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Former UPA telecom minister A Raja, DMK Rajya Sabha MP Kanimozhi and 15 others were acquitted on Thursday, 21 December, of charges in the 2G spectrum "scam". Judge OP Saini read out a single-line verdict – “all acquitted of all charges”.
The judgement said that investigators "miserably failed" to prove that Raja, along with officials from companies that won the licenses for telecom services, had conspired to receive kickbacks from the sale of phone permits, causing a loss of Rs. 1.76 lakh crore to the public exchequer.
Court acquittal in 2G spectrum case validates my rightfulness; my actions were for benefit of masses, says former telecom minister A Raja. “The entire case is cooked-up, it has no basis,” he added.
The CBI received a backhanded compliment from the special court for filing a "well choreographed chargesheet" containing incorrect facts which miserably failed to prove charges against the accused in 2G spectrum case.
Special CBI Judge OP Saini rued that despite having "religiously" devoted seven years to 2G case, no "legally admissible evidence" was placed before him by the CBI.
BJP MP Subramanian Swamy hit out at the 2G scam verdict saying that this is "not a setback, its an aberration as the law officers were not serious about fighting against corruption."
Swamy said he has written to Prime Minister Narendra Modi asking him to “fight corruption on a war footing.”
The CBI has said it will take legal remedies following the 2G ‘scam’ case verdict.
“Today’s judgement has been prima facie examined and it appears that evidence adduced to substantiate charges by the prosecution has not been appreciated in its proper perspective by the learned court. CBI will be taking necessary legal remedies in the matter.”
Working president of DMK, MK Stalin, said he conveyed the news of the verdict to his father, Karunanidhi, who expressed happiness:
“He held my hand, and that of the party general secretary K Anbazhagan, to express his happiness after we told him about the 2G verdict.”
Key accused Kanimozhi is Karunanidhi’s daughter.
The 2G verdict will remain a black mark in the history of Comptroller and Auditor General's (CAG's) office, and former CAG Vinod Rai should be prosecuted, Congress spokesperson Tom Vadakkan said on Thrusday.
"A blind man can see. You know the CAG chief is today one of the strong advisors of the government, posted on various boards and organisations and is being rewarded for what he has done. That will remain a black mark in the history of CAG," Vadakkan said.
The Enforcement Directorate (ED) will appeal against the judgment, agency sources said.
They said the agency will study the order and will knock on the doors of the High Court armed with their evidence and investigation.
Sources said it has to be seen if the ED case has been rejected by the court merely because the predicate offence probe of the CBI has been rejected, or if there were other reasons to do so.
Manmohan Singh and Rahul Gandhi called up Kanimozhi, and spoke to her post the verdict, CNN-News18 reports. Meanwhile, Finance Minister Arun Jaitley is briefing the BJP spokesperson on the verdict.
“The prosecution’s main argument was on clause 8 – it is a civil issue. It was never an issue of criminality. This is what the court also held. All the people of the industry who were accused have suffered enough, licenses cancelled, they were also unable to travel abroad.”
Kanimozhi, one of the main accused in the case, has lauded the verdict.
“Finally our innocence has been proven. I will not deliberately target anyone, but there was a conspiracy and a lot of people had a hand in this. It wasn’t easy. You are being accused of something you haven’t done and corruption charges are the worst. It means a lot for DMK because corruption has been used as a peg to slam our party.”
In the government’s first reaction after the verdict, Finance Minister Arun Jaitley has remarked:
“Congress leaders are treating this judgement as some kind of a badge of honor, and a certification that it was an honest policy. But every case of spectrum allocation was quashed by SC (in 2012) as arbitrary and unfair, and the govt was directed to have a fresh policy by which an auction would take place. That the policy caused loss is clear form the fact that subsequent auctions got a much higher price. ”
Here's the operative part of the 2G spectrum ‘scam’ case verdict pertaining to former telecom minister, A Raja.
There is no material on record to show that Shri A Raja was mother lode of conspiracy in the instant case. There is also no evidence of his no holds barred immersion in any wrongdoing, conspiracy or corruption... 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.
Former Prime Minister Manmohan Singh, whose government was slammed over the case, spoke to reporters after the verdict. In his first reaction after the 2G spectrum ‘scam’ case verdict, Singh said “the judgment speaks for itself.” “Massive propaganda put forth without any foundation,” he added.
All acquitted in the 2G spectrum ‘scam’ case will have to furnish a bail bond of Rs 5 lakh each. This is done to ensure their presence in a higher appellate court, if the verdict is challenged.
Ruckus erupted in Parliament, which was adjourned till 2 pm, after the 2G spectrum ‘scam’ verdict. Congress’ Ghulam Nabi Azad questioned the BJP over the allegations made in the case.
Congress leader Manish Tiwari said former CAG Vinod Rai must apologise to the nation for "throwing presumptive and sensational numbers into public discourse".
Shares of the companies whose managements were accused in 2G spectrum ‘scam’ rose in an otherwise subdued session after a special CBI court acquitted all accused.
The CBI, which drew up the charges in the case, has said it will take legal opinion after viewing the judgment.
All the accused in the case, including former telecom minister A Raja and Kanimozhi, have been acquitted in the 2G ‘scam’ verdict. DMK supporters outside the court reportedly broke into celebrations. Judge OP Saini read out a single-line verdict – “all acquitted of all charges”.
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.
Security outside Patiala House Court has been heightened in light of the expected verdict.
There are reportedly hunderds of supporters from the DMK stationed outside the court. The courtroom had to be cordoned off ahead of the 2G ‘scam’ verdict, NDTV reports.
Subramanian Swamy, a private complainant in the case, is also at the court. Defence lawyer Manali Singhal has reportedly objected to his presence there.
Former telecom minister A Raja arrives at the Patiala House Court ahead of the 2G ‘scam’ verdict.
Kanimozhi, daughter of DMK chief M Karunanidhi and Rajya Sabha MP, arrives at Patiala House Court ahead of the 2G ‘scam’ verdict.
Special judge OP Saini, handpicked to hear the 2G spectrum case trial, has arrived at the Patiala House Court. The 2G ‘scam’ verdict to be out soon.
Former minister and accused A Raja leaves for the Patiala House Court for the 2G ‘scam’ verdict, on Thursday, 21 December.
Former CAG Vinod Rai’s 2010 report said that the “scam” had caused a loss of Rs 1,760,000,000,000 to the public exchequer. The two main accused, former Telecom Minister A Raja and DMK Rajya Sabha member Kanimozhi, are currently out on bail.
The final arguments in the case were concluded on 26 April. According to the Central Bureau of Investigation (CBI), Raja allocated 2G mobile airwaves and operating licences to telecom firms in exchange for bribes.
The CBI chargesheet said Rs 200 crore were transferred from DB Group to Kalaignar TV as kickbacks in lieu of allocation of 2G spectrum to Swan Telecom Pvt Ltd.
In the 2G case against Essar and Loop, the CBI has alleged that the promoters of the Essar Group were the real investors and beneficiaries of the spectrum. Essar and Loop promoters are facing trial for hatching a conspiracy to cheat the government for obtaining spectrum licences.
(With inputs from PTI and IANS.)
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