New Delhi, Nov. 18: The SC said filing the affidavit on the Prime Minister, Dr Manmohan Singh, taking 16 months to respond to Mr Subramanian Swamy’s petition to prosecute the former telecom minister, Mr A. Raja, was necessary to give Mr Swamy a chance to submit a reply.
“We are giving you a chance to put it on affidavit,” the SC told the S-G when he said “every letter of Dr Swamy has been dealt with”. The S-G, said: “I went through the records personally. He has been answered adequately and we don’t want to appear that we are delaying the issue. The authorities have most appropriately dealt with it.”
When the SC asked Dr Swamy whether he agreed with the statement, he said, “The only communication I received from the PM is on March 19, 2010. I have received no other letter from the PM.” Dr Swamy added, “I got a letter from Raja explaining why my request for permission to prosecute him has no merit.”
The SC then said, “He (Raja) is not a sanctioning authority, we will not consider it.”
The S-G made it clear that the PM shall not directly file the affidavit. “An officer will file the affidavit. We should not be seen as taking time,” the S-G insisted, adding, “I have confidence. I have consulted the records.”
While referring to Tuesday’s observations by the SC on the PM’s “silence for 16 months”, the S-G said, “We always take the observations of the court in a positive way.”
After taking on record the copy of the CAG report along with the final report of the director-general of telecom, the SC said the petition on the main 2G spectrum issue would be taken up on November 22 while Dr Swamy’s plea on the issue of granting sanction to prosecute Mr Raja would be taken up on November 23.