The Janata Party president and former law minister Subramanian Swamy on Friday demanded that the Prime Minister should not allow the Attorney General (AG) GE Vahanvati to represent the government in the 2G spectrum case in the Supreme Court.
In a letter to Mamohan Singh, which was released to the media, Swamy said since Vahanvati was party to the controversial decisions of former Telecom Minister A Raja in 2007-08, so he should recuse from the case. Swamy, who is the petitioner in the 2G case, has requested the PM to direct the AG to desist from appearing in the case in "public interest" otherwise he would be compelled to seek the court's intervention.
Meanwhile, law minister M Veerappa Moily said, "We will make our position clear in the court."
"The reason for Vahanvati recusing himself is that the December 2007 letter of Raja to you not only makes him party in the decision making by Raja but it is also a violation of the rules applicable to law officers with regard to providing advice to ministers," Swamy wrote in his letter. "Considering that he has given advice to Raja, contrary to the then law minister's opinion-- that a GoM be set up-- the AG (the then Solicitor General) ought not to have given a contrary opinion to Raja, especially since Transaction of Business Rules requires a Cabinet decision when two ministers disagree," Swamy stated.
He warned that in case the government did not take action, he would make a mention of the "collateral information" which the AG had in his criminal complaint filed in Tis Hazari court.