M A I N   N E W S

Court accepts Swamy’s complaint against Raja
Rashi Agarwal
Tribune News Service

New Delhi, January 7
A special CBI court today allowed the plea of Janta Party president Subramanian Swamy, who has sought prosecution of former Telecom Minister A Raja in the 2G Spectrum case, saying it was “maintainable.”

Special CBI Judge Pradeep Chaddah said, “I am of the opinion that complaint as such is maintainable... I have also gone through the complaint and the bunch of annexures and supporting documents and I am of the view that this complaint should be taken ahead and the proceeding will continue.”

The court, however, declined to issue summons and said that applications for it could be filed at a later stage. Swamy who appeared before the court today, also pleaded before it to appoint him as a deemed public prosecutor in the case under the provisions of the Prevention of Corruption Act, as the court holds special powers to do so.

But the court, which took his plea on record, said that Swamy first needs to record his statement as a complainant in the case and then the court would take a decision on his plea. “You will have to depose as a complainant in the case and then only the plea, seeking appointment as a deemed public prosecutor, could be decided…You cannot assume the roles of a complainant and a public prosecutor simultaneously.” On this, Swamy said that he was not seeking a ‘dual role’ and would first testify as a complainant and then assist the court in prosecuting the accused in the ‘massive scam’.

The remarks came after Swamy, on December 15, 2010, filed a private complaint in the court seeking prosecution of Raja in the 2G Spectrum allocation scam. He said he was forced to move court as the CBI’s FIR had not named anybody as an accused in the matter.

Swamy referred to the CAG report and said Raja committed fraud by adopting the first-come-first-served basis in allocating the Spectrum to ineligible companies.

“A total of 85 out of 122 licences which were awarded to various companies were illegal. Within 30 minutes after the counter in Sanchar Bhawan opened, 102 licences were issued,” he said. The figure of Rs 1.76 lakh crore has been arrived at by the CAG after computing the losses in allocation of the Spectrum, he added. He also urged the court to direct investigating agencies like the CBI and the Enforcement Directorate to assist him in conducting prosecution and in the further investigation into the scam.

The court, which fixed the matter for February 5, will now have to decide on his plea if he could be a deemed public prosecutor.