The Supreme Court on Monday reserved its order on two applications related to the 2G spectrum case – one seeking the court's directions to the CBI to investigate the Home Minister Mr P Chidambaram’s alleged role in the case; and another for setting up a Special Investigation Team (SIT) to monitor the CBI probe in the matter on a day-to-day basis.

The Janata Party President Dr Subramanian Swamy, who had filed the application for CBI investigation into Mr Chidambaram’s alleged role in the 2G case, submitted fresh documents to the apex court as ‘proof’ to show that Mr Chidambaram – as the Finance Minister in 2007-08 -- was aware about everything regarding the 2G spectrum allocation during Mr A Raja’s tenure as Telecom Minister. The CBI had opposed Dr Swamy’s plea.

The plea for SIT to monitor the CBI probe was made by an NGO - Centre for Public Interest Litigation (CPIL), represented by advocate Mr Prashant Bhushan. The CPIL, in a submission before the apex court, claimed that though the Prime Minister Dr Manmohan Singh had favoured auction of the 2G spectrum, Mr Raja and Mr Chidambaram jointly decided on spectrum pricing and allowed the licenses to be traded, and conveyed their decision to the Prime Minister.

Citing a media report, the CPIL said it reveals as to how Mr Chidambaram overruled the Finance Ministry officials. It alleged that the CBI has given a clean-chit to Mr Chidambaram without investigating the ‘evidence’ against him.

Meanwhile, senior advocate Mr P P Rao, representing the Centre, told the apex court that the applications of Dr Swamy and CPIL were based on assumptions and incomplete facts. Mr Rao, in his submissions, said open court hearings and the media coverage of these applications were causing irreparable loss to all concerned and is retarding the pace of investigation.

Therefore, “it would be in public interest (for the court) to monitor further investigation in respect of the offences not yet taken cognizance of in (the judges') Chambers,” he added. To this, the court said it is up to the Centre to make a formal application for such an in-camera hearing.

DESTABILISE SYSTEM

Mr Bhushan said he was “alarmed by the Centre’s submissions that if the court were to pass an order directing an investigation by the CBI against Mr Chidambaram, it will destabilise the system.”

Alleging that there are several problems in the CBI investigation, he said if these are not rectified now, it may cause the prosecution case to collapse against the existing accused and also result in real big players and beneficiaries who caused this scam to get away. Therefore, the apex court should appoint 2 or 3 persons with impeccable integrity and experience to supervise the 2G probe on a day-to-day basis, he added.

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