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2G scam verdict: Court pulls up then SG for dithering in case

In the judgment, OP Saini recorded that the Solicitor General had approved the action of DoT regarding change of policy of first-come first­served from date of application to date of payment

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Late GE Vahanvati
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Special Judge OP Saini not only pulled up the prosecuting agencies for failing to make their case in the 2G spectrum scam, but also highlighted roles of several officials, private and public, who dithered on the stand.

The trial court judgment makes special references to several officers whose testimonies hugely impacted the case including that of former Solicitor General GE Vahanvati who the judge noted “tried to wriggle out” of his own submissions.

In the judgment, Saini recorded that the Solicitor General had approved the action of DoT regarding change of policy of first-come first­served from date of application to date of payment. In his note, he had specifically noted that he had seen the notes and the issue of new LOIs was not before any Court and what was proposed was fair and reasonable. However, in the witness-box, he tried to wriggle out of the same.

It was this change of stance which led to “unnecessary controversy” Saini observed. Had Vahanvati stood by his notings, the controversy would have died down much earlier, the judgment read.

“He had the capacity, calibre and standing to explain the whole issue, but unfortunately he too chose to depose against his own official noting by resorting to legal technicalities. He endeavoured hard to absolve himself of all responsibility. Thus, his evidence did not match up to his standing. It is unfortunate that he is one of those witnesses whose testimony has been rejected in toto for being contrary to official record,” the judge said.

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