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Why has Raja not been questioned, Supreme Court judge asks CBI

J. Venkatesan

You are beating about the bush when illegality is evident: Justice Ganguly

NEW DELHI: The Supreme Court on Thursday asked the Central Bureau of Investigation why it had not questioned the former Communications Minister, A. Raja, and the Telecom Secretary so far, despite the Comptroller and Auditor-General clearly indicting them for their role in the 2G spectrum allocation scam.

A Bench of Justices G.S. Singhvi and A.K. Ganguly is hearing a petition seeking action based on the CAG report that the scam resulted in a loss of Rs. 1.76 lakh crore to the exchequer.

Even as counsel Prashant Bhushan was reading out the CAG report on the role of Mr. Raja and other officials, Justice Ganguly told senior counsel K.K. Venugopal, appearing for the CBI: “The CAG report deserves the highest respect. It is an authority set up under the Constitution. If such an authority gives such a report, any reasonable person will question the involvement of the [then] Minister and the Secretary.”

Justice Ganguly orally observed: “You [the CBI] said 8,000 documents have been examined; still you are beating about the bush when illegality is prima facie evident. It is the minimal expected from the CBI. When there is a revelation by such an important body, there should have been some action.”

Mr. Bhushan, appearing for the Centre for Public Interest Litigation, alleged that it was a criminal conspiracy between private companies/persons and officials of the Department of Telecommunications to circumvent an open, transparent auction process by choosing the modified first come, first served route. This caused the exchequer a huge loss.

Mr. Venugopal objected to the court examining the CAG report in detail, arguing that it could not form the basis of court proceedings.

Justice Ganguly told him: “Our question is specific. We want to know whether the gentleman [Mr. Raja] whose involvement is replete with repeated action, has that gentleman been examined.”

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