CBI is making it increasingly difficult for former telecom minister A Raja to get bail in connection with the 2G scam.
The Central Bureau of Investigation (CBI) is making it increasingly difficult for former telecom minister A Raja to get bail in connection with the 2G scam. The CBI on Monday slapped fresh charges against Raja, his former secretary RK Chandolia and ex-telecom secretary Siddharth Behura, all accused in the 2G case.
Special public prosecutor UU Lalit filed an application before special CBI judge OP Saini, saying a case of criminal breach of trust under section 409 of the Indian Penal Code (IPC) is “certainly made out” against the trio.
Section 149 is a non-bailable offence and if convicted, life term is the maximum punishment for the accused.
In its plea, the CBI said not just Raja, but all others, including Rajya Sabha MP Kanimozhi and three telecom firms - Shahid Balwa and Vinod Goenka’s Swan Telecom, Sanjay Chandra’s Unitech and Unitech Wireless Tamil Nadu Ltd - must be charged under section 409 along with section 120B (criminal conspiracy) of the IPC. The court asked all accused to file their replies to the CBI’s new charges by September 30.
Defence counsel Sushil Kumar opposed the CBI’s plea. “It wants to delay the proceedings of framing charges against the accused,” he said. Kumar said Union home minister P Chidambaram was party to all decisions taken in connection with the 2G spectrum allocation. “I am not calling Chidambaram an accused, but he knew everything. He was acquainted with all facts and circumstances of the case,” he said.
Raja’s lawyer also said that the home minister’s statement should have been taken in September 2010 itself. Raja said the allocation was a decision taken by the cabinet and that the entire cabinet must face trial.
“Why is only my client in jail? Call Chidambaram as a witness under section 311. Let him admit or deny that he gave advice in the presence of the PM. Let the court then decide whether to call the PM,” said Kumar.
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