Thursday, February 02, 2017

Marans' discharge: political perfidy or judicial jeopardy ?

A special court has held that there is no sufficient proof to frame charges against the Marans in the notorious Aircel-Maxis deal case.

O.P.Saini, the special judge, has categorically held : "I am satisfied that the entire case is based on a misreading of the official files, contradictory statements of the witnesses as well as speculations and surmises of Sri.C.Sivasankaran. I have no hesitation in recording that no prima facie case warranting framing of charge against any of the accused is made out. Accordingly, all accused stand discharged."

This is a slap on the face to prosecuting agency and also the government. This case was assumed to be an incontrovertible proof of nepotism and crony capitalism of the UPA government headed by Manmohan Singh. Enforcement Directorate is likely to appeal against the discharge.

Circumstantially it appeared to the general public that sequence of events was proof positive that Dayanidhi Maran, the then Telecom Minister was helping his brother's business and that quid pro quo between Marans and Maxis was self-evident.

Politicians as a class have a fraternal relationship among themselves and therefore they do not want any of their ilk to get jailed. BJP will go 'thus far and no further' in their judicial battle against their political adversaries. ED or for that matter any investigating agency is packed with accommodative officials by the party in power. Judiciary looks for unassailable evidence even to file charge sheets. The end result is that politicians who are probably crooks known for their unethical conduct escape from the proverbial long arm of the law. The public knows that absence of legally acceptable evidence of guilt is not evidence of absence of guilt.

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