HISTORY SEMINARTOPIC : TRIAL BY MEDIA – PROS AND

CONS SUB TOPIC: 2 G SCAM

Submitted to: Submitted by:Mrs. Rachna Sharma Trishita Das Gupta Group 10

Roll 570

THE ABC OF 2G SCAM

WHEN AND HOW IT ALL STARTED?

May 2007: A Raja becomes the UPA telecom minister

September 2007: SWAN communications, UNITECH, LOOP and DATACOMM applied for 2G allotments

OCTOBER 2007: A Raja rules out 2G spectrum auction, openly ignoring the TRAI’s recommendations on the distribution

JANUARY 2008: Pan-India license fee for spectrum allocations fixed at Rs. 1658 crore. First-come-first-serve definition altered to first-pay-first-serve leading to first fights in Sanchar Bhavan on who could pay first

THE ABC OF 2G SCAM

September-October 2007 – SWAN Telecom Sells 45% of its shares to Estilat for approximately Rs. 4200 crore. Swan boughtits spectrum license for a mere Rs. 1537crore.Tata Tele services sells 26% of its shares to Docomo Japanese company for Rs. 13,200 crore.The total value of stakes [after resale] in thenine companies that had 2G licenses Amounted to Rs.70,022 crore.For the same licenses, DoT had received only Rs.10,772 crore

THE ABC OF 2G SCAM

By allowing the resale of stakes, DoT lost more than Rs. 60,000 crore

NOVEMBER 2008: The CVC investigates and sends a detailed report to the PM, reiterating the demand for Raja’s prosecution

APRIL 2009: CVC Pratyush Singh reconfirms large scale irregularities by DoT in awarding spectrum licences

OCTOBER 2009: the CBI raids DoT offices in connection with alleged irregularities in allocation of 2G and lodges a case

THE ABC OF 2G SCAM

NOVEMBER 2009: Under fire, the Dot proposes a 1% increase in the spectrum usage charge paid by the telecom operators to make up for the revenue loss. The move if executed could potentially earn DoT Rs. 4000 croreFEBRUARY 2011: Finally after a lot of events in between, A Raja was arrested on 2nd February.

TRIAL BY MEDIA

• A phrase popular in the late 20th century and early 21st century

• Describes the impact of television and newspaper coverage on a person’s reputation by creating widespread perception of guilt regardless of any verdict in a court of law

• Often provokes an atmosphere of public hysteria

• Often makes a fair trial impossible

TRIAL BY MEDIA OF THE 2G SCAM

How much Media has enlightened us?

• Brought to light the huge scam which was going on

• Brought into focus the persons who all were behind this – includes A. Raja, Nira Radia, Barkha Datt, Behura, Chandolia and others

• Pointed out that the revenue brought in by the sale of 3G was a lot more than that which was brought in by the 2G Scam

TRIAL BY MEDIA – ITS PROS

• Investigation by media has helped us know that the licenses for the 2G spectrum were sold like movie tickets, that is, on the basis of first pay first serve

• Made known to everyone the conversation going on between Nira Radia and others like Barkha Datt

• Even before the Parliament could understand what was really going on, the media had been playing a positive role by constantly warning every one of the corruption that was going on.

TRIAL BY MEDIA – ITS CONS

“I stand condemned, charge-sheeted, tried and convicted by the media. My stock is so low that anything I say does not redeem my position,” said T.R. Andhyarujina appearing for Raja before an apex court bench of Justice G.S. Singhvi and Justice Ashok Kumar Ganguly…….. ………..” I am a victim of trial by media”, said Mr. Raja to the apex court.The media has already convicted him even though the court has still not, the proceedings are still going on.

TRIAL BY MEDIA – ITS CONS

• The accused has certain rights – media snatches them away.

• An accused always has the right to expression [Article 19 (1) (a)] of the Indian constitution, fair trial, the right to privacy, right to be presumed innocent until proved guilty, right to a public trial and trial before an independent judiciary

The media assumption of guilt clearly encroaches upon the right to legal representation – a critical component of fair trial – and may also intimidate lawyers into refusing to represent the accused persons

TRIAL BY MEDIA – ITS BANE

• Trial by media makes the life of a person miserable.

• It has made Mr. Raja resign his respectable position in the parliament

• The common man look down upon him• Even if he is acquitted, this scam will

forever remain in the milestones of India’s history and he will forever remain attached to it

IS MEDIA JUSTIFIED TO TRY ANYONE?

Media is no one to judge. The final decisions rest in the hands of the judiciary. Media should hold up and bring out only facts which are true. It has convicted A. Raja already even though the judiciary has not.The credibility of news media rests on unbiased, objective reporting. It is in the media’s interest to ensure that the administration of justice is not undermined.The media has no right to usurp the function of the judiciary and deviate from objective and unbiased reporting…!!