ALL CONGRESS COMMITTEE 24, AKBAR ROAD, NEW DELHI COMMUNICATION DEPARTMENT

Highlights of the Press Briefing December 21, 2017

Shri Anand Sharma, MP, former Union Minister, Deputy Leader in and Shri Vivek Tankha, MP addressed the media at Parliament House.

श्री आनंद शर्मा ने पत्रकमर ं क संब धित करते ए कहम धक संसद के शीतकमलीन सत्र र्ᴂ व्यविमन है। हर्मरी अपेक्षम थी स र्वमर के धदन और उसके बमद संसद र्ᴂ, द न ं सदन ं र्ᴂ ज गधतर ि रहम, रमज्यसभम र्ᴂ चेयरर्ैन, उप-रमष्ट्र पधत र्मननीय वᴂकैयम नमयडू जी के कहने पर सरकमर की और धवपक्ष की बमतचीत ई और सदन चलम। प्रश्नकमल भी चलम, शून्यकमल भी चलम और द धबल भी पमस ए। इस उम्मीद के समथ धक, सरकमर गंभीर है गधतर ि दूर करने के धलए और प्रिमनर्ंत्री स्थथधत की गंभीरतम क सर्झते ए अपनम रमजहठ छ 蔼 दᴂगे। 啍 ंधक धवषय संवैिमधनक पद ं पर आधसन व्यस्िय ं कम है, वतार्मन प्रिमनर्ंत्री र्मननीय श्री नरेन्द्र र् दी जी कम बयमन, त जमधहर है केवल चुनमव र्ᴂ, गुजरमत र्ᴂ ल ग ं क गुर्रमह करनम, गफलत र्ᴂ 蔼मलनम और उसकम भुगतमन करनम व टर ं क पमकर, इरमदम त वही थम। पर उसर्ᴂ उꅍ ंने एक लक्ष्मण रेखम पमर की। पूवा प्रिमनर्ंत्री डॉ. र्नर् हन धसंह जी, ज 10 समल तक देश के प्रिमनर्ंत्री रहे, उनकी धवश्वसधनयतम और देश के प्रधत प्रधतबद्धतम पर सवमल उठमयम।

ये गंभीर बमत है धक, 啍म पूवा प्रिमनर्ंत्री और देश के पूवा उप-रमष्ट्र पधत, ज 10 समल तक उप-रमष्ट्र पधत थे, व ऐसी क ई बमत कर सकते हℂ, क ई ऐसम ष蔼यंत्र, एक ऐसे देश के समथ धर्लकर धजसके समथ हर्मरे संबंि ठीक नहीं है, पमधकस्तमन के समथ। उसके समथ-समथ भमरत की थलसेनम के ज र्ुस्खयम रहे, ब蔼े वररष्ठ भमरतीय रमजदूत रहे, हमई कधर्शनर रहे, आपक र्मलूर् है, र्ℂ उनके नमर् द हरमनम नहीं चमहतम। दुभमाग्य की बमत है धक धवपक्ष क धनरमशम धर्ली।

प्रिमनर्ंत्री जी तैयमर नहीं, ऐसम हर्क बतमयम गयम धक व इस गधतर ि क दूर करᴂ। धवपक्ष ने सरकमर से ये कहम धक, प्रिमनर्ंत्री अपने चयन के धदन पर आएं , आज बृहस्पधतवमर कम धदन है, आज प्रिमनर्ंत्री जी कम धनिमाररत धदन ह तम है, रमज्यसभम र्ᴂ। 啍 ंधक डॉ. र्नर् हन धसंह जी रमज्यसभम के सदस्य भी हℂ, इसधलए व सदन र्ᴂ आकर स्पष्ट्ीकरण कर दᴂ धक, उनकम 啍म आक्षेप है और 啍म उनके पमस सूचनम है, धजसके आिमर पर उꅍ ंने ये कहम और इसकम सर्मपन ह नम चमधहए तमधक बमधक कमयⴂ पर चचमा ह ? धवपक्ष के पमस बत धवषय ऐसे हℂ, ज हर्क उठमने हℂ, इस सत्र के अंदर। खमसतौर पर रमफेल जेट के घ टमले कम है, समथ ही ज समवाजधनक संज्ञमन र्ᴂ है, बीजेपी के रमष्ट्र ीय अध्यक्ष अधर्त शमह जी के पुत्र के धवषय र्ᴂ ज प्रश्न है, धकसमन ं से जु蔼ी सर्स्यमएँ और देश र्ᴂ ज ब蔼म नुकसमन हर्मरी अथाव्यवथथम क आ है, ये धवषय हर् सर्झते हℂ धक चचमा के धलए अधनवमया हℂ।

