New Delhi, Jan 7 (ANI): A Delhi court on Friday held as 'maintainable' the complaint filed by Janata Party President Subramanian Swamy seeking prosecution of former Telecom Minister A Raja in the 2G spectrum case.
"I am of the opinion that complaint as such is maintainable," said Special Central Bureau of Investigation (CBI) Judge Pradeep Chaddah.
The court said that first of all Swamy will have to depose as a complainant in the case and then only his plea, seeking appointment as a deemed public prosecutor, could be decided.
"You cannot assume the roles of a complainant and a public prosecutor simultaneously," said the CBI Judge.
Swamy, however, replied the court that was not seeking a dual role in the case.
"I will first testify as a complainant and then would like to assist this court in prosecuting the accused in the massive scam," said Swamy.
Further opining that the complaint is maintainable and the proceeding will continue, Judge Pradeep Chaddah said: "I have also gone through the complaint and the bunch of annexures and supporting documents. I am of the view that this complaint is maintainable and the proceeding will continue."
"So far as the summoning of the accused and other witnesses are concerned, for that, applications could be filed at the later stage," he added.
The court asked Swamy to record his statement during the day.
Earlier on December 15, the court reserved its orders till January 7 after hearing Swamy's plea.
Subramanian Swamy filed a petition seeking his inclusion as a public prosecutor in the 2G spectrum case, and pleaded that the court should take cognisance of his plea.
Swamy approached the CBI court following the Centre's argument late last month in the Supreme Court that there was no question of granting sanction to prosecute Raja, when there was no complaint filed against him in a competent court.
Attorney General G. E. Vahanvati had filed an affidavit on behalf of Prime Minister Dr. Manmohan Singh in the apex court last month to explain why he took close to a year to respond to a request for the prosecution of A Raja over the 2G scam.
The 10-page affidavit indicated that there was no inaction on Prime Minister's behalf and revealed how Swamy's letters were adequately dealt with by the Prime Minister's Office (PMO).
The apex court had asked for details of communication between the Prime Minister's Office (PMO) and Swamy, who had sought sanction for the prosecution of Raja.
The Supreme Court had earlier on November 16 asked the Government to explain why the Prime Minister took eleven months to take a decision on sanctioning of prosecution of Raja in the controversial 2G spectrum allocation issue.
The 2G spectrum allocation has reportedly caused an alleged loss of Rs1.76 lakh crores to the Government, the CAG has stated in a report. (ANI)