New Delhi: In a huge relief for Home Minister P Chidambaram, a Delhi court on Saturday dismissed a petition by Janata Party President Subramanian Swamy seeking to make him a co-accused in the 2G spectrum case.
“Your prayer to summon Chidambaram as an accused is dismissed,” Special Judge O P Saini said on Swamy’s petition reading out from his much-awaited judgement.
The court said it will commence the hearing on the complaint filed by Swamy in which he had made further allegations against former Telecom Minister A Raja without making Chidambaram an accused from March 17.
Swamy, in his petition, had sought making Chidambaram a co-accused in the 2G case alleging that he was as culpable as Raja in determining the price of the spectrum. Reacting to the judgement, Swamy told PTI that he would approach the Delhi High Court with more evidence.
Swamy said he was “dissatisfied with the order but not disheartened”. Advocate Tarun Gombhar, who was assisting Swamy, said “as far as the evidence we had produced to the court, it was sufficient to make a prima facie case against Chidambaram. If this court was not satisfied, we will approach the high court”.
The Supreme Court on Thursday had refused to direct CBI to investigate the alleged role of Chidambaram leaving it to the Special Court trying the 2G case.
A bench of justices G S Singhvi and A K Ganguly, which asked the lower court not to get influenced by its decision, had also refused to direct CBI to “investigate Chidambaram”. The Special Judge, on January 21, had reserved the order for February 4 on the plea of Swamy.
Surprised by the Delhi court’s rejection of his plea to make Home Minister P Chidambaram a co-assused in the 2G scam, Janata Party chief Subramanian Swamy on Saturday said he has a “very very strong case” and will appeal against the order in higher courts.
“I am surprised,” Swamy said soon after the special CBI court dismissed his plea against Chidambaram.
“I will go to another court. This order deserves to be reserved. I will certainly appeal against it,” he told. He insisted that he has a “very very strong case” both against Chidambaram and A Raja, the main accused in the 2G spectrum allocation scam, and that he will challenge the decision in High Court.
He said the Supreme Court had said earlier that a trial court’s decision could be challenged directly in the apex court and that he would examine this option as well.
“How can Chidambaram be vindicated by one court unless he is vindicated in all the courts,” he said.
“This is nothing new for me. I will go for appeal…This is not the first time that a petition has been dismissed,” he said, while recalling that his appeals against High Court decisions in the cases of grant of sanctions and cancellation of 2G licences had been upheld by the Supreme Court. Swamy said he was yet to go through the trial court’s order and the reasons given by it.
“I don’t know what the judge has said… I have to see it,” the petitioner said.
Asked whether he was disappointed, he disagreed and said “this is part of the game. May be only journalists are disappointed.” (PTI)
Following is the chronology of the events in which a Delhi court rejected the plea of Janata Party chief Subramanian Swamy to make Home Minister P Chidambaram a co-accused in the 2G case.
, 2010: my moves Special CBI court seeking prosecution of the then Telecom Minister A Raja in 2G scam and his (Swamy’s) appointment as public prosecutor.
Jan 7, 2011:
urt holds Swamy’s complaint against A Raja “maintainable”.
Mar 25, 2011:
my’s complaint transferred to Special court set up at the instance of the Supreme Court to try all cases related to 2G scam.
Aug 23, 2011:
Swamy moves SC for CBI probe against Home Minister and the then Finance Minister P Chidambaram in the 2G case.
Aug 26, 2011:
Swamy tells Special CBI court that he will file a plea before it to make Chidambaram a co-accused.
Sept 8, 2011:
SC directs Swamy to submit his correspondence with the CBI in connection with his plea to investigate Chidambaram’s alleged role in the 2G scam.
Sept 15, 2011:
Swamy tells court he will bring new facts that Chidambaram and Raja had a role in deciding 2G spectrum prices and entry fee.
Sept 22, 2011:
CBI defends Chidambaram in SC, blames Department of Telecom (DoT). Oct 10, 2011: SC reserves order on Swamy’s plea for a probe into the alleged role of Chidambaram in the 2G scam.
Jan 7, 2012:
Swamy places on record various certified copies of the documents in support of his private complaint against Chidambaram.
Jan 21, 2012:
Special Court reserves order for February 4.
Feb 2, 2012:
SC refuses to ask CBI to probe role of Chidambaram in 2G case and leaves it to the Special Court to decide the matter.
Feb 4, 2012:
Special Court dismisses Swamy’s plea to make Chidambaram a co-accused.