The Supreme Court will deliver its verdict on Friday on the plea made by Janata Party president Subramanian Swamy and the Centre for Public Interest Litigation (CPIL) for a CBI probe into the alleged role of Union Finance Minister P. Chidambaram in the 2G spectrum scam.
A Bench of Justices G.S. Singhvi and K.S. Radhakrishnan reserved orders after hearing counsel for various parties.
Dr. Swamy wanted a probe into Mr. Chidambaram’s alleged role in the decision-making process during his previous tenure as Finance Minister, along with the then Telecom Minister, A. Raja, in fixing spectrum prices.
The trial court rejected Dr. Swamy’s plea to direct the CBI to institute an investigation against Mr. Chidambaram and to summon him as an accused. He filed an appeal.
Dr. Swamy said that in his private complaint he had submitted enough documents, which made out a prima facie case against Mr. Chidambaram, which was all that was required at the initial stage of the proceedings. 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 the 2001 level and dilution of equity by the two companies [the two precise activities for which the main accused, Mr. Raja, has been charged,], the Special Judge held that these two acts are per se not criminal.”
The petition by advocate Prashant Bhushan alleged that it had been established with facts and documents that the Finance Minister overruled the officers of his Ministry who favoured auction/market- based pricing of spectrum and instead allowed the scam to take place.
The CPIL said Mr. Chidambaram had in no time revised his position from giving away 4.4 MHz of spectrum at 2001 prices, to giving away 6.2 MHz at 2001 prices, forcing an additional loss on the exchequer.