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2G Case: CBI Says Necessary Legal Remedies Will Be Taken

2G Case: CBI Says Necessary Legal Remedies Will Be Taken
Traffic passes mobile phone telecommunications towers in Mumbai. (Photographer: Dhiraj Singh/Bloomberg)
8 years ago
Get live updates on the 2G Scam verdict due today. A Delhi court will decide the fate of several politicians, businessmen and top executives today as it pronounces its judgement in the 2G spectrum allocation scam unearthed during the term of the previous United Progressive Alliance government.

2G Case Judge Om Prakash Saini today said that despite having "religiously" dedicated seven years to the 2G case, the court was not presented with "legally admissible evidence".

"I may also add that for the last about seven years, on all working days, summer vacation included, I religiously sat in the open Court from 10 a.m. to 5 p.m., awaiting for someone with some legally admissible evidence in his possession, but all in vain," Saini said in his 1,552 page verdict.

Court has not appreciated evidence in 2G spectrum case in proper perspective.

CBI Spokesperson

Since there are no “proceeds of crime”, in my humble opinion, there is no need to discuss other issues based on evidence led by the parties, as that would amount to an exercise, not only in speculation but also in futility, as the very basic fact required for constitution of an offence of money -laundering, that is, “proceeds of crime”, is knocked out. Accordingly, all accused are entitled to be acquitted and are acquitted.

In view of the above detailed discussion, prosecution has not been successful in proving any of the ingredients either of the offence of conspiracy to cheat DoT or of the substantive offence of cheating. Accordingly, I have absolutely no hesitation in holding that prosecution has miserably failed to prove any charge against any of the accused. Consequently, all accused are entitled to be acquitted and are accordingly acquitted.

The end result of the above discussion is that, I have absolutely no hesitation in holding that the prosecution has miserably failed to prove any charge against any of the accused, made in its well choreographed charge sheet.

He was the author of the Rs 1.76 lakh crore loss theory that I had destroyed during my cross examination of Rai in Joint Parliamentary Committee. Court has affirmed the JPC Report. 

Manish Tewari, Congress Leader

My position and the Prime Minister’s position stand vindicated. It was a scam by Vinod Rai. Vinod Rai’s presumptive loss theory has been proved wrong.

Kapil Sibal, Congress Leader

  • Unitech up 15 percent to Rs 8.17
  • Reliance Communications gains 4.2 percent to Rs 17.99
  • DB Realty surges 20 percent to Rs 43.70

The court has also acquitted Loop Telecom promoters IP Khaitan and Kiran Khaitan and four others in the case arising out of 2G scam probe. It also freed Essar Group promoters Ravi Kant Ruia and Anshuman Ruia of the charges in the case arising out of 2G scam probe, PTI reported.

With this, all 19 of the accused in the Enforcement Directorate's money laundering case have been exonerated.

“Justice has been delivered,” Kanimozhi said to BloombergQuint after the announcement of the verdict.

  • Kanimozhi, daughter of DMK leader M Karunanidhi, faces allegations about her ties to Kalaignar TV, which allegedly was a beneficiary of bribes in return of the 2G licenses granted to Swan Telecom Pvt. Ltd.
  • Shahid Balwa and Vinod Goenka of DB Realty Ltd. and promoters of Swan Telecom
  • Ravi Ruia and Anshuman Ruia from Essar Teleholdings and Kiran Khaitan and IP Khaitan from Loop Telecoms were accused of criminal conspiracy and cheating the Department of Telecommunications.
  • Unitech Wireless Ltd. and its former head Sanjay Chandra—managing director of real estate company Unitech Ltd. The telecom unit acquired the spectrum and then tied up with Norway’s Telenor for a telecom joint venture.
  • Raja’s former private Secretary RK Chandolia.
  • Former Telecom Secretary Siddartha Behrua.
  • Sharad Kumar, managing director at Kalaignar TV.
  • Asif Balwa and Rajeev Agarwal, both directors at Kusegaon Fruits and Vegetables Pvt. Ltd, a company accused of routing bribes to Balwa’s company.

In 2008, airwaves were allocated to mobile services providers on a first-come-first-served basis. Raja, the then telecom minister, is accused of taking bribes to arbitrarily change norms several times to benefit select individuals and companies, overruling the advice of the regulator and the Prime Minister’s Office, according to the CBI’s chargesheet. He allegedly changed the cut-off date to apply for a licence and handed out spectrum at an entry fee charged in 2001.

The CBI pegged the loss to the exchequer at Rs 30,984 crore—the Comptroller and Auditor General had estimated the notional loss at Rs 1.76 lakh crore.

All the licences allotted during Raja’s tenure were ultimately cancelled by the Supreme Court in 2012. Raja was charged with cheating, forgery, criminal conspiracy and other provisions of the Indian Penal Code and the Prevention of Corruption Act. He resigned as telecom minister in November 2010 and was sent to jail in Feb. 2011 and released on bail 15 months later.

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