Justice (retd.) Asok Kumar Ganguly, who along with Justice G.S. Singhvi, cancelled 122 2G licences, on Saturday refused to comment on the CBI court's decision to throw out Janata Party president Subramaniam Swamy's plea to make Union Home Minister P. Chidambaram an accused in the case.

Justice Ganguly, who demitted office on Friday after delivering the crucial judgement, said, “I don't want to say anything on the lower court's decision...because that might be decided in a higher court.”

On the government's perceived inaction in the 2G scam, Justice Ganguly said: “It is difficult to know why the government didn't auction. We have now given guidelines. We hope government follows that.”

Asked whether Mr. Raja was being made a scapegoat, the former apex court judge said he had no inkling about it. “We don't know who is being protected. We have come to a conclusion [judgment].”

Justice Ganguly, however, said sanction for the prosecution of corrupt officials must be seriously considered as otherwise it would erode people's confidence in the rule of law. “Protection is given to a public official to work fearlessly. But when prima facie cases exist against public officials, grant of sanction should be seriously considered."

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