Expressing surprise at the CBI opposing bail to the former Telecom Secretary, Siddhartha Behura, in the 2G spectrum allocation case on the ground that he was a public servant at the time of commission of the crime, counsel on Tuesday told the Delhi High Court that his client also deserved to be released on the principle of parity.
On Monday, Justice V.K. Shali said DMK MP Kanimozhi and four others deserved to be released on bail on the parity principle, following grant of bail to five corporate executives by the Supreme Court last week.
Counsel Aman Lekhi argued that the investigating agency had created artificial categories among the accused when all of them — whether public servants or private persons — were facing prosecution under the same provisions of the Indian Penal Code.
The charge of criminal conspiracy to commit breach of trust by a public servant has been slapped on 14 of the accused.
Counsel said the investigating agency put forward this new argument for the first time in the High Court and it made no such submission before the special court.
The CBI had opposed his bail plea in the special court on the ground that the individual charges against him would attract a maximum punishment of seven years if he was convicted.
On the charges against Mr. Behura, Mr. Lekhi earlier argued before the trial court that his client had no role in deciding the first come, first served policy, the cut-off date and the dual technology norms for allocation of the spectrum. For, he joined the Telecom Department only on January 1, 2008, after these decisions had been taken.
Justice Shali deferred the matter till December 1.
