2G: selective targeting of Raja, allowing PC to escape. CBI investigation and SC oversight needed - Dr. Swamy to SC

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Uploaded by newsxlive on Feb 23, 2012

Janata Party President Subramanian Swamy filed a petition in the Supreme Court challenging the Delhi Court's decision to dismiss his plea to make Home Minister P Chidambaram as a co-accused in the 2G scam. Speaking exclusively to NewsX, Subramanian Swamy had to strong message for Chidambaram, challenging the Home Minister to 'cut losses and leave'.

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Published: February 23, 2012 19:34 IST | Updated: February 25, 2012 01:49 IST

Swamy moves Supreme Court for CBI probe against Chidambaram

J. Venkatesan

‘I have proved and submitted enough documents that make out a prima facie case’

Janata Party President Subramanian Swamy on Thursday moved the Supreme Court for a direction to order a Central Bureau of Investigation probe against Union Home Minister P. Chidambaram in the 2G spectrum allocation case.

Dr. Swamy has alleged that Mr. Chidambaram had a role in the decision-making process — during his tenure as Finance Minister along with the former Telecom Minister, A. Raja — in fixing spectrum prices.

The appeal by Dr. Swamy is directed against the special court's February 4 order rejecting his plea to direct the CBI to institute a probe against Mr. Chidambaram and to summon him as an accused in the case.

Dr. Swamy said he had proved and submitted enough documents which made out a prima facie case against Mr. Chidambaram. This was all that was required at the initial stage of the proceedings.

‘Detailed finding'

Assailing the special court's order, he said that despite having made a definite and detailed finding based on his documentation that Mr. Chidambaram was party to two decisions, “that is, keeping the spectrum prices at 2001 levels and dilution of equity by two companies — the two activities for which the main accused [Mr. A. Raja] has been charged, nevertheless the Special Judge held that these two acts are not per se criminal, and hence he rejected his [Swamy's] plea for making Mr. Chidambaram an accused in the trial of the 2G spectrum scam.”

Dr. Swamy said: “The prima facie evidence of criminal misconduct under Section 13(1)(ii)(iii) of the Prevention of Corruption Act, arising out of the joint determination of the low spectrum licence price and permitting the share dilution for Swan [Telecom] and Unitech even before roll-out enabled the two licensees who had no other asset than spectrum and under a corporate veil, thereby offloaded substantial shares representing several multiples of the price paid as entry fee for the licences.”

Dr. Swamy said it was evident from the findings in the judgment of the Special Judge that, at least prima facie, Mr. Chidambaram knew all the facts and circumstances and ramifications of the two decisions to which he was a party; and obviously for a complete trial in the instant matter there must be a CBI investigation into the manner in which these decisions were taken and what role was played by whom in taking these two decisions.

He said once the fact of Mr. Chidambaram's participation in these two crucial decisions was accepted, it became the judge's duty to direct investigation into his role.

Dr. Swamy prayed for a direction to set aside the trial court's order rejecting his plea in this regard.

http://www.thehindu.com/news/national/article2924501.ece

Swamy moves SC against special court order on PC

FRIDAY, 24 FEBRUARY 2012 00:33

PIONEER NEWS SERVICE | NEW DELHI

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Reviving his legal battle against arch-rival P Chidambaram, 2G scam crusader Subramanian Swamy on Thursday approached the  Supreme Court against the Special CBI Court order, which found no criminality on the part of the Home Minister in the Rs 1.76-lakh crore scam.

Swamy claimed the trial court order, which found no criminality in spectrum allocation and pricing on part of Chidambaram as Finance Minister in 2008, was an “error of judgement”. He demanded a thorough CBI probe into the alleged role of the Home Minister.

Arguing in his petition, Swamy said the trial court judge erred despite having made a definite and detailed finding that Chidambaram was party to two crucial decisions taken by jailed former Telecom Minister A Raja.

The Special CBI Court Judge OP Saini in his order on February 4 said that Chidambaram was party to the decision taken by Raja on fixing of prices at old rates and equity dilution by two companies.

Pointing out that Raja was charged exactly for these two decisions, Swamy contended that Chidambaram was equally responsible.

In his appeal questioning the trial court judgement, Swamy said the criminality of Chidambaram has to be proved in the trial stage not in the initial stage and criminality could be proved by ordering a CBI probe.

“It is evident from the findings in the judgement of the Special Judge, that prima facie at least, Chidambaram knew all the facts and circumstances and ramifications of the aforesaid two decisions to which he was a party; and obviously for a complete trial in the instant matter therefore there must be an investigation into the manner in which these decisions were taken and what role was played by Chidambaram,” said Swamy.

“All the judgements cited by the Special Judge deal with the standards of proof requisite at the final stage of trial, and that too in the most serious of cases, that of murder. But the present proceedings are not at this stage, nor do they deal with murder. The instant plea is made at the stage of making a party an accused party, even before the framing of charges. …..at this stage the petitioner is required to make out only a prima facie case for summoning a person as accused,” he said in the appeal.

Accusing CBI for selectively targeting Raja alone, the petitioner alleged that the investigating agency all the time was trying to give escape route to Chidambaram.

Swamy is expected to make a mention in the Supreme Court on Friday, demanding early hearing on the matter.

http://www.dailypioneer.com/nation/45130-swamy-moves-sc-against-special-court-order-on-pc.html