A special court on Thursday asked BJP MP Subramanian Swamy to bring “reasonable material” in support of his criminal complaint against industrialist Ratan Tata and others seeking their prosecution in connection with a 2G spectrum scam case. Special CBI judge O P Saini, referring to the contents of the complaint, said these are based on “presumption and assumption” and needed to be backed by some “reasonable material”.
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The court said the Serious Fraud Investigation Office (SFIO) report on the basis of which the complaint has been filed by Swamy, is contrary to the records.
“There must be some material. This complaint is entirely based on presumption and assumption. I do not find any material. There is not a single statement of fact. It contains documents which are contradictory to the record of this court,” the judge, who is exclusively dealing with matters related to 2G spectrum allocation scam, said.
“I am more than willing to proceed with the complaint but this must contain some reasonable material which it does not seem to…Please give some reasonable material, documents so that I can proceed with it… Your case is based on the record submitted in this court. I find there is no such record,” it said.
The court, however, granted Swamy time till March 1 to file more documents and evidence in the case after which it will decide the further course of action.
Swamy has filed the complaint against Tata, former telecom minister A Raja, former corporate lobbyist Niira Radia and others in the court.
The complaint alleged that CBI “purposely” left out Tata, his group companies, Radia and some others.
Swamy has also sought action against Unitech MD Sanjay Chandra, other officials of his firm and the “erring” CBI personnel who allegedly did not probe the matter seriously.
The complaint has sought their prosecution under several sections of IPC including 409 (criminal breach of trust), 420 (cheating), 463 (forgery) and 120 B (criminal conspiracy) and under the relevant provisions of the Prevention of Corruption Act and the Prevention of Money Laundering Act.