madras Chief Justice

Source : Lawyerclubindia

The following is the letter dated July 2, 2009 written by R.Regupathi, then Judge of the Madras High Court, to the Chief Justice of the Madras High Court containing the relevant part where there is a specific reference to R.K.Chandramohan.

“On 12.06.2009, at about 2 p.m. during Lunch Recess, while I was in the Chamber, High Court, Madras, my Office Assistant, Mr. Mujibur Ali, informed me that Mr. Chandramohan, Chairman, Bar Council of Tamil Nadu, is waiting and seeking for an appointment to meet me and, immediately, I allowed him to come in. To start with, he discussed about the general subject on Advocates and so proceeding, he said that two persons, who are father and son/accused in a criminal case, are family friends of a Union Minister by name Raja, and that the petition filed by them for anticipatory bail must be considered favourably. Simultaneously, he handed over his mobile phone by saying that the Union Minister is on the line to have a talk with me. Right away, I discouraged such conduct of Mr. Chandramohan and told him that the case would be disposed of in accordance with law, if listed before me.

“Subsequently, on 29.06.2009, second anticipatory bail petition came to be filed for the same accused and on behalf of Mr. Chandramohan (counsel on record for the petitioners/accused), who was present in the court, Mr. Masood, Advocate, argued by stating that some new points need to be submitted and, for such purpose, the Case Diary must be summoned. Adverting to the counter filed by the prosecution and referring to the view I had already taken during the previous occasion and pointing out that there was no change of circumstance to positively consider the case of the petitioners, it was conveyed that there was no valid reason or ground to grant the prayer in the 2nd petition. It was also observed that the counsel may argue the case in detail, however, this time orders would be passed on merits and they would not be allowed to withdraw the petition. Again, the counsel insisted that the case diary must be called for and the case be heard in detail with reference to the materials collected during the course of investigation. I have impressed upon the representing counsel by explicating that a like direction could be given to the prosecution only in the event of the Judge satisfying that such course is inevitable and absolutely necessary in a given situation and that, on mere demands and as a matter of routine, such exercise cannot be undertaken.

At that time, Mr. Chandramohan stood up and made a similar demand and when I emphatically declined to accede to his adamant demand, he vociferously remarked that the court is always taking sides with the prosecution and not accepting the submissions made by the counsel for the accused while giving importance to the Prosecutor. On such pointless remark, I said that the counsel engaged to argue on his behalf has made his submission and he is not supposed to pass such slanderous and derogatory remarks; for, all these days, the court has been passing orders after hearing the parties and assessing the cases on their own merits and in accordance with law. In spite of that, Mr. Chandramohan, insisted that the Case Diary must be summoned and the matter be adjourned to some other day. Since Mr. Chandramohan highly raised his voice and his approach towards the court was quarrelsome, I told him that a person like him, an advocate holding position as Chairman of a State Bar Council, should not behave in such a fashion. Still the learned Advocate was outburst and uncontrollable, and I observed that a counsel, who made an attempt to exert influence on the court by using the name of a Cabinet Minister, cannot be allowed to succeed in snatching an order in his favour by advancing threat. Due to such odd experience, I had to direct the Registry to place the papers before Your Lordship for obtaining orders to post the case before some other learned Judge.

“The case concerned was taken up at the end in the afternoon and inside the court hall, there were about 4 to 5 Advocates present and no one from the Press was there. That being so, the oral observations actually made came to be translated by the Print and Electronic Media with their own interpretations and ideas …….

“I have written this letter/report to apprise Your Lordship the actual state of affairs Involved.”