Click to play videoNew Delhi: In a huge relief to Home Minister P Chidambaram and to the UPA government, a Delhi court on Saturday threw out a plea to make him a co-accused in the 2G spectrum case.
The Patiala House Court of Special Central Bureau of Investigation (CBI) Judge OP Saini held that Chidambaram did not indulge in any criminal conspiracy or derive any pecuniary advantage in the decisions taken with former telecom minister A Raja.
Judge Saini's single-line order ended the suspense about the fate of the Home Minister at 1:30 pm on Saturday afternoon. There was no evidence to make Union Home Minister P Chidambaram a co-accused in the 2G scam.
The build up had begun by 10 am. Petitioner Swamy reached the court and was told to come back by 12:30 pm. By noon the speculations were rife - will the order be postponed further?
The confusion heightened around 12:30 pm when Judge Saini shut the court room doors to all but Swamy and his three-member legal team.
Finally at 1:25 pm, after making the press, the prosecutors and the public wait in anticipation for close to an hour, Judge Saini started the proceedings. And in less than two minutes he had given Chidambaram and the UPA a huge relief.
Petitioner Swamy was surprised by the order. Swamy said that he will now move High Court within three months against Special CBI Judge OP Saini's order in the 2G scam. "I am surprised because my evidence against Chidambaram was complete," Swamy claimed.
Swamy had alleged that then Finance Minister Chidambaram had conspired with then telecom minister A Raja to fix spectrum prices and causes a loss to the exchequer. Swamy also alleged that Chidambaram compromised national security by allowing Swan Telecom and Unitech dilution of equity.
"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 the judge.
In his order the judge wrote: "In a case of criminal conspiracy, the Court has to see whether two persons are independently pursuing the same end or they are acting together in pursuit of an unlawful act. One may be acting innocently and other may be actuated by criminal intention. Innocuous, inadvertent or innocent acts do not make one party to the conspiracy."
"As per Cabinet note dated 31.10.2003, the decision regarding spectrum pricing was to be taken by Finance Minister and MOC&IT and after this decision was taken, Mr P Chidambaram agreed that it would be the price as discovered in the year 2001 and also told Mr A Raja that there is no need to revisit the same. This decision was subsequently conveyed to the Hon’ble Prime Minister also. To that extent, there is material on record," the order said.
Judge Saini however ruled that "both of these acts, are not per se illegal or violative of any law. There is no material on record to show that Mr P Chidambaram was acting malafide in fixing the price of spectrum at the 2001 level or in permitting dilution of equity by the two companies. There is no further material on record to show any other incriminating act on the part of Mr P Chidambaram."
The Supreme Court had on February 2, 2012 while cancelling all 122 2G licences allotted after January 10, 2008, referred the matter of whether Chidambaram's role should be investigated back to the trial court.
Swamy had moved the apex court seeking a probe against former finance minister and current Home Minister P Chidambaram. He had argued that Chidambaram should be called a co-accused in the spectrum scam along with former telecom minister A Raja.
A relieved Chidambaram who had postponed his trip to Madurai till the order came, met the Prime Minister after this order and left for Madurai. Swamy on his part said he would challenge Saturday's order in a higher court within a month.
Judge Saini's order made it clear that Aaja and Chidambaram were together in deciding spectrum price and equity dilution. He, however, also clarified there was no malafide intention of Chidambaram. Will this certificate be good enough for Chidambaram's political foes? Will the BJP stop his political boycott?
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