New Delhi: Janata Party chief Subramanian
Swamy on Wednesday told a Delhi court that his private complaint in
the 2G spectrum case, touching the issue of national security,
should be heard separately as the CBI is not willing to club
his complaint with its FIR in the scam.
Swamy told Special CBI Judge OP Saini that his
complaint touches the wider issue of national security which
the CBI has not investigated.
"I would like my private complaint to be heard
separately. I have wider issues (in the complaint) touching
the national security aspect, which the CBI is not
investigating," Swamy said.
Pressing for his demand for appointment as public
prosecutor in the case, Swamy said, "I have every right to be
appointed as prosecutor in this case."
He claimed that the CBI`s charge sheet puts the entire
blame on former telecom minister A Raja, a key accused in the
case, whereas all the decisions were taken by Raja and the
then finance minister (P Chidambaram).
The judge later deferred the hearing in the matter to
The CBI had earlier opposed Swamy`s plea seeking his
appointment as prosecutor in the case, saying that his
complaint was "not tenable in law" and not "worth accepting".
The agency had told the court that Swamy`s submission
regarding clubbing of his private complaint with the CBI`s
case was not in the interest of justice and his complaint may
be dealt with separately.
The CBI had said that Swamy`s allegation regarding
possession of disproportionate assets by Raja and issues
relating to the national security aspect are not directly
related to the 2G scam.
"In his complaint dated December 15, 2010, Swamy also
alleged commission of offence of possession of
disproportionate assets by accused A Raja and issues relating
to national security.
"These issues are separate and not directly related to
the 2G spectrum case, for which this exclusive court has been
constituted," the CBI had said.
Opposing Swamy`s prayer that he be appointed as a
prosecutor in the case, CBI had said that it is the
prerogative of the Centre to appoint a public prosecutor and
as directed by the Supreme Court, the government has already
appointed senior advocate UU Lalit as 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 had said.
The agency had further opposed clubbing of Swamy`s
private complaint with the agency`s FIR, saying that "all the
offences discussed in the complaint case are not included in
the police (CBI) case."
Swamy had told the court that he does not have any
problem if his complaint is tagged with the CBI`s FIR, but
wanted to be appointed prosecutor in the case.
Swamy had asserted that the 2G spectrum scam impinges
upon national security as Swam Telecom and Unitech Wireless,
against whom the CBI had filed charge sheet in the case, had
sold their major stakes to two foreign companies Etisalat DB
and Telenor, which, he said, is considered by the home
ministry "a major threat" to the 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.