Subramanian Swamy names Karunanidhi as co-accused in 2G case

Janata Party president Subramanian Swamy Saturday named Tamil Nadu Chief Minister and DMK chief M. Karunanidhi as a co-accused along with former communications minister A. Raja in the 2G spectrum scam in his complaint to a CBI court here.

“I have named DMK chief Karunanidhi as a co-accused along with Raja in the matter and many more names will be added,” Swamy told the court.

He said the matter is wider than the CBI investigation and in the “nation’s interest”.

The court asked the probe agency to file its detailed report of the investigation and also whether it covers the aspect of national security as raised by Swamy.

Central Bureau of Investigation (CBI) judge Pradeep Chaddha issued notice to the CBI seeking prosecution of Raja in the 2G spectrum case.

The notice has been issued for Feb 22.

The order came on a private complaint filed by Swamy seeking registration of a criminal case against Raja for his alleged role in the scam, which, according to the Comptroller and Auditor General (CAG), caused a presumptive loss of Rs.1.76 lakh crore to the exchequer.

Meanwhile, the CAG has submitted a detailed report in the scam.

Raja and two of his aides were arrested here Wednesday for their suspected role in the allocation of airwaves for second generation (2G) phone services, billed as the country’s biggest corruption scandal to date.

Swamy moves court against Sibal’s attack on CAG

Janata Party president Subramanian Swamy Friday moved the Supreme Court against the ”intemperate and uncalled for public attack” by Communications Minister Kapil Sibal on the ”CAG methodology”for calculating the loss in allocating 2G spectrum in 2008 at 2001 prices.

Swamy said that the way Sibal has led the attack on the CAG methodology for calculating the losses suffered by the government may “prejudice the CBI investigations and cause an obstruction to justice”.

His application pleaded that the court should “ensure that the said CBI inquiry is carried out without interference for which purpose the monitoring was directed by this hon’ble court. Nothing must permit the slightest derogation from that objective”.

The manner in which Sibal has criticized the approach of the CAG in estimating the loss “tantamount to ridiculing the CAG, an institution enshrined in the Constitution”, Dr. Swamy said.

“The telecom minister has even gone to the extent of issuing a veiled warning of a breach of secrecy on the part of the CAG, thereby intending to overawe an institution constitutionally empowered to oversee the finances of the government,” the application read.

The application said that it was evident from Sibal’s “considered view” “that in fact there was little or no wrongdoing, and hence whatever had gone wrong could be set right with a small fine”.

In pursuance of this thinking, Swamy said that the ministry has already collected Rs.73.73 crores as penalty by way of liquidated damages for certain infractions of the issued licenses. It is apprehended that further such adjudication by the ministry may be carried out.

Thus the money that would be collected, (around Rs. 219 crores at the highest) may not be even one percent of what these licenses would have fetched in the open market even by conservative estimates, he argued.

The application further pleaded the court to direct that all such and further adjudication by the ministry not be carried out except under the supervision of the apex court, and all the actions of the ministry in respect of 2G spectrum be subject to the orders of the apex court and its final verdict in this matter.

Swamy said that though the matter was still pending before the apex court, Sibal was talking about putting in place the new National Telecom Policy within a 100 days.

Court upholds Swamy’s plea against Raja

A Delhi court today held as ”maintainable” Janata Party president Subramanian Swamy’s private complaint to prosecute former Telecom Minister A Raja in the 2G scam and began the process of recording depositions and examining evidence for summoning the accused. 

“I am of the opinion that complaint as such is maintainable,” Special CBI Judge Pradeep Chaddah said, beginning the court proceedings on Swamy’s complaint for Raja’s prosecution for allegedly causing a loss of Rs 1.76 lakh crores to the public exchequer in allocation of 2G spectrum.

“I have gone through the complaint and the bunch of annexure and supporting documents. I am of the view that this complaint is maintainable and the proceedings will continue,” Chaddah said, while asking Swamy to have his statement recorded with the court as per the provisions of the Criminal Procedure Code.

“We will not hesitate in issuing process against the accused if prima facie sufficient material is brought on the record,” the judge said.

While recording his statement as a complainant, Swamy again referred to his plea to summon Raja and detailed the sequence of events and the alleged criminal culpability involved in the award of 122 telecom licenses on January 11, 2008.

“In view of all the statements and the documents, contained in detail in my 375-pages complaint, a strong prime facie case is made out against former Telecom Minister A Raja,” testified Swamy.

“They are also confirmed by the findings of the CAG report which necessities the cognisance of my complaint and setting of the process under the CrPC for a proper prosecution of the matter,” he said.

During the hour-long court proceeding, Swamy also presented various documents to support his complaint, pleading that it be taken note of and summons or non-bailable warrant be issued to Raja.

After Swamy’s deposition, the court adjourned the matter to February 5 for recording the testimonies of other witnesses, which as per Swamy’s complaint, includes various CAG officials who have to testify to the authenticity of the CAG report on the 2G spectrum allocation scam.

Earlier, after pronouncing Swamy’s complaint as maintainable, the court spelled out the modalities of further proceedings saying first of all Swamy will have to depose as a complainant in the case and then only his plea seeking appointment as a deemed public prosecutor, could be decided.

“You cannot assume the roles of a complainant and a public prosecutor simultaneously,” the judge said.

The prayer included Swamy’s plea for taking cognisance of his complaint and summoning of Raja to take the case involving a fraud of Rs 1.76 lakh crore to its logical conclusion.

As per the second prayer, Swamy wanted the court to appoint him “as a deemed public prosecutor under the provisions of the Prevention of Corruption Act.”

As per his third prayer, Swamy wanted the court’s directions to investigating agencies like the Central Bureau of Investigation and the Enforcement Directorate to assist him in conducting prosecution and in the further investigation into the scam.

Explaining his rationale to the court for filing his private complaint before it, Swamy had said that though the CBI has registered an FIR in the matter, it has named no body as an accused.

Quoting from the CAG report, he had alleged that Raja committed fraud by adopting the first-come-first-served basis in allocating the spectrum to ineligible companies.

85 out of 122 licenses which were awarded to various companies were illegal, Swamy had said, adding that the figure of Rs 1.76 lakh crore has been arrived at by the CAG after computing the losses in allocation of the spectrum.

In his complaint for prosecution of Raja filed under section 190 of the Criminal Procedure Code (CrPC), Swamy also sought directions to the investigative agencies to find out the co-conspirators and other accused in the scam.