Saturday, November 5, 2011

Oppose bail for Raja and Kani

Why Thiru Andimuthu Raja and Ms Kanimozhi should not be let loose on bail?
Granting them bail on the basis of delay in sentencing them – though charges have been framed- would amount to gross miscarriage of justice. We have enough evidence to believe that this duo –along with their cohort- is responsible for a massive fraud.

A few facts about the 2G scam, while talking about Thiru Andimuthu Raja and Ms Kanimozhi, to keep things in the right perspective.
1. The 2G scam happened in 2008.
2. It was the AG- auditor General- which is a constitutional authority and who is not known for any political leaning, who quantified the scam and brought into light its enormous proportion.
3. The entire UPA government has been – time and again- trying to shield the culprits.
4. It’s the vigilantism of SC that saw the progress in the case and eventual arrest of the prime accused persons.
5. In case of Raja- It’s for the first time that a ruling union minister has been put into the prison for his misdeeds.
6. Going by the new paper report- the high profile detainees are not harassed inside the prison rather they enjoy VIP status and even their dietary habits are respected by the jail authorities by providing them with Idli and Dosa.
7. Last and the most important factor- these are the law makers- MPs!

Let’s take the case of two bail applications granted on- Friday, 4 November 2011.
1) Ramalinga Raju was jailed in January 2009 after he admitted to inflating the financials of Satyam Computer Services, then India's fourth-largest software services provider. He was granted bail after Two years and nine months. Raju was briefly granted bail last year by the Andhra Pradesh high court, but the Supreme Court cancelled it in October 2010. On Friday, 4 November 2011, the Supreme Court ordered his release on bail saying that no useful purpose will be served by keeping him and others in jail as the prosecution was at the fag end of presenting its evidence. (SOURCE: http://economictimes.indiatimes.com/tech/software/satyams-ramalinga-raju-two-others-get-bail/articleshow/10614555.cms)

2) Patna High Court today - 4 November 2011-granted regular bail to former RJD MP Md Shahabuddin in connection with a murder case in Siwan district in 2004. Shahabuddin facing life imprisonment in another case related to kidnapping-cum-murder of a CPI-ML (L) worker would, however, remain in judicial custody. He is currently lodged in Siwan jail. (source: http://www.dnaindia.com/india/report_former-rjd-mp-md-shahabuddin-gets-bail_1607359)

To understand the injustice done by letting loose Ramalinga Raju we have to compare his case with a comparable case in USA.
Around the same time -December’ 2008- a big ticket corporate fraud by Bernard Madoff was also unearthed in USA. Madoff was chairman of Bernard L. Madoff Investment Securities LLC from its startup in 1960 until his arrest on December 11, 2008. In March 2009, Madoff pleaded guilty to 11 federal felonies and on June 29, 2009, he was sentenced to 150 years in prison, the maximum allowed. He accepted his fate and since then is serving his time in jail, without any scope of coming out.
And in India now after the passage of such a long time, Ramalinga Raju simply walks out on bail! Why can’t he be sentenced? Especially, when his crime is as clear as day light! What is this farce of letting him go on bail?

How unjust it is to grant a rapist or a murderer bail need very little explanation. It would suffice if we simply state the statistics. Its common knowledge that even half of the perpetrated rape cases are not reported for asserted reasons and out of the reported ones 85% of rape case do not result in conviction. Why? When the accused persons are not sentenced within a reasonable time, as per prevailing practice they become eligible for a bail; say after 6 months or so. When they come out on bails they gat a license to work out a compromise!

Is it possible to punish the high profile culprits in India?

Yes.
Anna Hazare's fast-unto-death stir from August 16, 2011 ended with a happy note on 28 august- Sunday-when the entire parliament resolved to find a break through and created precedents on the run up. However let’s remember that till date the government has not conceded any thing concrete, yet now this movement has shown that if we pursue with zeal then the government / Supreme Court would see the merit and would relent to create precedents.

So it’s difficult yet possible to ensure that these high profile accused persons do not go scot free and rather brought to justice for their misdeeds. To protect their personal rights we can facilitate setting up of a special court for having daily hearings to deliver justice within a reasonable time (say 180 days). In fact if we remember the anguish outbursts of the honorable SC judges, who are monitoring this case, they have already indicated similar measures from their side, in the past, while censuring CBI and the government agencies for undue delays in this sensitive case.

15 May 2012
 A Raja is let loose on Bail!
What a farce! Thousands of crores of Rupees was lost and there is  tell-tale sign of his involvement and defrauding  the exchequer. Still he could not be sentenced in almost 2 years! Why? As concerned electorates we must make our representatives answer this. If they do not answer then we should get them changed. Do we have it in us?

1 comment:

Siddharth Ranjan said...

28 November 2011:

A day of great paradoxes... and similarities:

Sukhram gets bail as he is 86 years old and he has a cardiac condition. Kanimozhi gets the bail, as she is a woman. The Judge also mentions that she should have got the bail earlier…

Alas, it seems again it has to be the SC, which would have to repeat the same old concern: “Justice should have been delivered earlier!”