Janata Party chief Subramanian Swamy today told a Delhi court that his private complaint in the 2G spectrum case, touching the issue of national security, should be heard separately as the CBI is not willing to club his complaint with its FIR in the scam.

Swamy told Special CBI Judge O P Saini that his complaint touches the wider issue of national security which the CBI has not investigated.

"I would like my private complaint to be heard separately. I have wider issues (in the complaint) touching the national security aspect, which the CBI is not investigating," Swamy said.

Pressing for his demand for appointment as public prosecutor in the case, Swamy said, "I have every right to be appointed as prosecutor in this case."

He claimed that the CBI's charge sheet puts the entire blame on former telecom minister A Raja, a key accused in the case, whereas all the decisions were taken by Raja and the then Finance Minister (P. Chidambaram).

The judge later deferred the hearing in the matter to August 26.

The CBI had earlier opposed Swamy's plea seeking his appointment as prosecutor in the case, saying that his complaint was "not tenable in law" and not "worth accepting".

The agency had told the court that Swamy's submission regarding clubbing of his private complaint with the CBI's case was not in the interest of justice and his complaint may be dealt with separately. .


The CBI had said that Swamy's allegation regarding possession of disproportionate assets by Raja and issues relating to the national security aspect are not directly related to the 2G scam.

"In his complaint dated December 15, 2010, Swamy also alleged commission of offence of possession of disproportionate assets by accused A Raja and issues relating to national security.

"These issues are separate and not directly related to the 2G spectrum case, for which this exclusive court has been constituted," the CBI had said.

Opposing Swamy's prayer that he be appointed as a prosecutor in the case, CBI had said that it is the prerogative of the Centre to appoint a public prosecutor and as directed by the Supreme Court, the government has already appointed senior advocate U U Lalit as special public prosecutor in the case.

"The said prayer of Swamy to appoint him as special public prosecutor and direct the CBI, the Enforcement Directorate and other prosecuting agencies of the government to assist him in conducting the case is, therefore, not tenable in law and is not worth acceptable," CBI had said.

The agency had further opposed clubbing of Swamy's private complaint with the agency's FIR, saying that "all the offences discussed in the complaint case are not included in the police (CBI) case."

Swamy had told the court that he does not have any problem if his complaint is tagged with the CBI's FIR, but wanted to be appointed prosecutor in the case.

Swamy had asserted that the 2G spectrum scam impinges upon national security as Swam Telecom and Unitech Wireless, against whom the CBI had filed charge sheet in the case, had sold their major stakes to two foreign companies Etisalat DB and Telenor, which, he said, is considered by the home ministry "a major threat" to the national security.

"The first two licensees, Swan Telecom and Unitech Wireless, soon after sold their controlling shares to Etisalat DB and Telenor respectively. The national security risk from these companies are highlighted by the Union Home Ministry as their connections go right into Pakistan," Swamy had alleged.