(G.N.S.) Dt. 27
The Central Bureau of Investigation has started consultations with legal experts to prepare the grounds for appeal against the 2G case verdict by the trial court, acquitting all the accused.
The agency has its own Directorate of Prosecution, which provides legal opinion on various aspects of the case. The unit has received a copy of the judgment and is examining it to identify the rulings that can be contested by the CBI in the Delhi High Court. The CBI is of the view that the court gave precedence to oral testimonies of the defence witnesses over the documentary evidence furnished by the agency.
“Under the Evidence Act, documentary evidence is given precedence over oral testimonies. This aspect was not appreciated,” an official said. Stating that there was enough circumstantial and material evidence to establish culpability of the accused, he said the suspect financial transactions of the companies involved in the case were also not considered properly.
The official said the Supreme Court had cancelled the licences in 2012 on the basis of the alleged irregularities in their allocation. “The manner in which the deadline for submission of applications was advanced, giving opportunity to only two companies to get the licences, is also a fact that cannot be ignored,” he said.
The Enforcement Directorate is also examining the judgment by which its charges against the accused persons under the Prevention of Money Laundering Act were dismissed by the court, as the primary case of the CBI had collapsed. The Directorate will challenge the court’s interpretation of certain PMLA provisions, stressing that its findings were not appreciated properly.