The CBI on Monday charged all the 2G scam accused with breach of trust under Section 409 of the Indian Penal Code, which carries a maximum punishment of life imprisonment. While A Raja, RK Chandolia and Sidhharth Behura face charges of breach of trust by public servants under Section 409, the remaining accused have been charged by the investigating agency under Section 409 besides Section 120 B (criminal conspiracy).
Section 409 IPC carries a maximum punishment of imprisonment for life or imprisonment for a term which may extend up to ten years with penalty.
Arguing that CBI’s fresh charge was simply a means to delay the procedings of framing of charges, Raja’s counsel senior advocate Shushil Kumar told special CBI judge OP Saini that home minister P Chidambaram, who was the then finance minister, should be made a witness in the case. Chidambaram should be asked whether he gave the advice on the issue of dilution of shares in the presence of Prime Minister Manmohan Singh to A Raja, Kumar said. ?The court should use its power under Section 311 CrPC to summon and examine Chidambaram as a witness,? he said, adding that the CBI should have recorded P Chidambram’s statement.
Meanwhile, the court deferred hearing on Subramaium Swamy’s plea seeking to make home minister P Chidambram co-accused in the 2G spectrum scam case till October 12. Swamy sought the deferment until the apex court took a decision on his petition seeking a CBI investigation into Chidambram’s role in the scam.
On his part, special public prosecutor UU Lalit slapped fresh charges on all the accused and filed an application before special CBI judge, saying a case of criminal breach of trust under Section 409 of the IPC was ?certainly made out? against the three public servants.
The CBI plea said besides the former telecom minister (Raja) and two former officials (Chandolia and Behura), all others, including DMK MP Kanimozhi and three telecom firms should also be charged under section 409 (criminal breach) read with 120 B (criminal conspiracy) of the IPC. ?It is submitted that accused 1, 2, and 3 (Raja, Behura and Chandolia) were public servants having a dominion over valuable 2G spectrum in their respective capacities as public servants,? the application said. ?The said accused public servants in pursuance of conspiracy with other accused dishonestly disposed of the valuable 2G spectrum illegally and in violation of the existing policies and the eligibility criterion in order to confer wrongful gain on accused no. 4 (Swan Telecom promoter Shahid Usman Balwa), 5 (Vinod Goenka), 6 (Swan Telecom), 7 (Unitech MD Sanjay Chandra) and 8 (Unitech Wireless),? the CBI told the court.
The CBI, in its two chargesheets against the accused, has booked them for the offences punishable under section 120B, 420, 468 and 471 IPC besides various provisions of the Prevention of Corruption Act.