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लगतम है धक सरकमर नहीं चमहती इन धवषय ं पर चचमा ह । इसधलए प्रिमनर्ंत्री जी इस ज सर्स्यम है, गधतर ि है, उसकम सर्मिमन ढूंढने के धलए, उनकी क ई इच्छम नहीं है। ये ऐसी पेधचदम बमत नहीं है, धजसकम सर्मिमन नम ह , नम ही इसर्ᴂ अहर् की बमत ह नी चमधहए। देश के प्रिमनर्ंत्री कम कताव्य बनतम है धक, ज भी शंकमएं उभरी हℂ, उसकम धनवमरण करᴂ। अब चुनमव ह चुकम है, इसधलए अब फमयदे-नुकसमन की बमत नहीं रही। हर् अभी भी यही अपील करते हℂ सरकमर से और प्रिमनर्ंत्री जी से आग्रह करते हℂ धक, संसदीय प्रजमतंत्र के धहत क देखते ए भमरत के संवैिमधनक परंपरमओं कम सम्ममन करते ए, व सदन के अंदर आएं , तमधक बमद र्ᴂ सदन सुचम셁 셁प से चले। धवपक्ष की क ई इच्छम नहीं है धक, संसद नम चले। धवपक्ष चमहतम है धक संसद चले। 啍 ंधक यही एक र्ंच बचम है धवपक्ष के पमस, जहमँ हर् अपनी बमत कह सकते हℂ और आपके र्मध्यर् से देश तक अपनी बमत पंचम सकते हℂ। हर्मरी तरफ से ये प्रयमस रहेगम धक ज भी रमयशुर्मरी से इसर्ᴂ सहर्धत बने, ज स्वीकमया ह पूवा प्रिमनर्ंत्री डॉ. र्नर् हन धसंह जी क भी, भमरतीय रमष्ट्र ीय कमंग्रेस के समथ सर्ूचे धवपक्ष क , व ह नम चमधहए।

Shri Sharma said, as I have said, that the stalemate continues primarily because of the attitude of the Government and obduracy of the Prime Minister who refuses to register the seriousness of the situation resulting from his baseless and unwarranted aspersions and remarks for electoral gains on the former Prime Minister of India Dr. Manmohan Singh and former Vice President Dr. Hamid Ansari, who had occupied high Constitutional office for ten years. As a present incumbent of the Constitutional Office, it is for the Prime Minister, his duty to restore the dignity of the Office of the Institution of the Prime Minister. Whatever may be said in politics, never before a Prime Minister has cast any finger of suspicion or pointed a finger of suspicion about the commitment to the country of former Prime Ministers or former Vice President of for that matter also the Chief of the Indian Army and other distinguished Indians. It is in the national interest, in the interest of parliamentary democracy that this deadlock is brought to an end as I have said in Hindi, I would not repeat all in detail that there have been talks between the Government and the Opposition that is why the House functioned smoothly on Tuesday and Business was transacted but it has been made clear to us until it is reversed that the Prime Minister is not willing even to say anything about the matter, let alone take back what he has said, nor is he willing to face the Opposition in the House. Today being the appointed day for the Prime Minister in the Rajya Sabha, we were waiting eagerly that he will come and resolve this matter but he has deeply disappointed us and the entire House by refusing to come. Perhaps, the Government wants the situation to continue so that issues that are of critical concern to the people of India are not taken up and also the acts of commission and omission and wrong decisions of Prime Minister and his Government are not exposed on the Floor of the House including the scam of Rafale Jet deal which we have been saying outside the Parliament, which we wish to discuss and place all facts on the Table of the House. The other matters with regard to the economy, the job 2 losses and the fact that Indian economy has suffered huge losses because of two wreckless decisions of the Prime Minister.

