- (1.)Common questions arise for consideration in both these applications, hence they are being disposed of by a common order. SLP (Crl.) 1688 of 2012 arises out of an order dated 04.02.2012 in CC No.01(A)/11 passed by the Special Judge, CBI (04) (2G Spectrum Cases), New Delhi. I.A. No. 34 of 2012 has been filed by the appellants in Civil Appeal No. 10660 of 2010 claiming almost identical reliefs.
(2.)Dr. Subramanian Swamy, the petitioner in special leave petition filed a criminal complaint on 15.12.2010 before the Special Judge, CBI of Central/Delhi to set in motion the provisions of Prevention of Corruption Act (for short 'the PC Act') against A. Raja, the then minister of Telecommunications and to appoint him as a prosecutor under Section 5(3) of the PC Act. The complaint was numbered as CC No.1 of 2010 and was heard on several occasions. The case was later transferred to the Special Judge, CBI (04)(2G Spectrum Cases), New Delhi. CBI, after investigation, filed a charge sheet in that complaint on 2.4.2011 regarding commission of offences during 2007-2009 punishable under Sections 120B, 420, 468, 471 IPC and also punishable under Section 13(2) read with Section 13(1)(d) of the PC Act, against A. Raja and others. Special Judge took cognizance on 2.4.2011. CBI's further investigation disclosed that the monetary involvement was much more and charge was laid. Special Judge took cognizance of the aforesaid charge sheet on 25.4.2011. Both the charge sheets were clubbed together vide order dated 22.10.2011 under Section 120B read with Sections 409, 420, 468 and 471 IPC and day to day trial began from 11.11.2011. Dr. Subramanian Swamy's complaint case No.CC 01/2011 was also taken on file and renumbered as CC.No.1(A)/2011.
(3.)Dr. Subramanian Swamy, the petitioner, herein, while he was being examined under Section 200, Code of Criminal Procedure in CC No. 01(A)/11 had deposed on 17.12.2011 as well as on 07.01.2012 that Shri A Raja, the first accused, could not have alone committed the offences alleged against him, but for the active connivance of Shri P. Chidambaram, the then Finance Minister. So far as the various charges were concerned, it was alleged that both Shri A. Raja and Shri P. Chidambaram were jointly and severely responsible. Reference was also made to documents including Ext. CW 1/1 to CW 1/28 with an emphasis that all those acts were done by the accused Shri A Raja in connivance, collusion and consent of Shri P. Chidambaram and hence Shri P. Chidambaram was also guilty of commission of the offences under the P.C. Act for which Shri A. Raja was already facing trial. Further, it was also pointed out that Shri P. Chidambaram was also guilty of breach of trust on the question of national security for not disclosing that Etisalat and Telenor were black-listed by the Home Ministry. Further, it was pointed out that there was enough incriminating materials on record for carrying out the investigation against Shri P. Chidambaram and for making him an accused in the case. Further, it was also alleged that Shri P. Chidambaram had played a vital role in the subversion of the process of issuance of Letter of Intent (for short 'LOI'), Unified Access Service (for short 'UAS') Licences and allocation of spectrum in the year 2007-08. Further, it was also alleged that Shri P. Chidambaram was also complicit in fixing the price of the spectrum licence at 2001 level and permitting two companies, which received the licence that is Swan Tele Communication (P) Ltd. (for short 'Swan') and Unitech (T.N.) Ltd. (for short 'Unitech') and to dilute their shares even before roll-out of their services.