The CBI on Tuesday moved the Delhi High Court challenging the special court order acquitting all the accused, including former telecom minister A Raja, DMK MP Kanimozhi and others senior government of India officials, in the infamous 2G spectrum case. The special court in its verdict had rejected the CBI case of alleged irregularities in the allocation of spectrum.
Moving against the trial court’s order, the CBI counsels mentioned the matter before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar of Delhi High Court.
The hearing on the maintainability of the CBI plea and the issue of mandamus will be held on Wednesday.
Earlier on Monday, the Enforcement Directorate (ED) moved the high court against the trial court verdict. Along with the CBI, the ED case of money laundering by the accused for floating companies to procure spectrum licences was quashed as well by the trail court.
Besides Raja and Kanimozhi, the special court had acquitted 17 others, including DMK supremo M Karunanidhi’s wife Dayalu Ammal, Shahid Balwa and Vinod Goenka of STPL, Asif Balwa and Rajiv Aggarwal of Kusegaon Fruits and Vegetables Pvt. Ltd., film producer Karim Morani, P Amirtham and Director of Kalaignar TV Sharad Kumar in the ED case.
The ED, in its charge sheet, had alleged that Rs 200 crore was paid by Swan Telecom (P) Ltd (STPL) promoters to DMK-run Kalaignar TV.
The CBI had alleged a notional loss of Rs 30,984 crore to the exchequer in allocation of licences for 2G spectrum which were scrapped by the top court on February 2, 2012.
Special Judge O P Saini had held that the prosecution had “miserably failed” to prove the charges.
The special court, which was set up on March 14, 2011 for hearing 2G cases exclusively, had also acquitted Essar Group promoters Ravi Kant Ruia and Anshuman Ruia and six others in a separate case arising out of the 2G scam probe.
The first case, prosecuted by the CBI, had 17 accused, while the second matter, pursued by the ED, had 19 accused. The third one had eight accused including Essar promoters.
In the CBI case, Raja, Kanimozhi and 15 others were tried under provisions of the IPC and the Prevention of Corruption Act dealing with offences of criminal conspiracy, cheating, forgery, using as genuine fake documents, abusing official position, criminal misconduct by public servant and taking bribe.
(With inputs from PTI)