In page 1,549 of the order the Special CBI court judge said, " a huge scam was seen by everyone where there was none."
The court had also pulled up the CBI for not asking key questions and not explaining loopholes in the official records. The court also took the CBI to task for not bringing witnesses and also for fumbling. In page 1,490 of the order, the court said, the prosecutor was "hesitant" in asking questions and witnesses were evasive. "They kept beating about the bush, never came to the bush."
The question is did the CBI court say that there was no 2G spectrum scam? While a bare reading would indicate that, one must also revisit the Supreme Court's order which had cancelled 122 licences. The court had said that the evidence showed that Telecom Minister wanted to favour some companies, and the way the Letters of Intent were granted to applicants, leaves no room for doubt that everything was stage managed to favour those who were able to know in advance change in the implementation of the first come first serve principle.
The CBI court does not make any mention of the SC order. It however speaks about the lack of clarity in the policies and guidelines and says that it added to the confusion. There is no evidence on record indicating any criminality in the acts allegedly committed by the accused including those relating to the first come first serve policy.
This would mean that the CBI dealt only with the alleged criminality, misconduct, breach of trust and cheating. The court did not go into whether the policy met the test of fairness. The SC in its verdict had stated that its observations shall in no way affect pending investigations or prejudice the defence of those who are facing prosecution. The SC also said that the Special Judge, CBI shall decide the matter uninfluenced.