Delhi HC’s Unique Punishment In 2G Scam Case—Plant 3,000 Trees

NEW DELHI:- The Delhi High Court Thursday ordered two persons and three companies to plant 3,000 trees each for seeking more time to file their responses on the Enforcement Directorate’s appeal challenging their acquittal in a 2G scam case.

Justice Najmi Waziri granted one last opportunity to file responses to Swan Telecom Private Limited’s promoter Shahid Balwa, director of Kusegaon Fruits and Vegetables Private Limited Rajeev Agarwal, and firms—Dynamic Realty, D B Realty Limited and Nihar Constructions Private Limited.

The two individuals and three companies along with others including former Telecom minister A Raja and DMK MP Kanimozhi were acquitted by the trial court in the ED’s money laundering case.

The court directed them to appear before the forest officer concerned on February 15 for planting the trees in the South Delhi area. The companies will be represented through their authorised signatory.

The court listed the matter for further hearing on March 26.

A special court on December 21, 2017 had acquitted Raja, Kanimozhi and others in the CBI and ED cases. It had acquitted 17 others, including DMK supremo M Karunanidhi’s wife Dayalu Ammal, Vinod Goenka, Asif Balwa, film producer Karim Morani, P Amirtham and Sharad Kumar, Director of Kalaignar TV in the ED case.

On the same day, the trial court had acquitted Raja, Kanimozhi and 15 others, including former Telecom Secretary Siddharth Behura, Raja’s erstwhile private secretary R K Chandolia, Unitech Ltd MD Sanjay Chandra and three top executives of Reliance Anil Dhirubhai Ambani Group (RADAG)—Gautam Doshi, Surendra Pipara and Hari Nair, in the CBI’s 2G case.

On March 19 last year, the ED had approached the high court challenging the special court’s order acquitting all the accused.

A day later, the CBI too had challenged in the high court the acquittal of the accused in the case.

The ED, in its charge sheet, had alleged that Rs 200 crore was paid by STPL promoters to DMK-run Kalaignar TV.

The CBI had alleged that there was a loss of Rs 30,984 crore to the exchequer in allocation of licences for the 2G spectrum which were scrapped by the top court on February 2, 2012.

Special Judge O P Saini, however, had held that the prosecution had “miserably failed” to prove the charges.

The special court, which was set up on March 14, 2011 for hearing 2G cases exclusively, had also acquitted Essar Group promoters Ravi Kant Ruia and Anshuman Ruia and six others in a separate case arising out of the 2G scam probe.

The first case, prosecuted by CBI, had 17 accused, while the second matter, pursued by ED, had 19 undertrials. The third one had eight accused including Essar promoters.

In the CBI case, Raja, Kanimozhi and 15 others were tried under provisions of the IPC and the Prevention of Corruption Act dealing with offences of criminal conspiracy, cheating, forgery, using as genuine fake documents, abusing official position, criminal misconduct by public servant and taking bribe.

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