Addl spectrum: Court asks CBI to return docs to Shyamal Ghosh

CBI was today directed by a special court to return several documents seized four years ago from the residence of former Telecom Secretary Shyamal Ghosh, an accused the 2002 additional spectrum allocation case.
The court's order came after it allowed Ghosh's application seeking return of some articles seized by the agency during its investigation in the case.
It said that most of the documents sought by Ghosh were personal papers and not related to his official duties.
"On the perusal of the documents, I find that almost all of them are personal papers of applicant/accused (Ghosh) and are not connected with his official duties.

"The allegations against the applicant/accused pertain to abuse of his official position at the time of his working as Secretary (T), Government of India...," Special CBI Judge O P Saini said while disposing of the plea.
Ghosh, in his plea, had said that a search was conducted at his residence on November 19, 2011, and several documents were seized by the CBI officers.

He had said these documents were no longer required by CBI or by this court as they were not relevant to the disposal of the case and prayed for their return as these were his personal papers.

CBI prosecutor told the court that the agency had no objection if the documents were returned to Ghosh but said that their photocopies may be retained for future reference.
The judge, in the order, said photocopies of documents be retained on the record and remaining documents be returned to Ghosh, subject to the conditions that he shall not dispute either the recovery or the authenticity of these documents in case of future reference.
CBI had chargesheeted Shyamal Ghosh and three telecom firms -- M/s Hutchison Max (P) Ltd, M/s Sterling Cellular Ltd and Bharti Cellular Ltd -- as accused in the case relating to the Department of Telecommunications allocating additional spectrum, which had allegedly caused a loss of Rs 846 crore to the exchequer.