Kolkata: The Trinamool Congress on Saturday refused to comment on the special CBI court's order declining to make home minister P Chidambaram an accused in the 2G spectrum case, but added that the guilty should be punished.

"We don't want to comment on the judgment because the matter is still sub judice and the petitioner has the option of approaching the higher court," Trinamool Congress MP Sukhendu Shekar Roy said.

"The picture of the whole case is still not clear. So we don't want to comment on it. But the way the court has cancelled 122 telecom licences, it shows that something was seriously wrong in the their distribution."

"We want the guilty to be identified and prosecuted. The guilty should be punished irrespective of political colour," said Roy.

A special Central Bureau of Investigation (CBI) court in Delhi Saturday dismissed Janata Party chief Subramanian Swamy's plea to make Chidambaram an accused in the 2G spectrum allocation case.

The Trinamool, with 20 members in the Lok Sabha and six in the Rajya Sabha, is the second largest partner in the Congress-led United Progressive Alliance (UPA) central government.