CBI opposes Swamy's appointment as prosecutor in 2G scam

New Delhi, May 4 (PTI) The Indian premier
investigative agency, CBI on Wednesday opposed Janata
Party chief Subramanian Swamy's plea seeking his appointment
as prosecutor in the 2G spectrum allocation scam case, saying
it was "not tenable in law" and not "worth acceptable".
The agency told Special Judge O P Saini that Swamy's
submission regarding clubbing of his private complaint with
the Central Bureau of Investigation (CBI)'s case is not in the
interest of justice and his complaint may be dealt with
separately.
CBI also said that Swamy's allegation regarding
possession of disproportionate assets by former Telecom
Minister A Raja, the prime accused in the 2G case, and issues
relating to the national security aspect is not directly
related to this case.
"In his complaint dated December 15, 2010, Swamy also
alleged commission of offence of possessions of
disproportionate assets by accused A Raja and issues relating
to national security.
"These issues are separate and not directly related to
2G spectrum case, for which this exclusive court has been
constituted," CBI said.
Opposing Swamy's prayer that he be appointed a public
prosecutor in the case, CBI said that it is the prerogative of
the Central government and as directed by the Supreme Court,
government has already appointed senior advocate U U Lalit as
the special public prosecutor in the case.
"The said prayer of Swamy to appoint him as special
public prosecutor and direct the CBI, the Enforcement
Directorate and other prosecuting agencies of the government
to assist him in conducting the case is, therefore, not
tenable in law and is not worth acceptable," CBI said in its
four page reply.
It further said that the private complaint of Swamy
should not be clubbed with the agency's case as "all the
offences discussed in complaint case are not included in the
police (CBI) case."
"Conditions precedent to the clubbing of complaint
case and police case together are not present in the instant
matter. Clubbing of both the cases is not in the interest of
justice. The complaint of Swamy may be dealt with separately
as per the law," the agency said.
The court, however, posted the matter for further
proceedings on May 18 after Swamy sought some time to argue on
this.
The CBI, in its reply, said its investigation into
the case is independent and not inspired by Swamy's complaint.
It said the agency has collected necessary documents
and recorded the statements of the witnesses during the probe
and its investigation covers part of Swamy's complaint as far
as the Prevention of Corruption Act is concerned.
The Janata Party Chief had during the last hearing
told the court that he should be associated in the case as he
is willing to assist the CBI in a "formal way".
Swamy had said that although the CBI is probing the
matter and has filed the charge sheet, his private complaint
has wider ambit in some aspects.
"The scope of my application (private complaint)
overlaps with the CBI case but in some cases its ambit is
wider than that of the CBI's FIR," Swamy had said following
which the court had asked the CBI to file its reply.
In his private complaint, Swamy had made a three-fold
prayer which included that his complaint be taken cognisance
of and Raja be summoned to take the case to its logical
conclusion.
As per the second prayer, Swamy wanted the court to
appoint him "as a deemed public prosecutor under the
provisions of the Prevention of Corruption Act."
Swamy also wanted the court's directions to agencies
like CBI and Enforcement Directorate to assist him in
conducting prosecution and in further investigation into the
scam.
He had also raised the national security aspect in the
case, saying that Swam Telecom and Unitech Wireless, against
whom the CBI had filed charge sheet in the 2G case, had sold
their major shares to two foreign companies Etisalat DB and
Telenor, which is "a major threat" to national security.
"The first two licensees, Swan Telecom and Unitech
Wireless, soon after sold their controlling shares to Etisalat
DB and Telenor respectively. The national security risk from
these companies are highlighted by the Union Home Ministry as
their connections go right into Pakistan," Swamy had alleged.