The Supreme Court today declined the plea of BJP leader Subramanian Swamy seeking the recall of the transfer of a top-level officer investigating the 2G spectrum scam from CBI to his parent cadre of IPS.
The apex court did not agree with Swamy that the March 31 order relieving CBI Joint Director Ashok Tiwary be taken back and he be asked to continue with the probe into the 2G scam. A Bench, comprising Chief Justice H L Dattu and Arun Mishra, said the plea cannot be looked into as the officer himself has not approached the apex court.
The bench made a distinction between his case and that of Enforcement Directorate Dy Director Rajeshwar Rao whose transfer from the Department was recalled for his continuance in the probe team overseeing the 2G scam.
It said Singh himself had moved the apex court for redressal but the CBI officer has not approached it. Further, the bench said it cannot keep any officer in the agency for an indefinite period for completion of the investigation and in the case in hand the officer has been involved with the probe for the last four years.
Swamy, who was one of the PIL petitioners on which the apex court on February 2, 2012 had cancelled the 122 licences for 2G spectrum and ordered re-aution, did not get the support of advocate Prashant Bhushan, who was appearing for another petitioner NGO, Centre for Public Interest Litigation (CPIL).
"Today even Bhushan is not supporting you in your joint effort," the bench said in a lighter vein. Swamy said "we had been supporting each other but some change has taken place".
While not agreeing with Swamy on his plea, the bench said "how long the officer will continue? It is four years down the line and time has come for us to recall our order."
The bench was referring to its order which has said the agency should take the nod of the court before changing or transferring the member of the team probing the 2G scam.
The bench concluded the hearing on his plea by saying that Swamy is permitted to withdraw his plea with a liberty that the officer himself can approach this court.
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