The CBI today moved a designated special court for slapping the fresh charge of breach of trust by public servants against former Telecom Minister A Raja and two others in the 2G spectrum allocation case.
Special Public Prosecutor U U Lalit filed an application before Special CBI Judge O P Saini, saying a case of criminal breach of trust under Section 409 of the Indian Penal Code is "certainly made out" against Raja, his former private secretary R K Chandolia and former telecom secretary Siddharth Behura.
The CBI plea said besides Raja and two former officials, all others, including DMK MP Kanimozhi and three telecom firms should be charged under section 409 (criminal breach) read with 120 B (criminal conspiracy) of the IPC.
"It is submitted that accused 1, 2, and 3 (Raja, Behura and Chandolia) were public servants having a dominion over valuable 2G spectrum in their respective capacities as public servants," said the CBI application.
"The said accused public servants in pursuance of conspiracy with other accused dishonestly disposed of the valuable 2G spectrum illegally and in violation of the existing policies and the eligibility criterion in order to confer wrongful gain on accused no. 4 (Swan Telecom promoter Shahid Usman Balwa), 5 (Vinod Goenka), 6 (Swan Telecom), 7 (MD of Unitech Sanjay Chandra) and 8 (Unitech Wireless Tamil Nadu Ltd)," the CBI told the court.
"Thus, accused Raja, Behura and Chandolia have committed an offence punishable under section 409 IPC and all other accused have committed an offence punishable under section 409 read with section 120 B IPC. With the cognisance of this court (they) should be charged accordingly," the application said.