Relief for Chidambaram, court dismisses Swamy's plea

In a huge relief for Union Home Minister Palaniappan Chidambaram, a special Central Bureau of Investigation court on Saturday dismissed a petition by Janata Party President Dr Subramanian Swamy seeking to make Chidambaram a co-accused in the 2G spectrum case.

"Your prayer to make Chidambaram an accused is dismissed," Special Judge O P Saini said reading out from his much-awaited judgment on Dr Swamy's petition.

The court said it would commence the hearing on the complaint filed by Dr Swamy in which he had made further allegations against former telecom mnister Andimuthu Raja, without making Chidambaram an accused, from March 17.

Dr Swamy, in his petition, had sought making Chidambaram a co-accused in the 2G case, alleging that he was as culpable as Raja in determining the price of spectrum.

The judgement was to be delivered at 10.30 am but was postponed to 12.30 pm. It was further put off as the judge decided to have a one-to-one conversation with Swamy for more than an hour before Judge Saini said "dismissed".

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Reacting to the judgment, Dr Swamy told Press Trust of India that he would approach the Delhi high court with more evidence.

The Supreme Court, which came down heavily on Raja and cancelled 122 2G licenses on Thursday, did not find any fault on the part of the prime minister and then finance minister Chidambaram.

Subramanian Swamy said that the order of the judge was only of legal exercise. "I was surprised. When I lose in one court I go to the higher court. I feel that the order needs to be challenged in the higher court. I will read the judgement and make a formal statement on Sunday," he said after the judgement was delivered.

While Congress is up beat with the judgement, it comes as a set back to the Bharatiya Janata Party. Talking to reporters Ravi Shankar Prasad said the judgement is just the first step in the judicial system. "Dr Swamy is now going to move the high court and then the Supreme Court. We will continue to raise the issue in the public and Parliament," Ravi Shankar Prasad said.  

"It is being said that this is a set back to the Bharatiya Janata Party. I do not think this is a disappointment. And this is not the end of the road," Jaswant Singh told rediff.com. However, Arun Shourie conceded that the judgement was a big disappointment and said he was surprised. "I have gone through the papers and I feel that Chidambaram cannot abdicate his responsibility," he said.

Minister of Communications and Information Technology Kapil Sibal said that Congress expected the judgement to be in favour of Chidambaram. "Swamy can go to high court then to Supreme Court and then to god, "Sibal said. He made it clear that Chidambaram is in no way involved in the 2G case. 

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Swamy, who concluded arguments in the trial court in support of his plea, had said the evidence brought on record, prima facie established that Chidambaram was also culpable like Raja in the case.

The evidence, brought before the court, was sufficient to show that Chidambaram, as the then finance minister, has prima facie committed offences under the Prevention of Corruption Act and other criminal laws, he said.

Sibal defended Chidambaram saying that he was not responsible for anything either directly and indirect. "Prime Minister Dr Manmohan Singh is on record in Parliament that both Chidambaram and Raja were in touch and he saw no reason to interfere.

"The judgement is a relief to the Congress and set back for political parties who wanted Chidambaram to be made co-accused. Everyone should learn lessons," he said.

Soon after the judgement was delivered Chidambaram proceeded to meet Dr Singh. Manish Tewari, spokesman of the Congress party, said if it is an indictment then it is about the implementation of the policy.

With inputs from PTI