TUESDAY, 11 DECEMBER 2012 01:27 KUMAR CHELLAPPAN | CHENNAI
Dr Subramanian Swamy, president, Janata Party, will soon file a curative petition in the Supreme Court against the rejection of his review petition to make P Chidambaram, the Union Finance Minister a co-accused with A Raja in the 2G Spectrum scam trial.
On Friday last, a bench of GS Singvi and K S Radhakrishnan of the Supreme Court had turned down Dr Swamy’s plea to reconsider its August 24 judgement which rejected his plea to make Chidambaram a co-accused in the case.
In a statement released to the media on Monday at Chennai, Dr Swamy said he saw the news about the rejection of his plea for review of the August 24 order in The Indian Express. According to Dr Swamy, the order of dismissal of his petition was based on arguments which he did not make and was not on arguments he made.
“In the Review Petition I had pointed that the Order was substantially flawed to merit review. I had not argued for Chidambaram to be made co-accused on grounds of his taking a bribe [an offence, which requires mens rea, under Section 13(1)(d)(i) & (ii) of the Prevention of Corruption Act] but on the grounds of jointly taking decisions with Raja to enable Swan and Unitech telecom companies to make windfall monetary gains by selling out their spectrum licences to Etisalat and Telenor at several multiple of what they paid the government and this was not in the public interest [an offence which does not require mens rea, under Section 13(1)(d)(iii) of the Act].
Therefore the Order of dismissal of my Special Leave Petition was based on arguments I did not make but not on arguments I did make,” Dr Swamy said in the release.
Dr Swamy, a former cabinet minister for law and justice, pointed out that the same error has been committed by the Bench while rejecting the Review petition. He said the Supreme Court order published in the Indian Express, had probably been provided by.Chidambaram himself to the Editor. “On Friday, the Court Master had told my representative that no Order has even reached him,” he said in the release. He said he would appeal against the flawed Review Order by way of a Curative Petition to a new three member Bench. “I shall also seek a Supreme Court inquiry as to how the Indian Express got the Order even before I was given the Order,” he said.