The infamous 2G spectrum scam has been debated and discussed both inside the court premises and out, since November 2010.
In an unexpected twist, Justice OP Saini of the CBI special court on 21 December acquitted all 19 accused in the alleged 2G spectrum scam, saying that the prosecution was unable to prove the charges.
The alleged Rs 1.76 lakh crore scam had been one of the most controversial episodes that the nation encountered post independence.
Saini, in his order, said that that no material on record shows that A Raja, the then-telecom minister and one of the key accused was the “mother lode of conspiracy” in the instant case. The judge also said that as there are no “proceeds of crime”, there is no need to discuss other issues based on evidence led by the parties.
While the judgment has sent political leaders, especially ones from Congress and DMK into a frenzy, legal experts have their own say on the judgment.
Former Attorney General Soli Sorabjee said he cannot term the judgment "good or bad" without reading it but was quick to add that "this is not a final verdict" and can be tested in appeals before higher courts.
It is only a special court verdict which can be appealed against. The CBI can appeal in the High Court. I have not read the judgment so cannot say if it was good or bad.
Soli Sorabjee
However, senior advocates Ajit Kumar Sinha and Dushyant Dave were forthcoming in their views and questioned the prosecution for the debacle.
While Sinha, a former high court judge, termed the outcome as “unfortunate”, Dave said “it shows a botched-up investigation in the matter where the prosecution failed to prove the case” and “this verdict creates serious doubts on the investigating agencies especially premier agency like the CBI.”
"Politically it raises a serious situation in the country. We have to see it in the political spectrum in a long way," he said.
Sinha echoed the findings of the special court which said the CBI had started its case with “great enthusiasm and ardour” but at the final stage of the trial, the Special Public Prosecutor and the regular CBI prosecutor moved in “two different directions without any coordination”.
"They (the CBI and ED) started on a good note and later it became very, very lacklustre and there was no evidence to corroborate nor it was taken with all sincerity and that really led to acquittal of each and every accused and its unfortunate," he said.
However, differing from Sinha and Dave, senior advocate Vikas Singh and former High Court judge RS Sodhi said prosecution did not have enough material to establish its case.
“There was lack of evidence. It speaks volumes of our judiciary. They had the best special public prosecutor in the matter. There was nothing in the matter. A bubble was created and it has now been burst,” Sodhi said.
“Judgment Grossly Wrong”
Prashant Bhushan, one of the Public Interest Litigators in the 2G spectrum allocation case, said that the acquittal of all was “grossly wrong” and that the judgment sends a signal that “influential people are not accountable” in India.
Bhushan is a PIL activist, who has reportedly fought over 300 cases of the same nature. He is also a founder member of the Swaraj Abhiyan.
Judgment Could Spell Trouble For “Loud-Mouthed Anchors”
With 29 years of experience behind him, senior Supreme Court lawyer Sanjay Hegde pointed out that the judgment could spell trouble for many news channels.
In his tweet, he said that the “loud-mouth anchors” would have to shell out money if A Raja chooses to pursue defamation case against them.
“No Scam Technically”
Practicing advocate and public speaker Prashant P Umrao, also took to Twitter to point out that irregularities in allocation did not mean a scam.
In another tweet, he said that the verdict was proof of “rampant media misuse”.
Indian Policy Research lawyer Sumit Nagpal, who is also a lecturer, tried to take a light-hearted take on the issue by tweeting that he did not know he would get an “example” for his classes this soon.
Senior legal journalist Utkarsh Anand, took to Twitter and said that CBI special prosecutor Anand Grover has “a lot to answer”, after Saini’s judgment.
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