A Delhi court on Wednesday refused to entertain a complaint seeking registration of an FIR against Prime Minister Manmohan Singh and former telecom minister Dayanidhi Maran for their alleged role in the 2G scam.
Special Judge Sangita Dhingra Sehgal said, "The present complaint pertains to 2G spectrum scam and the grievance, if any, of the complainant can only be addressed by the special court so nominated to deal and try the matters pertaining to the 2G spectrum scam. I am of the considered view that this court being special court dealing with the cases of the Prevention of Corruption Act, has no jurisdiction to entertain the present application. Hence, prayer made by the complainant is declined. Ordered accordingly."
The court's order came on a complaint filed by Right To Information activist Vivek Garg accusing the PM and Maran of "unlawfully changing and diluting" the original terms of references for vacation and reallocation of spectrum leading to the 2G scam.
Garg had earlier sent a complaint to the Central Bureau of Investigation and also to the Anti-Corruption Branch of Delhi government, before moving\ the court.
The court relied on the order of the apex court and other documents placed before it by the CBI informing about the creation of special court for all matters pertaining to 2G spectrum allocation scam.
"It is clear that no other court except the special court of O P Saini, special CBI judge, Patiala House court, can deal or try any matter related to 2G spectrum scam and there is no dispute that the complaint filed by the complainant pertains to the the 2G spectrum scam," the court said.
The judge, in her order, also noted CBI's submission made earlier in the status report that Garg's complaint has been merged with the FIR already registered by it against Maran and others in October 2011 and it does not require registration of any new FIR or direction for probe.
The court accepted CBI's submissions that investigation in the case against Maran is underway and outcomes of letters rogatory issued by special judge (2G cases), sent to various countries is awaited. It also accepted the agency's arguments that the probe in cases relating to 2G spectrum scam are being monitored by the Supreme Court.
The court had reserved its order on the complaint on January 17 after hearing arguments from the CBI as well as the complainant.
Garg had also alleged in his complaint that the PM and Maran had facilitated the accused (in the 2G case) to commit the scam of 2G spectrum licences causing huge revenue loss to the citizens of India.