A Brief Study on India’s 2-Generation Spectrum Scam

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Charges on A.Raja

- Criminal Breach of Trust by a public servant(Section 409)

- Criminal Conspiracy(section 120-B)

- Cheating Section(420)

- Forgery(Section 468)

- Is booked under the prevention of corruption act for accepting illegal satisfaction.

Status of his trail at the Special CBI court

- A. Raja is still being trialed at the special CBI courts, so as to have a fair trail to this case.

M. K. Kanimozhi

A politician by profession who has a deep interest in poetry and journalism. She is the member of the parliament. She is considered to be one of the active brain’s behind the entire the 2G scam.

The allegation against Kanimozhi is that she was in constant touch with A.Raja in routing 2billion($20million), the 2 Billion was in coming from the realty promoter named Shahid Balwa. The main reason behind Kanimozhi got in contact was she was unable to get the amount to her television channel “Kalainagar TV”, she was the sole owner of this television channel.

Charges on M.K. Kanimozhi:-

- Criminal Breach of Trust by a public servant(Section 409)

- Criminal Conspiracy(section 120-B)

- Cheating Section(420)

- Forgery(Section 468)

- Is booked under the act of tax evasion.

Status of her trial:-

- M.K Kanimozhi is still being trialed at the special CBI courts, so as to have a fair trail to this case.

Victim in the 2G scam

The CBI stated that the main victim of the entire scam was TATA telecom communication. But according to many economists it was not the TATA’s that was the victim, the real victim was the Indian economy which was badly affected. The day 2G scam came to public light the stock market suffered a great fall and cause a heavy damage to the GDP of India. However apart from the Indian Economy, according to me there were no victims. But all those companies who had obtained license were also badly affected their license were cancelled resulting in huge losses to the companies. Some of the companies who were victims of the scam are listed below

Company

Telecom regions

# of licenses

Remarks

Adonis Projects

Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh (East)

6

Adonis Projects, Nahan Properties, Aska Projects, Volga Properties, Azare Properties & Hudson Properties were acquired by Unitech. Since Unitech Infrastructure and Unitech Builders & Estates were subsidiaries of Unitech Group, in 2008 Unitech had 22 2G licenses. Later that year, Telenor bought a majority share in the telecom company from the Unitech Group and now provides service as Uninor with 22 licences.

Nahan Properties

Assam, Bihar, North East, Orissa, Uttar Pradesh (east), West Bengal

6

Aska Projects

Andhra Pradesh, Kerala, Karnataka

3

Volga Properties

Gujarat, Madhya Pradesh, Maharashtra

3

Azure Properties

Kolkata

1

Hudson Properties

Delhi

1

Unitech Builders & Estates

Tamil Nadu (including Chennai)

1

Type of Crime Committed in 2G scam.

All of the accused who were found guilty, were charged under the following types of different crimes. It involved everything ranging from breaching of public trust to forgery. The crimes are listed below:-

- Sections 120-B (criminal conspiracy)

- 409 (criminal breach of trust)

- 420 (cheating)

- 68 and 471 (forgery) of the Indian Penal Code

- 13 (1b) of the Prevention of Corruption Act

- section 193 (giving false evidence)

- fabrication of evidence (Section 193)

All of the above crimes were committed which caused a great amount of losses to all those firms which had been playing a fair game. But the court of law had give a single statement which had affected all of the companies.

If it happens that all of the accused are found guilty for their crimes they can be sentenced to a maximum punishment for criminal breach of trust under Section 409 which is life term.

Legal Process followed

A joint action committee was formed which comprised of leaders from different indian political parties. The main of the JAC was to study the scam thoroughly, so that the criminals are brought to a certain punishment. The below table shows the member that formed the JAC:-

[pic 1]

Several legal procedure were followed during the entire trial of the scam. Special CBI courts were set up by the supreme court so as to have a decision at faster rate. The government of India made It very clear that none shall be spared for their illegitimate actions. The establishment of the special CBI court proved to be very beneficial to the government of India. The main purpose of the setting up the special CBI court was to avoid any kind of political influence to change the course of the decision of the case. However the CBI is an