Janata Party chief Dr Subramanian Swamy, in his appeal, contended that the special CBI court erred in its order and alleged that the then finance minister P Chidambaram was equally culpable like Mr Raja as he also had a role in deciding the spectrum pricing and allowing telecom companies to offload shares to foreign firms

New Delhi: Janata Party chief Dr Subramanian Swamy on Thursday moved the Supreme Court challenging the trial court order giving clean chit to home minister P Chidambaram in second generation (2G) spectrum allocation scam, saying that there is no doubt that the then telecom minister A Raja took the decision on spectrum allocation after consulting him, reports PTI.

Dr Swamy, in his appeal, contended that the special CBI court erred in its order and alleged that Mr Chidambaram was equally culpable like Mr Raja as he also had a role in deciding the spectrum pricing and allowing telecom companies to offload shares to foreign firms.

“In view of the certified copies brought on record which make it absolutely clear that while the respondent (Raja) may indeed not have consulted the officers of the finance ministry, there is no doubt that he certainly did consult the finance minister in regard to spectrum pricing at least up to the final decision in June 2008,” Dr Swamy said in his petition.

He said the evidence brought before the trial court was sufficient to show that Mr Chidambaram, as the then finance minister, had prima facie committed offences under the Prevention of Corruption Act and other criminal laws.

“The special judge erred in that, despite having made a definite and detailed finding based on his documentation, that Mr Chidambaram was party to two decisions, that is, keeping the spectrum prices at 2001 level and dilution of equity by the two companies, nevertheless the judge held that these two acts are not per se criminal, and hence he rejected plea for making Mr Chidambaram, an accused in the trial of the 2G spectrum scam,” the petition said.

“Once the fact of Mr Chidambaram’s participation in these two crucial decisions is accepted (as has been done by the special judge) it became his duty to direct investigation into the role of Mr Chidambaram,” the petition said.

Dr Swamy’s plea was rejected on 4th February by the special CBI court, trying the 2G case, which had said Mr Chidambaram did not indulge in any criminal conspiracy or derive any pecuniary advantage in the decisions taken with Mr Raja.

The trial court had said that Mr Chidambaram, the finance minister at the time of controversial allocation of 2G spectrum in 2008, was only party to two decisions—keeping spectrum prices at 2001 level and dilution of equity by two companies—which was “not per se criminal”.

The Supreme Court had on 2nd February left on the special court to decide the plea to try Mr Chidambaram in the case.

The trial court had rejected the private criminal complaint filed by Dr Swamy, saying it was without merit.

It said Dr Swamy could not bring evidence on record to show that Mr Chidambaram was acting with a ‘corrupt’ and ‘illegal’ motive and the case against him was distinguishable from other accused who are facing trial in the 2G case.