Apex court names special public prosecutor in 2G scam case

New Delhi: Overruling the central government's objection, the Supreme Court Monday appointed senior counsel Uday Lalit as special public prosecutor to lead the Central Bureau of Investigation's (CBI) case in the 2G spectrum scam. The apex court bench of Justice G.S. Singhvi and Justice A.K. Ganguly said they were issuing the direction in the exercise of their power under Article 142 of the constitution that empowers the court to take any step for securing "complete justice". Article 142 says that in "the exercise of its jurisdiction (the apex court) may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India..." Lalit will have the liberty to put in place a legal team to assist him in the 2G spectrum case. The apex court said any application relating to 2G Spectrum scam case proceedings before Delhi's special court of O.P. Saini could only be moved before the apex court. All other courts in the country have been barred from entertaining any application. It said that the case would be heard on a day-to-day basis. The central government had objected to the appointment of Lalit as special public prosecutor and said under the Prevention of Corruption Act and the Prevention of Money Laundering Act, it was within its domain to appoint a person to the post. Government counsel earlier told the court that the "union of India, after an in-depth consideration of the matter, and in discharge of its obligations under the statutory provisions will make necessary appointment of a special public prosecutor in respect of both the CBI matter as well as the money laundering matter". Counsel referred to an earlier judgment of the apex court to buttress the point that the appointment of special public prosecutor in corruption and money laundering cases was in the domain of the central government.