In a set back to former telecom minister A Raja, a Delhi court on Friday held Janta Party President Subramaniyam Swamy complaint, as “maintainable”, seeking prosecution of Raja in 2G spectrum.
The court began the process of recording depositions and examining evidence for summoning the accused. Special CBI judge Pradeep Chaddha said, “I have gone through the complaint and the bunch of annexure and supporting documents. I am of the view that this complaint is maintainable and the proceedings will continue.” The court has fixed February 5 for next hearing in the matter.
The court directed Swamy to record a formal statement in court to initiate the hearing. Swamy complaint for Raja’s prosecution for allegedly causing a loss of Rs. 1.76 lakh crores to the public exchequer in allocation of 2G spectrum.
Swamy submitted in court that Raja should be summoned as an accused in the case, or the court should issue non-bailable warrants against him.
The court directed Swamy to follow legal modalities for further proceedings, and asked him to depose as a complainant in the case and then only his plea seeking appointment as a deemed public prosecutor could be decided. “You cannot assume the roles of a complainant and a public prosecutor simultaneously,” the judge said.
According to Swamy’s petition, the court should issue directions to investigating agencies like the CBI and the Enforcement Directorate to assist him in conducting prosecution and in the further investigation into the scam.
Explaining his rationale to the court for filing his private complaint, Swamy had said though the CBI had registered an FIR in the matter, it had named nobody as an accused.
Quoting from the CAG report, he had alleged that Raja committed fraud by adopting the first-come-first-served basis in allocating the spectrum to ineligible companies.
Speaking to media persons outside courtroom, Swamy said, “This is the first a private complaint has been referred maintainable in the background of India’s biggest corruption scam.”