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New Delhi:
There was "no material on record" to suggest Home Minister P.
Chidambaram was "acting" on "corrupt motives" or "abused his
official position", a Delhi court Saturday said, dismissing Janata
Party chief Subramanian Swamy's plea to make the minister a
co-accused in the 2G case.
"I do not find any sufficient ground for proceeding against Mr. P.
Chidambaram. The plea is without any merit and the same is
dismissed," said Central Bureau Investigation (CBI) Special Judge
O.P. Saini.
"The prayer of Subramanian Swamy seeking the summoning of P.
Chidambaram is dismissed," said Judge Saini in his 63-page
judgment.
The court said that Swamy's petition "contained neither
allegations nor evidence against the home minister that he played
a key role in the subversion of the process of issuance of letters
of intent (LOI), UAS licences and allocation of spectrum in the
years 2007-08."
"There is no evidence on record that he (Chidambaram) was acting
in pursuit to the criminal conspiracy, while being party to the
two decisions regarding non-revision of the spectrum prices and
dilution of equity by two companies," the judge said in a packed
courtroom.
Offering relief to then finance minister Chidambaram, the court
virtually put the blame on former communications minister A. Raja,
who is in jail for the past year, and officials of the department
of telecommunications for the lapses.
"All these incriminating acts were allegedly done by the
minister/officials of department of telecommunications, ministry
of information and broadcasting, government of India and by
private persons," the court said.
"I may add that these two acts find mention in the charge for the
reason that these acts were accompanied by further acts of
subverting the established policy and procedure for grant of UAS
(Unified Access Service) licences and the payment and receipt of
bribe by other accused, who stand charged and are facing trial,"
the judge said.
The case would next be heard March 17.
The court verdict said that a decision taken by a public servant
did not become criminal for the simple reason that it had caused
loss to the public exchequer or resulted in pecuniary advantage to
others.
"Merely attending meetings and taking decisions therein is not a
criminal act. There is no material on record to suggest that Mr.
Chidambaram was acting with such corrupt or illegal motives or was
in abuse of his official position, while consenting to the two
decisions. There is no evidence that he obtained any pecuniary
advantage without any public interest," the judge said.
The court said that there were incriminating material against
other accused, who stood charged and were facing trial.
"In the end, Mr. P. Chidambaram was party to only two decisions,
that is, keeping the spectrum prices at 2001 level and dilution of
equity by two companies. These two acts are not per se criminal,"
the judge ruled.
The court said that in the absence of any other incriminating act
on Chidambaram's part, it could not be said that he was prima
facie party to the criminal conspiracy.
After the dismissal of his plea on Chidambaram, Swamy said he
would appeal against the verdict in a higher court. He alleged
that Raja committed irregularities in connivance with Chidambaram
in allotting the licenses.
He said the decision on pegging spectrum prices on 2001 rates was
jointly taken by Raja and Chidambaram.
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