Friday, December 22, 2017

No proof of scam: Court A scam of lies: Congress

In A Stunning Verdict, CBI Judge Acquits All Accused In 2G Case, Slams Shoddy Prosecution & ‘Well Choreographed Chargesheet’

Aamir Khan & Abhinav Garg TNN

New Delhi: Holding that the 2G spectrum scam of 2008 was “conjectured” by some people, a CBI court on Thursday acquitted former telecom minister A Raja, DMK chief K Karunanidhi’s daughter Kanimozhi, wellknown businessmen, bureaucrats and all other accused, a stunning twist in the case which along with other scandals came to symbolise the crony capitalism which allegedly flourished under UPA, provoking popular fury which helped BJP in the 2014 Lok Sabha polls.

In his 1,552-page order, special judge O P Saini held that there was no criminality or conspiracy in 2G spectrum allotment and said some people created a “scam by artfully arranging a few selected facts and exaggerating things beyond recognition to astronomical levels”.

Others who were acquitted

included prominent businessmen Ravi Ruia, Anshuman Ruia, I P Khaitan, Shahid Balwa, Vinod Goenka, Sanjay Chandra, former telecom secretary Siddharth Behura and R K Chandolia, who served as PS to Raja in the telecom ministry.

The order, which came seven years after the Supreme Court set up a special court to try the accused, was categorical in holding that the controversial former telecom minister did no wrong and pinned the blame on multiple government agencies — from Manmohan Singh’s PMO to ministries of finance and law as well as DoT officers.

“Nobody believed the version of DoT and a huge scam was seen by everyone where there was none,” the order said.

Saini also came down heavily on the CBI, charging the investigating agency with shoddiness and approaching the case in fits and starts. The judge, who had earlier discharged another UPA minister Dayanidhi Maran of DMK and his brother Kalanidhi in a 2G scam-related case, said he had “absolutely no hesitation in holding that the prosecution miserably failed to prove any charge against any of the accused, made in its well choreographed chargesheet”. The case relates to the decision of Raja, a nominee of DMK in the Manmohan Singh government, to award 122 telecom licences in 2008 at 2001 rates, which according to CAG estimates resulted in presumptive loss of up to ₹1.76 lakh crore.


Trial court clean chit contrary to SC order


The trial court’s clean chit runs counter to the SC order cancelling all 122 licences. The SC had said: “The exercise... under the leadership of the then minister... was arbitrary, capricious and contrary to public interest...” P12

CBI will move high court against verdict


C BI will move the Delhi high court against the acquittals, saying the trial court had failed to “appreciate in proper perspective the evidence submitted by it”. CBI said the trial court ignored “documentary evidence”. P11

Court: PMO officials suppressed facts


The CBI special court observed that key officials in the Manmohan Singh PMO — secretary Pulok Chatterjee and principal secretary TKA Nair — suppressed the relevant and controversial part of former minister A Raja’s letter to Manmohan Singh.P11

Manmohan: Glad that court said case has no foundation

Congress said BJP’s “propaganda and lies” was exposed and PM Narendra Modi and finance minister Arun Jaitley should apologise for the misinformation.

Reacting to the judgment, Jaitley asserted that there was no doubt about a scam having taken place, saying the 2G allocations in 2008 were based on pricing discovered in 2001and were arbitrary and opaque. “The cut-off dates for eligibility were manipulated and the first-come firstserved principle twisted to ensure a select few got the licences to run telecom services,” he said.

Former PM Manmohan Singh, who has been accused of not being able to check Raja’s actions, said the case lacked substance. “I am glad that the court has pronounced unambiguously that all this massive propaganda which was being done against the UPA was without any foundation,” he said.

While the trial court’s order will be appealed, the political battle promises to rage for a while as questions over the efficacy of the prosecution were discussed in BJP in the context of the court’s remarks that witnesses were not adequately examined and the investigation failed to establish proceeds of crime.

BJP leaders, however, said the trial court ignored several issues and the huge difference in revenue earned in auctions for spectrum beginning in the UPA term itself and thereafter when NDA assumed office made it evident that the 2G allocations were seriously tainted by irregularities. “This order is questionable on several counts, it will be appealed and all efforts will be made to ensure relevant issues are considered,” said a senior minister.

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