The Central Bureau of Investigation (CBI) has accused Judge O.P. Saini of being directionless while delivering the verdict in the 2G scam case which led to the acquittal of former telecom minister and DMK leader, A Raja, and his party colleague, Kanimozhi. In its appeal before the Delhi High Court, The CBI further asserted that the Judge “had not applied his mind”.
The CBI also said that the Judge had taken the words of the accused as ‘Gospel Truth’ while ignoring all the material evidence against them as well as the statements of reliable witnesses including that of the then Solicitor General G E Vahanvati, former telecom secretary D S Mathur and Asheervatham Achary, former additional private secretary to Raja, among others.
“He (the judge) has found A Raja’s evidence as totally unimpeachable, even when his character is that of an interested person, his answers are evasive and ex facie incorrect and contrary to the written record,” the CBI said. “Special judge has ignored evidence to the effect that there was pressure on DoT officers not to record the oral instructions on files as well as the fact that it would not be possible for a junior officer to record the oral instructions by the minister, conveyed through his private secretary,” the agency added.
The CBI also maintained that the Judge wrongly interpreted the provisions of the PMLA. It also asserted in its petition that the Trial Court failed to appreciate the complaint of the Enforcement Directorate in connection with a money laundering offence despite existent independent documentary evidence that clearly showed a wrongful gain made by A Raja while causing loss to the public exchequer.
In his verdict, Judge O.P.Saini had stated that CBI had failed to prove its case while concluding that the charges against the accused were based on “rumour, gossip and speculation”. The acquittal of A Raja, Kanimozhi and others had left many shocked and led them to believe that there was little scope for justice in India.
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