Officer "Under A Cloud" Can't Probe Aircel Maxis Case, Says Supreme Court

An officer "under a cloud" cannot investigate the Aircel Maxis case, the Supreme Court said, but it left the decision on the government whether the officer should be investigated. Enforcement Directorate official Rajeshwar Singh, who is leading the investigation in the case against former Union minister P Chidambaram, is facing a case of disproportionate assets. The court was hearing a petition from a journalist which called for investigation against the officer.

Earlier today, the court had said the Centre's report on the matter is "sensitive" and "involves national security". "An officer who is under a cloud cannot investigate the case," the court had said.  

The report was submitted in a sealed cover by Additional Solicitor General Vikramjit Banerjee, who told the court that the government was willing to investigate the allegations against Rajeshwar Singh.

The government has assured the court that it will take Aircel Maxis case to its logical end and will not protect anyone.

Regarding the accusations against the officer, the vacation bench of Justices Arun Mishra and SK Kaul said, "You are simply an officer. You can't be given a blanket clean chit. Everybody is accountable".

"We have to decide whether we can order a probe against Rajeshwar Singh," the court added.

The officer, who was promoted last year and put in charge of the investigation against Mr Chidambaram, has sued journalist Rajneesh Kapoor who filed the petition against him.

His appeal said the issue in Rajneesh Kapur's petition relates to seven-year-old case, in which he has been cleared by the Central Bureau of Investigation and the Central Vigilance Commission.

Mr Chidambaram, who is being questioned in the case, has got immunity from arrest till July 10 from a Delhi court.

The former Union minister and his son have denied any wrongdoing.

The CBI and the Enforcement Directorate are investigating a foreign investment clearance granted in 2006 for the Aircel-Maxis deal, when Mr Chidambaram was Finance Minister in the UPA government.

The agency alleges that the finance ministry had illegally given clearance for the $800 million investment and a company linked to Mr Chidambaram's son Karti Chidambaram received kickbacks to the tune of Rs 26 lakh. Karti Chidamram is also being investigated in the case.  

The approval for the investment was expected to come from the Cabinet Committee on Economic Affairs or CCEA, headed by the Prime Minister. The finance ministry can only approve sums that are up to Rs 600 crore.