2G: Cabinet meets tomorrow to finalise queries for Supreme Court

New Delhi:  The Cabinet is expected to meet tomorrow to finalise details of seven questions that the government plans to ask the Supreme Court through a presidential reference on the issue of telecom licences in view of the court's verdict in the 2G scam case.
In January, the Supreme Court cancelled 122 licenses granted in 2008 by then Telecom Minister A Raja for mobile network licenses and accompanying second generation or 2G spectrum; the two judges who delivered the verdict said all national resources must be distributed only through an auction. The licenses revoked by the court had been allocated on a first-come-first-serve basis by A Raja and the judges said this policy was "fundamentally flawed" partly because it presented an advantage to anyone with access to the "corridors of power."
The government has said that while it in no way challenges the verdict of the court, it needs answers on how natural resources should be distributed hereon. The Prime Minister had in February sanctioned a Presidential reference on the matter - which means that the government will formally request President Pratibha Patil to ask the Supreme Court if its order applies to all natural resources.
NDTV has learnt that these are the seven questions that the government is likely to pose to the Supreme Court through the presidential reference:
1) Whether licenses, other than the ones auctioned, were granted illegally?
2) Were all licenses granted on a first-come-first-served basis, upto 2007 granted illegally?
3) If yes, then what steps should be taken by the government to deal with those licenses?
4) If no, is the Government of India obligated to ensure a level-playing field in granting licenses and whether it is required to withdraw spectrum allocated to all existing licenses? Also, should it be with retrospective effect and be charged and at what price and what date?
5) Is dual technology licences illegal and is the government of India required to make a level-playing field and withdraw all spectrum allocated to licensees in 2008? Should they be charged, and at what price and from what date?
6) Does the 3G spectrum auction allotted in 2010 to entities whose licenses have been quashed in the judgement referred to in the above stand withdrawn?
7) Is allocation of spectrum through auction the only legitimate mode even when it is inadequate or there is no competition?
The President can, under Article 143 of the Constitution, refer matters of public interest to the Supreme Court.  The Supreme Court will then set up a bench of either three or five judges to provide clarifications requested by the President. These judges could talk to parties involved with the case or to experts; regular hearings will be held before they share their conclusions.
The last time such a presidential referral was made was in 2004 for a dispute between Punjab and Haryana over water-sharing.
The 122 licenses that were cancelled in January are at the heart of what's believed to be India's biggest scam. As Telecom Minister, Mr Raja, now in jail for over a year, allegedly granted sweetheart deals to companies who conspired with him - not only did he give them licenses at throwaway prices, but the spectrum they needed was free. Many of the executives of these companies were arrested last year and spent several months in jail before being granted bail.
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9/11 mastermind set to face US military court

