HC asks Govt for course of action in MTNL CMD case

The CBI had earlier said that it had found nothing against Sinha,who is facing allegations of fraud in a 2004 tender for telecom equipment awarded to Motorola.

“Union of India would file its affidavit over the course of action it would take in the wake of order of special judge of CBI rejecting CBI’s closure report on R S P Sinha,” said the division bench comprising Chief Justice A P Shah and Justice S Murlidhar.

The court directed the Centre to file an affidavit within two weeks.

Besides Sinha,other accused in the case were former MTNL General Manager P Singh and the then country head of Motorola.

Sinha’s term ended on August 10 but he continues to head the telecom PSU as his name has been forwarded to Appointments Committee of Cabinet for an extension till September 2011. The ACC has,however,put its decision on hold pending the court’s Decision.

During the proceedings,advocate Sanjeev Kumar Dubey,appearing for the government,submitted that ACC was yet to see the order of the CBI special judge.

Prashant Bhushan,appearing for the petitioner Telecom Watchdog,requested the court to cancel the extension granted to Sinha as it was a “clear-cut case” in which a senior public officer was bribed by Motorola.

He requested the court to direct CVC to file its report as CVC had conducted initial investigations in this matter.

Bhushan further alleged that in such cases where a CMD,chief of an organisation is involved,then the minister is also involved and particularly in this case the Telecom Minister had tried to protect Sinha by refusing approval to CBI to prosecute him.