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LATEST NEWS UPDATES | 2G: CBI Gets SC Nod to Investigate NGO Secy

2G: CBI Gets SC Nod to Investigate NGO Secy

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published Published on Nov 2, 2012   modified Modified on Nov 2, 2012
-Outlook

The Supreme Court today said the CBI is free to proceed with its investigation against Anil Kumar, Secretary of an NGO, Telecom Watchdog, for allegedly interfering with the probe in the 2G spectrum case by giving a "virtual clean chit" to former Telecom Minister Dayanidhi Maran.

The apex court termed as "highly improper" the conduct of Kumar whose NGO filed a joint petition with others against Maran and subsequently writing a letter to the CBI and publishing an article in a magazine giving a clean chit to Maran.

"We can clarify that this letter should not in any way affect the investigation and if you (CBI) think that this man has done something wrong you can proceed against him in accordance with law," a bench comprising justices G S Singhvi and K S Radhakrishnan said.

The bench said "writing a letter to the CBI after filing the petition was highly improper and this letter deserves to be thrown in the dustbin."

The bench made it clear that "backing out" of one of the petitioner or his coming out in support of former minister should not affect the investigation.

"How does the change of stand affect the CBI investigation," the bench told the CBI and referred to the submission of advocate Prashant Bhushan that the agency was not taking any action against Maran, who has been accused by the agency of "coercing" a Chennai-based promoter to sell his stakes in Aircel to Malaysian firm Axis in 2006.

"You (CBI) have to take action in accordance with law and there is no question of permission or order. If facts are correct you must have completed the investigation," it said.

Bhushan, who was appearing for the NGO, Centre for Public interest litigation (CPIL), accused the CBI of going slow by saying that though the FIR against Maran was lodged in October last year the investigation has not been completed.

The CBI had in April this year brought to the notice of the apex court that in the letter, Kumar had turned C Sivasankaran, former Chairman of Aircel, from victim to accused by charging him with cooking the story to extract money from Maxis.

The bench on April 11 had taken strong exception about the February 5, 2012 letter written by Kumar virtually exonerating Maran and accusing Sivasankaran, who has been shown as victim in earlier applications of Telecom Watchdog.

"What prompted him to publish an article when the matter is before us," the bench had observed when the CBI alleged that such conduct of Kumar amounts to interference with the probe in the 2G spectrum scam.

Telecom Watchdog had jointly filed the petition along with another NGO, Centre for Public Interest Litigation (CPIL), and a senior journalist Paranjoy Guha Thakurta.

CBI had said that Kumar, who earlier alleged that Maran was involved in arm-twisting the Chennai-based businessman in selling his stake to the Maxis, had made an attempt to give a clean chit to him by writing letter to the CBI and publishing an article in Magazine -- Telecom Live.

The agency alleged that Kumar was "subverting" the course of investigation despite a warning by the apex court that nobody should try interfering with the probe.

Bhushan, who is also appearing for the Telecom Watchdog, said Kumar had not informed him about the publication of the article in the magazine and letter to the CBI in which he wrote that there was "no truth of coercion by Maran against Sivasankaran".

Meanwhile, the CBI also placed before the bench in a sealed cover the gist of the status report about the progress of probe relating to Maran. The matter has been listed for hearing on November 7 and 8.

Outlook, 1 November, 2012, http://news.outlookindia.com/items.aspx?artid=779732


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