Relief for PC, UPA, as court gives clean chit

No evidence PC obtained pecuniary benefit in 2G licences: Court

PTI | February 4, 2012



In a huge relief to Home Minister P Chidambaram and to the UPA government, a Delhi court on Saturday threw out a plea to make him an accused in the 2G case holding that he did not indulge in any criminal conspiracy or derived any pecuniary advantage in the decisions taken with former Telecom Minister A Raja.

Giving a clean chit to the finance minister at the time of controversial allocation of 2G spectrum in 2008, Special CBI Judge O P Saini, said Chidambaram was party to only two decisions--keeping spectrum prices at 2001 level and dilution of equity by two companies--which "are not per se criminal".

Apart from being a matter of relief personally for Chidambaram, today's verdict is also the first good tidings for the UPA Government that has been battered by a series of judicial pronouncements in the recent days in the 2G and other issues.

The Special Court said

that in the absence of any other incriminating act on his (Chidambaram) part, it cannot be said that he was acting in pursuit of the criminal conspiracy.

"There is no evidence on record that he was acting in pursuit of the criminal conspiracy, while being party to the two decisions regarding non-revision of the spectrum pricing and dilution of equity by the two companies.

"Accordingly, I do not find any sufficient ground for proceeding against P Chidambaram. The plea is without any merit and the same is dismissed," the judge said in his 64-page order rejecting the private criminal complaint filed by Janata Party President Subramanian Swamy. .

The judge said there is no evidence on record to suggest that there was an agreement between Chidambaram and Raja to subvert telecom policy and obtain pecuniary advantage for himself or for any other person.

"There is no evidence of any substantive act being committed by him," the court said.

"A bit of evidence here and a bit there does not constitute prima facie evidence for showing prima facie existence of a criminal conspiracy. Anybody and everybody associated with a decision in any degree cannot be roped as an accused," the judge said while dismissing Swamy's complaint.

The special judge, who was left by the Supreme Court on Thursday to decide the plea to try Chidambaram in the case, distinguished his role from that of Raja.

The court said Chidambaram did not act in a malafide manner in the fixation of spectrum price at 2001 rate and in permitting the dilution of equity as alleged by Swamy.

"There is no material on record to show that P Chidambaram was acting malafide in fixing the price of spectrum at the 2001 level or in permitting dilution of equity by the two companies.

"These two acts are not per se illegal and there is no further material on record to show any other incriminating act on the part of P Chidambaram," the court said.

"In a case of criminal conspiracy, the court has to see whether two persons are independently pursuing the same end or they are acting together in pursuit of an unlawful act. One may be acting innocently and other may be actuated by criminal intention. Innocuous, inadvertent or innocent acts do not make one party to the conspiracy," the court said.

It also referred to a cabinet note of October 31, 2003 on a decision of spectrum pricing which said that Chidambaram had told Raja that there was no need to "revisit" the price, fixed in 2001.

"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.

"It must have the taint of use of corrupt or illegal means or abuse of his official position by public servant for obtaining pecuniary advantage by him for himself or for any other person or obtaining of pecuniary advantage by him without any public interest," the court said.

It said Swamy could not bring evidence on record to show that Chidambaram was acting with "corrupt" and "illegal" motive and the case against him was distinguishable from other accused who are facing trial in the 2G case.

The court said "there is no material on record to suggest that Chidambaram was acting with such corrupt or illegal motives or was in abuse of his official position, while consenting to the two decisions. There is no evidence that he obtained any pecuniary advantage without any public interest.

"I may add that there is such incriminating material against other accused persons, who stand charged and are facing trial," the court said.

It said that one cannot be made to face a criminal case merely because of the fact that he was part of the decision making process and there must something more than the participation.

"The role played by the decision maker, circumstances in which the decision was taken and the intention of the decision maker are the relevant facts. Intention is to be inferred from the facts and circumstances of the case. One cannot be held guilty merely by association with a decision and a decision by itself does not indicate criminality.

"There must be something more than mere association.

Innocent and innocuous acts done in association with others do not make one a partner in crime, unless there is material to indicate otherwise, which is lacking in this case," it said.

The court, which is prosecuting Raja and 16 others for causing loss to the state by manipulating the first-come-first served (FCFS) policy in grant of 2G licenses, said that role of Chidambaram in the pricing of spectrum at the 2001 level and dilution of equities by accused Swan Telecom and Unitech to Etisalat of UAE and Telenor of Norway respectively "per se" was not illegal.


 

Comments

 

Other News

Who checks the books?

I read about the news about the Coimbatore library over coffee this morning. On the face of it, the headline was about a political ‘war’ between the DMK and TVK. But what stayed with me was something much more important than the blame game behind what had transpired. A writer walking through

Development paradox: Falling poverty miracle and an inequality problem

India’s reduction in poverty over the past decade is a development achievement of considerable significance. The World Bank’s April 2026 ‘India Development Update’ estimates that the share of Indians living below the international extreme-poverty line of $3.00 per person per day i

In Arunachal, a river we call mother

In Arunachal Pradesh, the Siang is not just a river. For many of us, especially the Adi people, it is part of our family. Our grandparents fished in it. Children learned to swim in it. Our farms drink from it. When someone says a huge dam will be built on it, we do not hear the word "project".

A new retelling of the Mahabharata delves into key moments

In a time when every decision carries consequences and questions of ambition, power, loyalty, identity and moral choice continue to shape our lives, Dr. Arun Krishnan’s new book, ‘Mahakshana’ (Penguin India) offers a strikingly relevant retelling of the Mahabharata.  

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter