New Delhi, Feb 5: While Justice OP.Saini's judgement yesterday refusing to make Home Minister Chidambaram as key accused in 2G case may have come as surprise for many including crusader against corruption, Saini himself is clear about his rulings. Saini in his order says "In a case of criminal conspiracy, the court has to see whether two persons are independently pursuing the same end or they are acting together in pursuit of an unlawful act. One may be acting innocently and other may be actuated by criminal intention. Innocuous, inadvertent or innocent acts do not make one party to the conspiracy,

He in his ruling clearly demarcated a criminal conspiracy and an act of innocence even if the latter means financial loss to the public exchequer though there was prima facie evidence that Chidambaram colluded with A.Raja in 2G spectrum allocation. In the process Saini raised the following 5-questions.

1. Whether entry fee for the UAS licenses and the price of spectrum was jointly determined by A Raja and P Chidambaram?

2. Whether they have deliberately fixed a low entry fee, discovered in 2001 auction, for spectrum licences?

3. Whether P Chidambaram deliberately allowed dilution of equity by the two companies, that is, Swan Telecom (P) Limited and Unitech Wireless (Tamil Nadu) Limited?

4. If so, whether these facts prima-facie show criminal culpability of P Chidambaram along with A Raja?

5. Whether there is any material on record to show criminal culpability of P Chidambaram?

It has to be seen whether higher courts concur with OP. Saini's ruling of the trial court on Chidambaram.