2G: PM badly advised by law officers, says Swamy

Janata Party president Subramanian Swamy tells the Supreme Court that Solicitor General has misled the court.

Last Updated: Nov 22, 2010, 15:11 PM IST

New Delhi: Janata Party president Subramanian Swamy tells the Supreme Court that Solicitor General has misled the court in the case relating to prosecution of A Raja in 2G spectrum case.

In an affidavit, Swamy stated that there was no malafide on the part of the PM. “The PM was badly advsied by the Law officers and ministry and beaurucrats”, he said.

Referring to various inter-ministerial and departmental communications made by the Prime Minister`s Office over his various letters seeking nod to prosecute Raja, Swamy asserted that the PMO`s affidavit amply reveals bids to "derail" his plea for prosecution.

"It becomes evident that throughout it was the apparent determination of the Government to derail all attempts by me to legally pursue the prosecution in this monumental and unprecedented scam," alleged Swamy.

"Even now the Government is quite without any reservation in shamelessly delineating these manoeuvres," Swamy said, referring to various inter-ministerial and departmental communications, detailed in the PMO`s affidavit over his plea to prosecute Raja.
"It is submitted that such manoeuvres delineated lead to the irresistible inference of collusive complicity of all Government departments concerned, at least in scuttling any progress in processing my application," he alleged.

Swamy pointed out that "except for the three pointed queries from the Prime Minister himself, no attempt appears to have been made to get to the meat of my data."
He said, "The entire resources of the PM`s office in regard to staff and access to government information and the legal knowledge of the highest law officers of the land, has been used only to attempt to ensure that that any finality on my application can be put off indefinitely."

The Janata Party president lashed out at the law ministry and the law officers for allegedly tendering wrong advice to the PMO, Swamy also targeted acting Telecom Minister Kapil Sibal, accusing him of having lack of legal knowledge.

"For example, it is a matter of national shame to see
the current Cabinet Minister, in charge of DoT, on national
television betraying ignorance of the 1984 historic judgement of the apex court that enabled a private complaint to be filed for cognizance in court after obtaining sanction," he said.

He was referring to the landmark 1984 judgement by a Constitution bench of the apex court in A R Antulay case.

"It is such ignorance that has permeated the legal advisory department of the Prime Minister, and thus is part of the cause for the unacceptable delay in processing my plea for sanction," said Swamy in his affidavit.

PTI

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