Special Judge OP Saini put in dock Aseem Aseervatham Achary, the then Additional Private Secretary to A Raja, by raising questions on the prosecution in their failure to produce a visitor's diary where the names of the persons coming to visit the minister are recorded.
Former Union Minister A Raja had no relations with Shahid Balwa and Vinod Goenka, co-accused in the multi-million 2G scam and there is no strength in the prosecution theory of the duo meeting the minister for more than 20 times, said the Special Court.
Special Judge OP Saini put in dock Aseem Aseervatham Achary, the then Additional Private Secretary to A Raja, by raising questions on the prosecution in their failure to produce a visitor's diary where the names of the persons coming to visit the minister are recorded.
"It is a common knowledge that when anyone visits office of a Minister, his particulars are recorded in a visitors' register. Achary himself admitted that an appointment chart of the Minister is also maintained. He also admitted that a visitor's register is also maintained in the DoT…….
"How is it that the prosecution could not collect even a single appointment chart or a visitors' register, in which the visit/meeting of the three accused with the Minister would be shown? It is not the case of the prosecution that whenever the three accused namely in the record, that is, in the appointment chart or in the visitor's register at the instance of Raja".
The court deemed Achary as a man of political inclinations and he is a man with political inclinations and used to think of joining a political party and weighing various options. This has further added to the belief that the witness is not reliable.
Based on the facts, the court reached on the conclusion that there was no relation between the accused and it was more of an "inchoate transaction between the two companies".
"From the material on record, it cannot be said that there was any relation/association/familiarity between A Raja, Shahid Balwa, Vinod Goenka and DB Realty Limited from before. Moreover, mere familiarity does not mean conspiratorial familiarity," the court said.
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