2G spectrum scam: More trouble for Raja and others as CBI files fresh charges

Trouble seems to be never ending for former Telecom Minister A Raja and his two associates as the CBI on Monday moved the special 2G court slapping fresh charges of breach of trust by public servants on them in the 2G spectrum allocation case, thereby creating more hurdles for seeking bail.

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 IPC is certainly made out against Raja, his former private secretary RK Chandolia and former telecom secretary Siddharth Behura.

The CBI in his plea said besides Raja and two former officials, all others, including DMK MP Kanimozhi and three telecom firms should be charged under section 409 (criminal breach) read with 120 B (criminal conspiracy) of the IPC.

"It is submitted that accused Raja, Behura and Chandolia were public servants having a dominion over valuable 2G spectrum in their respective capacities as public servants,” CBI stated in its application.

The court asked all accused to reply to CBI's new charges by September 30.

“The said accused public servants in pursuance of conspiracy with other accused dishonestly disposed of the valuable 2G spectrum illegally and in violation of the existing policies and the eligibility criterion in order to confer wrongful gain on accused Swan Telecom promoter Shahid Usman Balwa,Vinod Goenka of Swan Telecom, MD of Unitech Sanjay Chandra and Unitech Wireless Tamil Nadu Ltd,” the CBI told the court.

“Thus, accused Raja, Behura and Chandolia have committed an offence punishable under section 409 IPC and all other accused have committed an offence punishable under section 409 read with section 120 B IPC. With the cognisance of this court (they) should be charged accordingly,” the application said.

The CBI, in its plea, prayed that a case of framing of charge under section 409 IPC is certainly made out.

“It is humbly prayed that a charge under section 409 IPC be framed against accused Raja, Behura and Chandolia and charge under section 409 read with 120 B IPC framed against all other accused in addition to the charges already mentioned in the charge sheets filed before this court," the agency said.

Section 409 IPC carries a maximum punishment of imprisonment for life or imprisonment for a term which may extend upto ten years.

The CBI, in its earlier two charge sheets against the accused, have booked them for the offences punishable under section 120B, 420, 468 and 471 IPC besides various provisions of the Prevention of Corruption Act.

The defence counsel Sushil Kumar for Raja, however, opposed the CBI's plea saying, “They just want to delay the proceedings of framing of charges against the accused.”

Kumar told the court that Union Home Minister P Chidambaram was a party to all the decisions taken in connection with the 2G spectrum allocation. He, however, clarified that he was not making an attempt to present Chidambaram as an accused.

“I am not calling P 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 statement of the home minister should have been taken in September 2010 itself.

Raja, who argued for himself asserted that there was no difference of opinion between Raja and Chidambaram, adding that the allocation was a Cabinet decision and that the entire Cabinet must be made to face the trial.

“It was a decision taken by 2003 Cabinet and followed by all subsequent Cabinets. Why is only my client in jail? Call Chidambaram as a witness under Section 311 and let him accept or deny wether he gave the advice in presence of PM or not, and then let the court decide if it wants to call the PM,” said Kumar.