The Supreme Court on Monday fixed a six-month deadline for the CBI and the Enforcement Directorate (ED) to finish the probe in the Aircel-Maxis scam, wondering if there was an “invisible” hand hampering the investigation.
The case involves gross violations in giving Foreign Investment Promotion Board (FIPB) approval in 2006 by then Finance Minister P Chidambaram in the Aircel-Maxis deal. In another case of FIPB violation, the trial court sent Chidmabaram’s son Karti Chidambaram to a 12-day judicial custody in the INX Media bribery case. Coming down heavily on the CBI and the ED for the delays, the Supreme Court warned the investigating officers of contempt of court case, if they did not finish the probe involving all 2G cases in six months.
The Bench of Justices Arun Misra and Naveen Sinha directed the CBI and the ED to file a status report on investigation into the 2G spectrum scam and related cases arising out of it, including the Aircel-Maxis deal, in two weeks. The next hearing in the case is posted to April 2.
“Four years have passed. We have re-opened the case in January 2. This can’t go on and on like this. The investigation has been going on for long time and people of this country cannot be kept in the dark in the sensitive matter like this,” said Justice Mishra, expressing displeasure on Attorney General KK Venugopal’s submissions. The court also asked if invisible hands were delaying the probe in the case. He said within two weeks the agencies would submit probe status details in sealed cover, detailing the non-cooperation from Malaysian authorities.
The Bench said better than giving status report in a sealed cover the agencies should provide details of the probe status in affidavit. Intervening at this point, main petitioner Subramanian Swamy pointed out that CBI’s sealed cover reports are now available in the bed room of the accused persons, without naming Chidambaram.
“The main case is on FIPB violation and the bribe received and not the delays from Malaysian side,” said Swamy objecting to Venugopal’s submissions.
In a recent raid at Chidambaram’s residence in Delhi, probe agencies had found a copy of the CBI confidential report which was to be submitted in the SC.
“Why is there so much delay in completing the investigation in the 2G spectrum and ancillary casesIJ Investigation was ordered by this court in 2010 and since then several orders have been passed but nothing has happened so far. Tell us, how much investigation is pending and why have you not been able to complete the probe yet,” the Bench said, reiterating the probe should be finished in six months.
Meanwhile in the afternoon, the trial court sent Karti to judicial custody till March 24 in the INX Media bribe case. The court also dismissed his plea to provide him a separate cell in Tihar Jail due to his threat perception. While rejecting Karti’s plea for separate cell and bathroom, Special Judge Sunil Rana said he cannot be treated differently from other accused persons just because of his father, former Union Minister Chidambaram’s social status.
“The apprehension raised by the senior counsel for accused cannot be ignored keeping in view the social status of accused and his family, more specifically, his father who is a former Union Minister. However, only keeping in view the fact of social status of accused and his father, he cannot be treated different from other accused persons and cannot be allowed to be kept in separate prison. However, lock up in-charge and jail superintendent are directed to provide and ensure proper security and safety to accused during judicial custody, as per rules,” the court said.
Karti, who was produced on the expiry of his three-day police remand before the court, had sought proper security and separate prison claiming there was threat to his life as his father Chidambaram, who as a Union Minister in the previous UPA Government had handled several sensitive issues.
The court sent him to Tihar Jail, after the CBI, in whose custody he was quizzed continuously for 12 days since his arrest on February 28 in Chennai, said he was no longer required for further custodial interrogation. “In view of the fact that no more police custody remand of accused is sought by CBI, accused Karti is remanded to judicial custody. He be produced on March 24,” the special judge said.
The court, however, allowed Karti to carry spectacles and medicines as per prescription subject to examination and approval by the jail doctor, but denied his request to carry toiletries, books, clothes and home food. It also said his bail plea would be heard on March 15 as scheduled.
“The hearing of the bail application of accused (Karti) was earlier raised before this court on March 9, (when) the CBI had sought time to file reply to the bail application and in the presence of the counsel for accused, the bail application was put up for consideration on March 15 with the direction to the CBI to supple advance copy to defence. Since the bail application is already fixed for filing of reply/consideration on March 15, the present application is dismissed,” the court said. Chidambaram and wife Nalini were present in the trial court, co-coordinating the advocates.