Former Telecom Secretary Siddhartha Behura, accused in the 2G spectrum allocation scam, on Thursday moved a bail application before a Delhi court saying the decisions regarding the changes in policies were taken prior to his joining the Department of Telecommunication.

Mr. Behura, in Tihar jail since his arrest on February 2, submitted he had no role in changes in the policies.

Special CBI Judge O P Saini posted Mr. Behura’s second bail plea for hearing on May 23. Earlier on March 18, the court had rejected his bail plea.

“The pricing policy, change in date as also change in first-come-first-serve (FCFS) policy had already happened before the applicant (Behura) joined and the steps taken thereafter merely entailed implementation of the policy in place and the consequences ensuing therefrom will not render the applicant a conspirator unless it is reasonable to attribute to him involvement in the scheme and policy devised as resulted in the benefit,” the application said.

Mr. Behura’s advocate Meenakashi Lekhi said the decision regarding fixation of entry fee for the UAS licences was taken before he joined as Secretary in DoT.

“The applicant (Behura) therefore cannot be linked to the alleged loss suffered by the government, the basis of which is the issue of fixation of entry fee pricing, decided and communicated in 2007...therefore, the issue of magnitude of the case and the enormity of alleged loss to government is not relevant as far as the applicant is concerned,” the application said.

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