ED challenges acquittal of 2G spectrum case accused in Delhi High Court

Doris Richards
March 21, 2018

The Enforcement Directorate, the central agency which combats economic offences, challenged the acquittal of former Union Minister Andimuthu Raja and others in the 2G scam case on Monday, ANI reported.

The court allowed the matter to be listed for hearing on Wednesday.

Earlier in December past year, the Patiala House court had pronounced the verdict in the 2G spectrum allocation scam cases and acquitted all the accused involved in the scam.

"The Special Judge gravely erred by not appreciating the fact that the Supreme Court had examined large number of documents and various other material and ordered cancellation of 122 licences granted during the Ministership of A Raja to various persons", said the ED in its appeal filed by Special Public Prosecutor Rajeev Awasthi.

Special CBI judge O.P. Saini had cleared the 16 accused of all charges, rejecting the case presented by the agency, citing lack of "prosecutable evidence". The court also failed on the point in which the crime is defined under Section 2 (1)(u), which considers only the criminal activity instead of commission of an offence, the ED said, adding 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 ED, in its charge sheet, had alleged that Swan Telecom (P) Ltd (STPL) promoters paid Rs 200 crore to the DMK-run channel Kalaignar TV.

The first case, prosecuted by the CBI, had 17 accused, while the second, pursued by the Enforcement Directorate, had 19 undertrials. The city court had also acquitted Raja, Kanimozhi and 15 others, including former Telecom Secretary Siddharth Behura, Raja's erstwhile private secretary RK Chandolia in the CBI case in the 2G scam. The third case had eight accused, including the Essar promoters.

In 2010, a Comptroller and Auditor General report had claimed that allocation of 2G spectrum in 2008 led to a presumptive loss of Rs1.76 trillion to the exchequer due to irregularities in spectrum allocation during Raja's term as telecom minister.

Other reports by Iphone Fresh

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