CBI probe sought into Chidambaram’s role in 2G scam

New Delhi :A voluntary organisation, Centre for Public Interest Litigation (CPIL), Friday sought from the Supreme Court a court-monitored CBI probe into Home Minister P. Chidambaram’s role in fixing the 2G spectrum price along with the then telecom minister A. Raja in 2008.

Chidambaram was the finance minister when the alleged multi-million-rupee scam took place.

In its application, the CPIL pleaded with the Supreme Court to direct the “CBI to conduct a thorough investigation into the role of the finance ministry under the then finance minister (Chidambram) in the 2G spectrum scam…. under the close supervision of the Supreme Court assisted by the Central Vigilance Commissioner and the senior Vigilance Commissioner”.

Seeking to justify its plea for the court monitoring of CBI probe, the petition said the “reluctance of the CBI in investigating the role of or even questioning the then finance minister is not surprising because as home minister, Chidambaram is a very powerful figure in the central government…”

The CPIL reiterated its allegation levelled earlier in 2G case hearing before the apex court, that most of the officers of the CBI were of Indian Police Service cadre whose appointments, postings, transfers, appraisal reports and promotions were controlled by the home ministry.

Citing several documents in support of its allegations against Chidambaram, the CPIL has asserted that facts clearly demonstrated that the “actions of Chidambaram led to massive loss to the public exchequer and a corresponding gain to a few private companies and individuals, and those decisions were also detrimental to public interest”.

It held that Chidambaram had “clearly abused his position to benefit private parties”, which was an offence under the Prevention of Corruption Act.

As the then finance minister, Chidambaram overruled the officials of his ministry who had favoured auction/market-based pricing of the spectrum, said the CPIL’s petition.

By over-ruling the finance ministry officers, Chidambaram allowed the 2G scam to sail and thereby allowed telecom companies to make a killing, it contended.

The petition said that Chidambaram knew full well that even after the issue of letters of intent (LoIs), it was legally possible to auction start-up spectrum, and that provisions of the license agreement being cited by the DoT were not applicable since the LoI holders were not licensees at that stage.

“In spite of this, he allowed the DoT’s view to prevail over that of his officers,” the petition said.

The CPIL also accused Chidambaram of allowing the telecom companies to sell off their stakes, without charging any share of the government’s premium on account of spectrum valuation, and without enforcing his own agreement with the then telecom minister dated Jan 30, 2008.

“The then finance minister did all of the above knowing full well the kind of manipulations and irregularities that had occurred in allocation of LoIs on Jan 10,2008,” the CPIL application claimed.

Disputing Chidambaram’s response to a newspaper article in which he said the LoIs were issued on Jan 10, 2008, without the finance ministry knowing about it, the CPIL said: “On the contrary, Chidambaram was micromanaging everything and was keeping a close eye on all developments.”

The CPIL held that as the finance minister, Chidambaram was uniquely placed to stop the scam which led to massive loss to public finances and corresponding gains to private parties, but abused his position to benefit private parties and, therefore, should be tried for corruption.”