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LATEST NEWS UPDATES | Govt hints at CBI ‘study’ of note on PC by Samanwaya Rautray

Govt hints at CBI ‘study’ of note on PC by Samanwaya Rautray

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published Published on Sep 23, 2011   modified Modified on Sep 23, 2011

A note prepared by the Centre’s counsel and circulated among journalists today suggested the CBI would “study” and “consider” a finance ministry note that appeared to cast aspersions on P. Chidambaram in the 2G scandal.

“The new documents, filed for the first time before this court, will naturally be studied and considered by the CBI as usual and may be covered in the next status report,” the note prepared by P.P. Rao said.

Rao had read from the note in the Supreme Court today but not raised this point.

The note caused surprise because it virtually promised that the CBI, which has so far refused to look into Chidambaram’s role, would do so now. But the note used the words “naturally” and “as usual”, perhaps to suggest nothing extraordinary is taking place.

Janata Party president Subramanian Swamy had yesterday produced in court a purported finance ministry note that questioned Chidambaram’s role in spectrum pricing.

The CBI had told the court earlier today that Swamy’s complaint could be dealt with by the trial court.

The agency’s counsel had said that ministers take policy decisions but “criminality” could hardly be attached to it. He read out a statement of the RBI governor, who was finance secretary at the time the 2G spectrum was allocated in 2008, to show that the telecom department had jumped the gun and allotted the licences at 2001 prices despite the finance ministry’s reservations.

Court monitoring

The Centre today said the Supreme Court should stop monitoring the 2G case now that the chargesheet had been filed and reminded the court of its “Laxman Rekha”.

But Justice Asok Kumar Ganguly, who together with Justice G.S. Singhvi formed the two-judge bench hearing the case, replied: “If Sita had not crossed the Laxman Rekha, Ravana would not have been killed.”

Senior advocate P.P. Rao cited several judgments of the top court to support his argument that monitoring had to end once a chargesheet had been filed. Minutes earlier, the CBI had told the court it was ready to submit to its scrutiny.

The judges asked Rao if the government was backtracking on its earlier position of not opposing court monitoring of the CBI probe.

“The one-time monitoring (offer of the government) was to show openness,” Rao said.

But Justice Ganguly said: “Our jurisdiction does not depend on your consent.”

At one point, Rao said, “Where do you draw a line? Where do you draw the Laxman Rekha?” in a reference to the separation of powers between the three wings of governance. “Laxman Rekha is not that sacrosanct,” Justice Singhvi said.


The Telegraph, 23 September, 2011, http://www.telegraphindia.com/1110923/jsp/nation/story_14543232.jsp


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