Mon, Feb 11, 2013 at 22:26

2G row: CBI finds its own prosecutor colluding with accused

For the last three years, the 2G case has become synonymous with a corrupt system and has had many twists and turns. It has been a case which has involved some of the biggest names in politics, corporate India and the bureaucracy.

For the last three years, the 2G case has become synonymous with a corrupt system and has had many twists and turns. It has been a case which has involved some of the biggest names in politics, corporate India and the bureaucracy.

Network 18 has learnt from sources that the CBI suspects its own prosecutor of aiding Unitech MD Sanjay Chandra, one of the accused in the 2G case. A CBI preliminary enquiry report says an investigation is on and lead 2G prosecutor AK Singh has been removed from the case.

In terms of scale and profile the 2G case is as big as it can get. Then telecom minister A Raja spent 15 months in jail, DMK MP Kanimozhi was denied bail for seven months. Telecom secretary Behuria and top corporates including Sanjay Chandra of Unitech were also denied bail for months .

The main accused A Raja, Unitech MD, Sanjay Chandra and 12 others including Kanimozhi have been examined by the prosecution. Cross examination is now on and a verdict is expected by the end of the year.

CNN IBN has accessed a preliminary enquiry (PE) registered by the CBI on February 6 which states that AK Singh who represented the CBI in the 2G case has allegedly colluded with the accused Sanjay Chandra, MD of Unitech. The CBI preliminary enquiry says AK Singh shared the strategy of the CBI prosecution and even advised the accused Sanjay Chandra how to defend himself in the case. The CBI has confirmed that AK Singh has been removed as the agency's prosecutor in the sensitive 2G case.

Sources have told CNN IBN the CBI has in its possession an audio recording which contains a conversation which the agency believes has taken place between its prosecutor AK Singh and Sanjay Chandra. CNN IBN has accessed the recording where two people are being heard discussing the legal strategy and the way forward.

In an exclusive interview to CNN IBN, CBI director Ranjit Sinha confirmed that the agency was using the recording as a basis for their preliminary enquiry and to establish the voices belong to Unitech's Sanjay Chandra and CBI prosecutor AK Singh.

CBI director Ranjit Sinha also told CNN IBN that they have taken this very seriously and has informed the Supreme Court, the CVC, the law ministry and the Department of Personnel & Training (DoPT). Sources confirmed the audio recording with the CBI was at least 17 minutes in duration. 

The PE says prima facie the information reveals gross misconduct on the part of CBI prosecutor AK Singh and accused Sanjay Chandra. 

Sanjay Chandra along with former telecom minister A Raja and 12 others have been charged with conspiracy, forgery and cheating in the 2G case. Raja is accused of tinkering with procedure and policy to help Unitech and other corporates to get 2G licenses. They are also charged with benefiting Unitech to make windfall gains by selling stakes at a premium to Telenor. The trial is currently in the court of justice OP Saini in Delhi's Patiala house.

The preliminary enquiry now raises massive questions over the nexus between the prosecutor and the accused and now raises fresh doubts on what else could have been shared and who else could have been involved since the CBI began its probe and prosecution of the accused.

Meanwhile, Unitech, in a statement, has denied that managing director Sanjay Chandra had any involvement in the alleged backroom negotiations.

"He (Sanjay Chandra) wishes to make it absolutely clear that he has never met the prosecutor in the 2g case outside of court or had any phone conversation with him. He denies the suggestion that his voice is on any alleged recording. It appears a fabricated voice recording has been sent anonymously to the CBI. Any suggestion that Sanjay Chandra is linked with this recording is nothing, but an attempt to malign him and prejudice his defence in the 2G case. It is re-iterated that the recording is a fabrication."

The statement also adds that Chandra has joined the CBI's enquiries, and is co-operating with the CBI probe.

Disclaimer: Network18 cannot independently verify the authenticity of the conversation on the audio tape.