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This Article is From Dec 17, 2011

'Raja committed offence with active connivance of Chidambaram', Swamy tells court

New Delhi: Presenting his case against Union Home Minister P Chidambaram in a trial court in Delhi, Janata Party president Subramanian Swamy today said the minister should be made an accused in the 2G scam case as he had jointly taken the decision on spectrum prices with former Telecom Minister A Raja, the alleged mastermind of the swindle.

Testifying as a witness in support of his complaint seeking prosecution of Mr Chidambaram, Mr Swamy alleged that several documents, including the minutes of a series of meetings between the Mr Chidambaram and Mr Raja in 2008, prove his complicity in the 2G spectrum scam.

The telecom scam unfolded in 2008 when A Raja as Telecom Minister gifted licenses and spectrum to ineligible companies at 2001 prices. Mr Swamy contends that Mr Chidambaram, who was then the Finance Minister, endorsed the decisions that allowed Mr Raja to execute his swindle.

In the court today, Mr Swamy said that as per a 2003 cabinet decision, Mr Raja and Mr Chidambaram, who was then the Finance Minister, were empowered to determine the spectrum price jointly. So "Raja could not alone be guilty of this charge (fixing the rate of spectrum charges at nominal price fixed in 2001). He committed this offence with the active connivance of P Chidambaram," Mr Swamy told Special CBI Judge OP Saini. He also placed some documents before the court to support his claims.

He further said that "Chidambaram, in a letter dated January 15, 2008 addressed to the Prime Minister, informed the latter that the Department of Telecommunication (DoT) and Ministry of Finance (MoF) would discuss and finalise the spectrum pricing formula which would include incentive for efficient use of spectrum."

"In a letter dated April 21, 2008, Chidambaram addressed A Raja and stated, 'After you have had the opportunity to examine the same, may we meet and discuss and reach some conclusions? These conclusions could then be presented to the PM,'" he added.

Mr Swamy then said that the Prime Minister, in a statement made on the floor of Rajya Sabha on February 24, 2011, had said that pricing of spectrum was decided on the basis of a cabinet decision of 2003 which specifically said that the issue would be determined by the Ministry of Finance and Department of Telecommunication.

"The government's policy on spectrum pricing is based on a cabinet decision of 2003 which left it to the DoT and MoF. The two ministers had agreed on this because of legacy considerations and I accepted their recommendations," Mr Swamy quoted the PM as saying.

"In pursuance of this empowerment (reference to the 2003 cabinet meeting)," Mr Swamy said, "the two ministers met on four occasions - January 31, 2008; May 29, 2008; June 6, 2008 and subsequently, after an agreement was reached and a meeting of minds took place, they together met the PM on July 4, 2008 and conveyed their decision to the PM."

Quoting minutes of Mr Chidambaram's meeting with Mr Raja on January 31, 2008, Mr Swamy said, "The Telecom Minister met the Finance Minister today on the subject of spectrum charges. The Finance Minister said that for now, we're not seeking to revisit the current regimes for entry fees and revenue share".

This, Mr Swamy claimed, is corroborated by a letter written by Chidambaram to the PM on January 15, 2008.

"In view of these facts, it is crystal clear that Chidambaram was involved in spectrum pricing," he told the court.

Mr Swamy then said that he needed some more time to bring on record another few certified documents. Following this, the court adjourned the matter till January 7.

"Chidambaram should be tried under the Prevention of Corruption Act. A Raja was a subordinate to Chidambaram. I will present new facts to prove how corrupt he is. This is not the only corruption case he is involved in.  I will present such facts that the court will be able to start the proceedings in the case from tomorrow," Mr Swamy had said before going inside the court.

On December 8, the court had allowed him to present his case against Mr Chidambaram on December 17. It also asked him to explain why he wanted to examine two witnesses - HC Awasthi, a Joint Director with the Central Bureau of Investigation (CBI) and Sindhushree Khullar, who has served as Joint Secretary in the Finance Ministry - in connection with his complaint. Mr Swamy had earlier said that the examination of these witnesses would help him establish Mr Chidambaram's alleged role in the 2G scam. Confronting them with some documents would help him establish Mr Chidambaram's complicity, he had said. (With agency inputs)

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