The Enforcement Directorate has filed an appeal in connection with the 2G case. The ED appealed against the order of the trial court which had acquitted all the accused in the case.
The ED in its appeal pointed towards the lacuna in the trial court verdict and said that the order of acquittal should be reversed.
The trial court in its verdict said that the investigating agency had 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 trial court said.
"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, the trial court had also said in its order of acquittal.