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This is an archive article published on November 23, 2010

CBI cites undue publicity,seeks SC restraint

Under judicial scanner for its role in the 2G Spectrum allocation case,the CBI on Monday said the Supreme Court,instead of going into the commission of this or that offence".

Under judicial scanner for its role in the 2G Spectrum allocation case,the CBI on Monday said the Supreme Court,instead of going into the commission of this or that offence,should merely stick to the question at hand that is,whether we are dragging our feet or not.

Senior advocate K K Venugopal,appearing for the CBI,voiced the agencys concern at the court hearings drawing unnecessary publicity,saying this could prejudice the case.

To this,Justice A K Ganguly,on the Bench with Justice G S Singhvi,asked whether Venugopal was appearing for the CBI or the accused. I am for the CBI, the senior counsel clarified.

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Venugopal informed the court that the CBI would practically reach a final conclusion in the next two months on the case,and the probe would be finished the month after that.

The senior counsel said he should be first allowed to show some judgments which rule in favour of a court-monitored probe and many others which are against an investigation under the direct supervision of the apex court.

…what is happening is that a large amount of publicity is created against persons who are reviewed everyday. Ultimately if nothing comes up,prejudice will be caused to them, Venugopal explained.

He said the Supreme Court cannot go into the merits of whether an offence is committed or not,but only whether we are dragging our feet… Your Lordships,is going into each and every issue as if an offence is committed,at a stage when the probe is underway.

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The Bench observed that it was relying solely on the CAG report. But Venugopal said the CAG report showed only the financial approach and was not concerned with the criminal approach.

Courts should not hear whether this offence is committed or that… It should only hear whether the Supreme Court should monitor the probe or set up a Special Investigation Team, he said.

Venugopals submissions were vociferously taken up by former telecom minister A Rajas counsel and senior advocate T R Andhiyaarjuna,who said he has already been charged,convicted by the media.

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