2G: CBI to give licence policy file to Swamy

A Delhi has court directed the CBI to give the certified copy of a file concerning the 2G spectrum allocation to Janata Party chief Subramanian Swamy, who is seeking prosecution of the then Finance Minister P Chidambaram in the case.

Special CBI Judge OP Saini's directions to the agency came after Swamy told the court that the file relating to UASL (Unified Access Service Licence) policy regarding sale of equity (lock in period) was seized by the CBI in October 2009 but not placed on court's record along with the charge sheet.

In his application filed before the court on Tuesday, Swamy submitted that the file contains the endorsement and signatures of Chidambaram which prove his alleged complicity in the instant scam.

"After hearing the complainant (Swamy), I am satisfied that a copy/certified copy of the aforesaid file would facilitate the prosecution of this complaint case."

Accordingly, CBI is directed to supply photocopy/certified copy of the file to the complainant at the earliest," the court said.

Swamy told the court that the file is necessary for this case and he may be allowed to take its photocopy from the CBI's record.

He also said that he had applied for the certified copy of this file to the CBI but the agency asked him to approach the court where the proceedings of the 2G case are going on.

The court, however, deferred the matter till December 3 after Swamy informed it that the order on his plea seeking a CBI probe against Chidambaram in the 2G scam is pending before the Supreme Court.

Earlier, Swamy had moved an application before the Special court to make Chidambaram a co-accused in the case. He had also sought the court's permission to record his testimony afresh alleging complicity of Chidambaram in spectrum pricing.

He had said the court should bring on record purported "new facts" that Chidambaram and former Telecom Minister A Raja had a "role" in deciding 2G spectrum prices and entry fee.

"The fact that the above named two ministers together decided that the prices of spectrum and entry fee should be lumped together at the 2001 level and decided against the market price of 2007-08 period for the entry fee, is confirmed by the speech of the Prime Minister in Rajya Sabha on February 24, 2011," Swamy had said in his application.

Swamy, who is pursuing a private complaint in the 2G scam, had also sought to examine CBI officials concerned "to establish the nexus of accused persons with others, who have intentionally not been made accused by the prosecuting agency."