Agency files appeal only against strictures passed by the CBI court
New Delhi: The CBI has moved the Delhi High Court seeking quashing of strictures passed against it by a special court in the additional spectrum allocation case. CBI court judge OP Saini in October 2015 discharged all the accused charge-sheeted for alleged wrongdoing in a 2002 allocation of additional spectrum to telecom companies, causing a .₹ 846 crore revenue loss to the government.
The accused included former telecom secretary Shyamal Ghosh and three telecom companies. While discharging all the accused, the special court had directed the then CBI director to hold an inquiry against what it termed the “erring officials” of the investigation agency.
Interestingly, the agency has now filed the appeal only against the strictures passed by the CBI court and not on the merits of the judgement discharging the accused.
The appeal was filed last month, a senior CBI officer said, requesting anonymity. “The appeal is confined to challenging the censure by the special CBI Court,” he added.
In the 2015 ruling, the special court had termed CBI’s charges against the accused as “false and fabricated”. According to it, the CBI tried to mislead the court and that the charge sheet filed by it contained full of “distorted facts”. The judge had hauled up the agency for “creating an impression” that “demand” for additional spectrum began on the joining of the then telecom minister Pramod Mahajan.
“It (charge sheet) has been drafted as to create an impression of a grave crime, where there is none. An attempt has been made to create an impression in the charge sheet that everything was done in the dark hours of evening of January 31, 2002. There is no doubt that the charge sheet has been filed for extraneous reasons,” the order had said.
Raising doubts over the probe, the CBI court had said that attempts were made by the agency to “distract the attention of the court” by withholding “important documents”. It also rapped the CBI for placing “irrelevant documents only to burden the court”.
The judge held that the CBI had “no idea as to what their case is all about”. The agency was reprimanded for “concealing documents” like those pertaining to the recommendations of the sector regulator that dealt with allocation of additional spectrum and the files relating to “processing and disposal of application of companies” made in 1999 and 2000 for additional spectrum.
CBI court discharged all the accused chargesheeted for alleged wrongdoing in a 2002 allocation of additional spectrum to telcos