Plea to prosecute Raja in 2G scam misconceived: Govt to SC

There is no question of consideration of sanction when no complaint was filed at all: Attorney General G E Vahanvati

PTI | November 23, 2010



Terming Janata Party president Subramanian Swamy's plea for prosecuting A Raja in the 2G spectrum case as "misconceived and premature", Government today told the Supreme Court that the sanction had been sought even before a complaint was filed in a court.

"There is no question of consideration of sanction when no complaint was filed at all. It is settled law that there is no question of sanction merely on the institution of the compliant," Attorney General G E Vahanvati told a bench of justices G S Singhvi and A K Ganguly.

"Till date, the petitioner (Swamy) has not even filed a complaint in the competent court and in such circumstances, the question of sanction cannot and does not arise," he contended.

Vahanvati made the submissions during the hearing by the apex court of Swamy's petition seeking the court's direction to Prime Minister Manmohan Singh to grant sanction to prosecute Raja, who has resigned as Telecom Minister following the controversy over spectrum allocation.

The government's senior-most law officer said the request "made by Swamy in his letter dated Nov 29, 2008 was entirely misconceived. A petitioner sought sanction for prosecution even without filing a complaint before the competent court."

He said the stage for grant of sanction is when the court wants to consider the question of whether to take cognisance of a complaint.

Explaining that the process of taking cognisance is different from initiation of proceedings, the law officer said, "The cognisance is the condition precedent to the initiation of proceedings by the magistrate or the judge.

"Cognisance is taken of cases and not of persons. In other words, cognisance means the judicial hearing of the matter," the Attorney General argued.

Thus, no question of taking cognisance arises unless there is a complaint before the court, Vahanvati said, adding before taking cognisance, the accused can contend that sanction is required and if so the magistrate before taking cognisance must call for sanction.

Vahanvati said there is no question of taking cognisance in absence of a complaint before a court and unless the court has applied its judicial mind to the complaint.

"On both these grounds, Swamy's application was misconceived," Vahanvati said, maintaining that the stage for consideration of sanction arises when the court is taking cognisance.

Comments

 

Other News

GI tags: Scaling traditional wealth into global brands

Geographical Indication (GI) tags have emerged as a powerful tool for protecting India`s cultural heritage, while creating economic opportunities for local communities. By linking products to their place of origin, GI tags preserve traditional knowledge, prevent misuse, and enhance consumer trust. They h

BMC: 207 officials in ACB net, 112 still on duty, 68 retire before justice catches up

There are significant delays in the handling of corruption cases involving officials of the Brihanmumbai Municipal Corporation (BMC), a Right to Information (RTI) response obtained by rights activist Jeetendra Ghadge has revealed. As of 30 April 2026, 207 BMC officials face Anti-Corruption Bureau (A

The transformation trap: Why efficiency is not innovation

Every company is transforming, or so it claims.   There was a time when the word ‘transformation’ carried weight. It signified bold strategic shifts, reinvention of business models, and breakthrough technologies that fundamentally changed how organizations created

The Sardar biography that throws light on our times

Patel: A Life By Rajmohan Gandhi Aleph Books, 568 pages, Rs 1,199   There are many biographi

Climate change, El Niño rewrite Indian monsoon

The month of July exceeded its rainfall target despite forecasts of a below-normal month under a strengthening El Niño. The reason could be that climate change is amplifying monsoon complexity: West Pacific warming, Western Disturbances and evolving ocean conditions increasingly interact with El Ni&

Mumbai has just 1.28 sq.m. of open space per person: Study

Mumbai`s public space crisis is as much about mismanagement as it is about scarcity, and offers a governance roadmap that can be implemented without new legislation, according to a new report by the Urban Design Research Institute (UDRI) and the NGO Alliance for Governance and Renewal (NAGAR).  

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter