Rejection of Swamy plea against Chidambaram should restore sanity and perspective
The trial courts judgment rejecting Subramanian Swamys petition against Home Minister P. Chidambaram should bring some sanity and perspective to the 2G case. Swamy said that Chidambaram had gone along with A. Rajas first come,first served policy to allocate spectrum in 2008 at 2001 prices and that he let two new telecom licensees dilute their equity later. These two decisions were central to Swamys criminal conspiracy theory against Chidambaram. Rejecting it,the court pointed out that theres nothing to prove that Chidambarams decisions were motivated or that he stood to gain any personal advantage from them. Special Judge O.P. Saini noted: A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer or resulted in pecuniary advantage to others. Merely attending meetings and taking decisions therein is not a criminal act.
Judge Sainis clear-headed judgment sets some useful terms for further progress on the 2G case. It sorts out many of the tangled associations of corruption in the 2G scam. It warned against smearing someone as guilty by association (innocuous acts done in association with others do not make one a partner in crime); the fact that some pecuniary advantage or abuse of official position must be proved before accusing a public official of corruption. It also made a clear distinction between Chidambaram and the other accused,against whom there is seriously incriminating material.
The verdict should bring some sense of proportion to the politics around the 2G scam. For months,the opposition has vilified the home minister,treating him as guilty before any legal process touched him,even boycotting Parliament if he participated. This campaign might suit their purposes,to make sure that the muck from the scam implicates the entire government,the Congress as well as Rajas DMK. But the courts verdict should settle the question. For the Congress and its beleaguered government,too,this is a chance to pull itself out of the hole which it has driven itself into. Of course,Swamy has vowed to soldier on against Chidambaram in court,the BJP says that it will pursue the matter before the people,the Left has suggested that it is unconvinced. But the courts word should finally separate the facts from the political hot air.