SC slams 2G probe: Minister still there,is this how govt works?

The Supreme Court today questioned the governments decision to continue with Communications and Information Technology Minister A Raja.

The Supreme Court today questioned the governments decision to continue with Communications and Information Technology Minister A Raja despite a year-old CBI probe into his alleged role in auctioning 2G spectrum at throwaway prices to private companies.

Justice A K Ganguly,who forms the Bench with Justice G S Singhvi in the case,voiced his skepticism at having the same minister continue during the hearing of a petition for the Supreme Court to either appoint a Special Investigation Team or directly monitor the CBI probe.

On September 13,the court had already issued notice to Raja and CBI on the petition.

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The judges remarks came after advocate Prashant Bhushan,representing PUCL,raised the issue of why investigation had not reached closure in the past year though the case against Raja was an open and shut one.

Referring to the allegations,Justice Ganguly addressed Additional Solicitor General (ASG) Harin Raval,appearing for the CBI,saying the nature of the complaint is serious. You have not done anything till now. The same minister is continuing.

Is this the way a government should function? Justice Ganguly asked.

The ASG,appearing in place of Solicitor General Gopal Subramanium who had reported sick,attempted to score a point for the CBI by pointing out that it had filed an FIR in the case on October 21,2009 a few days after the matter was referred to it by the Central Vigilance Commission on October 12.

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But one year has gone by… Your investigation has been slipshod. You have been dragging your feet, Justice Ganguly said.

On October 8,Subramanium had described the probe as a pan-Indian one involving multiple agencies.

Raval defended his clients position by highlighting the enormity of the material,the complexity of the material involved. We have a proper plan of action,a team of highly competent team of officers probing all aspects, he said.

So how long will you take… another 10 years? asked Justice Ganguly. The ASG assured the court of the probes completion in the next six months.

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Justice Ganguly asked Raval to explain the auction of the spectrum resource in 2007 at 2001 prices.

The query was in regard to an allegation the court is examining that Raja disregarded the advice of the Leader of Opposition,Ministries of Law,Finance and deliberations of the Department of Telecommunications to allocate 2G spectrum,considered a scarce finite national asset,at less than its true value to benefit a few operators.According to the latest draft CAG report,the said scam has caused a loss to the National Exchequer of Rs 1,39,652 crore and thereby a corresponding gain to few private persons and companies, the audit report was quoted by the petitioner in a short note filed earlier in court.

The report dated September 15,2010 said the entry fee for licences continued to be pegged at 2001 rates even in 2007 to favour spectrum allocation to ineligible companies.

Though Raval responded to the query saying he did not represent the Department of Telecommunications,senior advocate TR Andhyaarjuna,appearing for Raja,interjected at this point to play down the controversy. This is sensationalism… this Rs 70,000 crore quoted again and again. The CBI is seized of the matter and it should,in a time-phased manner,file a report, he said.

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He said that the DoTs replies to the CAG was only tentative and the allegations in court should not be based on a draft report.

Rajas lawyer highlighted how the CBI had acted quickly when they conducted a search of the department premises on October 22,the very next day after the FIR was filed.

The court directed the Solicitor General to respond to the allegations on November 15,while Justice Singhvi assured Andhyaarjuna that the court is hardly taken up by media reports.