2G Spectrum case: PM files affidavit, denies inaction by PMO

2G Spectrum case:PM files affidavit, denies inaction by PMO

An affidavit on behalf of PM Manmohan Singh was filed in the Supreme Court on Saturday which rejected the charge of inaction on the part of his office in dealing with the request of sanction for prosecution of former Telecom Minister A Raja in the 2G spectrum issue.

In an 11-page affidavit, filed through Director, PMO, V Vidyawati, it was stated that there was no inaction on the part of the PMO on the complaint filed by Janata Party President Subramanium Swamy seeking the sanction for prosecution of Raja.

The affidavit has given in detail how various letters written by Swamy since 29th November, 2008 to 5th October, 2010 have been dealt with by the Prime Minister's office and advice sought from the Law Ministry.

The Director, who filed the affidavit on behalf of the Prime Minister, said she prepared a note on 9th February, 2010 stating that "according to the advice received from the Department of Legal affairs, the decision of granting sanction for prosecution may be determined only after the perusal of the evidence (oral or documentary) collected by the investigating agency, i.e CBI and other materials to be provided by the competent authorities.

"On this note, the Joint Secretary suggested that Ministry of Law and Justice could be requested to send an appropriate response to the petitioner Swamy. This was approved by the Prime Minister on 13th February, 2010."

The view of the Joint Secretary was endorsed by the Ministry of Law and Justice, the affidavit said adding that the Law Ministry on 22nd February, 2010 stated that since it was only an advisory body to tender a legal advice they were not administratively concerned with the accord of sanction.

"It was suggested that Department Of Personnel and Training, which is administratively concerned with the matter, be requested to send a reply to Swamy," the Director said and elaborated that she prepared a note in this regard on 5th March, 2010 for the DoPT which was "considered at various levels and approved".

The affidavit said that based on Swamy's 8th March, 2010 letter, a request was made to the Secretary DoPT and the Department of Telecommunication to immediately give the status of the communication from the Chief Vigilance Commissioner and registration of the case by the CBI.

The note on the response of DoT and DoPT was duly considered and approved by the Principal Secretary to the Prime Minister, the affidavit said adding that PMO asked the DoPT to send an appropriate reply to Swamy which was done on 19th March, 2010.

Subsequently in April 2010, the Department of Legal Affairs informed that Swamy has filed a petition in the Delhi High Court and written letter to DoPT with a copy to Prime Minister on 20th March, 2010, and later on 20th May, 9th June, 30th August and 5th October wrote letters addressed to Singh which were sent to Ministry of Law and Justice.