The Supreme Court will on Tuesday resume hearing on a plea by Janata Party president Subramanian Swamy seeking an investigation into Home Minister P Chidambaram's role in the 2G spectrum allocation scam.
Chidambaram’s role as the then finance minister in deciding the pricing of the second generation (2G) spectrum allocated in 2008 has come under scanner, following the emergence of a Finance Ministry note, sent to the Prime Minister’s Office on March 25 this year. The note, prepared by a Finance Ministry official and reportedly seen by current Finance Minister Pranab Mukherjee, stated had Chidambaram insisted the allocation of 2G spectrum in 2008 at 2001 prices could have been stopped, thus preventing the Rs 1.76 lakh crore loss caused to the exchequer.
The note, brought to light by Swamy and accessed through an RTI application, highlighted the growing discord within two senior UPA ministers.
Amid the raging storm, both Chidambaram and Mukherjee met Congress president Sonia Gandhi yesterday but refused to say anything. Sources however said Chidambaram offered to resign during his meeting with Gandhi. He had also, reportedly, offered to quit in a telephonic conversation with the PM last week.
Mukherjee, who returned from the US yesterday, said he will comment on the issue only after Prime Minister Manmohan Singh is back in the country. Singh, who was also in the US to attend the annual UN General Assembly session, is currently on his way back to the country and is expected to arrive later today.
Mukherjee had an unscheduled meeting with the PM in New York to discuss the same issue, but did not clarify his position.
Meanwhile, the CBI had last week opposed in the SC that Chidambaram's role in the 2G spectrum pricing be probed.
The apex court bench of Justice GS Singhvi and Justice AK Ganguly was told that once the CBI had completed the probe and the special trial court was holding hearing on the framing of charges, the apex court could not direct the investigating agency to undertake a fresh probe in the matter.
Appearing for the CBI, senior counsel KK Venugopal told the apex court that Swamy's application seeking "investigation of the case in a particular manner or disposal of a case in a particular manner is not maintainable".
As Swamy said that the "CBI was determined to give clean chit to Chidambaram", Venugopal told the court that "what is being argued by Dr Swamy was beyond the jurisdiction of this (apex) court" and "I will contest its maintainability".
The apex court did not appear to be in agreement with Venugopal's argument that no direction for investigation could be issued as the probe had been completed and chargesheet had been filed before the special court.
The court said that so long as the charges had not been framed and trial had not commenced, the investigating agency could be asked to carry out further probe in the light of new material.
Swamy, on his part, said that he moved the apex court for a CBI probe on Chidambaram's role in fixing the price of 2G licences as the special court had no jurisdiction to direct the CBI to conduct investigation.
Swamy referred to four meetings, three of which were between Chidambaram and former communications minister A Raja and one the two had with PM Singh, to determine the 2G licence price.
He referred to December 16, 2010, direction of the apex court which directed the CBI to investigate all angles of the scam and probe people irrespective of their status and standing.
Chidambaram’s role as the then finance minister in deciding the pricing of the second generation (2G) spectrum allocated in 2008 has come under scanner, following the emergence of a Finance Ministry note, sent to the Prime Minister’s Office on March 25 this year. The note, prepared by a Finance Ministry official and reportedly seen by current Finance Minister Pranab Mukherjee, stated had Chidambaram insisted the allocation of 2G spectrum in 2008 at 2001 prices could have been stopped, thus preventing the Rs 1.76 lakh crore loss caused to the exchequer.
The note, brought to light by Swamy and accessed through an RTI application, highlighted the growing discord within two senior UPA ministers.
Amid the raging storm, both Chidambaram and Mukherjee met Congress president Sonia Gandhi yesterday but refused to say anything. Sources however said Chidambaram offered to resign during his meeting with Gandhi. He had also, reportedly, offered to quit in a telephonic conversation with the PM last week.
Mukherjee, who returned from the US yesterday, said he will comment on the issue only after Prime Minister Manmohan Singh is back in the country. Singh, who was also in the US to attend the annual UN General Assembly session, is currently on his way back to the country and is expected to arrive later today.
Mukherjee had an unscheduled meeting with the PM in New York to discuss the same issue, but did not clarify his position.
Meanwhile, the CBI had last week opposed in the SC that Chidambaram's role in the 2G spectrum pricing be probed.
The apex court bench of Justice GS Singhvi and Justice AK Ganguly was told that once the CBI had completed the probe and the special trial court was holding hearing on the framing of charges, the apex court could not direct the investigating agency to undertake a fresh probe in the matter.
Appearing for the CBI, senior counsel KK Venugopal told the apex court that Swamy's application seeking "investigation of the case in a particular manner or disposal of a case in a particular manner is not maintainable".
As Swamy said that the "CBI was determined to give clean chit to Chidambaram", Venugopal told the court that "what is being argued by Dr Swamy was beyond the jurisdiction of this (apex) court" and "I will contest its maintainability".
The apex court did not appear to be in agreement with Venugopal's argument that no direction for investigation could be issued as the probe had been completed and chargesheet had been filed before the special court.
The court said that so long as the charges had not been framed and trial had not commenced, the investigating agency could be asked to carry out further probe in the light of new material.
Swamy, on his part, said that he moved the apex court for a CBI probe on Chidambaram's role in fixing the price of 2G licences as the special court had no jurisdiction to direct the CBI to conduct investigation.
Swamy referred to four meetings, three of which were between Chidambaram and former communications minister A Raja and one the two had with PM Singh, to determine the 2G licence price.
He referred to December 16, 2010, direction of the apex court which directed the CBI to investigate all angles of the scam and probe people irrespective of their status and standing.
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