A Bench of Justices G.S. Singhvi and A.K. Ganguly, hearing applications filed by Janata Party president Subramanian Swamy and advocate Prashant Bhushan, faulted the TRAI for its communication to the Central Bureau of Investigation on the loss.
Justice Singhvi asked senior counsel K.K. Venugopal, appearing for the CBI, how come there was a difference in the losses estimated by the CBI and the Comptroller and Auditor-General, and said even the agency's estimated loss was contested. On the TRAI report, the judge said, “We are really surprised over the communication. It [TRAI] was created as an autonomous regulator by an Act of Parliament. By the said communication, what it [TRAI] has done and stated in recent days are a serious debatable issue.”
Mr. Venugopal, however, made it clear that the CBI had not accepted the TRAI report. “It is true that everybody is taking advantage of it.”
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What is the surprise in TRAI confusing report? Its chairman was appointed by Raja! Before being the chairman, he was a Judge who heard and decided on a spectrum related case. Raja rewarded him! The most surprising thing is that no medium wants to analyse this angle! The TRAI is a five member committee with two permenant members and 3 part time. None of them has any back ground in Financial or accountaacy management! Instead of saying they do not know how to calculate the loss they say no data avaialable! This proves their ignorance to the proven techniques and accepted norms to calculate loss incurred. Through its ignorance TRAI seems to take a self protection as the court may question the legitimacy of its recommandatory role if it keeps silent and thereby facing the risk of connivence! ANy government agency, brefet of intra house expertise, is deemed to call for the same from the specialized body. Here TRAI1s duty is to seek the CAG for guidence.
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