2G Case Verdict: On What Grounds Will CBI Challenge the Acquittal

Special Judge OP Saini ripped apart the CBI’s investigation while acquitting all accused in the 2G case.

Acquittal of all accused in the 2G “scam” by a lower court came as a shock to the Central Bureau of Investigation (CBI). Within a few hours of the judgment being pronounced, sources in the CBI revealed that they will appeal in the High Court against the judgment within 60 days.

Special Judge OP Saini ripped apart the CBI’s investigation in his judgment by saying,

The charge sheet of the instant case (2G case) is based mainly on misreading, selective reading, non-reading and out of context reading of the official record.

Earlier in the day, the CBI released a statement saying it will take “legal remedies” as the evidence that it presented was not “appreciated in its proper perspective”.

According to sources in the agency, these are some of the grounds on which the CBI plans to file its appeal:

• The court relied on oral evidence presented by the accused over written and documentary evidence presented by the CBI. Although, the legal value and sanctity of documentary evidence is more than oral statements
• In 2007, 2G spectrum licences were sold at the rate of 2001. According to CBI sources, it is a proven fact that nobody can deny. Then why did the court overlook such a crucial evidence?
• Sources say that the first come, first serve process was carried out in a manner that helped Swan Telecom and Unitech, who were ready to submit bank drafts at a short notice. Thus, effectively keeping out eligible companies. CBI claims to have produced documentary evidence on this which runs into millions of pages and is supported by 250 witnesses
• Speculative gain by many companies is also a fact that has been ignored by the court
• Front companies were created to get multiple circles/benefits by business groups
• SC monitored the CBI’s investigation and regular status reports were filed in the court
• According to CBI sources, the agency produced enough evidence before the court to show that the sum of Rs 200 crores was borrowed at 14% interest by the private companies, but was transferred through bank channels to Kalaignar TV at 5% interest. The TV channel was allegedly run by Raja and Kanimozhi and the money was returned after CBI began to probe the 2G case