2G spectrum scam: Centre seeks recall of SC order


12 Jan 2012
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2G spectrum scam: Centre seeks recall of SC order that blames PMO officials

NEW DELHI: The Centre has moved the Supreme Court seeking recall of its order which had blamed the officials of the PMO for delaying plea of the Janata Party president Subramanian Swamy. The plea had sought sanction of PM Manmohan Singh to prosecute the then telecom minister A Raja in 2G spectrum scam case.

"The question of sanction gets attracted only at the stage of cognizance after filing of complaint," the government said in its review petition.

The government said it was not challenging the findings in the judgement on the locus but was seeking review for the "limited extent of correcting certain errors apparent in the judgement" as the remarks were also made against the officers of PMO who were not party to the litigation. This included "the observations made by this court regarding certain unnamed officers of the PMO without them being parties to the list", the petition said.

The government further said that there was error in the judgement relating to the "scope of scrutiny by the competent authority of the request for sanction for prosecution".

A bench comprising Justice GS Singhvi and Justice AK Ganguly (now retired) had passed their separate but concurring judgement on January 31 on the plea of Swamy.

The Centre questioned the observations made by Justice Ganguly, saying it comes in the way of fundamental rights guaranteed under Article 14 of the Constitution and is "legally untenable". "In the absence of a time limit stipulated in section 19 of the Prevention of Corruption Act (PCA), the provision would violate Article 14," the petition said.

Economic Times
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