SUBRAMANIAN SWAMY versus A. RAJA

SUBRAMANIAN SWAMY versus A. RAJA

There is no substantive evidence that the Finance Minister conspired with the Telecom Minister or colluded in the fixing of low entry fee or subverted spectrum allocation; official meetings and discussions are insufficient to infer conspiracy; no materials are available for a prima facie case of abuse of position or corrupt means by the Finance Minister; therefore, prayers for investigation or to make him an accused are rejected.

Parties
Applicant: Subramanian Swamy; Respondent: A. Raja
Jurisdiction
India
Judgment Date
24 August 2012
Procedural Posture
Special Leave Petition (crl.) No. 1688 of 2012; I.a. No. 34 in Civil Appeal No. 10660 of 2010 / Supreme Court Decision on Appeal From Special Judge CBI (2 G Spectrum Cases), New Delhi
Outcome
Special Leave Petition and Interlocutory Application rejected; reliefs prayed for not granted.
Legal Topics
2 G Spectrum Scam, Prevention of Corruption Act, Criminal Conspiracy, Mens Rea, Spectrum Allocation
Criminal Law Anti Corruption Law 2 G Spectrum Scam Prevention of Corruption Act Criminal Conspiracy Mens Rea Spectrum Allocation

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Parties

Subramanian Swamy

Applicant

A. Raja

Respondent

Procedural Posture

Special Leave Petition (crl.) No. 1688 of 2012; I.a. No. 34 in Civil Appeal No. 10660 of 2010 / Supreme Court Decision on Appeal From Special Judge CBI (2 G Spectrum Cases), New Delhi

Legal Issues

  1. 1 Whether evidence supports criminal conspiracy between the Finance Minister and Telecom Minister in 2G Spectrum scam
  2. 2 Whether the Finance Minister should be investigated or made an accused under Prevention of Corruption Act

Ratio Decidendi

There is no substantive evidence that the Finance Minister conspired with the Telecom Minister or colluded in the fixing of low entry fee or subverted spectrum allocation; official meetings and discussions are insufficient to infer conspiracy; no materials are available for a prima facie case of abuse of position or corrupt means by the Finance Minister; therefore, prayers for investigation or to make him an accused are rejected.

Court Disposition

Special Leave Petition and Interlocutory Application rejected; reliefs prayed for not granted.

Orders

  • Special Leave Petition (Crl.) No. 1688 of 2012 not entertained and rejected.
  • I.A. No. 34 of 2012 in Civil Appeal No. 10660 of 2010 rejected.