Goolam Essaji Vahanvati ,The new tainted Attorney General to defend PM in 2G scam!

Friday 19-November-2010, the Prime Ministers Office has announced that Goolam Essaji Vahanvati, the Attorney General of India will now appear on behalf of the Prime Minister in the place of Gopal Subramaniam, the Solicitor General of India, in the on going case relating to A. Raja in the Supreme Court.

The antecedents of Goolam Essaji Vahanvati are no better than those of Gopal Subramaniam. The Janata Party President Dr Subramaniam Swamy has stated on Friday 19-November 2010):

“I have no objection if Vahanvati defends the Prime Minister. But if he comes for the 2G case, then I have a problem”

I know what Dr Subramanian Swamy has in mind. On December 26, 2007, the then Union Telecom Minister A. Raja had written to the Prime Minister to this effect: “I have already consulted the External Affairs Minister Pranab Mukherjee and Solicitor General of India G.E Vahanavati and they have advised me that as a preemptive and proactive measure I can go ahead with the allocation of 2g Spectrum space immediately.” Having played an advisory part in this sordid scam, the most honourable course would be for G.E Vahanavati to recuse himself from talking in the Supreme Court on 2G Spectrum and the murky role of A. Raja.

Moreover, when a company called S Tel moved the Delhi High Court early in 2009, to set aside the arbitrary and criminal cut-off date of September 25, 2007 fixed by Union Minister A. Raja, the Delhi High Court gave a ruling in favour of S Tel and set aside the cut off date of September 25, 2007 in their orders passed in June 2009. In this case G.E Vahanavati had appeared on behalf of Department of Telecommunications (DOT) in his capacity as Attorney General of India.He had mislead the Delhi High Court by falsely stating in his affidavit that the Prime Minister had given his clearance to A. Raja in respect of every issue that was being raised by S Tel in the Delhi High Court.He had also kept the fact of the Prime Minister having instructed the Union Minister Raja to proceed cautiously in a matter after duly consulting the Union Ministries of Law and Finance, completely hidden from the view of the Delhi High Court.

Later when the DOT moved the Supreme Court on appeal against the orders of the Delhi High Court passed in favour of S Tel, G.E Vahanavati played a questionable role behind the scenes in making S Tel withdrawing their affidavit in the matter.

On 10-March-2010 Attorney General Goolam E Vahanvati produced a letter from STel in the Supreme Court in which the telecom operator sought to buy peace with the Department of Telecommunications by saying they agreed to DoT policy on allotment of 2G spectrum.

In these circumstances, we acknowledge the fact that our application has not been rejected and are now agreeable to the government considering our applications at the appropriate time. We acknowledge the fact that the decision of the government for giving UASL (unified access service licence) to those who applied up to September 25, 2007 was not arbitrary but based on likely availability of spectrum and administrative decision thereon,” Vahanvati said, reading aloud S Tel’s communication.

Based on STel’s letter, the Communications Ministry wanted to withdraw its own appeal against the Delhi High Court judgment, but the Supreme Court did not allow the plea. THE ANNOYED BENCH ASKED WHY THE ATTORNEY GENERAL G.E VAHANVATI WAS SUBMITTING A LETTER FROM S-TEL ON THEIR BEHALF?

My Comment: G.E Vahanvati, appointed to the Constitutional post of Attorney General, is the Indian Government’s chief legal advisor and its primary lawyer in the Supreme Court of India. I am shocked to see that he allowed himself to be seen discharging the function of an advocate of a private company like S-Tel to cover up the shady deal of  Minister Raja. A disgraceful situation indeed! In UPA II Government he proved to be more powerful than the Central Vigilance Commission which had recommended the prosecution of Union Minister  Raja in the matter of allotment of Spectrum G bandwidth.

Exemplary and outstanding credentials indeed! The real truth is this irresponsible Attorney General stands for the privatization and commercialization of the exalted public office of the Attorney General of India! I am shocked to see that the office of the Prime Minister has chosen G.E Vahanavati to defend the Prime Minister in the Supreme Court in the 2g Spectrum fraud case.

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