- Nov 3, 2010
"I have to be associated in a formal way with the CBI's case. I will be happy to assist them. The court should give me a formal status and I do not think CBI would have any problem in this," Swamy told Special CBI Judge O P Saini.
The court, however, asked the CBI that whether Swamy's private complaint, which sought prosecution of former telecom minister and prime accused A Raja in the 2G case and his appointment as public prosecutor, could be tagged with the agency's FIR in the case.
The court deferred the matter for further hearing on May 4 after the CBI sought two weeks time to file its response in the matter.
"Submissions regarding applicability of section 210 CrPC heard and thereafter deferred on the prayer of public prosecutor. Put up on May 4 for further proceedings, as prayed by the prosecutor to which the complainant (Swamy) has no objection," the court said.
During the hearing, Swamy said that although the CBI is probing the matter and has filed the chargesheet, his private complaint has wider ambit in some aspects.
"The scope of my application (private complaint) overlaps with the CBI case, but in some cases its ambit is wider than that of the CBI's FIR," Swamy said.
Swamy added that he is willing to assist the CBI and Special Public Prosecutor U U Lalit, who has been appointed by the Supreme Court as a prosecutor in this case.
On this, the judge asked Swamy that whether he wants his private complaint to be tagged with the CBI's FIR.
The Janata Party chief replied that he do not have any problem in this but questioned about his status if his private complaint is tagged with the agency's FIR.
On being asked about it, CBI prosecutor A K Singh said that they need at least two weeks time to respond on this and also told the court that Swamy should make a formal plea regarding this.
Swamy further said that his complaint has a wider aspect than that of the CBI and the agency acted in the case after he filed the complaint.
On this, the CBI prosecutor said that it was the agency which filed the FIR in the case in October 2009 and Swamy came in the picture later on.
Meanwhile, the advocates for the accused in the case, opposed the tagging of the FIR and Swamy's private complaint saying they do not even know the contents of the complaint filed by Swamy in the matter.
"Unless and until we read out the contents of Swamy's complaint, how could we know what his plea is? We are entitled to be heard and copy of his complaint should be given to us," advocate Vijay Agrawal, counsel for accused Shahid Usman Balwa, promoter of Swan Telecom Pvt Ltd, said.
He added that there should be an formal application from Swamy in this regard.
Earlier on March 28, Swamy had told the court that Tamil Nadu Chief Minister M Karunanidhi should also be made an accused in the 2G spectrum allocation case.
Swamy had told the special court that he had written a letter to Prime Minister Manmohan Singh seeking sanction for prosecution of Home Minister P Chidambaram in the case.
Swamy's private complaint in the 2G scam was earlier transferred to the special court constituted by the Supreme Court to deal with all cases related to the scam.
He had also sought the court's direction to appoint him as a public prosecutor to help the agency probe the case.