JOIN USSwamy pleaded before a bench headed by acting Chief Justice Madan B Lokur that Prime Minister Manmohan Singh should be directed to take a decision on his complaint which has been pending for the last 18 months.
Referring to a letter written by PMO, he submitted that the Prime Minister refused to decide on his complaint on the ground that CBI has registered a case against some unknown persons in 2G spectrum allocation irregularity and investigation is still going on.
The bench also expressed agreement with the stand taken by PMO and observed that any decision on the sanction should be decided after the prosecuting agency submits its report.
"As and when the investigation gets completed, then the decision can be taken regarding sanction on the basis of material placed by the prosecuting agency. Your (Swamy) material or documents do not matter," the court said when Swamy contended that the PM should take decision on the basis of evidence submitted by him along with the complaint.
The court then asked Swamy to place before it all the relevant laws and the previous judgement of the courts which said that sanction can be granted against public officer merely on the basis of evidence placed by a person and without an investigation by the prosecuting agency. The court adjourned the matter for further hearing to May 18.