The Centre on Thursday told the Supreme Court that the new documents filed before it will be studied and considered by the CBI. The matter "may be covered in the next status report" by the CBI before the apex court, Mr P P Rao, the counsel for the Centre, told the apex court.
The new documents were filed before the apex court by the Janata Party President Dr Subramanian Swamy on Wednesday as ‘proof’ of the Home Minister Mr P Chidambaram’s alleged role in the 2G spectrum case. Dr Swamy wants the apex court to direct the CBI to investigate Mr Chidambaram's alleged role and file a status report to the court.
Mr Chidambaram was the Finance Minister in 2008 when the 2G spectrum was allocated during the tenure of the then Telecom Minister, Mr A Raja. However, the CBI has told the court that Dr Swamy’s plea should not be entertained.
Mr Rao, in his submissions, added that, "Having regard to the investigation done so far to the satisfaction of the Supreme Court, there is no reason to think that the CBI will not now discharge its duty unless a direction is given by the highest court."
MONITORING DUE TO CORRUPTION
Meanwhile, Mr Rao said the apex court's task of monitoring the CBI probe should have ideally come to an end on the day (April 2, 2011) the agency filed the chargesheet in the 2G case before the Special Court. Thereafter the ordinary process of law would take over, he said citing several Supreme Court judgements to that effect.
He said since the Special Court has already taken cognisance of the 2G case, only that court -- and not the Supreme Court -- has the power to give further directions to the CBI regarding the probe or to proceed against any person not named as an accused in the chargesheet.
But the apex court took exception to this saying the monitoring became necessary because of the "emerging scenario of corruption in high offices" and due to the "widespread malice".
Responding to Mr Rao’s statement that the court should not cross the ‘Lakshman Rekha’ (of continuing to monitor the CBI probe even after the filing of the chargesheet), the Supreme Court said, "if Sita had not crossed Lakshman Rekha, then Ravan would not have been killed." Therefore, "The Lakshman Rekha’ is not that sacrosanct and that it only has a limited purpose," it added.
The court maintained that the CBI probe is still going on regarding the 'clandestine' transactions relating to the 2G case and therefore it cannot be said that the investigation is over and the court’s jurisdiction to monitor the probe has come to an end.
Earlier, Mr Venugopal, continuing his arguments against Dr Swamy’s petition, said the apex court should allow the system to continue as it is and step on only if the system fails. The apex court will hear the matter again on September 27.