A Delhi court today held as "maintainable" a private complaint filed by Janata Party chief Subramanian Swamy seeking prosecution of former Telecom Minister A Raja in the 2G spectrum case.
"I am of the opinion that complaint as such is maintainable," Special CBI Judge Pradeep Chaddah said.
The court said that first of all Swamy will have to depose as a complainant in the case and then only his plea, seeking appointment as a deemed public prosecutor, could be decided.
"You cannot assume the roles of a complainant and a public prosecutor simultaneously," the judge said.
"I am not seeking the dual role," Swamy replied and added, "I will first testify as a complainant and then would like to assist this court in prosecuting the accused in the massive scam."
The judge said, "I have also gone through the complaint and the bunch of annexures and supporting documents and I am of the view that this complaint is maintainable and the proceeding will continue."
So far as the summoning of the accused and other witnesses are concerned, for that, applications could be filed at the later stage, the judge said.
The court asked Swamy to record his statement during the day.
