2G scam: CBI opposes monitoring of probe by experts

New Delhi, Sep 29 (PTI) Central Bureau of Investigation
(CBI) Thursday opposed the plea for setting up a committee of
experts for effective monitoring of the probe in 2G spectrum
scam case by claiming in the Indian Supreme Court that "it has
done fairly credible job".
"Untill this hearing, your lordship on each occasion and
on looking into the status reports did not find anything wrong
in our investigation," senior advocate K K Venugopal,
appearing for CBI, told a bench of justices G S Singhvi and
A K Ganguly.
He said a very high-profile case is under investigation
and investigating officers are working day and night and a
large number of persons from different spheres are assisting
the probe.
CBI said no other organisation in the country has
investigated the economic offence of such a high magnitude
with such a speed.
"You are driving the agency to speed up the investigation
and the results are coming. CBI is very independent in its
work. We have not accepted the report of a ministry. We have
not accepted the report of TRAI on zero loss. CBI is
independent from the control of the government.
"The facts that a minister from coalition partner and the
MP from the coalition partner and daughter of the then Chief
Minister of (south Indian state) Tamil Nadu has been arrested
show the independent character of CBI requiring the probe not
to be monitored by any other," Venugopal said opposing the
plea for appointing two or more persons of eminence to monitor
the probe.
"What is the situation for appointment of two persons for
day-to-day functioning of CBI? Would it not in the end result
in slowing the speed of the investigation carried out so far
because they would have to report to you (court) to show
progress of the probe"? he said while asking the bench to
reject any plea for creating a body like Special Investigation
Team (SIT).
"There is no ground to show the investigation so far was
not done in a good manner," he added.
The NGO, Centre for Public Interest Litigation (CPIL),
has alleged the CBI investigation in 2G spectrum scam was
"less than honest" as it was not probing many high-profile
persons including Indian Home Minister P Chidambaram.
In order to assist the court, it is imperative and
essential to entrust the matter to at least two persons of
eminence for monitoring the probe," advocate Prashant Bhushan,
appearing for the NGO, had submitted.
The NGO expressed apprehension about the case collapsing
in the trial court on the ground that the CBI investigation
was "less than honest" like the hawala case of 1996 involving
high-profile persons.
Bhushan said several aspects of 2G scam have not been
touched by CBI including the assets of persons mentioned in
the diary recovered from former Telecom Minister A Raja.
He also contested the submission of CBI and the Centre
that monitoring comes to an end with the completion of the
probe and filing of the charge sheet by giving the example of
various cases including the Gujarat riot cases, saying the
apex court had appointed the Special Investigating Team (SIT)
after the charge sheets were filed in most of the cases.
Bhushan said the CBI probe has to be more independent and
should be monitored by a committee like SIT because most of
the top officers in the agency are Indian Police Service (IPS)
and the Home Ministry is their cadre-controlling authority.
Bhushan had said "the person (Chidambaram) who gave
permission has not been quizzed so far because the
cadre-controlling authority of top CBI officers who are
IPS officers is the Home Ministry. Reluctance to probe Home
Minister is not surprising."
CBI had during the early hearings also opposed the plea
for constituting the committee or setting up of SIT with its
counsel and senior advocate K K Venugopal saying "it is not
possible".
The NGO had alleged CBI was not doing a fair and
impartial investigation irrespective of the status of the
person sought to be investigated, as was directed by apex
court by its December 16, 2010 order.