NEW DELHI: The Supreme Court Monday took exception to the Central Bureau of Investigation (CBI) being selective in opposing the bail pleas of the accused in the 2G scam.
The court expressed its reservation on the conduct of the investigating agency when it opposed the bail plea of former Telecom Secretary Siddharth Behura.
Justice G.S. Singhvi and Justice S.J. Mukhopadhaya made the observation while directing that the bail pleas of R.K. Chandolia, a former aide of ex-telecom minister A. Raja, and Behura will be heard by judges Singhvi and H.L. Dattu who earlier decided on the plea of five corporate honchos.
As senior counsel Aman Lekhi appearing for Behura drew the attention of the court to inconsistent conduct of the investigating agency in opposing the bail plea of some and looking other way in case of others, the court observed that in "principle we are not convinced" of the CBI's approach.
"Most of your evidence is documentary. Why should he be kept in the confines? His influence was when he was in office. Now he is not in office. What influence does he have now? In principle we are not convinced," the court queried the counsel for investigating agency.
The court said this in the course of the hearing of the bail pleas by Chandolia and Behura.
Chandolia was granted bail by the special CBI court Dec 1 but the Delhi High Court next day stayed it taking suo motu note of a newspaper report on bail granted to him.
The high court order putting Chandolia's bail on hold was stayed by the apex court Dec 7. Raja, Bheura and Chandolia were arrested Feb 2, 2011 in connection with the 2G scam.
Behura has moved the apex court challenging the rejection of his bail plea by the Delhi High Court Dec 16, 2011. The apex court had Jan 2, 2012 issued notice to the CBI about Behura's bail plea.