The Central Bureau of Investigation on Tuesday filed an appeal before the Delhi High Court challenging a special court order acquitting former telecom minister A Raja, DMK MP Kanimozhi and others in the 2G spectrum allocation scam case a day after the Enforcement Directorate (ED) had moved the high court against their acquittal.
A special court had on December 21 last year acquitted Raja, Kanimozhi and others in the cases registered by the Central Bureau of Investigation (CBI) and the ED.
CBI officials said they had received a certified copy of the lower court judgement on January 15 and had time till April 15 to file an appeal against the acquittals.
The matter was mentioned before a High Court bench, comprising Acting Chief Justice Gita Mittal and Justice C Hari Shankar by Additional Solicitor General (ASG) Tushar Mehta, which has listed it for hearing on Wednesday.
Besides Raja and Kanimozhi, the special court had acquitted 17 others, including DMK supremo M Karunanidhi’s wife Dayalu Ammal, Shahid Balwa and Vinod Goenka of STPL, Asif Balwa and Rajiv Aggarwal of Kusegaon Fruits and Vegetables Pvt Ltd, film producer Karim Morani, P Amirtham and Director of Kalaignar TV Sharad Kumar in the ED case.
The Enforcement Directorate, in its charge sheet, had alleged that Rs 200 crore was paid by Swan Telecom (P) Ltd (STPL) promoters to DMK-run Kalaignar TV. On the same day, a trial court had acquitted Raja, Kanimozhi and 15 others, including former Telecom Secretary Siddharth Behura, Raja’s erstwhile private secretary R K Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Ltd MD Sanjay Chandra and three top executives of Reliance Anil Dhirubhai Ambani Group (RADAG) – Gautam Doshi, Surendra Pipara and Hari Nair – in the CBI’s 2G case.
The CBI had alleged there was a loss of Rs 30,984 crore to the exchequer in allocation of licences for 2G spectrum, which were scrapped by the top court on February 2, 2012.
Special Judge O P Saini had held that the prosecution had “miserably failed” to prove the charges. The special court, which was set up on March 14, 2011 for hearing 2G cases exclusively, had also acquitted Essar Group promoters Ravi Kant Ruia and Anshuman Ruia and six others in a separate case arising out of the 2G scam probe.