The Delhi High Court on Monday rejected former Telecom Minister A Raja's erstwhile Private Secretary RK Chandolia's plea to drop criminal proceedings against him in 2G spectrum allocation case on the ground that CBI had obtained "illegal" sanction to prosecute him.
Justice ML Mehta dismissed Chandolia's plea and said "there was prima facie incriminating material against the petitioner and the sanctioning authority has granted sanction under section 19 of the Prevention of Corruption Act after due application of mind".
"I do not find any merit in the present petition. It is accordingly dismissed", he said.
Rejecting Chandolia's argument that no sanction under the CrPC was obtained by the probe agency, the court said "I am of the view that no sanction under section 197 Cr PC was required in the instant case as the alleged acts of the petitioner did not fall within the scope of his officials duties."
The high court also rejected the petitioner's argument that the investigation was flawed as it was without the permission under the Delhi Special Police Establishment(DSPE) Act.
"The FIR was initially registered against the unknown persons and so there was no initial permission required under DSPE Act," the court said.
Chandolia has moved the high court challenging Special CBI Judge OP Saini's order which has rejected his plea to discharge him in the case.
Chandolia had sought to be discharged, contending CBI had not secured sanction as per the CrPC provisions to try him for penal offences.
Besides former Telecom Minister A Raja, thirteen others, including Chandolia and three private companies, are facing trial in 2G spectrum allocation case.
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