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Court allows Swamy to depose in 2G case

New Delhi: Janata Party chief Subramanian Swamy was Thursday permitted by a special CBI court here to again depose before it as a witness to prove Home Minister P. Chidambaram’s alleged complicity in the 2G spectrum case.

While allowing Swamy’s plea to be recalled as a witness, CBI special Judge O.P. Saini observed: “In view of the fact that the complainant was not aware of the identity of additional proposed accused at the time of filing the complaint, but has now come to know about it, he is not prevented in law for leading evidence on this point, more so, when he has referred to the role of other conspirators in his complaint.”

Swamy had earlier deposed before the court as a witness ahead of the chargesheet being filed in the 2G case.

The court asked Swamy to get himself examined and record his statement Dec 17.
Meanwhile, the Central Bureau of Investigation (CBI) clarified that the special CBI court at Patiala House here, hearing the 2G spectrum case, has permitted Swamy to record his statement, and not necessarily to examine the witnesses.

“The court order does not give any go-ahead to Swamy to examine the witnesses,” the CBI spokesperson said in a statement.

Swamy has sought to make Chidambaram – a former finance minister – a party in the case, saying the decision on spectrum pricing was taken jointly by him and former communications minister A. Raja, who is lodged in Tihar Jail.

The court too clarified that the case is at the initial stage.
“Only the complainant has examined himself as a complainant witness (CW). If such a prayer is made at an earlier stage of the case, I see no reason for disallowing the same,” Saini said.

“Accordingly, complainant Subramanian Swamy is permitted to recall himself as CW1 for leading further evidence.

“However, other witnesses as mentioned in the list of witnesses filed in the application shall be allowed to be summoned only after relevance of their testimony is explained by the complainant,” Saini added.

Swamy had also sought to examine CBI officials concerned “to establish the nexus of accused persons with others, who have intentionally not been made accused by the prosecuting agency”.

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