Former telecom secretary Siddharth Behura, arrested for his alleged role in the 2G spectrum allocation scam along with former telecom minister A Raja on February two this year, was denied bail today by the Delhi high court.
"The bail application is dismissed," Justice V Shali told a jam-packed courtroom, pronouncing his judgement on Behura's bail plea.
Justice Shali, however, did not read out the operative portion of his order dealing with the grounds on which the former telecom secretary's bail plea was dismissed.
The same court earlier on November 28 had granted bail to five other co-accused in the 2G case, including DMK MP Kanimozhi and Bollywood filmmaker Karim Morani.
While granting bail to the five, Justice Shali had reserved his order on Behura's bail plea, saying his case was different from those of other accused as he was a public servant.
Behura and former telecom minister A Raja, who were arrested on February two this year, are the only accused who are in jail as all 12 others have been granted bail by various courts.
Earlier, during the hearing on December one, CBI had opposed his bail plea saying complicity of public servants should be viewed "seriously" and if he is released, ex-minister A Raja may also seek same relief on ground of parity.
Behura had approached high court for bail along with Kanimozhi and four others, including DMK's Kalaignar TV MD Sharad Kumar and Kusegaon Fruits and vegetables Pvt Ltd directors Rajiv Aggarwal and Asif Balwa, challenging the trial court's November three order denying them bail.
The six had sought early hearing of their bail pleas at the high court hours after the Supreme Court on November 23 granted bail to five corporate executives -- Unitech Limited MD Sanjay Chandra, Swan telecom director Vinod Goenka and Reliance Anil Dhirubhai Ambani group executives Hari Nair, Gautam Doshi and Surrendra Pipara, in the 2G case saying that bail is rule and jail an exception.
Behura and other five had sought bail from the high court, claiming parity of their situations with those granted bail by the apex court.
But the high court, while granting bail to Kanimozhi and four others, had reserved its judgement on Behura's bail plea on CBI contention that his case was different from those of others, seeking bail from the high court.
A few days later, as the trial court granted bail to former telecom minister A Raja's Private Secretary R K Chandolia, the high court, in a curious order a day after his release from Tihar Jail, had stayed suspended the grant of bail to him on his own, saying the bail order must not be effected if he is still in custody.
During the arguments, Behura's counsel Aman Lekhi had contended that "Behura should not be made a scapegoat in the case where the Supreme Court and this court itself have laid down legal propositions."