Swamy calls SC decision a bad judgement

Last Updated: Fri, Aug 24, 2012 06:59 hrs
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New Delhi: Minutes after the Supreme Court dismissed two petitions seeking a Central Bureau of Investigation (CBI) investigation against Finance Minister P Chidambaram in the 2G telecom scam, Janata Party chief Subramanian Swamy on Friday described it as a bad judgement.

"The portion that was read out in the judgement was not what I had argued. In my petition I had only sought to prove a national loss, but the judgement was based on criminal conspiracy", Swamy told media here.

"I did not even talk about any conspiracy. Neither did I mention of any conspiracy. I didn't have to prove criminal intent which I did not, I only said there is a national loss," he added.

Swamy also warned that this decision will go against the government.

"Don't think that there was any need for investigation. With the evidence available a charge-sheet could have been filed," Swamy added.

In a huge relief for Chidambaram, the apex court today dismissed two petitions seeking a CBI investigation against Chidambaram in the 2G telecom scam.

The Supreme Court judgement read, "Criminal conspiracy cannot be inferred merely because Chidambaram met A. Raja and DoT officials on spectrum pricing. Poor management in allocation of spectrum cannot be said to be product of criminal conspiracy."

Swamy had earlier moved the court challenging the trial court order, which had held that Chidambaram did not indulge in any criminal conspiracy in the 2G scam, and refused to make him an accused in the case.

According to Swamy, Chidambaram must be held responsible for the telecom scam as it took place while he was the finance minister.

He contended the Union minister was aware of A. Raja's actions and that Chidambaram should have intervened, in the country's interest, at the time of framing of policy to allocate the spectrum.

The 2G scam involved government officials, who undercharged mobile telephony companies for frequency allocation licenses, which they would use to create 2G subscriptions for cell phones.

The shortfall between the money collected and the money which the law mandated to be collected was estimated to be Rupees 176,645 crore by Comptroller and Auditor General of India based on 3G and BWA spectrum auction prices which was held in 2010. However the exact loss is disputed.

In a charge-sheet filed on April 2, 2011 by the Central Bureau of Investigation (CBI), the agency pegged the loss at Rupees 30,984.55 crore, whereas the Telecom Regulatory Authority of India claims that the government actually gained Rupees 3,000 crore (598.5 million dollars) by selling the spectrum. 

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