Centre urges Supreme Court to stop monitoring 2G spectrum case

NEW DELHI: The Centre has urged the Supreme Court to stop monitoring the 2G spectrum case, as a chargesheet had been filed and the trial court had taken cognisance of the offence. However, CBI contended that its investigations in the 2G case was on and it could be monitored by the Supreme Court.

CBI counsel KK Venugopal told a bench comprising Justice GS Singhvi and Justice AK Ganguly that investigations into the Essar-Loop issue and former telecom minister Dayanidhi Maran’s role in the Aircel-Maxis deal was underway.

So there is no difficulty in the SC monitoring the 2G case on these two aspects, said Venugopal. He, however, added that the apex court should not continue to monitor the case relating to the main conspiracy in which former telecom minister A Raja has been chargesheeted.

Centre’s counsel and senior advocate PP Rao said that CBI’s stand was surprising as it was contrary to the law laid down by the Supreme Court in various judgments: Court monitoring of a probe ends once CBI had filed a chargesheet against the accused.

“Having regard to the investigation done so far to the satisfaction of the Supreme Court, there is no reason to think that CBI will not now discharge its duty unless a direction is given by the highest court,” the government counsel said. He said the court must follow the law irrespective of the CBI request. “Even when there is no opposition from any party about judicial monitoring of investigations, the court should follow the law,” submitted Rao.

At this Justice Singhvi, speaking for the bench, said, “investigations in foreign countries, which has a direct bearing with what has already been investigated is still continuing. It is about how monies were brought in clandestinely from abroad and invested in licences.

So it cannot be said that investigations have come to an end.” The court also reminded Rao about the consent given by the Solicitor-General for monitoring the 2G case. “Do you have instructions to withdraw that statement? Of course, we will examine whether the Supreme Court has jurisdiction to monitor CBI probe in the 2G case,” said Justice Singhvi.

Rao clarified, “the government is not resiling from its earlier statement. But, the court must proceed in accordance with law and monitor only till the point law permits it to.

Since the trial court has taken cognisance of the charge sheet on April 2, the Supreme Court's monitoring must come to an end. No one can confer jurisdiction on the Supreme Court through consent.”