SC dismisses Swamy's plea against Chidambaram
Friday August 24, 2012 12:04:23 PM,
IANS
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New Delhi: In major
relief for Finance Minister P. Chidambaram, the Supreme Court
Friday rejected Janata Party president Subramanian Swamy's plea to
make him co-accused along with former communications minister A.
Raja in the 2G spectrum allocation case.
Rejecting Swamy's plea, the apex court bench of Justices G.S.
Singhvi and S.K. Radhakrishnan said the material made available by
the petitioner did not support the allegation.
Swamy had moved the apex court challenging a Feb 4 order by a
trial court rejecting his plea to make Chidambaram co-accused and
seeking a Central Bureau of Investigation (CBI) probe against him.
Allegations of wrongdoing by Chidambaram, which has not been
accepted by the apex court, relates to his tenure as finance
minister during the first stint of the United Progressive Alliance
(UPA) government.
Pronouncing the judgment, Justice Radhakrishnan said on the basis
of the material placed on record, no prima facie case was made out
against Chidambaram for allegedly entering into a conspiracy with
Raja for allocating 2G licences in 2008 at 2001 prices.
The court said that a mere meeting between Chidambaram and Raja
could not be seen as a conspiracy. There is nothing to show that
Chidambaram abused his position to favour anybody, it said.
The court said there was nothing to show that Chidambaram allowed
dilution of equity by two cellular operators for any pecuniary
gain.
Rejecting the petition by Swamy and an application by NGO Centre
for Public Interest and Litigation (CPIL), the court said no wrong
has been proved against the finance minister.
Referring to the Department of Telecom (DoT) plea seeking another
extension of time for commencing the auction of 122 cancelled 2G
licences, the court said the affidavit should come from the DoT
secretary.
The court took exception to the fact that the affidavit was signed
by an undersecretary.
The government has sought time till Nov 12 for commencing the
auction of 2G licences and another 40 days for the completion and
allocation of licences.
The first extension given by the apex court ends Aug 31.
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