Today, there is another matter which has come up and surely the Government does not want to face the Opposition and the Prime Minister too i.e. the verdict on the 2-G case.

Let me take you back to the years when there was a vicious and malicious campaign targeting the then Congress-led UPA Government also besmirching the image of the then Prime Minister, the Government by claiming a big loot, a big scam and a huge loss to the country. That was the presumptive loss of Rs. 1,76,000 crores. It is very interesting that those who had some contribution in giving credibility and life to this BJP-led campaign, both are beneficiaries along with the Principal beneficiary. Principal beneficiary is Shri Narendra Modi ….

श्री नरेन्द्र र् दी देश के प्रिमनर्ंत्री बन गए, यूपीए सरकमर की, कमंग्रेस की छधव खरमब करके। ल ग ं क गुर्रमह धकयम, बत ल ग र्मन गए धक बत ब蔼म घ टमलम आ है। आज भी धवत्त र्ंत्री ने वही दशमाने की क धशश की, र्ℂ उस पर ज셁र आऊँगम और धजꅍ ंने ये धलखम थम presumptive loss कम, व आज भमरत के बℂक के सुपर ब स हℂ, चेयरर्ैन हℂ, समरे बℂक के चेरयर्ैन, एर्डी वही लगमते हℂ, श्रीर्मन धवन द रमय। पहले धकसी CAG (Comptroller and Auditor General) क इतनी ब蔼ी जगह नहीं दी गई, पर उꅍ ंने इतनम ब蔼म कमर् धकयम थम, त इतनी ब蔼ी जगह धर्ली और भमरत के ज सबसे rich खेल ं की संथथम है, Board of Cricket Control of India उसके चेयरर्ैन Administrative Committee के। त जमधहर है उनके य गदमन की र्मननीय नरेन्द्र र् दी जी ने पूणा 셁प से पहचमन की है, य ग्यतम की नहीं, य गदमन की। दूसरम, स्मरण करनम ज셁री है धक, केवल सरकमर नहीं जब नीधत बनती है त यहमँ ज संथथमएँ हℂ, उनकी भी कुछ भूधर्कम रहती है।

He further said in this particular case, the Telecom Regulatory Authority of India (TRAI) had endorsed and recommended this policy because public good and common good is not necessarily as Shri Vivek Tankha will elaborate served only by following a particular route. Sometimes the common good is more important than the commercialization of the State’s resources. At that time, perhaps, that was the guiding principle. The Chairman of TRAI at that time was the present Principal Secretary of the Prime Minister Shri Nripendra Mishra and let us not forget that the first Ordinance, first action, first decision in 2014 of Prime Minister Modi’s Government was to bring an Ordinance to amend the TRAI Act so that he could appoint Shri Nripendra Mishra as the Principal Secretary to Prime Minister.

Now Shri Vinod Rai who had talked of the presumptive loss theory surely will not be interested in the judgment of the Court but this is not an ordinary trial – it had 3 generated national and global attention. It also destroyed many careers and many lives those who spent long months in prison. And those who were behind it fueling it, giving it credence are enjoying their lives. I heard the Finance Minister today and Finance Minister was saying that the Supreme Court is the Highest Court and has said that it was a corrupt policy. I challenge the Finance Minister to show that order. Supreme Court is not a Trial Court. Supreme Court only quashed the allocations and sent the case to the Trial Court. And the Trial Court had to take the evidence and the Trial Court has come up with the verdict. It has gone into all aspects. What was the method and how it was done, I am going to leave it to my colleague and MP and eminent Lawyer Shri Vivek Tankha. I will just read few lines for you.

“There is no evidence on the record produced before the Court indicating any criminality in the acts allegedly committed by the accused persons relating to fixation to cut-off date, manipulation of ‘first-come-first-serve policy’ allocation of spectrum to dual technology applicants, ignoring ineligibility of STPL and UNITECH Group Companies, no revision of entry fee and transfer of Rs. 200 Crores to Kalaignar TV Ltd as illegal gratification. The charge sheet of the instant case is based mainly on misreading, selective reading, non-reading and out of context reading of the official record”.

This is the final judgment. “Further it is based on some oral statements made by the witnesses during investigation which the witnesses had not owned up in the witness box.

Lastly if the statements were made orally by the witnesses, the same were contrary to the official record and thus not acceptable in law”.

And the last para is the end result of the above discussion, is that “I have absolutely no hesitation in holding that the prosecution has miserably failed to prove any charge against any of the accused made in its well choreographed charge sheet”. Please register the word ‘well choreographed’. Now this is the judgment which has come after almost 7 years from April 2011 close to 7 years.

We will give you the paragraph. I will leave to Shri Tankha Ji because he will also be speaking just now. So, this is what happened in India on the presumptive loss theory. Shri Vinod Rai should he held to account or not for what he did? Now Government is toppled with two things – first this – followed by a big national movement against corruption. This was the first foundation - India against Corruption – Shri Anna Hazare and the Lokpal agitation. The Lokpal Act was passed by the Parliament. Initiative was taken by the Congress-led UPA Government. 3-1/2 years have passed,

4 there is no Lokpal. There is not even an initiative taken to appoint a Lokpal. Supreme Court has been asking those who were spearheading the struggle and of course the main beneficiary again the BJP and the Prime Minister that where is the Lokpal. There is no Lokpal. Those who are agitating and actually emotionally provoked the people of India through that agitation are silent, they have all gone silent. We do not hear anybody even those in the Media, who were saying India wants to know, now India does not want to know, where are they? Where is the Lokpal? Why they agitated, why they did and what happened in the country?

Now on the presumptive loss so much has happened. May I ask a question through you to the Prime Minister and the Government – presumptive or notional loss remains presumptive or notional – what about the actual loss. There is actual loss of over Rs. 3 lakh crore! Actual, proven and established to the Indian economy, because of a decision personally made by Prime Minister Shri Narendra Modi on demonetization, he shaved off 2% of the GDP. So, if presumptive loss so much has happened, we want to hear, we wanted to hear today from the Prime Minister, how he wants to take action against the person, who took the decision to shave off Rs. 3 lakh Crores of India.

Shri Tankha said the whole case was based upon a draft report. How it got leaked, we don’t know. That report should have actually come to the Parliament, it would have gone to Committee of the Parliament i.e. PAC where it would have been debated upon finalized and then a final report which has the approval and the implementer of the Parliament is made public. This did not happen. Much before, that draft report is leaked. It is made the basis of the petition before the Supreme Court, the report is believed and investigation is ordered. People are arrested, who today have been acquitted and some of them have been in jail for months. Huge investments which came into India, you ask those Foreign Companies – what they feel about the whole investments. It is all gone. Question today is – who is responsible for this? It pains us to say this that our system did not recognize the failure inherent in such a procedure and the Nation has paid a huge price both financially and in terms of so many peoples’ companies suffering personally of financial loss and losing jobs. This investigation was monitored by the Supreme Court. Charge sheet was filed before a Special CBI Court. The Judge is appointed by the Delhi High Court. There was a special prosecutor appointed by the Supreme Court to conduct a trial. Government was nowhere in picture. Why I am saying this, is in a democracy if you don’t believe your Government or if you don’t trust your Government or if you keep your Government away this is something that can happen which should never happen.

On the question of debate in Parliament, Shri Sharma said the Congress Party is keen for debate. To another query, Shri Tankha said that the charge sheet was not filed by 5 the Government per se. Government had no role in the investigation but the actions of the Government had been taken over the by the Court directed investigation. Government was not in picture. It was the CBI who was working under direct monitoring of the Supreme Court and a special prosecutor also designated by the Supreme Court. So, Government per se had no role to play. In fact, if you recollect, one of our Law Ministers, who happened to have looked at the file, or called for a file, had to pay a price by saying that how did you even ask the CBI to come to you. So, Government was nowhere in picture.

With regard to this question, Shri Tankha said that these are two separate issues. Cancellation of allocation is not a crime in itself. It is a procedure that is challenged. Sometimes, Courts can side on procedure that whether the Court judgment is reviewed at some other point of time, is a different question. If you recollect, soon thereafter, there was a sort of review of this order where the Supreme Court diluted the rigors of the first judgment and said that there may be instances where auction may not be the right policy. So, this judgment to that extent had been diluted later. Now, as far as your second part of the question is concerned, this has been debated in Parliament so often that to what extent the Supreme Court or the Courts rather not only Supreme Court but the Courts, should be monitoring such cases. It is the domain of the Executive by and large but as I said, this is an issue which will be debated in the Parliament because it needs a larger canvass of address.

Shri Sharma also added a very important point which Shri Vivek Tankha had made earlier has to be fully registered. Now when we are talking of businesses and companies, which had applied for spectrum which were allocated spectrum, they there were Indian companies, there were foreign companies and JV partners and the foreign companies by and large state owned whether it was Telenor of Norway, Etisald of UAE and Systema in which there is the sovereign or rather share holding is very high of Russian Federation. Now when these orders came of cancellation, we did receive as India as Government of India notices by these companies and the Government to take us to the International Court and also to the WTO because we were in violation according to them of International Treaty obligations because we have bilateral investment protection Treaties with some of these countries and when a as a sovereign you sign treaties with any other country, when the Executives sign, it subsumes everything. So, it was not that simple, it was very-very complex that how globally India’s image as an investment destination had also suffered because it is only the investments made were lost. Many of these companies who had taken huge loans from the public sector banks besides of course has been said. So, when you analyze it and write about it, please go deeper into that that what happened and what was the adverse fall outs. 6

एक प्रश्न पर धक धवन द रमय क लेकर 啍म कहᴂगे, 啍 ंधक व आपके सर्य र्ᴂ CAG थे, श्री शर्मा ने कहम धक व्यस्ि धवशेष की बमत नहीं ह ती है। ये त एक व्यस्ि क CAG बनमने की बमत थी। कई बमर त पूरम देश धर्लकर गलती कर देतम है, नरेन्द्र र् दी जी की बमत पर धवश्वमस कर धलयम थम। कई बमर पर गलती ह जमती है। पर उनके बमद र्ᴂ उनक इनमर् त पहले से भी ज्यमदम धर्ल रहम है, आज की सरकमर के द्वमरम। ये आपक देखनम है, 啍 ंधक ज सबसे ज्यमदम लमभ आ है, धजस दल क , उसी दल कम त षडयंत्र थम समरम बदनमर् करने कम। त आज ज प्रिमनर्ंत्री जी गुजरमत के चुनमव र्ᴂ षडयंत्र की बमत और conspiracy की बमत करते हℂ, र्ुझे उनसे यही कहनम है धक षडयंत्र त हर्मरे स्खलमफ आ थम और उस षडयंत्र कम लमभ आपक धर्लम है। Shri Sharma also said that we do not believe in enacting conspiracies but have been a victim of a big conspiracy which was to besmirch the fair image and name of our Government and the Prime Minister.

