Senior advocate K K Venugopal had earlier questioned the apex court’s jurisdiction over any direction being given to the CBI to include Chidambaram in its probe in 2G case. Putting forth his arguments on Janta Party president Subramaniam Swamy’s application seeking direction to CBI to probe the role, if any played by Chidambaram in the scam, he submitted before a bench of justices G S Singhvi and A K Ganguly that the court should not reply upon a “note” addressed to the Prime Minister’s Office.
Chidambaram cannot be held responsible for the decision not to auction the radio waves as the Ministry of Finance was represented on the issue by the Finance Secretary during its meeting with the Ministry of Telecom then headed by A Raja.
While the meeting of the Telecom Commission was postponed from January 9 to January 15 in 2008, the DoT on January 10, 2008, issued 122 LoIs (Letter of Intents).
“DoT did not want the Commission to go into it. The base price of 2001 (for the spectrum) which was extended in 2003 continued. DoT jumped the gun,” he said.
He said Chidambaram could not have taken the decision himself on the spectrum issue without consulting his subordinate officials, including the then finance secretary V Subba Rao, now the Governor of Reserve Bank of India.
“The Finance Secretary would equally be culpable if you (petitioners) are saying about the culpability of the then Finance Minister. Any one person cannot be held responsible,” Venugopal said.
The counsel asked the Bench not to rely on the Ministry’s note of March 25 submitted by Swamy in the apex court on Wednesday.
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