The Supreme Court on Monday issued notice to the CBI on the bail plea of two 2G spectrum case accused — former private secretary to the then Telecom Minister Mr A. Raja, Mr R.K. Chandolia, and former Telecom Secretary, Mr Siddharth Behura.
The apex court also extended its interim stay on the Delhi High Court's order that had suspended a Special Court's order granting bail to Mr Chandolia. The apex court, however, said it cannot grant any immediate relief to the two accused without hearing the CBI.
Mr Chandolia, who is out on bail, had challenged the High Court's order claiming that it was “unwarranted and erroneous”. Granting bail to him, the Special Court had said that since he was only a private secretary to Mr Raja, his case cannot be equated with that of Mr Raja and Mr Behura.
The CBI had opposed Mr Chandolia's bail plea saying he, Mr Raja and Mr Behura constituted the ‘core of the conspirators' in the case, adding that whatever benefits the private persons obtained due to the 2G spectrum allocation flowed due to the misuse of official position by these three accused.
The High Court had in effect stayed the Special Court's order granting bail to Mr Chandolia after taking suo motu cognisance of certain reports which stated that granting bail to Mr Chandolia would impact Mr Behura's bail plea. It then rejected Mr Behura's bail plea on the ground that from the statements of witnesses, it has emerged that he was the ‘perpetrator' of Mr Raja's ‘illegal design', adding that, therefore, Mr Behura's ‘role' was distinguishable from the other accused who were granted bail.
Mr Behura then moved the Supreme Court. Twelve of the 14 accused, barring Mr Raja and Mr Behura, have already got bail.