The Delhi high court on Monday refused to dismiss the criminal proceedings in the 2G spectrum allocation case against R.K. Chandolia, former private secretary to communications minister A. Raja, saying that there was sufficient evidence to prosecute him.
Justice M.L. Mehta dismissed Mr Chandolia’s plea that he be discharged in the alleged multi-crore scam on the ground that the sanction granted to prosecute him was “illegal and invalid”.
“There was prima facie incriminating material against the petitioner (Chandolia) and the sanctioning authority has granted sanction under Section 19 of the Prevention of Corruption Act after due application of mind. I do not find any merit in the present petition,” Justice Mehta said in the order disposing off the plea.
Mr Chandolia had contended that no sanction under the CrPC was obtained by the investigating agency. He had also argued that the investigation was flawed as it was without the permission under the Delhi Special Police Establishment (DSPE) Act. The court, however, said, “No sanction under Section 197 of the CrPC was required in the instant case as the alleged acts of the petitioner did not fall within the scope of his officials duties.”
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Court dismisses balwa plea
age correspondent
NEW DELHI, FEB. 6
The Delhi high court on Monday dismissed the plea of Asif Balwa, director of Kusegaon Fruits and Vegetables Pvt. Ltd who is facing trial in the 2G spectrum allocation case, seeking direction to the trial court to take a decision early on certain objections raised by him in the case.
Balwa and some other co-accused had raised objections before special CBI Judge O.P. Saini to the admissibility of certain documents by the CBI as evidence in the case.