Delhi High Court Clears CBI of Disparaging Remarks in Telecom Spectrum Case
The Delhi High Court has recently ruled in favor of the Central Bureau of Investigation (CBI) by exonerating the agency and expunging the disparaging remarks made against it by a special court. The remarks were made in relation to the 2002 additional spectrum allocation case involving former telecom secretary Shyamal Ghosh and three telecom firms.
The high court, recognizing the CBI as the premier investigating agency of the country, emphasized the sensitivity of its function. Justice Dinesh Kumar Sharma stated that any observation or remark lacking substantive basis would demoralize the entire agency. The court noted that the special court had made these remarks without providing an opportunity for CBI officers to defend themselves, rendering them potentially harmful to the individuals involved.
The CBI petitioned the high court to expunge the adverse remarks made in the special court’s verdict, which discharged the accused in the case. The counsel representing the CBI argued that the special judge had directed the CBI to conduct an inquiry against the officials involved and take necessary action without granting them an opportunity to present their stance. The counsel for the discharged respondents supported the expunging of the remarks.
In the 2002 case, Shyamal Ghosh and three telecom companies were charged with causing a loss of Rs 846.44 crore to the exchequer through the alleged improper allocation of additional spectrum by the Department of Telecommunications (DoT). Ghosh and the telecom companies argued against the CBI’s loss theory, stating that the allocation of surplus radio waves benefited not only private firms but also state-run MTNL and BSNL.
The special court’s verdict had criticized the charge sheet as being based on distorted and fabricated facts, misleading the court. It had also claimed that there was no incriminating material against the accused. However, the Delhi High Court found that the discharge order had not been challenged by the CBI and therefore the adverse remarks made were unjustified.
The decision of the high court will provide relief to the CBI and its officers, as the court’s ruling acknowledged the importance of maintaining the agency’s morale. The case highlights the significance of fair treatment and due process in investigations, ensuring that remarks made without substantive basis do not harm the reputation and functioning of premier investigating agencies like the CBI.
