Trial by media - pros and cons in the light of the 2g scam


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This presentation takes up the case of 2g scam and finds out how media interfered into the matter and whether trial by media is justified or not.

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Trial by media - pros and cons in the light of the 2g scam

  1. 1. HISTORY SEMINAR TOPIC : 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
  2. 2. THE ABC OF 2G SCAM <ul><li>WHEN AND HOW IT ALL STARTED? </li></ul><ul><li>May 2007 : A Raja becomes the UPA telecom minister </li></ul><ul><li>September 2007 : SWAN communications, UNITECH, LOOP and DATACOMM applied for 2G allotments </li></ul><ul><li>OCTOBER 2007 : A Raja rules out 2G spectrum auction, openly ignoring the TRAI’s recommendations on the distribution </li></ul><ul><li>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 </li></ul>
  3. 3. THE ABC OF 2G SCAM <ul><li>September-October 2007 – SWAN Telecom </li></ul><ul><li>Sells 45% of its shares to Estilat for </li></ul><ul><li>approximately Rs. 4200 crore. Swan bought </li></ul><ul><li>its spectrum license for a mere Rs. 1537crore. </li></ul><ul><li>Tata Tele services sells 26% of its shares to </li></ul><ul><li>Docomo Japanese company for Rs. 13,200 crore. </li></ul><ul><li>The total value of stakes [after resale] in the </li></ul><ul><li>nine companies that had 2G licenses </li></ul><ul><li>Amounted to Rs.70,022 crore. </li></ul><ul><li>For the same licenses, DoT had received only Rs.10,772 crore </li></ul>
  4. 4. THE ABC OF 2G SCAM <ul><li>By allowing the resale of stakes, DoT lost more than Rs. 60,000 crore </li></ul><ul><li>NOVEMBER 2008: The CVC investigates and sends a detailed report to the PM, reiterating the demand for Raja’s prosecution </li></ul><ul><li>APRIL 2009: CVC Pratyush Singh reconfirms large scale irregularities by DoT in awarding spectrum licences </li></ul><ul><li>OCTOBER 2009 : the CBI raids DoT offices in connection with alleged irregularities in allocation of 2G and lodges a case </li></ul>
  5. 5. THE ABC OF 2G SCAM <ul><li>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 crore </li></ul><ul><li>FEBRUARY 2011: Finally after a lot of events in between, </li></ul><ul><li>A Raja was arrested </li></ul><ul><li>on 2 nd February. </li></ul>
  6. 6. TRIAL BY MEDIA <ul><li>A phrase popular in the late 20 th century and early 21 st century </li></ul><ul><li>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 </li></ul><ul><li>Often provokes an atmosphere of public hysteria </li></ul><ul><li>Often makes a fair trial impossible </li></ul>
  7. 7. TRIAL BY MEDIA OF THE 2G SCAM <ul><li>How much Media has enlightened us? </li></ul><ul><li>Brought to light the huge scam which was going on </li></ul><ul><li>Brought into focus the persons who all were behind this – includes A. Raja, Nira Radia, Barkha Datt, Behura, Chandolia and others </li></ul><ul><li>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 </li></ul>
  8. 8. TRIAL BY MEDIA – ITS PROS <ul><li>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 </li></ul><ul><li>Made known to everyone the conversation going on between Nira Radia and others like Barkha Datt </li></ul><ul><li>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. </li></ul>
  9. 9. TRIAL BY MEDIA – ITS CONS <ul><li>“ 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…….. </li></ul><ul><li>……… ..” I am a victim of trial by media”, said Mr. Raja to the apex court. </li></ul><ul><li>The media has already convicted him even though the court has still not, the proceedings are still going on. </li></ul>
  10. 10. TRIAL BY MEDIA – ITS CONS <ul><li>The accused has certain rights – media snatches them away. </li></ul><ul><li>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 </li></ul><ul><li>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 </li></ul>
  11. 11. TRIAL BY MEDIA – ITS BANE <ul><li>Trial by media makes the life of a person miserable. </li></ul><ul><li>It has made Mr. Raja resign his respectable position in the parliament </li></ul><ul><li>The common man look down upon him </li></ul><ul><li>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 </li></ul>
  12. 12. IS MEDIA JUSTIFIED TO TRY ANYONE? <ul><li>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. </li></ul><ul><li>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. </li></ul><ul><li>The media has no right to usurp the function of the judiciary and deviate from objective and unbiased reporting…!! </li></ul>