The Supreme Court on Thursday gave two weeks to trail judge O P Saini looking into the 2G spectrum allocation irregularities to decide whether home minister P Chidambaram should be investigated in relation to the affair.
Even as Saini’s order on this is expected to come on Saturday, those accused in the 2G spectrum scam are apprehensive that the SC verdict could brew trouble for them in the coming days as the trial proceeds.
The court ordered the cancellation of 122 licences awarded after 2008 by Andimuthu Raja, the then telecom minister, holding these were issued in a “totally arbitrary and unconstitutional manner”. But it said the trial court should decide whether to investigate the role of Chidambaram in the 2008 grant of licences.
The apex court’s verdict has led to several apprehensions among the defence lawyers of the 17 accused. “The trial court will be biased, as it has now been led to believe that licences were wrongly given. The whole criminal trial is revolving around the same question,” said senior defence counsel Majeed Memon.
Some senior lawyers are also likely to move an application in the trial court to seek a clarification that there would be no impact. While strategies are still being planned, all eyes are set on Saturday’s verdict. “If the court decides at this stage that Chidambaram has to be made an accused, then it puts the question that investigation is not over yet. How can we proceed with the trial then?” said Aman Lekhi, senior advocate.
Legal experts say the cancellation of licences is a civil proceeding and whether it amounts to any criminality is yet to be seen. From February 6, the trial in the lower court will proceed from where it left. “If you have cancelled the licences, then what is the trial going on for. If the telecom regulatory authority’s recommendations were faulty, then you cannot put 14 people and three companies on trial,” a senior lawyer said.
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The onus has also come on Central Bureau Of Investigation (CBI) to apprise the Central Vigilance Commission of regular developments in the 2G investigation before filing status report in the apex court. A senior CBI official said, “In the ongoing case, our investigation has been completed. We are, however, going to update CVC and SC on other 2G-related investigations.” The investigating agency has always maintained there is no involvement of the home minister, the then finance minister, in the case.
The apex court said there was no need of a special investigative team and CVC could be the body to monitor the progress in the investigations. “CVC is the monitoring body for CBI and we will continue to report to them as ordered by the SC,” the official said. CBI is also looking into the Aircel-Maxis deal and the role of former telecom minister Dayanidhi Maran in the case, the Essar-Loop matter and spectrum allocation during late telecom minister Pramod Mahajan’s tenure.