The Delhi high court on Wednesday refused to direct the Prime Minister to take a decision on a complaint seeking his sanction to prosecute Telecom Minister A Raja for his alleged involvement in the 2G spectrum allocation scam.
The court dismissed the plea of Janata Party chief Subramanian Swamy seeking its direction to the prime minister to decide on granting sanction against his Cabinet colleague Raja on a complaint pending before the PMO for the last two years.
The court passed the order after the Centre contended that it was premature to take a decision on granting sanction against Raja in view of the ongoing investigation by Central Bureau of Investigation in the 2G spectrum allocation scam.
"In our considered opinion when the matter is being investigated by the CBI and it is in progress, it is not in fitness of things to pass any order," a bench headed by Chief Justice Dipak Misra said, adding, "We are not inclined to interfere in the matter".
Swamy pleaded before the court that an explanation from the prime minister be sought for not acting against Raja in the matter.
He submitted that the prime minister should have decided on his application which was pending before him for the last two years.
"If he thinks that the material placed by me is worthless, then he should have rejected my application. But he cannot sit on my plea," he said.
Referring to a communication by PMO, Swamy had submitted that the Prime Minister refused to decide on his complaint on the ground that the CBI has registered a case against some unknown persons in alleged 2G spectrum allocation irregularities and investigations were still going on.
"The government should explain why there is delay. Government should be compelled to say how long it will take to decide on the issue as Rs 60,000 crore (Rs 600 billion) is involved in it," he had pleaded.
