New Delhi: The CBI on Tuesday opposed in the Supreme Court a plea for probing Home Minister P Chidambaram's alleged role in the 2G spectrum scam case saying it is beyond
its jurisdiction to entertain it.

Maintaining that the probe into the multi-crore scam during the tenure of former Telecom Minister A Raja was complete, the agency opposed the plea of Janata Party President Subramanium Swamy.

Swamy sought the probe alleging that Chidambaram, the then Finance Minister, was party to conspiracy with Raja in deciding the price for spectrum.

At the outset, both the CBI and the Centre questioned the maintainability of Swamy's plea saying he has filed a similar application in the trial court and the issue has to be decided by the Special CBI Court.

The CBI said that Supreme Court cannot give such an order and it for the trial court to take decision on the issue.

"Questions of any further investigation or addition of accused in the case have to be decided by the trial court and not by this court," senior advocate K K Venugopal, appearing for the CBI, submitted before a bench of Justices G S Singhvi and A K Ganguly.

"Investigation is complete in 2G scam (during the tenure of Raja) and framing of charges is to be decided by the trial court. If the trial court finds that there is any wrong doer then it can add the person in the list of accused," he said questioning the jurisdiction of the apex court to entertain Swamy's plea.

"Magistrate has exclusive jurisdiction in the case," Venugopal said adding that once the investigation in a case is complete then it comes within the jurisdiction of the trial court and beyond the purview of the court monitoring the probe.

"The case is not a narrow one and it has a huge ramification," Venugopal said adding that "Swamy is riding twohorses at the same time".

Swamy's plea was also opposed by the Centre, which said with the cognizance taken by the trial court, the issue exclusively falls in its jurisdiction.

"Trial court has exclusive jurisdiction to take cognisance and hear the matter and once the cognizance has been taken, it is the exclusive jurisdiction of the Special Court," senior advocate P P Rao, appearing for the Centre, submitted.

Venugopal said "every single document, filed in the Supreme Court, has also been placed before the trial court. He cannot ride two horses at the same time and that is what he is doing right now."

"Let him go and pursue the matter there in the trial court," the senior advocate said.
Swamy, however, refuted the allegation saying that his application before the Apex Court was different from that which was filed in the special court.

He alleged that the CBI was determined to give a clean chit to Chidambaram who met with Raja four times between January 2008 and July 2008 on the issue of fixing the price of spectrum.

"CBI seems to be determined to give a clean chit to the then Finance Minister, who is now the Home Minister," Swamy said.

Swamy pleaded that his applications before the trial court and the Supreme Court are different and there is no clash between them.

"In the trial court I have not asked for CBI inquiry. No other court except the High Courts and the Supreme Court can order CBI probe.”

"I have pleaded with the trial court that Chidambaram should be made co-accused in the case and I also told the trial court that I would like to wait till my application is decided by the Supreme Court. There is no clash," he said.

"Chidambaram was not a passive partner in price fixation but was actively involved in the fixing prices for 2G spectrum along with Raja," Swamy said while giving details of all the
meeting between the two Ministers in 2008.

The investigating agency, however, continued with its opposition to Swamy's plea and pleaded the court not to entertain his plea which was turned down by the bench saying
"There is nothing which can prevent him from arguing the case".

Swamy then shot back saying "I am not saying that the Court should hold Chidambaram guilty in the case. I would do that in the trial court."

The bench, after hearing the case for around 2 hours,

(Agencies)