But it asked the agency to make available to the complainant a file apparently containing a conversation between Chidambaram and 2G accused former communications minister A. Raja.
Special CBI Judge O.P. Saini adjourned the hearing on the plea till Dec 3 after Swamy pointed out that his application seeking a CBI probe against the minister is pending before the apex court.
Swamy informed the court that the CBI should be directed to produce the file containing the signature and endorsement of Chidambaram, a former finance minister, which proves his complicity in the 2G scam.
"The file contains a conversation between Raja and Chidambaram during the allotment of spectrum at each and every stage,” Swamy said in an application.
Taking note of Swamy's bail application, judge Saini said: “After hearing the complainant I am satisfied that a copy for the aforesaid file would facilitate the prosecution of the complainant's case.”
Accordingly, CBI is directed to supply a photocopy of the file to the complainant at the earliest, said Saini while adjourning Swamy's plea to make Chidambaram a co-accused in the spectrum case.
Swamy had said the court should bring on record purported “new facts” that Chidambaram and former communications minister Raja had a “role” in deciding 2G spectrum prices and entry fee.
“The fact that the above named two ministers together decided that the prices of spectrum and entry fee should be lumped together at the 2001 level and decided against the market price of 2007-08 period for the entry fee, is confirmed by the speech of the prime minister in the Rajya Sabha Feb 24, 2011,” Swamy had said in his application.
Swamy, who is pursuing a private complaint in the 2G scam, had also sought to examine CBI officials concerned “to establish the nexus of accused persons with others, who have intentionally not been made accused by the prosecuting agency".
