The Delhi High Court has granted the Central Bureau of Investigation permission to appeal the acquittal of former telecom minister A Raja and others in the 2G spectrum allocation case. Justice Dinesh Kumar Sharma, presiding over the matter, determined that the CBI presented a prima facie case warranting a comprehensive re-examination of the evidence.
In December 2017, a special CBI court acquitted A Raja, Dravida Munnetra Kazhagam Member of Parliament Kanimozhi, and 15 other individuals of all charges related to the alleged 2G spectrum allocation scam. The trial court concluded that the prosecution had “miserably failed” to substantiate the allegations. Subsequently, in 2018, the CBI filed an appeal challenging this verdict, which has now been admitted by the High Court.
Justice Sharma, in his detailed order, emphasized the necessity for a deeper examination of the case, noting contradictions within the trial court’s judgment that require further scrutiny. He stated that the allegations pertain to an economic offence, which necessitates a distinct approach due to its complexity and potential impact on the public exchequer.
The CBI’s case centers on the assertion that A Raja, during his tenure as Union Telecom Minister under the United Progressive Alliance government, orchestrated the underpricing of telecom licenses, leading to significant financial losses for the state. The Comptroller and Auditor General of India had estimated these losses to be approximately ₹1.76 trillion. The accused roster includes prominent figures such as former Telecom Secretary Siddharth Behura, Raja’s former private secretary R K Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Managing Director Sanjay Chandra, and three senior executives from Reliance Group—Gautam Doshi, Surendra Pipara, and Hari Nair.
The High Court’s decision to grant “leave to appeal” signifies formal permission for the CBI to challenge the acquittal. Justice Sharma highlighted that the evidence presented, including sworn testimonies and material records, justifies a re-appraisal. He also pointed out that the trial judge had frequently remarked on the prosecution’s failure to provide witnesses the opportunity to clarify their statements, raising concerns about why the presiding judge did not exercise authority under the Indian Evidence Act to seek necessary clarifications.
This development arrives after a protracted legal process. The High Court had reserved its decision on the CBI’s plea on March 14, 2024, following six years and 125 listings since the initial hearing. The case traversed through seven different judges before reaching Justice Sharma. The High Court has now scheduled the appeal for a detailed hearing in May 2024.
The 2G spectrum allocation case has been a focal point of legal and political discourse in India. In February 2012, the Supreme Court annulled 122 telecom licenses and the associated spectrum allocated to nine companies, citing procedural flaws in the allocation process. The subsequent acquittal of all accused in 2017 by the special CBI court was a significant development, leading to the current appeal by the CBI.
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