File affidavit in 2G spectrum case: SC to govt

The Supreme Court today asked the government to file by Saturday an affidavit before it in the 2G spectrum case.

A bench comprising Justices G S Singhvi and A K Ganguly granted time to the Centre to file the affidavit after Solicitor General Gopal Subramanium said that he is in a position to place before it the entire record on the issue.

The court was hearing a petition filed by Janta Party President Subramanium Swamy seeking a direction to Prime Minister Manmohan Singh for grant of sanction for prosecution of DMK leader A Raja who resigned as Telecom Minister on Sunday in connection with the scam.

The Solicitor General told the court that he could file an affidavit on behalf of the government.

The bench also asked Swamy that if he wants to file any affidavit, he can do so by Monday.

The bench posted the matter for further hearing on Tuesday.

At the outset, the Solicitor General submitted to the court that he has already gone through all records pertaining to Swamy's complaint against Raja to the Prime Minister and the detailed communications between him and the PMO.

He sought to assert that total transparency was maintained on the issue.

Swamy, however, contended that he received only one letter from the PMO in March 2010 on his plea seeking prosecution of Raja.

"There was no other letter," he said.

Swamy said he had also received a letter from Raja that why sanction would not be granted on his plea.

At this point, the bench said how can Raja write such a letter. "He is not a sanctioning authority. We cannot consider it," the court said.

After a brief hearing, the bench asked the Solicitor General to file an affidavit giving details on the issue "so that tomorrow you may not say that the opportunity was not given to place the records".

It is appropriate to file an affidavit, the bench said.

The bench also took on record the CAG report relating to the 2G spectrum scam which has been placed in Parliament.

Advocate Prashant Bhushan, appearing for the NGO, Centre for Public Interest Litigation, said the observations made in the CAG report were damaging.

To this, the bench said, "Why are you saying it is damaging, it is revealing."

The Supreme Court on Tuesday had asked some embarrassing questions on inordinate delay on the part of the Prime Minister in taking a decision on Swamy's plea for grant of sanction to prosecute Raja in the scam.

"Can the sanctioning authority (Prime Minister in this case) sit on the complaint," the bench of justices G S Singhvi and A K Ganguly had asked during the hearing on the petition filed by Swamy.

"The three months time for grant of sanction laid by the Supreme Court is clear for fair and good governance," the bench had told the Solicitor General.

"We find it is now now more than 16 months. The sanctioning authority can say I am not not inclined to give sanction. But we find alleged inaction and silence troubling," the bench had observed, adding, "The sanctioning authority can say yes or no".