On the question that number of years have passed, Shri Sharma said there have been many events that is what Shri Vivek Tankha has said that you can look into the integrity for the processes which should always have been maintained that when the CAG prepares such a report, it has to be submitted to the Parliament and then the Parliament sends it to the Public Accounts Committee. Now here the report was leaked first and that leak went to the Supreme Court on the basis of which what happened and all that happened has been explained, rest is history. The PAC was deprived its role, was denied its role, the then Government was not in the picture. Supreme Court took charge whether what has been said I need not even repeat. So, this charge sheet was cleared by the Supreme Court. So nobody can doubt now and it is 3-1/2 years after we left office that is what the judgment is. So, it is important to reflect because sometimes institutional memories remain, individual memories can be short-lived. Therefore, to revisit that period, when an entire Session – the winter session of 2010 was destroyed, not even one word could be spoken, no business could be transacted and even the following Budget Session was badly affected. So, those who are today refusing and the Prime Minister in particular to resolve the deadlock need to be reminded who did it, and here is an opposition which is talking to the Government that please resolve it. We do not want this deadlock to continue.

एक अन्य प्रश्न पर धक आपने कहम धक आप ये र्मर्लम सदन र्ᴂ उठमएँगे, आपकी रणनीधत 啍म है, श्री शर्मा ने कहम धक संसद र्ᴂ उठेगम। ल ग कहᴂगे धक नहीं भूलनम चमधहए धक उस वि की एक पूरी सरकमर पर बमत ई थी और आज धजन कम Acquittal आ है, व भी सीधटंग समंसद है, कधणर् री जी। त जमधहर है संसद र्ᴂ ये धवषय त उठते ही हℂ, पहले भी उठते थे। रणनीधत बतमई थ 蔼ी जमती है, बनमई जमती है।

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On the question whether this matter could be raised in Parliament, Shri Sharma said Congress Party was not party to this case. We do not need any enquiry; you do not need a research organization. That is known to all of us as to who did what. The author leaked it and the beneficiary of the presumptive loss is the Prime Minister and the one who wetted and recommended the policy is the Principal Secretary. It is very interesting.

On the question why is it so that the Congress Party is boycotting the proceedings in Rajya Sabha, Shri Sharma said it is not a question of boycotting. Please do not say we are boycotting, we are not. We are present in the House in full strength. We are not sitting outside. We are demanding, we are agitating and we are urging the Prime Minister to come before the House and clarify what he has said to the Members of the House and Dr. Manmohan Singh is also a Member of the House and it involves three Constitutional offices - former Prime Minister and former Vice President of India. So, it is only the Prime Minister who can resolve this. We are not boycotting. In the other House, our colleague Shri Mallikarjun Kharge as Leader and the other colleagues have raised this issue vociferously, repeatedly. They have not been allowed to speak on the matter. When it comes to participating today, it is a very clear decision because when you come for the supplementary demand for grants, it is a constitutional requirement and Indian National Congress is a very responsible opposition Party. So, we will not walk away from our Constitutional duties rather the Government does not wish Opposition to have any say now in that House or this House.

On the question whether the Opposition is intact, Shri Sharma said when we stand firm on our principles and I am sure that the others to respect principle.

एक अन्य प्रश्न के उत्तर र्ᴂ श्री शर्मा ने कहम धक अब 啍म बीजेपी अदमलत से ऊपर चली गई? इसपर 啍म कहᴂगे, सर्मिमन नहीं आ। सर्मिमन हर् थ 蔼े करᴂगे, हर्ने थ 蔼े प्रिमनर्ंत्री जी क कहम थम धक भूतपूवा प्रिमनर्ंत्री और भूतपूवा उप-रमष्ट्र पधत पर ऐसे गंभीर आर प लगम। धजꅍ ंने आर प लगमए हℂ, वही त शब्द वमपस लᴂगे। कमंग्रेस थ 蔼े नम उनकी तरफ से उनके शब्द वमपस लेगी? अब शब्द ं क ठीक र्मन रहे हℂ, त र्ुकदर्म चलमएँ , तुरंत कमयावमही ह नी चमधहए इतने गंभीर आर प हℂ, अगर। नहीं है त आकर स्पष्ट्ीकरण दे दᴂ। इसर्ᴂ 啍म सर्स्यम है?

Sd/- (Vineet Punia) Secretary Communication Deptt.

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AICC

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