New Delhi: The Supreme Court on Thursday sought from Janata Party Chief Subramanium Swamy all his correspondence with CBI in connection with his plea to investigate P Chidambaram for his alleged role in the 2G Spectrum allocation scam.

The court said it would first go through those documents and then, if necessary, seek response from the CBI and the government.

"Place on record your all correspondence with CBI," a bench comprising Justices G S Singhvi and A K Ganguly said while asking Swamy to file an affidavit within a week along with all relevant documents and his communication with the CBI Director for proceeding against Chidambaram.

The government, however, vehemently opposed Swamy's plea and said that if he has any evidence then he should place before the CBI which is investigating the case.

"Instead of coming directly to the Supreme Court, he should go to CBI," senior advocate P P Rao, appearing for the Centre said adding "whatever evidence is there, it should be placed before the agency.

"CBI has already looked into the matter and found nothing. My handicap is that I am not CBI. Unless I get CBI report I cannot say anything. It is for the CBI to tell you," Rao contended while asking the bench not to entertain such petitions.

The bench, however, expressed reservations over his plea saying, “Do we have any rule that when an application is filed and allegations are made it cannot be placed before us."

Swamy, in his arguments pleaded that the pricing of 2G spectrum was fixed by the then Telecom Minister A Raja and the then Finance Minister P Chidambaram and their role should be probed by the agency.

Swamy claimed "There is overwhelming evidence of his (Chidambaram) involvement in the pricing of spectrum. Raja is behind the bar on the issue. So there should be proper investigation against Chidambaram also".
He said "he had written to the CBI and filed a complaint but it appears that CBI is quite shy on questioning Chidambaram."

Swamy said under the 2003 decision of the Empowered Group of Ministers, approved by the Cabinet, the pricing formula for spectrum was required to be finalised jointly by the Department of Telecommunications (DoT) and the Ministry of Finance.

"A pricing formula for spectrum, would not be valid and binding until it had the concurrence of both the DoT and MoF," he said adding that Chidambaram was the Finance Minister when the spectrum allocation was made.

“Hence, to fully investigate and fix culpability for the charge of cheating the government exchequer by non-revision of Entry Fee", it is necessary to interrogate Chidambaram and then evaluate his responses, he said.

Swamy's plea was supported by advocate Prashant Bhushan, who was appearing for an NGO, Centre for Public Interest Litigation.

"I fully support and agree this is a matter which needs to be investigated," Bhushan said.

 SC to hear plea for setting up committee to monitor probe

The Supreme Court agreed to hear the plea for constituting a committee of expert persons for effective monitoring of the probe into 2G spectrum scam
after an NGO expressed apprehension of the case collapsing in the trial court on the ground that CBI investigation was "less than honest".

"We will hear you on the constitution of group of persons to assist this court for monitoring of the probe in the case," a bench comprising justices G S Singhvi and A K Ganguly said.

CBI, however, opposed the plea for constituting the committee or setting up Special Investigating Team (SIT) with its counsel and senior advocate K K Venugopal saying "it is not possible".

Venugopal said a strange procedure was being sought to be followed after charge sheets have already been filed in the case.

The NGO, Centre for Public Interest Litigation, through its advocate Prashant Bhushan filed an application alleging CBI was not doing a fair and impartial investigation irrespective of the status of the person sought to be
investigated, as was directed by apex court by its December 16, 2010 order.

"Thus, it is essential that either two or three persons with good reputation and experience be appointed to over-see and monitor the CBI investigation on a day-to-day basis (as has been done in black money case) or the entire
investigation be handed over to an SIT.

"If this is not done, then the petitioners fear that this case might suffer the same fate as that of other court-monitored investigations like the hawala case where all the accused were acquitted due to slipshod investigations and weak charge sheets by CBI or the recent cash-for-votes scandal where the real beneficiaries so far appear to have got away," the NGO said in the application.

Bhushan said he wanted to resume the arguments for constituting the committee as there was apprehension that the case would collapse in the trial court as the probe by CBI has not been honest and big and influential people like ADAG Chairman Anil Ambani and others have not been chargesheeted.

ADAG group has denied the allegation of its involvement in the 2G scam.

CBI was also not charge-sheeting Datacom and Videocon for their alleged wrongdoings in the case, he said.

On July 11, the apex court had disfavoured the idea of setting up a SIT for effective monitoring of the probe into 2G spectrum scam saying "CBI and ED were on the right course" and "any inteference at this stage may jeopardize" the probe.

(Agencies)