New Delhi: The Central Bureau of Investigation (CBI) on Friday strongly defended before a Delhi court its plea seeking framing of additional charge of criminal breach of trust against all the 17 accused, including former telecom minister A Raja, in the 2G spectrum allocation scam case.
Special Public Prosecutor U U Lalit told Special CBI Judge O P Saini that Raja, his former private secretary R K Chandolia and former telecom secretary Siddhartha Behura had a dominion over valuable 2G spectrum in their respective capacities as public servants and they flouted law in award of licenses, which made out a case of criminal breach of trust.
Concluding rebuttal arguments on CBI's application, Lalit opposed the plea of defence lawyers that spectrum was just "electro-magnetic" waves and could not be termed as property which was "illegally" disposed off by Raja in connivance with the co-accused.
"Where property is stated in a generic sense, then we must appreciate the fact that it includes all types of properties. Whenever expression 'property' occurs, one must give it as wider definition as possible. The dimension of property changes," he said.
The prosecutor said properties were of different types "which also include right to certain things, licence to certain things, copyright and trademark."
He opposed the plea of the accused that the charge of cheating and criminal breach of trust could not be invoked simultaneously.
"Both these offences are not mutually exclusive," he said and elaborated on legal issues to drive home the point that CBI can invoke both sections 420 (cheating) and 409 (criminal breach of trust) of the IPC together.
The court reserved its order for October 22 on framing of charges.
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