The CBI on Tuesday told the Supreme Court that it was against an investigation into the new documents on the Home Minister Mr P Chidambaram’s alleged role in the 2G spectrum case.
The CBI counsel Mr K K Venugopal objected to the Centre’s submission before the apex court that the agency will consider the new documents. He said that since the agency was an autonomous and independent body, no one can put words into its mouth or give instructions to it on what should be done.
The CBI said the new documents form part of a large file examined by it and these documents are only stating the conclusion drawn from the other relevant documents. Therefore, the question of any further probe into the ‘new’ documents does not arise, it added.
Mr P P Rao, the counsel for the Centre, had in his submissions before the Supreme Court, said that the CBI will study and consider the new documents. He had said that the documents “may be covered” in the agency’s next status report before the apex court.
The apex court was hearing the Janata Party President Dr Subramanian Swamy's plea seeking the court’s directions to the CBI to investigate Mr Chidambaram's alleged role in the 2G case. Mr Chidambaram was the Finance Minister in 2008 when the 2G spectrum was allocated during Mr Raja's tenure as Telecom Minister.
Dr Swamy had submitted before the apex court the new documents including a Finance Ministry note ‘seen’ by the current Finance Minister Mr Pranab Mukherjee suggesting Mr Chidambaram's alleged complicity in the 2G scam.
Citing the documents on four meetings in 2008 between Mr Chidambaram and Mr Raja on the 2G spectrum licence pricing, Dr Swamy said the apex court should direct the CBI to probe whether there was an agreement between Mr Chidambaram and Mr Raja on these issues as well as on allowing foreign investment in the 2G spectrum licencees. “Mr Chidambaram was supposed to know what was going on and the CBI ought to have interrogated him on that,” Dr Swamy said.
Meanwhile, Mr Rao made further submissions saying that there shall be no further monitoring of the 2G case by the apex court as the charge sheet has already been filed by the CBI and the Special Court has taken cognisance of the case. He said now only the Special 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 charge sheet. However, in respect of other offences and transactions not covered by the order of cognisance of the Special Court, the apex court may continue monitoring the probe, he added.
The apex court will continue the hearing on the matter on Wednesday.
During the hearing, the counsel for Mr Raja, Mr Sushil Kumar, said the demand for probe into the new documents at this stage will only further delay the proceedings. He said the CBI was yet to give the accused a copy of several documents related to the case, thereby causing prejudice to the accused.
He also pointed out the Special Court has deferred to October 12 the hearing on a complaint by Dr Swamy to make Mr Chidambaram an accused in the case. All this is resulting in further delay, he said and asked the apex court to consider the plight of the accused including Mr Raja who is in jail for the past several months. The apex court said it was not inclined to pass any order on this plea and will consider it only at an appropriate stage.