In a massive relief for Home Minsiter P Chidambaram and UPA govt, a Delhi trial court on Saturday dismissed Janata Party chief Subramanian Swamy to make him a co-accused in the 2G spectrum case.
Reacting to the judgement, Subramanian Swamy said he would appeal against the decision in the High Court.
Justice OP Saini dismissed the petition and delivered his verdict shortly after 1 this afternoon to a packed court-room. The court said it will commence the hearing on the complaint filed by Swamy in which he had made further allegations against former Telecom Minister A Raja without making Chidambaram an accused from March 17.
The petition had been filed by Janata Party President Subramanian Swamy. Swamy said that it was Chidambaram’s job as Finance Minister in 2008 to prevent Raja from his spree of nefarious licensing.
Subramanian Swamy’s contentions in the petition
Central Bureau of Investigation (CBI) Special Judge OP Saini had reserved his order for Saturday after the last hearing Jan 21 after Janata Party chief Subramanian Swamy, who has made the plea for making Chidambaram a co-accused, concluded his final arguments. The Supreme Court, while cancelling the 122 licenses Thursday, left it to the trial court to decide on Swamy’s plea.
Swamy, while deposing against Chidambaram before Saini, had said that former communications minister A. Raja committed irregularities in connivance with Chidambaram in alloting the licenses. He said the decision on pegging spectrum prices based on 2001 rates was jointly taken by Raja and Chidambaram. Swamy has submitted documents, including evidence extracted from a Comptroller and Auditor General (CAG) report, before the court showing Chidambaram’s alleged complicity in the case.
Swamy has also placed on record the file relating to UASL (Unified Access Service Licence) policy regarding sale of equity that he has received from the CBI after the court’s direction last November. The file was seized by the CBI in October 2009, but the agency did not place it on record with the chargesheet in the 2G case.
Swamy was allowed by the trial court Dec 8, 2011 to lead the evidence on his plea seeking Chidambaram’s prosecution. Swmay has sought to prosecute Chidambaram for various offences including criminal misconduct, under the Prevention of Corruption Act and other criminal laws. He says Chidambaran is also guilty of breaching national security by not disclosing the fact that Etisalat and Telenor, who had recieved the licenses, were blacklisted companies.
Swamy has also alleged that despite being ineligible, Unitech Wireless and Swan Telecom were awarded licences and were allowed to offload their shares to Etisalat and Telenor. Raja is among the 14 people, including corporate honchos, who have been arrested in the scam. Kanimozhi, a DMK Rajya Sabha member and daughter of former Tamil Nadu chief minister M. Karunanidhi, was also arrested in the case.