2G case judgement: ‘No material on record to show A. Raja was mother lode of conspiracy’
Special CBI judge O P Saini gave judgments in separate cases lodged by the CBI and the ED in the 2G spectrum scam case. Here are his ket observationsindia Updated: Dec 21, 2017 20:48 IST
A special court on Thursday acquitted all accused, including former telecom minister A Raja and DMK leader Kanimozhi in cases relating to the 2G spectrum scam.
Special CBI judge O P Saini gave judgments in separate cases lodged by the CBI and the ED in the scam that rocked the UPA government. (LIVE updates)
Here are the key findings of the court in the CBI case:
* There is no material on record to show that A. Raja was mother lode of conspiracy in the instant case. There is also no evidence of his no -holds -barred immersion in any wrongdoing, conspiracy or corruption.
* There is no evidence on record produced before the court indicating any criminality in the acts allegedly committed by the accused persons relating to fixation of cut-off date, manipulation of first-come-first-served policy, allocation of spectrum to dual technology applicants, ignoring ineligibility of Swan Telecom Pvt Ltd (STPL ) and Unitech group companies, non-revision of entry fee and transfer of Rs. 200 crore to Kalaignar TV (P) Limited as illegal gratification.
* Many facts recorded in the chargesheet are factually incorrect, like finance secretary strongly recommending revision of entry fee, deletion of a clause of draft LOI by A. Raja, recommendations of TRAI for revision of entry fee etc.
Key points from the judgment in the ED case:
* The court said ED case was entirely based on the CBI chargesheet against the accused, particularly in respect of generation of “proceeds of crime”.
* “Proceeds of crime” under the money laundering law is a property derived by any person as a result of criminal activity relating to a scheduled offence. Anyone who directly or indirectly attempts to indulge or knowingly assists or is a party or is actually involved in any process or activity connected with proceeds of crime, including its concealment, possession , acquisition or use.
* “Proceeds of crime” is the foundational fact for the offence of money ¬laundering. Since there are no “proceeds of crime”, there can be no offence of money-laundering, as nothing remains to be laundered. Thus, the very base of the instant case is gone and the alleged offence stands wiped out, the judge held.
* In view of the acquittal of the accused, the judge also ordered release of Rs. 223.55 crore worth of properties of DB group of companies – owned by accused Shahid Balwa - and its associates that were attached by ED.
First Published: Dec 21, 2017 13:24 IST