December 21, 2017
A Special CBI Judge today in the much touted 2G scam has acquitted all accused in the scam including Former Telecom Minister A Raja and DMK Leader Kanimozhi on the ground that the prosecution failed to prove the case beyond doubt.
In the case of CBI v. A Raja & Ors. taken up by the Special CBI Court today the Court held that that the prosecution had miserably failed to prove any charge against any of the accused in the matter.
The instant case dates back to the year 2009 when case was registered against officials of Department of Telecommunications (DoT) and unknown private persons/companies and others for the offences punishable under sections 120B of Indian Penal Code read with 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 (criminal misconduct by public servant) on allegations of criminal conspiracy and criminal misconduct, in respect of allotment of Letters of Intent (LOI), Unified Access Services (UAS) Licenses and spectrum by the DoT.
The Special CBI Court while acquitting the accused in the case observed that:
“There is no evidence on the record produced before the Court indicating any criminality in the acts allegedly committed by the accused persons relating to fixation of cutoff date, manipulation of firstcome firstserved policy, allocation of spectrum to dual technology applicants, ignoring ineligibility of STPL and Unitech group companies, non revision of entry fee and transfer of Rs. 200 crore to Kalaignar TV (P) Limited as illegal gratification. The charge sheet of the instant case is based mainly on misreading, selective reading, nonreading and out of context reading of the official record. Further, it is based on some oral statements made by the witnesses during investigation, which the witnesses have not owned up in the witnessbox. Lastly, if statements were made orally by the witnesses, the same were contrary to the official record and thus, not acceptable in law”.
The Court while acquitted A. Raja in the case remarked that there was no material on record to show that A. Raja was mother lode of conspiracy in the instant case and there was no evidence of his in any wrongdoing, conspiracy or corruption.