UNDERSTANDING ORDER OF JUDGE O P SAINI
ON APPLICATION OF DR SWAMY ON MR P CHIDAMBARAM
PART II : CHRONOLOGY OF EVENTS LEADING UPTO THE ORDER
By Anirban Roy, Advocate
1. The Chronology of events leading upto the Order dated February 04, 2012 of Judge O P Saini on the Application made by Dr Swamy to add Mr P Chidambaram as an Accused in his Private Criminal Complaint can be set out as follows:
a. In December 2010, the Supreme Court had directed setting up of a Special CBI Court at Patiala House, New Delhi under Judge O P Saini to try the CBI case in the telecom scam.
b. In December 2010, Dr. Swamy filed a Private Criminal Complaint in the telecom scam against Mr A Raja. The same was subsequently moved to the Special CBI Court of Judge O P Saini set up by the Supreme Court. Thus the Private Criminal Complaint of Dr Swamy became a parallel criminal case in respect of the telecom scam.
c. In January 2011, Dr Swamy examined himself in support of his Private Criminal Complaint.
d. In May 2011, Dr Swamy informed the Special CBI Court that he wished to proceed in his Private Criminal Complaint independently of the CBI case and he wished to be appointed as the Public Prosecutor in his Complaint. Both of these were allowed.
e. In August 2011, Dr. Swamy moved the Supreme Court for a CBI probe against Mr P Chidambaram for his role in the telecom scam.
f. Soon thereafter, Dr Swamy made an Application before the Special CBI Court to add Mr P Chidambaram as an Accused in his Private Criminal Complaint and to examine himself once again in support of his Complaint.
g. In October 2011, the Supreme Court reserved orders on the Application of Dr Swamy for CBI Probe against Mr P Chidambaram.
h. In December 2011, the Special CBI Court allowed Dr Swamy to re-examine himself in support of his Private Criminal Complaint.
i. On December 17, 2011 and January 07, 2012, Dr Swamy re-examined himself in support of his Private Criminal Complaint.
j. On February 02, 2012, the Supreme Court refuses to issue directions to the CBI for a probe against Mr P Chidambaram.
k. On February 04, 2012, the Special CBI Court of Judge O P Saini rejected the Application of Dr Swamy to add Mr P Chidambaram as an Accused.
2. The above chronology has been culled out from the Order dated February 04, 2012 of Judge O P Saini and media reports. There are some missing links but the essence can be ascertained. The entire record of proceedings of the Private Criminal Complaint is not readily available.
3. Based on the chronology set out above, a few crucial points may be noted:
a. This Private Criminal Complaint of Dr Swamy is a bit peculiar. It is one of the rare cases, if not the only one, where an entirely different dimension namely the case against Mr P Chidambaram was sought to be introduced by Dr Swamy after filing of the Complaint and after having examined himself in support of the Complaint.
b. Before the Supreme Court, Dr Swamy sought investigation by the CBI against Mr P Chidambaram thereby implying that all evidences were not available with him. On the contrary, in his Private Criminal Complaint, Dr Swamy sought “issuance of process” against Mr P Chidambaram thereby implying that the Complaint was “fully baked”.
c. Irrespective of what Dr Swamy had sought before the Supreme Court, as far as his Private Criminal Complaint is concerned, there was no scope for any further “investigation” against Mr Chidambaram. The case of Dr Swamy was for “issuance of process” and he had to stand or fall by the evidence he had produced, initially and subsequently.
d. The Court on its own could have ordered an enquiry / investigation under Section 202 of CrPC but the nature, scope and purpose of such an enquiry / investigation is not even remotely similar to an investigation under Section 156(3) of CrPC.
Anirban Roy
February 09, 2012
Email: anirban@royslawfirm.com
Twitter : @Anirban From RLF
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