2G scam: SC dismisses Swamy’s plea against Chidambaram

The petition was filed by Janata Party chief Subramanian Swamy seeking a direction for a probe against Chidambaram and for making him a co-accused along with former Telecom Minister A Raja.

Dismissing his plea,the Bench said,criminal conspiracy cannot be inferred merely on the suspicion that there was a meeting for taking decision between the officials of department of telecom and two ministers–Raja and Chidambaram,who was then also Finance Minister.

The Bench said there was “no prima facie material” that Chidambaram got any pecuniary benefit nor was there any material on record to prove that he,as the then Finance Minister,abused his official position.

The judges said that the poor management in allocation of spectrum cannot be said to be a product of criminal conspiracy.

This is the second time a judicial relief has come for Chidambaram after a Delhi court on February 4 this year had dismissed a plea of a co-accused in the 2G case.

Special CBI Judge O P Saini had held that Chidambaram had not indulged in any criminal conspiracy or derived any pecuniary advantage in the decisions taken with Raja.

Giving a clean chit to the finance minister in the allocation of 2G spectrum in 2008,Saini had said Chidambaram was party to only two decisions keeping spectrum prices at 2001 level and dilution of equity by two companies which “are not per se criminal”.

The decision of the apex court came on the petitions filed by Swamy and an NGO Centre for Public Interest Litigation.

The court had reserved its order on April 24 on the maintainability of the plea for probe against Chidambaram in the 2G case.

Swamy had moved the apex court on February 23 challenging the trial court order refusing to make Chidambaram an accused in the case.

Swamy,in his appeal,had contended that the Special CBI Court erred in its order and had alleged that Chidambaram was equally culpable like Raja as he also had a role in deciding the spectrum pricing and allowing telecom companies to off-load shares to foreign firms.

He had said the evidence brought before the trial court was sufficient to show that Chidambaram,as the then finance minister,had prima facie committed offences under the Prevention of Corruption Act and other criminal laws.

The application filed by the NGO,submitted that a “thorough investigation” was required to probe the role of Chidambaram,who was the Finance Minister when spectrum was allocated to telecom companies during the tenure of A Raja as Telecom Minister in 2008.

UPA govt’s stand vindicated: Ministers on SC verdict

With the Supreme Court dismissing a plea against Finance Minister P Chidambaram in the 2G case,his Cabinet colleagues on Friday said the UPA government stood vindicated on the issue and it was time the Opposition stopped targeting him.

We all respect the judgements of the Supreme Court. It may so happen that at times the apex court rejects our plea or at times accepts it. The decision should be welcomed by all. We are of course satisfied with the verdict. The court has granted relief to a learned colleague of ours, Law Minister Salman Khurshid said.

People have a right to move a court,but when it gives a decision,it should be respected by all,he said outside Parliament.

HRD Minister Kapil Sibal,I have told you before that Chidambaram was innocent. Because we knew what was the reality and today it was proved that Chidambaram was innocent and he had no hand in it.

That time (Janata Party chief Subramanian) Swamy had stated that these people from the government are illiterate who are saying this. I do not know who are illiterate because now the Supreme Court has proved it.

Sibal said,There was no case against him. There was no evidence. It is all politically motivated.

On Swamy stating that he will seek a review of the judgement,Sibal said he would continue to file review petitions as it was his business.

Health Minister Ghulam Nabi Azad dubbed the stand of the Opposition against Chidambaram as unjust and said the view of the government stood vindicated.

So far as Chidambaram’s case is concerned,the Opposition did not allow Parliament to function because they wanted some investigation. Ultimately,the stand of the government and the stand taken by Chidambaram has been vindicated, he said.

Corporate Affairs Minister M Veerappa Moily said the judgement shows the stand of the Opposition was unwarranted.

Home Minister Sushilkumar Shinde said he would react after going through the judgement. I will find out and then I will react, he said.

Chidambaram constitutionally,politically accountable: BJP

New Delhi: As the Supreme Court dismissed a plea for making Finance Minister P Chidambaram a co-accused in 2G case,BJP today said that he remains “constitutionally and politically accountable” as the nation suffered a loss in spectrum pricing in 2008.

“The loss has been caused to the government. Chidambaram was a part of the decision-making process. He is constitutionally accountable,remains politically accountable and that is what we are seeking inside Parliament and will continue to seek in JPC,” BJP’s chief spokesperson Ravi Shankar Prasad said.

He said this in the backdrop of the Supreme Court today dismissing a plea for making him a co-accused in the 2G case,saying there was no prima facie material against him of any criminal conspiracy or procuring of any pecuniary gain.

Highlighting the huge difference in the pricing of 2G Spectrum in 2008 and 2012,Prasad said this showed that there was a loss to the government.

He said Chidambaram was very much a part of the decision- making process in fixing the Spectrum price along with A Raja “disregarding” the advice of Finance Ministry’s officials for auctioning the Spectrum.

“It is well known that the base price of 2G in 2008 was determined at Rs 1,600-odd crores disregarding the advice of Finance Ministry officials to go for auction. In 2012,when the market conditions are adverse the base price of 2G Spectrum has been fixed at Rs 14,000 crore by a Group of Ministers headed by Chidambaram.

“Certainly I would like to know and highlight this for the country that has the country suffered a revenue loss or not in 2008,as said by Finance Ministry officials,that a proper bidding procedure should have been adopted. Therefore,the loss has been caused to the government,” Prasad maintained.

On the Supreme Court judgement in 2G case,Prasad said,”The Hon’ble Supreme Court has given a judgement and I have nothing particular to say about the judgement except that we will go through the entire order. But certain issues are quite glaring which need to be highlighted.”

He said,”Chidambaram as the Finance minister was involved along with the then Telecom Minister A Raja in the determination of 2G Spectrum pricing. Dr Manmohan Singh in Parliament in our presence has stated that Raja and Chidambaram came on the same page with regard to spectrum pricing. I accepted that.”