I was condemned without being heard, says Raja

A. Raja on Friday filed an application in the Supreme Court, seeking a review and reconsideration of its judgment quashing all the 2G spectrum licences granted by the government pursuant to the two press releases issued by him when he was Telecom Minister.

“The judgment of this court, inasmuch as it condemns the actions and inactions of the petitioner as Minister for Communication and Information Technology,… is in violation of the basic principles of fair play and justice and of affording a person an opportunity of being heard before he is condemned. Natural justice requires that if a matter is decided against a person by a judicial or quasi-ju- dicial body that person should be given an opportunity of being heard and a pronouncement by a judicial or quasi-judicial body which condemns a person without hearing him would be void,” said the application, settled by senior advocate T.R. Andhyarujina and filed through lawyer Abhinav Mukherji.

Mr. Raja said that on each of the findings against him he had an explanation that his actions were “legal, proper and without favour.”

He said the observations made by this court against him should be reviewed as they affected his reputation and fundamental right under Article 21 of the Constitution. Further, the findings of illegalities and favouritism were bound to preju- dice his defence in the pending prosecution against him in the court of the Special Judge (CBI), Patiala House, where the charges were substantially similar to the issues dealt with by this court.

Though the Supreme Court said the Special Judge should decide the matter uninfluenced by its ruling, “this observation is of little avail having regard to the position of this court as the highest court. It is most unlikely that a subordinate court will disregard them and form an independent view.” Moreover, Mr. Raja said, “these findings are now bound to be adopted and followed by the government officials in their evidence to protect themselves.” Hence, he pleaded that the court set aside the judgment.