Unlike the 2G verdict where the CBI was quick to react by saying it will appeal against the acquittals, the central agency towed a rather conservative line while reacting to the Bombay High Court’s order. “We are yet to receive the order copy. After receiving the copy, we will seek a legal opinion to see if there is any legal remedy available to appeal against the order and based on the order, decide our future course of action,” a CBI spokesperson told The Indian Express.
A senior official from the agency, who spoke on condition of anonymity, said the agency has the option to appeal in the apex court. “There is definitely the option to appeal in the Supreme Court but that decision could be taken after studying the order at length,” said the official.
Another official said even without the sanction, the agency can ask the trial to court to frame charges under the Prevention of Corruption Act. “The CBI had charge-sheeted Ashok Chavan for criminal conspiracy and cheating under the Indian Penal Code. However, it had also charge-sheeted him for ‘misuse of his official position’ under the PCA. Prosecution sanction only applies to the case of cheating and criminal conspiracy because these come under the IPC,” added the official. But the hurdle is that prosecutions under the PCA need to be backed by provisions of the IPC.