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The special CBI court hearing the 2G spectrum allocation scam case will pronounce its order on framing of charges on October 22. Former Telecom Minister A Raja, DMK MP Kanimozhi and 15 others are among the high-profile suspects who may or may not be put to trial as per the Oct 22 order.
“Put up for order on charge on October 22,” said Special CBI Judge, OP Saini, reserving its order on the crucial framing of charges stage ,after which a formal trial will begins in the criminal case.
The court also made it clear that it would resume hearing on the bail applications of various accused, including DMK MP Kanimozhi, from October 24.
In the process of framing of charges, the court decides zeroes in on the suspects who have sufficient prima facie evidence to see a trial initiated. The court reserved its order after Special Public Prosecutor UU Lalit wrapped up his rebuttal arguments on framing of additional charges of criminal breach of trust under the Indian Penal Code against all the 17 accused.
The Special Court decision to announce the day for framing of charges comes a day after a Supreme Court bench monitoring the case asked the CBI how long it was going to keep the accused in jail. The bench observed that the 2G case accused have been behind bars for over seven months now with the court was yet to decide on framing of charges.
The CBI charge sheet accuses Raja and others of causing a loss of a whopping Rs 30,984 crore to the exchequer by allocating spectrum to ineligible operators in a criminal conspiracy among themselves. Their acts also involved commission of penal offences of forgery and cheating, besides the misuse of official position by public servants as per provisions of the Anti Corruption Act.
The CBI strongly defended its plea seeking framing of the additional charge of criminal breach of trust against all 17 accused in the case. Lalit told the judge that Raja, his former private secretary RK Chandolia and former Telecom Secretary Siddhartha Behura had a dominion over the valuable 2G spectrum in their respective capacities as public servants and they flouted the law in award of licenses, which made out a case of criminal breach of trust.
Concluding the arguments, Lalit opposed the plea of defence lawyers that spectrum was just ‘electro-magnetic’ waves and could not be termed as property which was ‘illegally’ disposed off by Raja in connivance with other co-accused. “Whenever expression ‘property’ occurs, one must give it as wide a definition as possible. Properties are of different types ‘which also include right to certain things, licence to certain things, copyright and trademark.’ Lalit also opposed the defence plea of that the charge of cheating and criminal breach of trust could not be invoked simultaneously saying, “Both these offences are not mutually exclusive.”
“Put up for order on charge on October 22,” said Special CBI Judge, OP Saini, reserving its order on the crucial framing of charges stage ,after which a formal trial will begins in the criminal case.
The court also made it clear that it would resume hearing on the bail applications of various accused, including DMK MP Kanimozhi, from October 24.
In the process of framing of charges, the court decides zeroes in on the suspects who have sufficient prima facie evidence to see a trial initiated. The court reserved its order after Special Public Prosecutor UU Lalit wrapped up his rebuttal arguments on framing of additional charges of criminal breach of trust under the Indian Penal Code against all the 17 accused.
The Special Court decision to announce the day for framing of charges comes a day after a Supreme Court bench monitoring the case asked the CBI how long it was going to keep the accused in jail. The bench observed that the 2G case accused have been behind bars for over seven months now with the court was yet to decide on framing of charges.
The CBI charge sheet accuses Raja and others of causing a loss of a whopping Rs 30,984 crore to the exchequer by allocating spectrum to ineligible operators in a criminal conspiracy among themselves. Their acts also involved commission of penal offences of forgery and cheating, besides the misuse of official position by public servants as per provisions of the Anti Corruption Act.
The CBI strongly defended its plea seeking framing of the additional charge of criminal breach of trust against all 17 accused in the case. Lalit told the judge that Raja, his former private secretary RK Chandolia and former Telecom Secretary Siddhartha Behura had a dominion over the valuable 2G spectrum in their respective capacities as public servants and they flouted the law in award of licenses, which made out a case of criminal breach of trust.
Concluding the arguments, Lalit opposed the plea of defence lawyers that spectrum was just ‘electro-magnetic’ waves and could not be termed as property which was ‘illegally’ disposed off by Raja in connivance with other co-accused. “Whenever expression ‘property’ occurs, one must give it as wide a definition as possible. Properties are of different types ‘which also include right to certain things, licence to certain things, copyright and trademark.’ Lalit also opposed the defence plea of that the charge of cheating and criminal breach of trust could not be invoked simultaneously saying, “Both these offences are not mutually exclusive.”
