The Special Public Prosecutor (SPP) in the 2G case has told the Central Bureau of Investigation (CBI) that there is a “more than sufficient case” for appealing against the December 21 judgment.
Sources in the investigating agency told DNA that senior Supreme Court advocate Anand Grover, who took over as SPP in 2014, has sent a detailed opinion to the CBI, “strongly recommending” that appeals be filed in the cases at the earliest.
In his judgment, Special CBI Judge OP Saini had acquitted all the accused, including former Union Telecom Minister A Raja and DMK Rajya Sabha MP M Kanimozhi.
Among the grounds that the SPP has referred to in his opinion include the failure of the judge to appreciate a substantial portion of the prosecution evidence on the issue of first come-first serve as well as selectively reading the evidence.
On the acquittal of Raja, the SPP has said while the court absolved Raja of wrongdoing on the premise that his decisions were based on the advice of the officers of Department of Telecommunications (DoT), the judge failed to appreciate the fact that the decisions were those of “Minister A Raja himself”.
On the alleged illegal gratification of Rs 200 crore given to Kalignar TV the SPP is learnt to have said the court analysed it in a piecemeal manner and the reasoning of the court was “highly suspect” and will be overturned in appeal.
Grover is also learnt to have told the CBI that the special court has “readily disregarded the evidence of crucial prosecution witnesses in their entirety”.
Sources said the SPP has also said the Special Court seems to have applied different standards for prosecution witnesses and the defence witnesses.
While both the CBI and Enforcement Directorate (ED) had said after the judgment that they would file appeals in the Delhi High Court, Grover’s opinion, sources said, will help them take the final call.
“He (Grover) has sent us a written opinion running into several pages. He has made out a very strong case for appeal,” said a senior CBI officer.
In detail...
Sources in the investigating agency told DNA that senior Supreme Court advocate Anand Grover, who took over as SPP in 2014, has sent a detailed opinion to the CBI
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