2G case: CBI for fresh charges against Raja, others

New Delhi, Sep 26 (PTI) India's premier investigating
agency CBI Monday moved a designated special court for
slapping the fresh charge of breach of trust by public
servants against former Telecom Minister A Raja and two others
in the 2G spectrum allocation case.
Special Public Prosecutor U U Lalit filed an application
before Special Central Bureau of Investigation (CBI) Judge O P
Saini, saying a case of criminal breach of trust under Section
409 of the Indian Penal Code is "certainly made out" against
Raja, his former private secretary R K Chandolia and former
telecom secretary Siddharth Behura.
The CBI plea said besides Raja and two former officials,
all others, including DMK Member of Parliament Kanimozhi and
three telecom firms should be charged under section 409
(criminal breach) read with 120 B (criminal conspiracy) of the
IPC.
"It is submitted that accused 1, 2, and 3 (Raja, Behura
and Chandolia) were public servants having a dominion over
valuable 2G spectrum in their respective capacities as public
servants," said the CBI application.
"The said accused public servants in pursuance of
conspiracy with other accused dishonestly disposed of the
valuable 2G spectrum illegally and in violation of the
existing policies and the eligibility criterion in order to
confer wrongful gain on accused no. 4 (Swan Telecom promoter
Shahid Usman Balwa), 5 (Vinod Goenka), 6 (Swan Telecom), 7 (MD
of Unitech Sanjay Chandra) and 8 (Unitech Wireless Tamil Nadu
Ltd)," the CBI told the court.
"Thus, accused Raja, Behura and Chandolia have committed
an offence punishable under section 409 Indian penal Code and
all other accused have committed an offence punishable under
section 409 read with section 120 B IPC. With the cognisance
of this court (they) should be charged accordingly," the
application said.
The CBI, in its plea, prayed that "a case of framing of
charge under section 409 IPC is certainly made out.
"It is humbly prayed that a charge under section 409 IPC
be framed against accused Raja, Behura and Chandolia and
charge under section 409 read with 120 B IPC framed against
all other accused in addition to the charges already mentioned
in the charge sheets filed before this court," the agency
said.
Section 409 IPC carries a maximum punishment of
imprisonment for life or imprisonment for a term which may
extend upto ten years.
The CBI, in its two charge sheets against the accused,
have booked them for the offences punishable under section
120B, 420, 468 and 471 IPC besides various provisions of the
Prevention of Corruption Act.
The defence counsel, however, opposed the CBI's plea
saying, "They just want to delay the proceedings of framing of
charges against the accused."
Special Public Prosecutor Lalit submitted the application
to the court for slapping fresh charges against 2G scam
accused while arguing on a Law ministry report which said a
firm should have more than 10 per cent stakes in another for
being termed its associate, a plea taken by 2G scam accused
Reliance Telecom and Swan Telecom.
Law Secretary D R Meena, in his report to DoT, had said
the term "associate" could be determined only by applying the
"share-holding" test between telecom firms.