New Delhi, Sep 20 (IANS): The Central Bureau of Investigation (CBI) Tuesday opposed in the Supreme Court a plea by Janata Party president Subramanian Swamy for a probe into Home Minister P. Chidambaram's role as the then finance minister in deciding the second generation (2G) spectrum pricing.
The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly was told that once the CBI had completed the probe and the special trial court was holding hearing on the framing of charges, the apex court could not direct the investigating agency to undertake a fresh probe in the matter.
Senior counsel K.K. Venugopal, appearing for the CBI, told the court that Swamy's application seeking "investigation of the case in a particular manner or disposal of a case in a particular manner is not maintainable".
As Swamy said that the "CBI was determined to give clean chit to Chidambaram", Venugopal told the court that "what is being argued by Dr. Swamy was beyond the jurisdiction of this (apex) court" and "I will contest its maintainability".
Justice Ganguly asked Venugopal: "Are you questioning the jurisdiction of the apex court to issue direction on the functioning of regulatory authorities?"
As Venugopal answered in affirmative, the court said that "he (Swamy) is only asking for investigation on the role of a particular gentleman (Chidambaram)" in the light of the new material that has come to light.
The apex court did not appear to be in agreement with Venugopal's argument that no direction for investigation could be issued as the probe had been completed and charge sheet had been filed before the special court.
The court said that so long as the charges had not been framed and trial had not commenced, the investigating agency could be asked to carry out further probe in the light of new material.
As Swamy earlier argued for a CBI probe against Chidambaram, Venugopal and senior counsel P.P. Rao opposed his plea.
Rao told the court that Swamy has moved the special court holding trial in the 2G scam on the strength of the same documents he has relied upon in his application before the apex court.
The senior counsel said that the same cause of action could not be agitated before the special court and also before the apex court.
Venugopal produced the order of the special court on Swamy's plea before it as Justice Singhvi said the (apex) court could not go by the newspaper reports which were referred to by Rao.
Seeking CBI probe against Chidambaram, Swamy told the court that he had moved the special court seeking initiation of proceedings against the minister.
He said he moved the apex court for a CBI probe on Chidambaram's role in fixing the price of 2G licences as the special court had no jurisdiction to direct the CBI to conduct investigation.
Swamy referred to four meetings, three of which were between Chidambaram and former communications minister A. Raja and one the two had with Prime Minister Manmohan Singh, to determine the 2G licence price.
He referred to Dec 16, 2010, direction of the apex court which directed the CBI to investigate all angles of the scam and probe people irrespective of their status and standing.
Venugopal will continue with his arguments Wednesday.