2G Spectrum corruption scandal – Dr Swamy’s caution to Prime Minister

published on February 14, 2011

February 11, 2011.
Dr. Manmohan Singh,
Prime Minister of India,
South Block,
New Delhi.
                                                Re: 2G Spectrum corruption scandal
Dear Prime Minister:
            You may have been apprised by your Law Officers of the proceedings in the Supreme Court yesterday when the matter came up regarding the monitoring of the CBI investigation into the 2G Spectrum corruption scandal. It is regrettable that the Attorney General represented your Government in the court in the proceedings.

            While I have personally a high regard for the knowledge and articulation of your Attorney General, Mr. Vahanvati, I am in the public interest requesting you to direct him to recuse himself from this Spectrum case otherwise I may be compelled to make a mention in the Court itself, This would be painful not only to you but also to me.  The reason for his recusing himself is that the December 2007 letter of Mr. Raja to you not only makes him a party in the decision making by Raja but it is also a violation of the rules applicable to Law Officers with regard to providing advice to Ministers.  Considering that he has given advice to Raja, contrary to the Law Minister’s opinion– that a GoM be set up– the Attorney General (the then Solicitor General) ought not to have given a contrary opinion to Mr. Raja, especially since Rule 4 of the Transaction of Business Rules requires a Cabinet decision when two Ministers disagree. 

If I have to express my opposition to his continuance publicly in a judicial forum then I may have to refer as collateral information, to his other interventions with other potential accused persons who may be named in my Criminal Complaint filed in the Special Court in Tis Hazari. That indeed would be highly embarrassing for your Government.  Hence please request the Attorney General for recusing himself from this matter in the Supreme Court.

            Since the Supreme Court has directed your Government to set up a Special Court with no other business except the 2G Spectrum matter, I suggest that the present Special Court which receives CBI cases wherein my Criminal Complaint has also been filed, viz., the Court of Mr. Pradeep Chaddha, Room No. 324, Tis Hazari Courts, may be converted into an exclusive Special Court for this case.

            I also urge you to have it examined whether because of the intervention of the then Chief Minister of Maharashtra and one or two of your current Cabinet Ministers, the Hotel being built in Charni Road in Mumbai by the firm controlled by Mr. Shahid Balwa of Etisalat DB  in violation of the environmental rules (since it is in proximity to the Marine Drive Beach). The FSI permission granted by the BMC was not only 100% but also granted within 24 hours of Balwas application. 

I also think that the CBI ought to investigate whether Mr. Shahid Balwa had been controlling an air stripe built to modern specifications near Palampur, Gujarat. Does the Ministry of Civil Aviation have a record of the traffic and travelers to and from from there?

Shahid Balwas has been amassing huge amount of wealth in the name of Transfer of Development Rights (TDR) which rights have been acquired by deploying goons squads and strong arm tactics for which reason I suppose the Home Ministry was of the view that he should not be associated in any legitimate enterprise in the country. I hope therefore you will direct the CBI to investigate this matter as well even if it means one or two Cabinet Ministers of your Government have to leave.

            I hope in the process of consultation of the CBI with wiser counsels in the PMO, and within the framework of the Supreme Court Order monitoring the CBI investigation, and the direction given yesterday by the Apex Court to go after the “big fish”, the CBI will incorporate under Section 120B of the IPC read with Sections 11 and 13 of the Prevention of Corruption Act, Mr. M. Karunanidhi (present CM-TN) and his family as co-accused in this matter.

            If this is not done then I may have to move an Application on 22nd February in the Special Court of Mr. Pradeep Chaddha. which is to take the evidence of CBI on certain questions which have arisen under Section 210 of the Cr.P.C.  I will then file an Application under Section 319 of the Cr.P.C., if the CBI does not make Mr. Karunanidhi as a co-accused.
                                                                                    Your Sincerely
                                                                              ( Subramanian Swamy )

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