Subramanian Swamy on 2G scam

Enough evidence, let Raja be prosecuted – Subramanian Swamy on 2G scam

24.09.2010 | 22:01
New Delhi
Upmanyu Trivedi

Janta Party head, Subramanian Swamy today moved Supreme Court, for issuing directions to Prime Minister Manmohan Singh to prosecute A. Raja, the Union Minister of Communications and Information Technology, for his alleged involvement in Rs 70,000 crore 2G spectrum allocation scam. Swamy in his petition claims that “enough unimpeachable evidence has been indicated to initiate prosecution”.

Swamy has also moved an application seeking permissions to argue the case himself as he did in Delhi High Court on the same case. Delhi High Court bench comprising Justices Deepak Mishra and Manmohan had however rejected to grant his prayers saying, “In our considered opinion, when the matter is being investigated by the investigating agency, it is not in the fitness of things to pass any order”.

In his Special Leave Petition (SLP) Swamy has claimed that his application before Prime Minister for requisite action againt Raja has been pending since two years. The SLP makes Prime Minster and A. Raja respondents in the case. He pleads that directions be issued to Prime Minister for prosecuting Raja under section 19 (Previous sanction necessary for prosecution) of the Prevention of Corruption Act 1988 read with Article 75 (Other provisions as to Ministers) of the Constitution of India.

It is alleged in the petition that since two years no action has been taken and despite “Chief Vigilance Commissioner (CVC), the Controller and Auditor General of India and Central Bureau of Investigation (CBI) all have found that there is a prima facie case of corruption made out” Manmohan Singh refuses to decide the petitioner’s application on ground that “case is still under investigation”.

To support his case, Swamy cites Supreme Court’s judgment which held that, “otherwise more lengthy enquiries might well be just an attempt to scuttle the enquiry and prosecution the deciding authority must do so within a short period of three or four months”.

Worth noting, Supreme Court is already hearing a case by Centre for Public Interest Litigation through P over the same scam. The court has in last hearing, gave ten days time to Raja to respond over the matter.

The alleged 70,000 crore scam
On 10.01.2008, Department of Telecommunications (DoT) issued a press release announcing its decision to issue licenses on the basis of first-come-first. Allegedly, the release stated that those who applied till 25.09.2007 would be given licenses but the last date for submission of the applications was advanced from 1.10.2007 to 25.9.2007 by an announcement made much after that period was over.

Further, “Later that day at about 2.45pm, DoT posted an announcement on its website that those who apply between 3.30 to 4.30 pm would be issued licenses. Those who deposited their fees along with documentation first were favoured in accordance with the controversial ‘first come first served’ system. Thus the favoured few companies who just happened to have their drafts of hundreds of crores and documentation ready, were ahead of everyone else in the queue.” He alleges that Law Ministry noting, urging that the matter be first vetted by a Group of Ministers was ignored and nine licenses were issued to “crony firms”.

On 15.11.2008, CVC issued a show cause notice to Raja sent a detailed report to the Prime Minister, reiterating the demand for Raja’s prosecution. A year later on 21.10.2009 FIR was registered by CBI on the scam.

Swamy claims to have repeatedly written to Manmohan Singh demanding sanction to prosecute A Raja but failing in the attempt he filed a writ petition in Delhi High Court in April 2010. After being dismissed in High Court on 18.08.2010 Swamy moved Supreme Court today.