Besides the observation and findings of the Supreme Court in this case appear to have not been considered by the Special Court
Shocked over the special court's judgement to acquit all the accused, the Central Bureau of Investigation (CBI) stated that they had been filing monthly status reports before the Supreme Court and the investigation was appreciated at every step. However, sources said they fail to understated why the judgement went against them. The agency decided to appeal against the court order.
Also Enforcement Directorate decided to appeal against the order. ED said the Special Court appears to have failed to appreciate the money laundering offence that probed by it should have held ground and not linked to CBI's corruption case.
"Besides the observation and findings of the Supreme Court in this case appear to have not been considered by the Special Court," the ED added.
Sources in the CBI said, "Our key contention was not taken into account by the special court. We are going through it for as it is lengthy judgement. The key points which struck us immediately was that there written and documentary evidence and it was not given due to importance."
Sources further pointed out that the court has relied on oral evidence of the accused and also failed to see the bribe trail wherein Rs 200 crore 'pay-off' happened wherein a company take loan on 14 percent and given at 5 percent. "We had documentary evidence running into lakh of pages, the court relies on accused statements," the source said.
CBI in a statement said, "The judgement relating to 2G scam case today has been prima facie examined and it appears that the evidence adduced to substantiate the charges by the prosecution has not been appreciated in its proper perspective by the Learned Court. CBI will be taking necessary legal remedies in the matter. In due course, CBI will be filing an appeal."
In the meantime, ED pointed out that the Special Court prima-facie appears to have failed to appreciate the offence of money laundering as defined under Section 3 is, based on the term proceeds of crime.
ED also said the special court has appreciated the material evidence qua offence of money laundering at the time of framing of charges against the accused persons but the same material appears to have not been considered while deciding the prosecution complaint under PMLA and the accused persons have been acquitted from the offence of money laundering only on the basis of no commission of offence and not the occurrence of criminal activity.
"We have decided to move in appeal against the judgement of the Special Court on a number of grounds based on the facts as well as legal provisions," the ED said in a statement.
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