As CBI finalises its position to be taken in the Apex court, agency sources said it has already acted promptly on the August 12 directions of the apex court and handed over all relevant documents and records to senior counsel K K Venugopal, who is appearing for the agency, to present its case in the next hearing.
This included a suggestion by CBI Director Ranjit Sinha in which he had pointed out about not taking on record an opinion of Law and Justice Ministry which had claimed that there was no case made out against Reliance Telecom Ltd (RTL). Citing one instance where the CBI was accused of delaying investigations, t6he sources claimed that the apex court had been misled about CBI's Deputy Inspector General Santosh Rastogi being a part of the team probing the 2G scam and that he had been transferred for not toeing the line of his superiors.
In its reply, the CBI will inform that Supreme Court that Rastogi, a 1998 Maharashtra cadre officer, was never a member of the probe team and that he had volunteered himself for a transfer to another department four months ago.
The CBI will also inform the apex court that Rastogi, in an alleged act of "insubordination", had recused himself from probing the Tata-Unitech deal despite clear orders from the Director CBI to do so. CBI has already registered a preliminary enquiry in the matter and also sought a report of Serious Fraud Investigating Office under Ministry of Corporate Affairs which had claimed that Unitech was a front company for the Tata group in securing 2G spectrum licence.
However, in compliance of the Supreme Court order, the transfer of Rastogi had been cancelled and he continues to function in his earlier capacity, the sources said.