2G case: CBI opposes bail plea of ex-telecom secretary Siddharth Behura

CBI today opposed the bail plea of former Telecom Secretary Siddharth Behura in 2G case in the Delhi High Court, saying complicity of public servants should be viewed seriously and if he is released, ex-minister A Raja may also seek same relief on ground of parity.

"I will still submit that the role of public servants in the case of such an enormous magnitude be considered differently. If accused (Behura) is granted bail then other public servants (Raja) can also seek bail on the ground of parity," Additional Solicitor General Mohan Parasaran, appearing for CBI, told a bench of Justice VK Shali.

With the lower court granting bail to RK Chandolia, former private secretary of Raja, now the DMK MP and Behura, who were arrested on February 2 this year, are the two accused in 2G case left in Tihar jail.

Twelve accused, including Chandolia, have been granted bail so far by various courts.

During the arguments, senior advocate Aman Lekhi, counsel for Behura, took strong note of CBI's opposition to the bail plea saying, Behura should not be made a scapegoat in the case where the Supreme Court and this court itself have laid down legal propositions.

"How can the CBI took the plea that I (Behura) be not granted bail as others (Raja) may also seek it on the ground of parity ? I want to rely on this statement of the CBI to press for the bail of my client."

The court concluded hearing the arguments and is likely to pronounce the order soon on the bail plea.

Earlier, Behura had sought his release on the ground of parity as others have been granted bail by the court and the SC.

The counsel for Behura had also said the accused related to alleged beneficiaries of scam (Unitech and Swan Telecom) have been granted bail.

The alleged bribe givers and takers (five persons including DMK MP Kanimozhi) are also out on bail. I also deserved to be released on the ground of parity and parity alone, he said.

The lawyer charged CBI with making an illegal and hostile distinction among the accused on the ground of private and public servants.

"There is no substantive allegation against him. It is not the case that I received any bribe or took part in any conspiracy. There is no case of disproportionate assets against me. The opposition to my bail plea is contrary to the Supreme Court verdict," he said.

In fact, there cannot be any distinction among the accused in the case as the Supreme Court has not dealt with the specific roles of individual accused and on the ground of parity, everybody should get bail, he said.