by admin | May 25, 2021 | News, Politics
New Delhi : The CBI and the Enforcement Directorate on Thursday said they will appeal in the High Court against the special CBI court verdict acquitting all the accused in the 2G spectrum allocation case and said the court has “failed” to take note in “proper perspective” the prosecution’s evidence.
The Central Bureau of Investigation (CBI) in a statement after special CBI judge O.P. Saini acquitted all the accused, including then Telecom Minister A. Raja and DMK MP Kanimozhi, said: “The CBI will be taking necessary legal remedies in the matter and is planning to move to High Court against the special court’s verdict in the 2G scam case dated December 21, 2017.
“The judgement has been prima facie examined and it appears that the evidence adduced to substantiate the charges by the prosecution has not been appreciated in its proper perspective by the learned court.”
The ED in a statement said, “We have decided to move in appeal against the judgement dated December 21 of the special court on a number of grounds based on the facts as well as legal provisions.”
“The court appears to have failed to appreciate a number of factors which, inter alia, position the offence of money laundering as stand alone offence.”
The ED, which is also probing financial irregularities in the case and assisting the CBI, raised question over the special court’s verdict ignoring the findings of Supreme Court that has been keeping a regular tab on the investigation till the chargesheet was not filed in the case.
“Besides the observation and findings of Supreme Court in this case appear to have not been considered by the special court.”
The ED statement said the offence of money laundering as defined under Section 3 is, inter alia, based on the term proceeds of crime which the court failed to appreciate.
The court also failed on the point in which the crime is defined under Section 2(1)(u) of Prevention of Money Laundering Act (PMLA), which considers only the criminal activity instead of commission of an offence, it said.
It said that the acquittal by the court in PMLA prosecution by interpreting the term criminal activity to the extent of commission of an offence appeared to be “erroneous”.
“The court has appreciated the material evidence qua offence of money laundering at the time of framing of charges against the accused persons but the same material appears to have not been considered while deciding the prosecution complaint under PMLA. And, the accused persons have been acquitted from the offence of money laundering only on the
basis of no commission of offence and not the occurrence of criminal activity,” said the ED statement.
While announcing the judgment, the special judge O.P. Saini said the CBI and the Enforcement Directorate had failed to provide sufficient evidence to prove the charges against 33 persons named in the case that contributed to the Congress-led UPA’s electoral loss in 2014.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : The Congress and the DMK on Thursday claimed vindication after a special court acquitted all the accused in the alleged 2G scam while the BJP insisted that the 2G spectrum allotment was “arbitrary, faulty and corrupt” and that the next course of action would be decided by the investigating agencies.
In his first comments after being acquitted in the 2G case, former Telecom Minister A. Raja said he stood vindicated as accusations that he took Rs 200 crore bribe to allocate lucrative radio wave spectrum in 2008 were false.
“I have felt somewhat vindicated all along even prior to this judgment because the beneficial results of my actions are evident and being enjoyed by the nation’s public, especially the poor,” Raja said in a statement.
Raja, who was jailed for 15 months for his alleged wrongdoing, alleged that “vested interests manipulated public perception by leveraging the media and sensationalising fabricated allegations” against him.
DMK MP Kanimozhi said it was a big day for her party as “justice has prevailed”.
“It was a harrowing experience to be accused of something which you haven’t done and being accused of a corruption that you have never been a part of,” a beaming Kanimozhi said after the verdict was announced.
BJP leader and Communications Minister Manoj Sinha, however, said the 2G spectrum allotment was arbitrary, faulty and corrupt and that the next course of action on the 2G issue would be decided by the investigating agencies.
“The government does not want to comment anything on the court decision now. Investigating agencies will take further decision. The government will ponder on it after that. The Supreme Court had already given its verdict. 2G spectrum auction was arbitrary, faulty and corrupt,” Sinha said.
He said in 2001, the government decided to allot spectrum on a first-come, first-serve basis. “But in 2008 they (the UPA government) decided to make spectrum allocation as first-come, first-pay.”
Congress spokesperson Randeep Surjewala said the BJP had been exposed as it “tried to insult the country and came to power by doing business out of false allegations”.
“The lies have been exposed and BJP’s conspiracy to defame the Congress party has been exposed. It is a victory of truth,” Surjewala said.
“The conspiracy, which was hatched by Prime Minister Narendra Modi, Arun Jaitley, Vinod Rai and other BJP leaders, has been exposed today. The truth has come to light that no one is guilty in the 2G spectrum case,” he added.
Former Finance Minister and Congress leader P. Chidambaram said it was clear that “the allegation of a major scam involving the highest levels of government was never true, was not correct and that is being established today”.
Delhi Chief Minister Arvind Kejriwal said the 2G scam was one of the biggest the country had experienced and people needed answers who was responsible for it.
“It rocked the country and was one of the reasons for UPA’s downfall. Today everyone goes scot free. Did CBI mess up the case? Intentionally? People need answers,” Kejriwal tweeted.
Renowned lawyer and Swaraj Abhiyan founder Prashant Bhushan called the acquittal of all 2G scam accused “grossly wrong” and said it sent a signal that influential people are not accountable in the country’s judicial system.
“There was considerable evidence of benami licences, fixing of the first-come-first-served system and also bribes in this. Shame,” he tweeted.
—IANS