Washington:  Nine years after his arrest in Pakistan, self-proclaimed 9/11 mastermind Khaled Sheikh Mohammed could soon be back in court for the much-awaited "trial of the century."
After years of delays, a significant step took place last week when a former aide to Mohammed, Majid Khan, accepted a plea deal with US authorities that will require him to testify against other terror suspects at a tribunal at Guantanamo Bay, Cuba.
More than a decade after the 2001 attacks that left nearly 3,000 people dead on US soil, the 46-year-old extremist known simply as "KSM" remains the ultimate figurehead in a legal battle fought by two successive US administrations.
President Barack Obama "can claim credit for killing (Osama) bin Laden and (Al-Qaeda cleric Anwar) Al-Awlaqi, so nailing KSM would complete the hat trick and help quiet the conservative fearmongers who say he's weak on terrorism," former chief US military prosecutor Colonel Morris Davis told AFP.
Victory in the trial could prove critical to Obama this year in his re-election bid, where he faces Republicans critical of his approach to terrorism.
The Democratic president had sought to hold a trial for KSM and his four accused accomplices in New York, just steps from the Ground Zero site where the World Trade Center's twin towers fell.
But congressional Republicans put an end to those plans by blocking the transfer of terrorism suspects to the United States.
The five September 11 defendants, known as the "Guantanamo Five" for their incarceration at the US naval base in southern Cuba, will face a trial under special military tribunals created by the George W. Bush administration after the attacks.
Procedures for the military tribunals, also known as commissions, were modified by the Obama administration.
KSM, along with Walid bin Attash of Saudi Arabia, Yemen's Ramzi bin al-Shibh, Pakistan's Ammar al-Baluchi or Ali Abd al-Aziz Ali and Mustafa al-Hawsawi of Saudi Arabia, all face possible death penalties.
The 88-page indictment lists 2,976 murder counts for each of the victims of the coordinated attacks.
"Let's get rid of the alleged. KSM has admitted (the crimes) many times," said Michael Mukasey, who served as US attorney general under Bush.
KSM's first confessions were made when he was subjected 183 times to a simulated drowning method known as waterboarding and other so-called "enhanced" interrogation techniques at a secret CIA prison after his March 2003 capture.
But "no statement obtained as a result of coercion can be used" in a military commissions trial, chief prosecutor Brigadier General Mark Martins said in an interview.
Although KSM has since repeated his confessions, the prosecution needs to obtain statements that are legally admissible in court.
This is where Khan's awaited testimony fills the gap. The Pakistani national, who lived legally in America and graduated from a US high school, pleaded guilty at Guantanamo to a reduced charge of "conspiracy" to commit terrorism in exchange for a lighter sentence.
"If Khan provides information on KSM and others, as has been suggested was part of the deal, it will no doubt speed up the prosecutions," said Karen Greenberg, a terrorism expert at Fordham Law School.
With Khan's testimony in hand, KSM can be officially tried before a Guantanamo judge, which observers say could take place at any time.
The person who presides over the commissions, a judge known as the convening authority, now has "everything he needs to make the decision but he's not under a timeline," Martins said.
Baluchi has requested that he be spared the death penalty, saying he played a lesser role in the attacks.
But, following a vote in Congress, if the Guantanamo Five plead guilty, "they're allowed to be executed," said Adam Thurschwell, a general counsel in charge of defending Guantanamo detainees.
Baluchi's lawyer, James Connell, said it is the convening authority's choice to decide a date for the trial.
"We don't want them to rush into a decision but on the other hand, we don't want them to drag their feet," he added.
Although the defendants might make pre-trial appearances soon, the crucial trial could be months away.
"KSM wanted to use the rest of the trial as an opportunity to deliver a diatribe against US policy," said appellate attorney David Rivkin.
KSM himself has declared that he wants to die and become a martyr.
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Fodder scam: CBI court frames charges against Lalu

Patna:  A CBI court has framed charges against former Bihar chief ministers Lalu Prasad Yadav and Jagannath Mishra in connection with a multi-crore fodder scam.

The case relates to fraudulent withdrawals of around Rs 46 lakh by officials of state animal husbandry department from Banka and Bhagalpur treasuries through fake enforced bills between 1994-96.

Charges have also been framed against ruling JDU MP Jagdish Sharma and former RJD MP R K Rana.

Mr Yadav, who was chief minister of Bihar then, alleges that he has been falsely implicated in the case and the "CBI had not procured gubernatorial nod for prosecution in this case".

The central investigative agency had charge sheeted them in this conspiracy angle case on March 3, 2003.

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Mamata's nephew in court today for slapping traffic cop

Kolkata:  Chief Minister Mamata Banerjee's nephew, Akash Banerjee, who was arrested here yesterday for allegedly slapping a traffic policeman, will be presented in court today. He has been charged with a non-bailable offence under section 353(b) of the Indian Penal Code (assault of a police officer on duty).

Police officials claim that the Chief Minister herself ordered the arrest of her nephew. Seeking to make a very embarrassing incident look a little better, a minister in the Mamata Banerjee government said it was a "small incident and the chief minister had demonstrated raj dharma by ordering the arrest of her nephew."
Yesterday, Mr Banerjee's car was stopped in Khidderpore for violating a traffic rule - unconfirmed reports say the car was being driven on the wrong side of the road. The CM's nephew was in the car with two friends. When a traffic sergeant stopped the vehicle, Mr Banerjee and the two other passengers got out of the car and allegedly abused and beat him. People who witnessed the incident claim that Mr Banerjee shouted, "Don't you know who I am? I am the chief minister's nephew."
The three passengers were taken to the Watgunge police station. After the link to the chief minister was made clear, Mr Banerjee and the others were allowed to leave without any case being filed against them. Later, after people of the area raised a hue and cry and the local media reported on the incident, a case was registered and Mr Banerjee was arrested.

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