2G: Swamy`s plea not tenable in law, says CBI

The CBI on Wednesday filed its reply on Janata Party president Subramanian Swamy`s plea seeking his appointment as public prosecutor in the 2G spectrum allocation scam case saying it was "not tenable" in law.

Last Updated: May 04, 2011, 13:20 PM IST

New Delhi: The CBI on Wednesday filed its reply on
Janata Party president Subramanian Swamy`s plea seeking his
appointment as public prosecutor in the 2G spectrum allocation
scam case saying it was "not tenable" in law.

The agency told Special CBI Judge O P Saini that Swamy`s
prayer to appoint him as a public prosecutor is "not tenable"
in law and his private complaint may be dealt separately.

"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 said in its
four-page reply.

The investigating agency emphasised that the Centre, as
directed by the Supreme Court, has already appointed senior
advocate U U Lalit as the special public prosecutor in the 2G
spectrum case.

Regarding Swamy`s plea that his private complaint should
be clubbed with the CBI`s case, the agency said, "Clubbing of
both the cases is not in the interest of justice. The
complaint of Swamy may be dealt with separately as per the
law."

The matter has been put up for further proceedings for
May 18 as Swamy told the court that he needed some time to
argue on this.

The Janata Party chief had during the last hearing told
the court that he should be associated in the case as he is
willing to assist the CBI in a "formal way".

"I have to be associated in a formal way with the CBI`s
case. I will be happy to assist them. The court should give me
a formal status and I do not think CBI would have any problem
in this," Swamy had said.

In his complaint, he had made a three-fold prayer which
included that his complaint be taken cognizance of and A 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
CBI and Enforcement Directorate to assist him in conducting
prosecution and in the further investigation into the scam.

PTI