SC pulls up Sibal,tells CBI to probe 2G without fear

“So far as the CBI is concerned,the probe is under the virtual supervision of this court. We do not think they (CBI) should be influenced by anyone,” the bench said.

The court’s observations came on on an application filed by Janata Party leader Subramanium Swamy for a judicial restraint on the Telecom ministry from launching public attacks prejudicial to the apex court-monitored CBI probe.

Issuing notice to the government,the Supreme Court recorded in its order that “the CBI,which is conducting investigations,into what is called the 2G scam is expected to carry on investigations without being influenced by any statement by anyone”.

Arguing against the “attitude” of Sibal,Swamy had said: “The minister has criticised the approach of the CAG ( in estimating the loss to the nation by the illegal award of licences and allocation of 2G Spectrum) in a manner tantamount to ridiculing the CAG,an institution enshrined in the Constitution.”

Swamy,who had earlier moved the Supreme Court against the alleged delay by the Prime Minister in granting sanction to prosecute former Telecom minister A Raja for his involvement in the 2008 spectrum allocation,said Sibal’s comments in a televised news conference had gone to the “extent of issuing a veiled warning of a breach of secrecy on the part of the CAG,thereby intending to overawe an institution constitutionally empowered to oversee the finances of the government”.

Raja was forced to resign as Telecom minister in the wake of allegations of irregularities in the spectrum allocation of 2008.

The court indicated that telecom companies,which have been illegally granted licence or have failed to comply with their roll-out obligations,cannot get away with just paying penalty and their licences might be cancelled.

The court asked Swamy to file an application seeking to restrain the Department of Telecommunication from accepting the penalty from erring companies after it was pointed out that the companies were getting away after paying small fines.

The bench also issued notices to 11 private telecom companies and sought their response on why their licences should not be cancelled as pleaded by Swamy.

Swamy submitted that “process of compounding of illegality has begun as the erring companies are being let off after paying small fine.”

The case has been posted for further hearing on February 1.