Journalism of Courage
Lawyers for corporates are up in arms over the CBI seeking to add Section 409 of the IPC,implying criminal breach of trust by a public servant,in the list of charges against the 2G accused.
With all the accused behind bars without bail,the CBI plea could spell more trouble for them. However,it the timing that has left the lawyers fuming. Why has the CBI moved to charge them under this section now,when the hearing of the 2G matter in the Supreme Court is at a very crucial stage? It seems the agency is trying to send a message to the court, said a lawyer for one of the accused.
Mukul Rohtagi,counsel for Swan Telecom Director Vinod Goenka,dubbed the plea a last-ditch effort to salvage a crumbling case (2G).
The move is highly motivated,coming as it does when the SC is hearing the bail pleas of the accused. This is an attempt by CBI to show to the court that serious,grievous offences are made out against the accused,who are so far charged with offences that carry a maximum sentence of seven years. In such offences,the law is in favour of grant of bail to the accused. But,by deciding to charge them under Section 409,the CBI has tried to create a desperate defence for itself because it has no case, he said.
If the court accepts the CBI plea,A Raja,Kanimozhi,Sidharth Behura and Vinod Goenka,among others,could remain in jail till the trial is over. The plea is an attempt to mislead the courts. Where is fresh evidence to support the charge of criminal breach of trust by a public servant? So far,the CBI has nothing, said Rajas counsel Ramesh Gupta.
