Despite the CBI’s virtual attempt in the Supreme Court to “rescue” home minister P. Chidambaram by not investigating his alleged role as finance minister in UPA-1 in “fixing” 2G spectrum prices along with then communications minister A.
Raja, the court remained “unconvinced” about the agency’s stand that after filing the chargesheet no order could be passed by it against the minister.
While CBI special counsel K.K. Venugopal told the court that he was not “defending” anyone, he left no one in doubt that the CBI was not prepared to take up any call to investigate Mr Chidamabaram’s role after closure of the probe.
“In regard to all matters relating to the 2G scam, the investigation is complete. The law authorises only the special court to order further investigation, and if the special judge wants to add any person as accused, he can (do so) under Section 319 CrPC,” the CBI’s lawyer told a bench of Justices G.S. Singhvi and A.K. Ganguly, which is monitoring the probe.
The CBI counsel said since the investigation into “the Raja conspiracy” into the 2G case was closed with the filing of the supplementary chargesheet, and the special judge had reserved his order on framing charges against the accused, there was “no scope” for ordering any further probe by the Supreme Court against Mr Chidambaram as sought by Janata Party president Subramanian Swamy.
However, the bench was not convinced with the CBI’s stand and told its counsel: “It is his (Swamy’s) case that the CBI failed to investigate the case in terms of the December 16, 2010 (SC) order. He has disclosed material to this effect to the CBI, and wants the court which is monitoring the case to pass an order.”
“The trial commences only after charges are framed — that is our understanding of the law,” the bench told the CBI counsel, whose arguments — on the “tricky” question of whether the Supreme Court’s jurisdiction to order a further probe after filing of the chargesheet was excluded — remained inconclusive.
The bench took note of Mr Swamy placing on record certain documents about three crucial meetings between Mr Raja and Mr Chidambaram to discuss 2G prices and their final meeting with PM Manmohan Singh.