No criminality attached to P Chidambaram in allocation of 2G spectrum: CBI to Supreme Court

NEW DELHI: CBI has told the Supreme Court that there was no criminality attached to the then finance minister P Chidambaram in the allocation of 2G spectrum. If the SC orders an inquiry against Chidambaram on the basis of March 25 note of the Finance Ministry to the PMO, it would do a great damage to the democratic institution, CBI said.

“The Comptroller and Auditor General has not pointed a finger at MoF (Ministry of Finance then headed by Home Minister Chidambaram). If the court asks for CBI inquiry on the basis of a note written by a Ministry of Finance officer, then it will do a great damage to the democratic institution,” CBI counsel KK Venugopal told a bench comprising justices GS Singhvi and AK Ganguly on Thursday.

“If then finance minister was culpable on the basis of this note, then why not then finance secretary? Then, why proceed against one. Where would this stop,” asked Venugopal, adding, “the note alleged nothing against anyone”.

To buttress his stand, Venugopal read out the statement made by then Finance Secretary and present RBI Governor D Subbarao in 2G scam case which is now part of the special court. He pointed out how the Telecom Ministry alone took the decision and the Finance Ministry was not involved in it. “The finance minister (Chidambaram) cannot have cancelled the licences (2G licences) granted by then telecom minister A Raja on January 8, 2008,” Venugopal said.

The decision on allocation of 2G was the decision of the Department of Telecom and on several points the Ministry of Finance had disagreement with DoT, he said. “People in the Department of Telecom were the culprit in the scam and not the Ministry of Finance,” said Venugopal.

In a democracy, several decision-making proceeds on consultations and if some one pulled out a note and alleged motive against people, then the functioning of the government would be undermined. “It is easy to produce a note from here and there and seek investigation. It is not for the court to look into it. Please allow the system to function and the courts can step in if the system fails,” he said.

CBI’s counsel urged the court not to pass any order on the basis of Janata Patry President Subramanian Swamy’s plea seeking direction to the agency to investigate the alleged role of Chidambaram in the 2G case. “He (Swamy) has filed 15 documents both in the SC and trial court seeking similar relief which cannot be entertained here,” said Venugopal.

He then asked Swamy whether he had submitted to the trial court the document containing the March 25 note of MoF, seen by Finance Minister Pranab Mukherjee, and sent to the PMO. Swamy then answered in the negative.