In a major relief to the UPA Government at the Centre, a Special Court on Saturday dismissed a plea by the Janata Party President, Dr Subramanian Swamy, to make the Home Minister, Mr P. Chidambaram, a co-accused in the 2G case, owing to ‘lack of evidence'.
At long last, the Government has something to cheer about, after suffering a series of embarrassments following the Supreme Court judgments on 2G licences, the Vodafone tax case and grant of sanction to prosecute corrupt public servants.
Mr Chidambaram was the Finance Minister when 2G licences were allocated in 2008 during the tenure of the then Telecom Minister, Mr A. Raja, who is facing trial in the 2G case.
A ‘surprised' but unfazed Dr Swamy swore that he would immediately move the Supreme Court against the Special Court's order.
No evidence
The Special Judge, Mr O. P. Saini, after going through the ‘evidence' placed on record by Dr Swamy, said: “In the end, Mr. P. Chidambaram was party to only two decisions — keeping the spectrum prices (in 2008) at 2001 level; and dilution of equity by the two companies (Swan Telecom and Unitech Wireless, which had obtained the 2G licence).”
“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,” the Special Court held.
Dr Swamy had alleged that Mr Chidambaram had “conspired” with Mr A. Raja in taking these two decisions and therefore was ‘equally guilty'.
But the Court said there was “no evidence on record” to show that Mr Chidambaram was acting in pursuit to the criminal conspiracy, while being party to the two decisions.
“I do not find any sufficient ground for proceeding against Mr P. Chidambaram. The plea is without any merit and the same is dismissed,” the judge said, giving the Home Minister a clean chit.
The court found no material on record to suggest that Mr Chidambaram was acting with corrupt or illegal motives or was in abuse of his official position, while consenting to the two decisions.
“There is no evidence on record to suggest that there was an agreement between him (Mr P. Chidambaram) and Mr Raja to subvert telecom policy and obtain pecuniary advantage for himself (Mr Chidambaram) or for any other person. I may add that there is such incriminating material against other accused persons (including Mr Raja), who stand charged and are facing trial,” it said.