2G case: CBI slaps fresh charges on Raja, others

The Central Bureau of Investigation (CBI) has slapped fresh charges on all the accused in the 2G spectrum allocation case, and stretched the maximum punishment to life sentence. CBI counsel U U Lalit asked the trial court to charge former communications minister A Raja, former DoT secretary Siddharth Behura and Raja’s former aide R K Chandolia for criminal breach of trust by a public servant under Section 409 of the Indian Penal Code (IPC).

Lalit, in his plea before the trial court, said all the other accused including DMK MP Kanimozhi and three telecom companies should be charged under Section 409 read with Section 120 B of IPC, which stands for criminal conspiracy causing such a breach.

According to the earlier charges levied by CBI, the maximum punishment any of the accused could have got was seven years’ imprisonment, but with the new charges the sentence can go up to life imprisonment. Earlier, the accusations laid by CBI were of criminal conspiracy and cheating with an additional charge of forgery against Raja.

The latest development is likely to put on hold the framing of charges by special CBI judge O P Saini, further.

Meanwhile, Raja’s counsel Sushil Kumar asked for home minister and former finance minister P Chidambaram to be called in as a witness. “I am not calling P Chidambaram as an accused, but he knew everything. He was acquainted with all facts and circumstances of the case,” he said.

He also said the spectrum allocation was a Cabinet decision, so the entire Cabinet should be questioned. “It was a decision taken by the 2003 Cabinet and followed by all subsequent Cabinets. Why is only my client in jail?” Kumar asked.

Raja, arguing for himself, said the current situation showed complete lawlessness. “It is my open challenge to the court and to the prosecution through the court. Show me one document which shows I did not follow Telecom Regulatory Authority of India’s recommendations. I followed every recommendation. Yet, I’m in jail for the past eight months.”

As for the letter sent by the finance ministry, vetted by Pranab Mukherjee, to the Prime Minister’s Office, indicating that P Chidambaram did not do enough as a former finance minister to stop the 2G scam, a senior CBI official said the then finance secretary, D Subbarao, had recommended the auction of spectrum. Incidentally, the finance ministry’s letter also pointed out that Subbarao had recommended auction, while Chidambaram did not.

CBI is also facing a difference of opinion with its prosecution on the matter of the third chargesheet against Loop-Essar relationship.

While the prosecution is of the opinion that the two cannot be called associate companies, CBI is alleging that Loop is the front company of Essar. In order to avoid any such contradiction, CBI has ordered further investigations into the two telecom companies.