Did 2G scam affect national security, court asks CBI

A Delhi court on Saturday issued notice to the Central Bureau of Investigation, asking it to file a detailed report on whether its probe in the 2G spectrum case covers the aspect of national security as raised by Janta Party chief Subramanian Swamy in his private complaint seeking prosecution of former telecom minister A Raja.

"Issue notice to the CBI to file its detailed report of the investigation being carried out by it and whether it covers the aspect of national security as raised by Subramanian Swamy in the present case," Special CBI Judge Pradeep Chaddah said.

During the hearing, the court queried if they can still proceed in the case before it in the wake of Raja's arrest by the CBI. Seeking the CBI's response in the matter, the court posted the hearing for February 23.

"I am of the opinion that this court should not proceed for the time being with this matter," the judge said while issuing notice to the CBI.

Swamy, meanwhile, submitted before the court that he is intending to move an application to implead some other persons, including Tamil Nadu Chief Minister M Karunanidhi, as accused in this complaint.

Comptroller and Auditor General Vinod Rai, who had been summoned by the court to appear as witnesses on Swamy's complaint, has filed a certified copy of the entire report concerning this matter through his advocate Sandeep Sethi.

The Special CBI judge had on January 22 sought the presence of Rai and Director CAG R P Singh in the court on Saturday to depose as witnesses on the complaint by Swamy seeking registration of a criminal case against Raja for his alleged role in the scam, which, according to the CAG, caused a presumptive loss of 1.76 lakh crore to the exchequer.

The court had on January 7 held as 'maintainable' the private complaint filed by Swamy on December 15 last year. He had made a three-fold prayer which included that his complaint be taken cognizance 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 the CBI and Enforcement Directorate to assist him in conducting prosecution and in the further investigation into the scam.

Quoting from the CAG report, Swamy had alleged that Raja committed fraud by adopting the first-come-first-serve basis in allocating Spectrum to ineligible companies.