This Article is From Nov 21, 2010

2G spectrum scam: Govt files affidavit on PM's behalf in Supreme Court

New Delhi: The government on Saturday filed an affidavit in the Supreme Court on behalf of Prime Minister Manmohan Singh rejecting the charge of inaction on the part of his office in dealing with the request of sanction for prosecution of former Telecom Minister A Raja in the 2G spectrum issue.

The 11-page affidavit, filed through Director, PMO, V Vidyawati, stated that there was no inaction on the part of the PMO on the complaint filed by Janata Party President and former Law Minister Subramanian Swamy seeking the sanction for prosecution of Raja. It lists how Swamy's letters to the PM were adequately dealt with. (Read the affidavit here)

It also says that the PMO had sought the views of the Law Ministry on Swamy's plea, which could not be granted as the Central Bureau of Investigation (CBI) was investigating the case. 

Senior Congress leaders have also argued over the last few days that even though the PM was not legally obliged to respond to Swamy, since he did not represent an investigating agency, he still did.

On Friday, Raja's successor in the Telecom Ministry, Kapil Sibal, tried to explain what had gone wrong in the case. Attacking Swamy, who has approached the Supreme Court seeking sanction for prosecution of Raja, Sibal said it would be sad for the country if sanction is expected merely on the basis of newspapers reports.

"Swamy realised that if he had gone with these documents to the court of law, it would have rubbished it and put it in the dust bin, that is why he is writing one after another letter to the Prime Minister and with every letter the documentation was increasing. So with respect to which letter the Prime Minister was supposed to respond. On every letter, in fact, the Prime Minister has sought information because he is a sensitive human being apart from being the Prime Minister of the country," he said. (Read & Watch: PM is a sensitive man, says Sibal)

The Supreme Court had given time till Saturday for the affidavit to be filed on behalf of the Prime Minister. All records have been placed with the affidavit rebutting every charge made by Swamy.  (Read: Court wants affidavit on PM's behalf)

Earlier this week, the Supreme Court stressed that it is worried by the "alleged inaction and silence of the PM" on the role played by A Raja in the licensing of 2G spectrum in 2008 - the basis of the current controversy.

The Supreme Court's remarks were based on the fact that for close to a year, the PM did not respond to a letter by Subramanian Swamy who wanted the PM to sanction the prosecution of Raja who was, till Sunday, a Cabinet minister. (Read: 2G scam - 85 companies got licenses by suppressing facts, says CAG)

Swamy alleged what a report by the government's auditor confirmed last week -that Raja deliberately undervalued 2G spectrum and sold it to newcomers who should have been deemed ineligible for licenses. Raja was forced to resign on Sunday after the report found him guilty of costing the country close to Rs. 1.76 lakh crore by undervaluing 2G spectrum in 2008, and circumventing the rules to award the spectrum to companies that he favoured, and who presented incorrect information to win licenses at throwaway prices. (Read: How Raja allegedly robbed India)

Swamy wrote to the PM in November 2008 - he got his response in March 2010. The government said that because the CBI was investigating the case, Swamy's request could not be granted.  Because Raja was a serving minister, the PM's sanction was necessary for Swamy to begin prosecuting him.

However, sources in the government stress that the PM was not legally obliged to respond to Swamy's letter at all. They say that sanctions cannot be considered for a case like this till the process of investigation has been completed.
.