Swamy pleas to make Raja accused; order reserved

The court reserved till January 7 its order on whether a private complaint seeking prosecution of former Telecom Minister is maintainable.

New Delhi: A Delhi court on Wednesday reserved till January seven its order on whether a private complaint filed by Janata Party president Subramanian Swamy seeking prosecution of former Telecom Minister A Raja in the 2G spectrum scam is maintainable.

Janata Party leader Subramaniam Swamy moved court today to make former communications minister A Raja the prime accused in the 2G allocation scam.

Special CBI Judge Pradeep Chaddah reserved his order on Swamy`s complaint after hearing arguements by him for half-an-hour.

"I am fixing the matter for pronouncement of the order on the maintainability of your private complaint on January 7, 2011," said Additional Sessions Judge Chaddha after hearing the argument.
Pressing the court to act on his complaint, Swamy argued that the judge should take cognisance of the massive scam to the tune of Rs 1.76 lakh crore in the allocation of 2G spectrum to various ineligible operators.

"I have got a three-fold prayer," said Swamy, noting that "the first one is that the court should take cognisance of my complaint against the former telecom minister and issue summons to him.

"The second prayer is that I be appointed as a deemed public prosecutor under the provisions of the Prevention of Corruption Act and the investigating agencies such as Central Bureau of Investigation and Enforcement Directorate be directed by the court to assist me in conducting prosecution and in the further investigation into the scam," Swamy submitted.

The judge sought clarifications from him on the maintainability of his prayers in the case.
Referring to various apex court`s judgments to buttress his arguments, the Janata Party president said, "This court is empowered under the PC Act to declare me as a public prosecutor which would enable me to conduct the prosecution of the accused."

Giving details about the scam, he said, "The offences were committed on January 11, 2008 during the commission of the act of awarding simultaneously 122 licenses to nine applicants who were able to produce demand drafts of around Rs 1650 crores within 30 minutes of opening the counter at the Sanchar Bhawan...

This act was committed on the orders of the then
Minister of Communication and Information Technology A Raja, accused in this complaint. This is also vividly described in the CAG report," he contended.

Swamy had filed a public interest litigation in the Supreme Court seeking permission for criminal prosecution against the minister.

Swamy said he received a letter from the CBI on Tuesday saying they have registered complaints against unknown people in the 2G spectrum scam while investigations are still on against Raja.