2G: Behura's bail reserved, says PM backed policy

A Delhi court today reserved its order on the bail plea of former Telecom Secretary Siddhartha Behura, an accused in 2G spectrum scam case, who countered the conspiracy charge against him by saying he was implementing a policy backed by the Prime Minister.

Behura said he was only "doing his duty" and following the orders of Raja, who was appointed for the second term as Telecom Minister by the Prime Minister in 2009, one year after Letters of Intent (LoI), were issued.

Special CBI Judge OP Saini reserved the order for June 3 after detailed arguments when CBI alleged Behura, who was holding the key post, cannot be let off from the charge of conspiracy.

Behura's counsel and senior advocate Aman Lekhi submitted the Prime Minister gave Raja a second term as Telecom Minister in 2009, one year after the distribution of Letters of Intent(LoI) and this shows the concurrence on the policy in the government.

CBI, however, said Behura, by virtue of holding the most important post of Secretary, had full authority to complain to the cabinet if he was not in agreeement with Raja on any policy.

"As per the service conduct rules, he [Behura] was not obliged to follow the illegal orders of the minister [Raja]," CBI said.

The argument was opposed by Behura's counsel, who asked "in a government, is there anyone more important than the Prime Minister? There cannot be."

"CBI is saying forget the PM. For some reason, they have chosen to keep out those people who had the constitutional authority to interfere and could have interfered."

"At any point, the Prime Minister could have summoned the cabinet had there be any disagreement but it was not done. Also, it is a matter of policy and Behura was just doing his duty," Lekhi said.

The investigating agency, meanwhile, alleged Behura flouted the national telecom policy as per which LoIs are to be issued only when the spectrum is available.

"He [Behura] did not inquire about the availability of spectrum when LoIs were being issued. He did so only when time came for grant of licences. By the time licences were issued, he had no information about the availability of spectrum," CBI Prosecutor AK Singh said.

"What prompted them to issue licences in such large numbers when they did not have so much spectrum in hand?" he said.

In response to this, Lekhi said "the LoIs were signed by the then Deputy Director General RK Gupta who was authorised to sign the same on behalf of the President of India. Why is he not an accused?"

Opposing his bail, the probe agency said "when people at the helm of society conduct criminal offence, they shall be dealt with strictly. We have to teach them a lesson and show the world that crime does not pay."

Lekhi opposed the statment saying by making such statmets CBI was passing a judgement which is the prerogative of the court. The probe agency is baying for blood."

Behura is lodged in Tihar Jail along with 12 other accused persons including Raja, DMK MP Kanimozhi and Swan telecom promoter Shahid Usman Balwa.