The special CBI court has acquitted all the accused in the 2G scam case. The court which has written a detailed order however read out only the operative portion of the verdict today.
In the packed court hall at Delhi, here is what the judge, O P Saini said in the operative portion of his order.
"The CBI has miserably failed to prove all charges against all the accused persons. Therefore, all accused are acquitted of all the charges. And accused are required to submit a security bond of Rs 5 lakh each which is a requirement of section 437-a of CrPC."
The court sought for this bond in case an appeal is filed in the higher judiciary. This is an undertaking that the accused would appear in court in the event of an appeal according to the provisions of the Code of Criminal Procedure.
"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 date, manipulation of first come first served policy, allocation of spectrum to dual technology applicants, ignoring inelgibility of STPL and Unitech group companies, non-revision of entry fee and transfer of Rs 200 crore to Kalaignar TV Private limited as illegal gratification."
"The chargesheet of the instant case is based mainly on misreading, selective reading, non-reading and out of context reading of the official record. Further, it is based on some oral statements made by the witnesses during investigation which the witnesses have not owned up in the witness box. Lastly if statements were made orally by the witnesses, the same were contrary to the official record and thus not acceptable in law."
"I may add that 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."
The end result result of the above discussion is that, I have no absolutely no hesitation in holding that the prosecution has miserably failed to prove any charge against any of the accused made in its well choreographed chargesheet.