I don’t know on what basis the court said there was no evidence. In at least 40 pages of the judgment, the court has reproduced the evidence.
The 2G scam was a landmark case where the Supreme Court, after a very detailed hearing, not only cancelled the licences but also ordered a court-monitored investigation by the Central Bureau of Investigation (CBI). It was on a prima facie finding about the manner in which the licences were given away on first-come-first-served basis to companies, which were also ineligible for licences.
Prima facie, it was an act of serious corruption.
The CBI produced considerable evidence before the trial court. This included not only the totally corrupt manner of giving away the licences, but also the fact that at least Swan Telecom and Loop Telecom were benamis of existing licence holders, i.e. Reliance and Essar. Further, they also produced considerable evidence of transfer of illegal gratification to Raja and to Kanimozhi, and their companies.
Despite all this evidence, it is shocking that the trial court has acquitted all the accused.
In my view, this is a totally wrong judgment, which must be appealed immediately by the CBI and the Enforcement Directorate. Hopefully, it will be set aside by the higher court.
This kind of judgment sends a very unfortunate signal to the people of the country — that powerful and influential accused will not be held accountable by our judicial system.
I don’t know on what basis the court said there was no evidence. In at least 40 pages of the judgment, the court has reproduced the evidence given by the CBI before showing illegal gratification.
It is a significant coincidence that a company which has been acquitted has now also become a favourite of the present ruling establishment.
By and large, the history of our judiciary is replete with cases where influential accused, especially large corporates and powerful politicians, eventually get away either at the trial court stage itself, or in the process of appeal, which usually lasts for decades.
Prashant Bhushan is a Supreme Court lawyer who argued for the cancellation of spectrum licences.