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This is an archive article published on March 18, 2011

2G scam: Ex-telecom Secy Behura’s bail plea rejected

Court said instead of objecting to wrongdoings of others,he 'participated' in that.

A Delhi court today dismissed the bail plea of former Telecom Secretary Siddharath Behura,arrested for his alleged role in the 2G spectrum allocation scam,saying that instead of objecting to the wrongdoings of others,he “participated in that”.

“Behura was Secretary in the Ministry of Communication and Information Technology and as such,he was the highest ranking official of the department. He did not object to the wrong doings of others,instead he participated in that,” Special CBI Judge O P Saini said.

The court refused bail to Behura observing that he is an influential person and might tamper with the evidence or influence witnesses.

“I find merit in the submission of CBI’s prosecutor that if the accused is released on bail,he may tamper with the evidence or witnesses may not come forward to give statements,more so,when no one,including top corporates,came forward to complain against his illegal acts,” it said.

Behura,arrested by CBI on February 2 along with former Telecom Minister A Raja and Raja’s former Personal Secretary R K Chandolia,is at present in Tihar jail under judicial

custody till March 31.

Senior advocate S S Gandhi,appearing for Behura,told the court that his client had joined the DoT on January 1,2008,and he was expected to “execute and implement the policy decisions of the government of India.”

“All decisions,which are relevant to the instant case,had already been taken and Behura only implemented those decisions. He never participated in the decision-making process,” Gandhi said.

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He told the court that the decisions taken by the former Telecom Secretary was duly endorsed by the Solicitor General of India as well.

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