31 January 2012

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PMO Delayed Swami Wins SC Says Give Permission to Prosecute 3 Months Do you think Parliament will listen?

PMO Delayed Swami Wins SC Says Give Permission to Prosecute 3 Months
Do you think Parliament will listen?

On November 2008 Swami wrote to the PMO.

On March 19, 2010 the PMO replied that the plea made by Swamy was "premature" as investigation was being carried out by the Central Bureau of Investigation (CBI).

Why so much delay?

Later A.Raja was arrested

In year 2010 Swami filed application in Supreme Court of India saying that
PMO is not giving sanction to file a case against former telecom minister A Raja

In his petition, Subramanian Swamy has said that the PMO took 16 months to give sanction to prosecute A Raja in the 2G scam.

Supreme Court said that PMO should not have taken 16 months to decide on Mr. Swamys application.
Application was regarding one of the biggest scam that is 2G scam.
PMO said CBI is investigating and did not give permission.

SM – This is reason we need Jan Lokpal Bill

Like Pakistan Court our Supreme Court of India did not take hard stand it was very soft on PMO.

Currently in India
One has to take the permission from the politicians that is Union Government in the case of
Central government employees and for state government one needs to take the permission from state politicians that is state government.

In case of Union minister again needs the permission of Prime Minister as our President 99.99% or say 100% obeys and listens to Prime Minister of India.
President does not enjoy real powers.

For me I think both the above provisions are unconstitutional.
In India we follow principal of equality.
For Prosecuting Anna Hazare or big CEO of IT company no one has to take a permission and For a government employee a permission.
It’s illegal and unethical and not constitutional.

On Tuesday Supreme Court of India said that Janata Party chief Subramanian Swamy had the locus to seek sanction from the prime minister for the prosecution of former telecom minister A Raja in the 2G scam.

In this case PMO, Prime Minister Manmohan Singh Office took 16 that is sixteen that is sweet sixteen to clear sanction in A Raja case.

The Supreme Court also set aside the Delhi high court judgment refusing to direct the prime minister to take a decision on the grant of sanction against Raja.

Supreme Court of India said that the sanction by the competent authority for the prosecution of a public servant has to be granted within a time-frame.

The court said that the right to file a complaint against a public servant under Prevention of Corruption Act is a constitutional right.

SC has said that sanction should be given in 3 months time. If consultations have to be made, it has to be done in 3 months time and additional of 1 month.

3 months and 1 month for Legal consultation Thus Supreme Court of India said maximum 4 months of time.

Justice AK Ganguly said the sanction would be deemed to be granted if the competent authority fails to take a decision within four months.

SC said that Parliament should bring the amendment that if after 4 months sanction is not given, and then it would be deemed that sanction has been given.

But SC told Parliament to frame guidelines for giving sanction to prosecute officials.

Parliament who brings weak Lokpal Bill.

Now question is do you think our Parliament will fix the procedure and time frame.

Do you think parliament will amend the corruption act?

Why the delay is made to give sanction?

Following are reasons for delay?
1. To save the support of Government
2. To save the Political party
3. I am the prosecution giving authority and I got the share in that corruption so do you think I will give sanction to prosecution

Now SC has given the guidelines so next time if any citizen tries he will get justice within 4 months only if that person gets support of Media and it becomes the vote issue.

Otherwise we saw what happened to Police Reforms.
We saw what happened to Lokpal bill
We saw what happened in Shahbano Case.

Reality views by sm –

Tuesday, January 31, 2012

Tags – SC Permission 3 Month 4 Month