Congress Can’t Reclaim What it Has Lost: Kapil Sibal on 2G Verdict

The Congress leader writes that the BJP has shown no real remorse even though all accused have been acquitted.

In an editorial published in The Indian Express on Wednesday, Kapil Sibal laments the injury that the 2G case caused to the Congress’ reputation. “The Congress may claim a moral victory, but it cannot reclaim what it lost,” writes the former telecom minister under the UPA government. He further says that though all the accused have been acquitted, the BJP has shown no remorse.

Last week, in an unexpected twist, a special CBI court pronounced DMK leaders A Raja and Kanimozhi not guilty in the case that had a huge role to play in the ouster of the UPA II government.

Even in 2011, when the 2G “scam” was unearthed, Sibal had dismissed it with his “zero-loss” theory.

Titled “Conspiracy of Circumstances”, Sibal’s article further demands an apology to the nation from Vinod Rai, the then Comptroller and Auditor General.

SC Failed to Ensure That The Prosecution Was Uninfluenced: Sibal

Sibal elaborates on how the UPA II was actually not guilty – and that the letters of intent have now been declared “consistent with the policy in place”.

The Congress leader in his article asserts that the Supreme Court failed to ensure that the prosecution was “uninfluenced” by the government. This, according to Sibal, was owing to the fact that the apex court instead of following the normal process of law and acting as a court of last resort, arrived at prima facie conclusions.

He also says that the Supreme Court acting as “a court of first resort, through a public interest litigation” in the 2G spectrum case violated Article 21 of the Constitution, especially when it procured prima facie evidence and immediately launched prosecution.

Article 21 of the Constitution provides “Protection Of Life and Personal Liberty.”

The Apex Court and Matters of Economic Policy

The Supreme Court judgment had directed the Centre to auction the 2G spectrum instead of allocating it at the administered price. This was done with the intent of enriching the country’s coffers.

Sibal believes that while this is a laudable motive from the court’s point of view, it is not consistent with the rationale behind the government’s policy of allocating spectrum at the administered price. Sibal wonders if the apex court should interfere in matters of economic policy at all.

The “Tremors” of Undeserved Shame

Finally, Sibal condemns CAG Rai for “sensationalising” the issue.

Rai had said that the supposed “scam” had caused a loss of Rs 1.76 lakh crore to the public exchequer.

The fault lies at the doorstep of the then CAG and, of course, the Opposition that exploited the issue for political gain.

Kapil Sibal writes in The Indian Express

Sibal says the political ramifications of this sensationalism caused “tremors” that are felt to this day.

Sibal’s First Reaction on the Verdict

In an interview on 21 December, the Congress leader had said: “Our position stands vindicated.” He had also said that whatever he had said earlier in reaction to the various charges faced by the accused has been proven correct.

(With inputs from The Indian Express)