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K.S. RADHAKRISHNAN, J.

1. Common questions arise for consideration in both these applications, hence they are being disposed of by a common order. SLP (Crl.) 1688 of 2012 arises out of an order dated 04.02.2012 in CC No.01(A)/11 passed by the Special Judge, CBI (04) (2G Spectrum Cases), New Delhi. I.A. No. 34 of 2012 has been filed by the appellants in Civil Appeal No. 10660 of 2010 claiming almost identical reliefs.

2. Dr. Subramanian Swamy, the petitioner in special leave petition filed a criminal complaint on 15.12.2010 before the Special Judge, CBI of Central/Delhi to set in motion the provisions of Prevention of Corruption Act (for short ‘the PC Act’) against A. Raja, the then minister of Telecommunications and to appoint him as a prosecutor under Section 5(3) of the PC Act. The complaint was numbered as CC No.1 of 2010 and was heard on several occasions. The case was later transferred to the Special Judge, CBI (04)(2G Spectrum Cases), New Delhi. CBI, after investigation, filed a charge sheet in that complaint on 2.4.2011 regarding commission of offences during 2007-2009 punishable under Sections 120B, 420, 468, 471 IPC and also punishable under Section 13(2) read with Section 13(1)(d) of the PC Act, against A. Raja and others. Special Judge took cognizance on 2.4.2011. CBI’s further investigation disclosed that the monetary involvement was much more and charge was laid. Special Judge took cognizance of the aforesaid charge sheet on 25.4.2011. Both the charge sheets were clubbed together vide order dated 22.10.2011 under Section 120B read with Sections 409, 420, 468 and 471 IPC and day to day trial began from 11.11.2011. Dr. Subramanian Swamy’s complaint case No.CC 01/2011 was also taken on file and renumbered as CC.No.1(A)/2011.

10. Further, it was also stated that before the Telecom Commission could meet, then Finance minister made a note on 15.01.2008 to the Prime Minister of India pointing out that the note did not deal with the need, if any, to revise entry fee or the rate of revenue share, and also indicated the said note dealt with spectrum charges for 2G spectrum. Further, it was also stated by Shri Prashant Bhushan that then Finance Minister and Shri A Raja had met on 30.01.2008 to discuss the issue of licensing and spectrum pricing. In that meeting, then Finance Minister had announced the issue of revising entry fee of 122 LOIs already issued by DoT and that they were not seeking to revisit the current regimes for entry fee or for revenue share.

17. Learned counsel pointed out all those facts which would clearly indicate that Shri P. Chidambaram the then Finance Minister was also equally responsible. Non-revision of spectrum price though specifically recommended by the GoMs in the year 2003 would indicate, according to the counsel, that Shri P. Chidambaram colluded up with Shri A Raja in non- auctioning of the spectrum and went on for allotment of first come first served basis at 2001 rates. Further, it was also pointed out that Shri P. Chidambaram had not revised his position from giving away 4.4 MHz of spectrum at 2001 prices and giving away 6.2 MHz of spectrum at 2001, thus causing huge loss to the exchequer. Further, he was also instrumental along with Shri A. Raja for allowing companies like Swan and Unitech to sell off their shares without charging any Government’s share of its premium. Counsel therefore prayed for a direction of CBI to conduct a thorough investigation / further investigation into the role of Shri P. Chidambaram in 2G spectrum scam under the close scrutiny of this court.

I would like to bring it to your notice that DoT has earmarked totally 800 MHz in 900 MHz and 1800 MHz bands for 2G mobile services. Out of this, so for a maximum of about 35 to 40 MHz per Circle has been allotted to different operators and being used by them. The remaining 60 to 65 MHz, including spectrum likely to be vacated by Defence Services, is still available for 2G services.

Therefore, there is enough scope for allotment of spectrum to few new operators even after meeting the requirements of existing operators and licensees. An increase in number of operators will certainly bring real competition which will lead to better services and increased teledensity at lower tariff. Waiting for spectrum for long after getting licence is not unknown to the Industry and even at present Aircel, Vodafone, Idea and Dishnet are waiting for initial spectrum in some Circles since December 2006."