New Delhi: A special CBI court on Thursday admitted Janata Party president Subramanian Swamy's plea to argue his case against Home Minister P Chidambaram in the 2G scam case, saying he'll have to take the witness box himself on December 17 to explain why he wants key witnesses examined.
The court has accepted the petition by Swamy to examine Sports Secretary Sindhushree Khullar, who was then joint secretary finance, and Joint Director of the CBI, HC Awasthi.
"Complainant Dr Subramanian Swamy is permitted to recall himself as complainant witness one for leading further evidence," Special CBI Judge OP Saini said.
The court told Swamy that the list of witnesses, which he had filed with his application, for summoning some senior CBI officials and other public servants to press his case would be allowed only after he could explain the relevance of their testimony.
"Other witnesses as mentioned in the list of witnesses filed with the application, shall be allowed to be summoned only after relevance of their testimony is explained by the complainant (Swamy)," the court said.
The judge said Swamy could lead evidence in support of his complaint as he has referred to the role of other conspirators in it.
"In view of the facts that complainant was not aware of the identity of additional proposed accused at the time of filing of complaint, but has now come to know about it, he is not prevented in law from leading evidence on this point, more so, when he has referred to the role of other conspirators in his complaint," the judge said.
The court directed Swamy to appear in the witness box on December 17 to lead further evidence in support of his complaint against Chidambaram.
Swamy believes their testimonies will be crucial for backing his claim that then finance minister Chidambaram worked together with A Raja in the 2G scam.
"The court has allowed the petition. I have the chance to make a strong case. If I make a strong case then summons could be made to Chidambaram," Swamy said.
On December 17, under section 200 of CRPC, Swamy will record his statement. Thereafter, if the court is convinced it will record the statements of the witnesses Swamy wants under Section 202 of CRPC. Then the court may or may not take cognizance of case against Chidambaram.
The Home Minister P Chidambaram refused to comment on court's order.
Congress leader Pallam Raju said, "Let's not be unfair to Chidambaram, matter is subjudice."
The NDA says that they will continue their boycott against Chidambaram in Parliament.
The issue has generated heat in the Parliament. Lok Sabha was adjourned till noon with the opposition BJP demanding that the Home Minister should resign. BJP leader Venkaih Naidu says Chidambaram should have resigned long ago.
"Chidambaram should have resigned when the case has come against him. This is the reason why we boycotted him in the Parliament. The order given by the court today has strengthened our stand further. BJP demands the Home Minister's resignation," Naidu said.
The court had on December 3 reserved its order on Swamy's plea seeking permission to examine himself afresh, senior CBI officials and others to prove that Chidambaram had taken a joint decision with former Telecom Minister A Raja regarding fixing the price for 2G spectrum.
He had claimed that Chidambaram, as the then Finance Minister, had permitted Swan Telecom and Unitech, who had secured the licences, to sell their shares to foreign companies.
(With additional inputs from PTI)
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