2G scam: PM gets a new lawyer, will address 2G issues in court

New Delhi: Opposition has been demanding a statement from the Prime Minister on the 2G scam, but sources in the government have made it clear that the Prime Minister will address issues in court alone - through an affidavit that will be filed by tomorrow, in keeping with the Supreme Court's orders.

Earlier this week, the Supreme Court stressed that it is worried by the "alleged inaction and silence of the PM" on the role played by A Raja in the licensing of 2G spectrum in 2008 - the basis of the current controversy. (Read: Court wants affidavit on PM's behalf)

Rahul Gandhi came to the PM's defence today, stating to reporters in Parliament that he does not think the court's remarks are embarrassing for the PM. "I don't think he is in an embarrassing position at all," Gandhi told reporters outside Parliament, throwing the weight of the Congress behind the Prime Minister.(Read: Rahul comes out in strong support of PM)

But in an acknowledgment of damage done, the government has changed the PM's lawyer for the case. Attorney General of India GE Vahanvati will represent the PM in Supreme Court. The Attorney General replaces Solicitor General Gopal Subramanium who appeared for the PM till yesterday.

Sources have told NDTV the Prime Minister wanted the Attorney General to represent him for effective representation. It is the different case. Then the Solicitor-General was present and he represented. Today, we've made a pucca arrangement. He (Gopal Subramanium) is also a brilliant lawyer. There's nothing to read into this," Law Minister Veerappa Moily said.

Solicitor General Subramanium said, "It is not a question of replacement but of better coordination. I will continue to represent the central government and the Department of Telecom on the issue while the Attorney General will represent the Prime Minister."

Conflict of Interest?

But will the Attorney General representing Dr Manmohan Singh also lead to a conflict of interest? In 2007, A Raja responding to the Prime Minister on a 2G related issue had said he was going ahead on the advice of the then-Solicitor General GE Vahanwati. The question then, how can a lawyer who once adviced Raja, now represent the Prime Minister?

Former Law Minister Subramanium Swamy says, "Till he represents the Prime Minister on the affidavit, it's OK, but if he starts representing on 2G then there is a problem."

The Solicitor General refused to respond on-camera, but he told NDTV, "I had appeared as a law officer for the Department of Telecom in a petition filed by Cellular Operators Association of India in November 2007, and I just followed my obligation as a law officer, and therefore there is no conflict of interest."

Swamy's letter to the PM

NDTV has learnt that senior lawyer and Raja's successor in the Telecom Ministry, Kapil Sibal, is now overseeing much of the litigation. On Friday, he tried to explain what had gone wrong in the case. Attacking Subramaniam Swamy, who has approached the Supreme Court seeking sanction for prosecution of former Telecom Minister Raja, Sibal said it would be sad for the country if sanction is expected merely on the basis of newspapers reports.

"Swamy realised that if he had gone with these documents to the court of law, it would have rubbished it and put it in the dust bin, that is why he is writing one after another letter to the Prime Minister and with every letter the documentation was increasing. So with respect to which letter the Prime Minister was supposed to respond. On every letter, in fact, the Prime Minister has sought information because he is a sensitive human being apart from being the Prime Minister of the country," he said.

In November 2008, former Law Minister Subramanian Swamy wrote to the Prime Minister, asking that Raja be prosecuted for these violations committed in January that year. Swamy finally had his answer in March 2010 when the government said that would not be possible because the CBI is investigating the case.  

Solicitor General Gopal Subramanian had said on Thursday that the remarks against the PM were not embarrassing. He told the Supreme Court that all documents relevant to Swamy's request will be produced in court. He also said that "all letters of Swamy were dealt with." (Read: No strictures against PM, says Solicitor General)

However, Swamy said that he wrote five times to the Prime Minister but received only one response from Dr Manmohan Singh's office, and another from Raja explaining why his request was being rejected. (Watch)

Raja was forced to resign on Sunday after a report by the government's auditor found him guilty of costing the country close to Rs. 1.76 lakh crore by undervaluing 2G spectrum in 2008, and circumventing the rules to award the spectrum to companies that he favoured, and who presented incorrect information to win licenses at throwaway prices. (Read: 2G scam - 85 companies got licenses by suppressing facts, says CAG)