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Monday, July 16, 2018

SC: Not proper to direct CBI on probe against Chidambaram

The CBI filed a chargesheet in April,2011 followed by a supplementary one in August,2011

Written by Express News Service | New Delhi | Published: February 3, 2012 2:35:18 am

Observing that Janata Party chief Subramanian Swamy is already appearing in person before the special court and has sought a direction to summon Home Minister P Chidambaram in connection with the 2G case,the Supreme Court said that it was “not proper” for it now to issue a “mandate” to the CBI to investigate the home minister.

The bench reached this conclusion while passing orders on a plea made by Swamy to direct the CBI to investigate Chidambaram’s alleged role in the 2G case.

The court,however,said that its order today shall not “in any manner prejudicially affect the applicant’s case in the matter pending before the Special Judge,CBI”.

It added that special judge O P Saini “shall decide the applications already filed by him (Swamy) or which he may file in future without being influenced by this order”.

The court said it found no merit in the argument of senior advocate P P Rao,representing the centre,that the monitoring of the 2G case should be stopped because the CBI has already filed chargesheets in the special court.

The CBI filed a chargesheet in April,2011 followed by a supplementary one in August,2011.

The court noted that both CBI and the ED have already filed reports showing progress in their 2G probe.

In a separate order dealing with a petition demanding monitoring of the CBI investigation by “independent persons”,the bench directed the Central Vigilance Commissioner and a senior vigilance commissioner to render “ assistance to the Court in effectively monitoring the further investigation of the case”.

It was careful to add that this was no slur on the nature of the ongoing probe into the case.

“Although,initially the CBI may not have taken up the matter relating to investigation of 2G case with requisite seriousness,after December 16,2010,it has satisfactorily conducted the investigation,” the court said. “Therefore,there is no justification to appoint a group of persons to directly or indirectly scrutinise or supervise the further investigation being conducted by the CBI and other agencies”.

The direction for assistance from the vigilance section was,the court said,merely “keeping in view the nature of the case and involvement of large number of influential persons”.

“The aforesaid direction shall not in any manner be construed as a reflection on the integrity of the investigation so far done by the team of CBI and other investigating agency or which may be done in future or their competence to effectively perform the job in relation to 2G case,” the court said.

The court ordered that in future,copies of the probe reports in the case will be handed over by the investigating agencies to Central Vigilance Commissioner in sealed envelopes,and both the Central Vigilance Commissioner and the Senior Vigilance Commissioner shall examine the reports and send their observations/suggestions to the Supreme Court in sealed envelopes within a week.

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