SC frowns upon CBI chiefs `move to reopen 2G case Instructs Agency To Show It All Relevant Records The Supreme Court on Tuesday turned it lens on the CBI director and asked the agency to submit all records relating to alleged attempts to seek a reopening of 2G spectrum scam trial which is nearing completion. The agency had sought this on the ground that the chargesheet against Swan-Reliance Telecom (ADAG) needed to be revised. The court also frowned upon the shunting out of probe supervising officer, DIG Santosh Rastogi, from the 2G spectrum scam case and directed the CBI director to get him back immediately . “If he has been moved out, then ask them to rectify the mistake immediately ,“ the court told CBIs special counsel K K Venugopal. Ranjit Sinha has been CBI chief since December 3, 2012. He refused to comment on the SCs observations but said Rastogi would continue to probe the 2G scam. He maintained that Rastogi had been transferred on administrative grounds. On a petition filed by Centre for Public Interest Litigation (CPIL) alleging irregular allotment of 2G spectrum in 2008 during A Rajas tenure as telecom minister, the apex court had monitored the CBI investigation into the case. Appearing for the Centre for Public Interest Litigation (CPIL), advocate Prashant Bhushan on Tuesday alleged that the CBI director had recently written a note “saying he wanted the entire case to be reopened“ as the chargesheet against Reliance Telecom was based on wrong premises. This was an attempt to “undermine“ the trial, he contended. CBI, in its chargesheet, had alleged that Reliance ADAG firm Reliance Telecom Ltd (RTL) had used Swan, an ineligible company , as its front company to get 2G spectrum licences. It had named Reliance officials Gautam Doshi, Surendra Pipara and Hari Nair as accused along with the company . The CBI chargesheet also alleged that Swan Telecom was ineligible to bid for 2G licences as Reliance Telecom, an existing player, had 10% stake in it. However, Reliance Telecom had divested its shares from the company prior to it getting the licences. Bhushan said at the fag end of the trial, Sinha allegedly issued a note attempting to change the basis of fil ing of the chargesheet against Reliance Telecom. “In his opinion, the chargesheet was based on wrong premises,“ he said. “The CBI director now says that the date should not be the date of application but the date of award of licence because Swan had by then divested its share,“ Bhushan said. He said then special public prosecutor, senior advocate U U Lalit, had admonished the CBI for the note. Bhushan said, “This note was sent to Lalit. He has apparently written a threepage strong letter terming this is totally absurd. He has asked who has given this instruction to do this. The note proposed requesting the trial court to stop the trial proceedings.“ He added, “After Lalits intervention, the move was stalled. But now that Lalit is out of the case (as he is likely to take oath as SC judge), another note has been moved by Sinha for stoppage of trial. This is a serious issue. The court may call for the files, peruse the notings of investigating officers as also Lalits letter. This prima facie appears to be serious and an attempt to undermine the trial.“
Posted on: Wed, 13 Aug 2014 05:11:55 +0000
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