Swamy's plea on Chidambaram without merit, says CBI court
SC on Thursday had directed the trial court to decide on whether a probe against Chidambaram should be ordered in the 2G spectrum scam case or not
BS Reporter / New Delhi Feb 05, 2012, 00:55 IST
After what seemed like an unending wait, Special CBI judge O P Saini read out the verdict that the world was waiting for. The crowd, mainly media, outside the district court (Patiala House) in the capital was busy speculating since morning on the many possible orders that the judge could pronounce in the case, but finally around 1.30 pm Saini dismissed the petition filed by Janata Party leader Subramanian Swamy.
Saini told a packed court room that the plea was without merit and the same was dismissed. Calling Chidambaram’s act of keeping spectrum prices at the level fixed in 2001 and his decision on allowing dilution of equity by two licencees (Unitech and Swan) ‘innocent and innocuous’, Saini said that there was no evidence on record that he was acting in pursuit of a criminal conspiracy. (MEN BEHIND SUPREME COURT PETITION ON 2G)
Saini’s courtroom opened its doors to the journalists, who were waiting along with Swamy, for long. While Swamy and his wife Roxna, an eminent lawyer, were allowed inside the courtroom ahead of the verdict. Media followed in a while. Swamy said he would challenge on Saturday’s order in the Supreme Court within a month. Supreme Court on Thursday had directed the trial court to decide on whether a probe against Chidambaram should be ordered in the 2G spectrum scam case since the matter was pending there.
NO EVIDENCE OF LINK BETWEEN RAJA & PC TO SUBVERT TELECOM POLICY
Excerpts from the CBI Special Court order dismissing Swamy's petition on Chidambaram's role in the 2G case
* A bare perusal of the allegations and the evidence…reveals that neither are there any allegations nor evidence against P Chidambaram to the effect that he played any role in the subversion of the process of issuance of letters of intent, UAS (unified access service) licences and allocation of spectrum in the years 2007-08
* P Chidambaram agreed that it would be the price as discovered in 2001 and also told A Raja that there is no need to revisit the same. This decision was subsequently conveyed to the PM also. To that extent there is material on record
* There is no material on record to show that P Chidambaram was acting malafide in fixing the price of spectrum at the 2001 level or in permitting dilution of equity by the two companies . A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer or resulted in pecuniary advantage to others. Merely attending meetings and taking decisions therein is not a criminal act...I may add that there is such incriminating material against other accused persons who stand charged and are facing trial
* There is no evidence on record to suggest that there was an agreement between him and Raja to subvert telecom policy
* In the end, P Chidambaram was party to only two decisions that is keeping the spectrum prices at 2001 level and dilution of equity by the two companies. These two acts are not per se criminal. In the absence of any other incriminating act on his part, it cannot be said that he was prima facie party to the criminal conspiracy. There is no evidence on record that he was acting in pursuit to the criminal conspiracy while being party to the 2 decisions
Giving a clean chit to the home minister, Saini said the two decisions taken by Chidambaram do not make him a partner in crime. “A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer or resulted in pecuniary advantage to others,” the judge said. In his 65 page order in this matter Saini also said that no record suggests that there was any agreement between Chidambaram and Raja. “One cannot be held guilty merely association with a decision and a decision itself does not indicate criminality. There must be something more than mere association,” he added. Quashing Swamy’s complaint, Saini noted a bit of evidence here and a bit there does not constitute prima facie evidence. Saini said further plea of Swamy will be heard on March 17.
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