Do you think 2G case is over? No, it’s not over. The CBI is trying to reopen the case as the bureau is not at all satisfied with the verdict given in the case by the special judge OP Saini last December, acquitting Dravida Munnetra Kazhagam (DMK) leader A Raja, Kanimozhi and others in one of the biggest scam to hit the country.
In a new twist to the case, it has come to forefront that in its appeal filed in the Delhi High Court in March this year the CBI has accused the judge OP Saini of being directionless while passing the verdict. The CBI said that the judge had not applied his mind.
The CBI further said that the judge Saini neither has paid any heed to material evidences available nor to the statements of reliable witnesses including then Solicitor General G E Vahanvati, former telecom secretary D S Mathur and Asheervatham Achary, former additional private secretary to Raja, among others and has passed the verdict merely based on the statements of the accused regarding them as the ultimate truth.
According to CBI, the judge has also not properly followed schemes and provisions of Prevention of Money Laundering Act, 2002 (PMLA) 2002. He committed an error by wrongly interpreting provisions of the Prevention of Money Laundering Act, 2002 (PMLA), stating that once the accused are acquitted in connection with a scheduled offence, they have to be acquitted for the offence of money laundering, as once the crime goes, there can’t be any offence for having the proceeds of crime, which is completely erroneous and contrary to the schemes and provisions of PMLA 2002.
The CBI also mentioned in the petition that the trial judge had failed to consider that A. Raja had abused his office and had completely ignored the telecom department’s need for providing reasonable time to applicants to meet criteria for applying for 2G Spectrum.
CBI has also claimed that the verdict pronounced by Judge Saini in 2G scam can have a major impact on corruption cases as Judge Saini discarded the testimony of all the officers of DoT on the ground that the officers did not record oral instructions given by A Raja, Siddharth Behura and R K Chandolia in writing in accordance with the service rules and manual of office procedures.(TimesOfIndia)
“Special judge has ignored evidence to the effect that there was pressure on DoT officers not to record the oral instructions on files as well as the fact that it would not be possible for a junior officer to record the oral instructions by minister, conveyed through his private secretary,” says CBI.
There are several flaws in the verdict of the case that is totally clear from the petition filed by CBI in High Court. Special Judge Saini had acquitted Raja, his party colleague Kanimozhi and several top corporate including Unitech Managing Director Sanjay Chandra, D B Realty chief Shahid Balwa and others while accusing the CBI of failing to prove its case. The special judge infact hit the investigative agency by concluding that the charges filed against the accused by it were based on ‘rumour, gossip and speculation’.
The verdict in the 2G case was setback to many shaking their confidence on judiciary. Hope the CBI gets chance again to reopen the case and the justice prevails, properly accounting the evidences from all sides so that no institution or party will be in the state that the judgement is directionless.