New Delhi, Sep 20 (IANS) The Central Bureau of Investigation (CBI) Tuesday opposed in the Supreme Court a plea by Janata Party president Subramanian Swamy for a probe into Home Minister P. Chidambaram's role as the then finance minister in deciding the second generation (2G) spectrum pricing.


The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly was told that once the CBI had completed the probe and the special trial court was holding hearing on the framing of charges, the apex court could not direct the investigating agency to undertake a fresh probe in the matter.

Senior counsel K.K. Venugopal, appearing for the CBI, told the court that Swamy's application seeking "investigation of the case in a particular manner or disposal of a case in a particular manner is not maintainable".

As Swamy said that the "CBI was determined to give clean chit to Chidambaram", Venugopal told the court that "what is being argued by Dr. Swamy was beyond the jurisdiction of this (apex) court" and "I will contest its maintainability".

Justice Ganguly asked Venugopal: "Are you questioning the jurisdiction of the apex court to issue direction on the functioning of regulatory authorities?"

As Venugopal answered in affirmative, the court said that "he (Swamy) is only asking for investigation on the role of a particular gentleman (Chidambaram)" in the light of the new material that has come to light.

The apex court did not appear to be in agreement with Venugopal’s argument that no direction for investigation could be issued as the probe had been completed and charge sheet had been filed before the special court.

The court said that so long as the charges had not been framed and trial had not commenced, the investigating agency could be asked to carry out further probe in the light of new material.