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2G: Supreme Court directs CBI to rectify Santosh Rastogi transfer order

Wednesday, 13 August 2014 - 6:05am IST | Place: New Delhi | Agency: dna

dna's exclusive news titled, "Is CBI trying to save Reliance in 2G case", dated August 4 echoed in the Supreme Court during the hearing on 2G scam on Tuesday. The Supreme Court took a serious view and called for all CBI records pertaining to the communication between special public prosecutor (now designated SC judge) Uday U Lalit and the CBI, along with notings of officers.

The court directed the CBI to "rectify" its order transferring DIG in-charge of 2G investigations Santosh Rastogi from the case without the court's permission.

Petitioner NGO's counsel Prashant Bhushan brought to the court's notice the dna story and contended that it is very serious that CBI director Ranjit Sinha had attempted to scuttle the case against Shahid Balwa's DB Realty and three directors of Reliance Telecom of the Anil Dhirubai Ambani group. Bhushan asked the court to call for all the files.

Bhushan, while referring to the dna report, said Ranjit Sinha has apparently found some new facts to contradict the charge sheet filed against Reliance and Balwa. "Not only that Rastogi was shunted out of the case without the court's knowledge. It appears to be very serious and court needs to examine the whole issue," Bhushan argued.

To his submission, the bench headed by justice HL Dattu asked CBI counsel senior advocate KK Venugopal to place on record "the file notings along with Lalit's letter to the CBI director by September 1".

"Why was it done (transfer of Rastogi) and if at all it is done then ask your director to rectify," the bench said.

Lalit, in his letter dated June 30, 2014, had blasted CBI for even suggesting him to consider CBI's request, when the trial against Balwa and the Reliance telecom directors had reached a crucial juncture. Lalit has now stopped appearing in the 2G case, ever since his name was cleared for appointment as SC judge.

Meanwhile, the bench also asked the agency to suggest names of three lawyers for appointment of special public prosecutor in the case as Lalit has been appointed a Supreme Court judge.

dna reported that in his letter dated June 30, 2014 (accessed by dna), Lalit referred to a draft sent by Rastogi. A note with the draft says that CBI director Ranjit Sinha has found new points and facts in the 2G case, which "contradicts the present charge sheet" filed against Reliance Telecom. It says the CBI wants to suspend the ongoing trial against Reliance and reopen the case for further investigations.

The implications of this draft would have been grave if Lalit had agreed to the CBI's demand. That would mean the three-year trial will be suspended. "CBI will investigate all over again and file a supplementary charge sheet for a new trial against Reliance," said a senior advocate.

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