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This is an archive article published on June 27, 2018

Aircel-Maxis case: Centre to decide whether ED officer facing corruption allegations should continue probe, says SC

While hearing a plea against Singh, the top court observed that issues related to the 2G Spectrum case were "highly sensitive" and no officer probing the case should be "under any cloud".

aircel maxis case, 2g spectrum case, aircel maxis supreme court, subramanian swamy, Rajeshwar Singh, ed officer aircel maxis The bench, after perusing the documents placed before it in a sealed cover, said sensitive issues were involved in the matter. Express Photo by Amit Mehra

The Supreme Court has left it to the Centre to decide whether senior Enforcement Directorate (ED) official Rajeshwar Singh should continue to be part of the agency’s probe into the Aircel-Maxis case. The apex court passed the order on Wednesday while hearing a petition seeking an enquiry into the alleged disproportionate assets held by Singh. “It will be the government’s call whether Rajeshwar Singh will have any role to play in further probe in Aircel Maxis case,” the bench said.

Referring to the Centre’s affidavit, the SC bench said the administration does not intend to protect anybody in the case. The bench also modified its interim order granting protection to Singh against inquiry.

Before passing its judgment, the top court observed that issues related to the 2G Spectrum case were “highly sensitive” and no officer probing the case should be “under any cloud”.

While expressing its willingness to probe allegations of disproportionate assets against Rajeshwar Singh, the top court said the allegations, whether right or wrong, will have to be looked into. The court told Singh that since he is simply an officer so he can’t be given a clean chit. “Everybody is accountable,” the court told him.

A vacation bench comprising Justices Arun Mishra and S K Kaul heard the plea filed by one Rajneesh Kapur, who has alleged that ED officer Singh of amassing disproportionate wealth. BJP leader Subramanian Swamy has also moved the top court seeking its permission to implead himself as a party in the plea filed by Kapur.

On Tuesday, the same bench had adjourned the hearing as petitioner Kapur was not represented. The bench had asked Swamy to submit a copy of his application to Kapur and inform him personally that the matter will be considered on June 27.

During the hearing today, the Centre placed a communication before the court in a sealed cover. The court observed that sensitive issues are involved in the matter. “As a matter of fact, when there are allegations, whether right or wrong against you (Singh) it has to be looked into,” the bench said, adding “the things which have come before us are startling.”

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“You are simply an officer. You can’t be given a blanket clean chit. Everybody is accountable. You must be accountable for any action. We need to ensure that you are accountable. We don’t want to damage you or comment against you. There are very serious allegations against you,” the bench told the officer.

On Tuesday, BJP leader Subramanian Swamy told the SC bench that the averments in Kapur’s petition were similar to what was raised before the court in 2011. The court had dealt with those in the 2G spectrum allocation scam case and asked the officer to continue, Swamy submitted.

On March 12, the apex court had set a deadline of six months for the CBI and the ED to complete the investigation into the alleged irregularities in FIPB approval given in the Aircel-Maxis deal case in which former finance minister P Chidambaram and his son Karti have been questioned by probe agencies.

-With inputs from PTI

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