Probe NDA role in 2G scam as well, suggests SC

The Supreme Court today said that the Central Bureau of Investigation probe into the 2G spectrum scam must also look into the events of 2001, when the Bharatiya Janata Party-led NDA coalition was in power. At that time, first-come-first-served was the accepted policy for allocating spectrum.

''The issue raised in the case is not only limited to Rs1.76 lakh crore (the estimated loss to the exchequer, according to the Comptroller and Auditor General) but has a much wider compass. We would not like to prejudice the probe. But what happened in 2001 needs to be looked into. It is for the CBI to investigate and find out,'' a bench of justices G S Singhvi and A K Ganguly, which has been hearing the case, said.

The Supreme Court also remarked about the policy of awarding licences for using dual technology - CDMA and GSM – saying that while the notification for the dual technology was issued on 19 October 2009, a certain service provider was given the permission to use it a day earlier.

''What T R Andhyarujina (counsel for Raja) has pointed out is one thing more than what meets the eye,'' the bench said, adding that even the CAG has not gone into the issue of dual technology. ''This matter has not been investigated,'' it observed.

The CAG report on the scam forced Andimuthu Raja to resign as telecommunications minister last month. His houses in Delhi and Tamil Nadu were raided by the CBI on Tuesday. Raja is accused of gifting valuable 2G spectrum at bargain-basement prices to companies in 2008. 

The court's observations are significant as Raja and those defending him have consistently claimed that he followed the policies of his predecessors in the NDA coalition. The CAG report says Raja used spectrum rates fixed in 2001 for licenses awarded in 2008.

It also turns up the heat on the BJP, which has been leading an aggressive campaign against Raja and the government that has stalled Parliament since the beginning of its winter session early last month. The entire Opposition has been demanding a joint parliamentary committee (JPC) to investigate the apparent swindle. The government on its part is adamant that a JPC is not necessary, and will merely result in a witch hunt.  It says the public accounts committee, headed by Murli Manohar Joshi of the BJP, has already begun studying the CAG report. The PAC has also questioned former telecom officials.