That in the common man’s perception there has been more politics than law to the 2G spectrum controversy ~ it can no longer be called a “scam” if  the verdict of the Special Court is anything to go by ~ is indeed worrisome. For the seemingly different views taken by the Supreme Court and now the trial court have left the citizen both confused and shocked. Have perceptions, innuendo and “public mood” replaced investigation-supported evidence in matters so important that governments collapse, political careers are derailed and commercial entities subjected to huge losses? Are we living in a rule-based society or one in which those who endowed with political clout have a free run? Or is what is right or wrong determined by the yardstick of electoral success? These are the questions triggered by the blanket acquittal order from Special Judge O P Saini ~ the veiled criticism of that order by those in key positions in government exacerbates the crisis of confidence the citizen faces over the “system”.

Since both the CBI and the Enforcement Directorate have announced a decision to appeal against the Special Court order ~ critics wonder if they had the time to seriously study the order before “rejecting” it ~ it might, perhaps, be inadvisable to attempt to evaluate its merits. Yet it would enhance the citizens’ worries if Judge Saini was subsequently deemed to have got it all wrong. This is not the first time that shoddy work by investigative agencies have been judicially slammed, yet seldom before in such strident terms. Incompetently drafted charge-sheets, and poor representation in court are matters for dismay ~ is there a case for an equivalent of the Crown Prosecution Service now that it is “accepted” the CBI, NIA, ED etc sway with the political wind?

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True that a prosecution agency could also be influenced, but it would at least add another cloak of independence to the system. The office of the Comptroller and Auditor General has also come under a cloud (as it had when probing the Bofors deal) and the charge might “stick” that high-profile CAGs tend to lose a sense of balance ~ or seek post-retirement rewards. For all these reasons a professional review of the Special Court order would be welcome ~ there is need to restore the citizen’s faith in the governance and judicial system. The contention that there is a distinction between administrative and criminal law goes above the common man’s head, he might even “see” the apex court’s cancellation of 2G Spectrum licences as blatant over-reach.

The political fall-out of the Special Court order has brought joy to the camp that feels it has been “vindicated”, and left the other fuming. That is the real “scam” ~ the cancer of politics has impacted the arena of criminal justice.