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This is an archive article published on September 21, 2011

Govt,CBI oppose plea to probe Chidambaram

Questions of any further investigation or addition of accused in the case have to be decided by the trial court , Venugopal submitted.

The central government and CBI today questioned the maintainability of a plea in the Supreme Court by Janata Party chief Subramanium Swamy seeking a probe into the alleged role of union Home Minister P Chidambaram in the 2G spectrum scam.

Senior advocate K K Venugopal,appearing for CBI,told the bench of Justices G S Singhvi and A K Ganguly that since a similar plea by Swamy was pending in the trial court,the apex court could not entertain it.

Questions of any further investigation or addition of accused in the case have to be decided by the trial court , Venugopal submitted.

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Swamy has alleged that as finance minister,Chidambaram had been party to former telecom minister A Rajas decisions in deciding the spectrum price.

Investigation is complete in 2G scam and framing of charges is to be decided by the trial court. If the trial court finds that there is any wrong-doer then it can add the person in the list of accused, Venugopal said. He said the trial court has exclusive jurisdiction in the case.

Swamy,Venugopal said,was riding two horses at the same time. Every document filed in the Supreme Court had also been placed before the trial court,Venugopal said,adding that Swamy could pursue his plea before the trial court.

Appearing for the central government,senior lawyer P P Rao also opposed Swamys plea. Trial court has exclusive jurisdiction to take cognizance and hear the matter and once the cognizance has been taken,it is the exclusive jurisdiction of the special court, he said.

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Swamy said his application before the SC was different from the one before the special court. CBI seems to be determined to give a clean chit to the then finance minister,who is now the home minister, he said.

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