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CBI moves Supreme Court for lodging perjury case against lawyer

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CBI on Friday filed a plea before the Supreme Court seeking registration of FIR against advocate Kamini Jaiswal, the lawyer for petitioner NGO CPIL, for allegedly giving false statement on oath before it in Aircel-Maxis case in 2G scam. Recently, advocate Prashant Bhushan, who argues the case for the NGO, has sought the bench headed by Justice H L Dattu for an order directing CBI director Ranjit Sinha to recuse from 2G case on the ground that he had allegedly attempted to save former telecom minister Dayanidhi Maran in Aircel-Maxis case. In its application, CBI said, "Petitioner's plea is clearly mischievous and is based upon untrue facts in which mistreatments have been deliberately made so as to obtain favourable orders from this court."

Bhushan had argued that the IO in the case was in favour of filing the chargesheet but director was taking a contrary stand in the case.

In the meantime, CBI has filed chargesheet before the special court against eight accused.

Clarifying the situation, the agency said that there was difference of opinion between the Investigating Officer (IO) Santosh Rastogi and Director Prosecution whether to prosecute the accused persons in Aircel Maxis case or not.

Department of prosecution had agreed with the IO and supervisery officers' view to prosecute the accused but said the evidence against them was not sustainable.It said Attorney General has refused to give any opinion, in that case CBI director had on his note said that there was "some weaknesses" in the prosecutable evidence and again sent to AG for his opinion but no where he said "no case is made out against accused". Regarding the allegation of transfer of IO Rastogi from ACB Delhi to Special Crime Branch -II in CBI, the agency. Said "he was not relieved from the work In ACB till date.

In addition, the application said another " intentional and deliberate" false statement has been made by the petitioner in the affidavit that Director CBI has been admonished by the Top Court in coal scam for showing status report to political parties whereas "no such admonishment had the same is matter of record."

The bench headed by Justice H L Dattu is likely to hear the plea next week.

Sinha has been in the centre of controversy for his alleged interference into the various probe in the 2G cases as well as in the coal scam.

Questioning his intigrity, Bhushan has told the court that he has enough material to show that Sinha has met the accused persons in 2G case, coal scam and other cases at his official residence.

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