New Delhi: Justice(retd) Asok Kumar Ganguly, who along with Justice G S Singhvi, cancelled 122 2G licences, on Saturday refused to comment on CBI court's decision to throw out Janata Party president Subramaniam Swamy's plea to make Home Minister P Chidambaram an accused in the case.
Ganguly, who demitted office on Friday after delivering the crucial judgement, said "I don't want to say anything on the lower court's decision...because that might be decided in a higher court."
A Delhi court on Saturday threw out Swamy's plea to make the Union Home Minister an accused in the 2G case holding that he did not indulge in any criminal conspiracy or derive any pecuniary advantage from the decisions taken with former
Telecom Minister A Raja.
On government's perceived inaction in 2G scam, Justice Ganguly said "it is difficult to know why government didn't auction. We have now given guidelines. We hope government follows that."
Asked by a news channel whether Raja was being made a scapegoat, the former Apex Court judge said he has no inkling about it.
"We don't know who is being protected. We have come to a conclusion (judgement)", he added.
Justice Ganguly, however, said sanction for prosecution of corrupt officials must be seriously considered as otherwise it would erode people's confidence in the rule of law.
"Protecton is given to a public official to work fearlessly. But when prima facie cases exist against public officials, grant of sanction should be seriously considered.
"Sitting over sanction is not good for rule of law. If government delays sanction in prima facie corruption cases, people's faith gets drained out", he added.