The Supreme Court on Thursday chose to leave it to a Special Court to take a decision on a probe into the Home Minister, Mr P. Chidambaram's alleged role in the 2G spectrum case.

Acting on a plea by the Janata Party President, Dr Subramanian Swamy, for such a probe, the apex court asked the Special Court (which was set up exclusively to hear the 2G case following the directions of the Supreme Court) to decide on the matter uninfluenced by anything mentioned in its (the apex court's) order.

The Special Court has already reserved its order for February 4 on a petition by Dr Swamy to make Mr Chidambaram a co-accused in the 2G case.

Mr Chidambaram was the Finance Minister when 2G licences were allocated in 2008 during Mr Raja's tenure. Mr Raja is currently facing trial in the 2G case.

Dr Swamy alleged that the evidence submitted by him before the court ‘shows' that Mr Chidambaram “colluded” with Mr Raja in fixing the price of the 2G spectrum licence and permitting Swan Telecom and Unitech Wireless (which obtained the 2G licence) to dilute their shares even before the roll-out of services. Therefore, Mr Chidambaram is “equally guilty” as Mr Raja, Dr Swamy had said.

The apex court also said, “..The observations made in this judgment shall not, in any manner, affect the pending investigation by the CBI, Directorate of Enforcement and others agencies or cause prejudice to those who are facing prosecution in the cases registered by the CBI or who may face prosecution on the basis of chargesheet(s) which may be filed by the CBI in future.”

Besides, it said, “..This judgment shall not prejudice any person in the action which may be taken by other investigating agencies under Income-Tax Act, 1961, Prevention of Money Laundering Act, 2002 and other similar statutes.”

> arun.s@thehindu.co.in

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