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According to a report by the Economic Times, CBI's prosecution has finalised the grounds to challenge the December order of special CBI court, where all accused in the case were acquitted. The CBI has submitted it to the government for perusal and approval, said government sources.
A CBI top official told the national daily, "Unlike the 2002 additional spectrum allocation case where there was a difference of opinion between the government and CBI over the filing of appeal against the discharge of accused, the instant case (2G) has both the parties on the same page." CBI will file the appeal in the Delhi High Court once the law officers of the law ministry review its grounds.
"A second government official said that clear instructions were given out that the appeal has to be ready without any formal or unnecessary delay. He further said, "The law officers were flummoxed after perusing the judgement of the CBI court." Special public prosecutor Anand Grover, appointed by the Supreme Court had given a 15-page opinion to the CBI last month, strongly recommending the filing of an appeal in the 2G case.
What will the appeal contend?
The appeal may contend that court committed "a grave error in summarily disregarding the arguments of the prosecution with regard to inconsistencies in the documentation." It may also emphasise that former TRAI secretary Nripendra Mishra's evidence "ought not to have been dismissed in such a summary and perfunctory fashion by the special court."
The appeal will also contend that "most crucially the letters to the prime minister make it ex facie evidence that the policy was changed," whereas A Raja claimed "with boldness" that the same policy was being continued.
The appeal will also focus on the "pivotal role" played by the minister in allegedly altering the spectrum allocation policy in the last minute to convert a first come and first serve policy into a first to comply policy.