The Delhi high court on Monday rejected former telecom minister A Raja's erstwhile private secretary RK Chandolia's plea to drop criminal proceedings against him in 2G spectrum case on the ground that CBI had obtained "illegal" sanction to prosecute him.
Justice ML Mehta dismissed Chandolia's plea and said "there was prima facie incriminating material against the petitioner and the sanctioning authority has granted sanction under Section 19 of the Prevention of Corruption Act after due application of mind".
"I do not find any merit in the present petition. It is accordingly dismissed," he said.
Rejecting Chandolia's argument that no sanction under the CrPC was obtained by the probe agency, the court said, "I am of the view that no sanction under Section 197 CrPC was required .... as the alleged acts of the petitioner did not fall within the scope of his officials duties."
The HC also rejected his argument that the probe was flawed as it was without the permission under the Delhi Special Police Establishment Act.