The Janata Party President, Dr Subramanian Swamy, on Thursday moved the Supreme Court against the Special Court's order which had dismissed his plea to make the Home Minister, Mr P. Chidambaram, an accused in the 2G case.
Dr Swamy had alleged that Mr Chidambaram – who was the Finance Minister during the tenure of the then Telecom Minister Mr A. Raja in 2008 when the 2G licences were allocated – was ‘equally guilty' as Mr Raja.
This, Dr Swamy alleged, was because Mr Chidambaram “conspired” with Mr A. Raja in taking two decisions: (a) on keeping the 2G spectrum prices (in 2008) at 2001 level; and (b) allowing dilution of equity by the two companies – Swan Telecom and Unitech Wireless, which had obtained the 2G licence – even before roll-out of their services.
However, the Special Court on February 4 had rejected Dr Swamy's plea due to ‘lack of evidence'. The Special Court had said, “These two acts (allegedly committed by Mr Chidambaram) are not per se criminal. In the absence of any other incriminating act on his part, it cannot be said that he (Mr Chidambaram) was prima facie party to the criminal conspiracy,” the Special Court held.
“There is no evidence on record to suggest that there was an agreement between him (Mr 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,” the Special Judge Mr O.P. Saini had said.
However, Dr Swamy said it was wrong in law to say that the element of criminality should be proved at a pre-trial stage. He said he will ask the apex court for an early hearing in the matter.
The Supreme Court had on February 2 in effect chose to leave it to a Special Court to take a decision on a probe into Mr Chidambaram's alleged role in the 2G case.