CBI seeks dismissal of Chandolia's plea in 2G case

The CBI today strongly opposed the plea of former telecom minister A Raja's erstwhile aide RK Chandolia that the agency lacks proper sanction to prosecute him in the 2G case.

In its reply filed before Special CBI Judge OP Saini, the agency termed Chandolia's plea as "frivolous" and sought its dismissal after imposition of heavy cost.

Chandolia had accused the CBI of not having any order of competent authority under Delhi Special Police Establishment (DSPE) Act to probe the case against him.

Countering his plea, the CBI submitted that Satish Bhushan, Under-Secretary (vigilance), Ministry of Finance, had conveyed permission of the government as required under the DSPE Act to initiate inquiry against him in a letter dated December 7, 2010.

The CBI contended that Raja's former personal secretary's plea was based upon incorrect assertions.

Chandolia had claimed that there is no sanction to prosecute him for the offences punishable under section 120-B (criminal conspiracy) and 420 (cheating) of the IPC and had also sought interim bail till the disposal of his application.

Refuting Chandolia's contentions that there was no application of mind by sanctioning authority in granting sanction under the Prevention of Corruption Act, the CBI said, "This contention of the accused has no force as it is
nowhere required in law that sanctioning authority must peruse each and every document, statement of all witnesses examined during investigation.

"The essential requirement of law is that all the relevant material should be considered by sanctioning authority."

The CBI said they did not require sanction for his prosecution under the IPC as "allegations levelled in the charge sheet are self explanatory".

"There is no provision in the CrPC, especially under section 437 of CrPC, entitling an accused to be released on interim bail till disposal of his application, challenging the authenticity of sanction order," the CBI said, opposing Chandolia's plea for interim bail.

The court has now slated the matter for arguments tomorrow.