2G Scam: CBI questions timing of CD, says wrong to say 2G trial hit

A day after a CD containing alleged conversations between the CBI's public prosecutor in the 2G scam, A K Singh, and Unitech MD Sanjay Chandra surfaced, the agency questioned the "timing" of the leak, hinting at "corporate espionage".

The CBI has set up a team to look into any setback to the 2G trial because of the episode, following allegations that Singh could have tried to help Chandra. The CD was aired by news channel CNN-IBN.

"We have registered a preliminary enquiry and cannot rule out corporate espionage. The conversation appears to have been recorded in September-October last year. The fact that it was aired just before the JPC meeting and coming Parliament session cannot be ignored," a top CBI official said.

The agency also defended its prosecutor, saying there was no forensic evidence yet to condemn him. "It is wrong to say that the investigations and trial in 2G case have been compromised. Singh has been associated with several important CBI cases in the past and we have to wait for forensic evidence before taking any action against him. He is not the chief public prosecutor in 2G. He is one of the assisting public prosecutors to U U Lalit, who has been appointed by the court as the special public prosecutor," said an officer.

The agency will be sending the voice samples of Singh and Chandra for forensic examination. Under the CrPC, a person's consent is required before taking samples of his voice.

"We have to wait till the CD's genuineness is proved. Once we find prima facie evidence, we will move to the court to seek permission for voice samples," the officer said.

He also added that the CBI cannot comment on the authenticity of the tape. "It is not clear whether someone has illegally taped the phone or recorded the conversation with a sophisticated device."

Giving out the sequence of events that led to the removal of the public prosecutor, the top official said, "The CBI received a CD containing the conversation between two persons from a source 10 days back. After initial probe, we registered a PE and removed Singh from the 2G case." The CBI refused to reveal the identity of the source.

This was also confirmed by JPC chairman P C Chacko, who said that CBI Director Ranjit Sinha had informed the panel members that the tape was received by a DIG of the CBI from "a source" 10 days ago. The DIG in turn had handed it over to the director. Sinha appeared before the JPC Tuesday and was examined by JPC members.

Responding to a pointed query on whether the tapping was the result of an operation by the counter-intelligence wing of the CBI or someone else, Chacko said he could say from what transpired at the meeting that it was not the work of "a government agency".

Sinha is learnt to have also told the JPC that prima-facie the voices on the tape were those of Chandra and A K Singh.

DMK wants Raja called to JPC

As JPC chairman P C Chacko sought to conclude the process of examining witnesses Tuesday, DMK members T R Baalu and Tiruchi Siva made a forceful plea for summoning former minister and their party colleague A Raja as a witness. Sources disclosed that DMK members also demanded that Shahid Balwa of Swan Telecom be called. Chacko told the media that he would be considering the matter as well as consulting other members of the committee informally.

The JPC chief added that experience had shown that calling a person who is an accused in a court case serves no purpose because he cannot make any fresh revelations before the committee. He added that should Raja be called, he would be the last witness. However, if one former minister is called, it would have implications vis-a-vis other former ministers too.
Courtesy:
Express news service : New Delhi, Wed Feb 13 2013, 09:33 hrs
http://www.indianexpress.com/news/cbi-questions-timing-of-cd-says-wrong-to-say-2g-trial-hit/1073423/0

2G SCAM: CBI 2G prosecutor removed after CD 'triggers doubt'

Acting on a CD that allegedly raises suspicion about the role of its own public prosecutor in the 2G scam case, A K Singh, the CBI on Monday removed Singh from the trial and registered a preliminary enquiry to probe the development.

The CD containing voices of two persons is said to detail a discussion between Singh and Unitech MD Sanjay Chandra. The 17-minute audio clip was reportedly received by the CBI from an unknown source last week and was aired by TV news channel CNN-IBN on Monday. The CBI has informed the special court set up for 2G cases about the CD.

CNN-IBN claimed that Singh, in the purported taped conversation in its possession, can be heard advising how the proceedings in the 2G case against Unitech can be muddled. It is alleged that Singh is also suggesting ways to weaken the CBI's case against Unitech. The Indian Express has not accessed the CD and cannot independently verify its reported contents.

Unitech refuted the allegations sought to be made by the CD and said Chandra had neither met Singh outside court nor had any phone conversation with him.

It said the voice on the CD appeared fabricated and was an attempt to malign him and prejudice his defence in the 2G case.

CBI director Ranjit Sinha said he could not confirm the genuineness of the recording and a forensic examination would give the correct picture. But since the prosecutor has come under a cloud, he had been transferred from the case, he said, adding that until the inquiry is completed, CBI cannot take action against Singh.

"We have registered a PE and are verifying the allegations leveled in the audio tape. The CD containing the audio was received by CBI few days back from an unknown person," said CBI spokesperson Dharini Mishra. Sources said Chandra, who is alleged to be the second voice in the CD, was examined by CBI and also confronted with Singh on Monday.

In one of the conversations broadcast by CNN-IBN, Singh is alleged to be ignoring a suggestion made by the CBI's DIG: "Hamare se upar DIG ka phone aaya tha ki Srivastava se poocho ROC and memorandum wala issue. Maine bola kyun apne pair pe khuladi marwa rahe ho....Srivastava wahi bolega jo file pe hai (The DIG asked me to question one of the witnesses on the issue of memorandum and ROC but I suggested that it will invite trouble for our case)."

CNN-IBN also claimed that the CD contained an "unusual conversation" in which the "chief 2G prosecutor is asking Chandra what the worth of a government lawyer like him is in the market": "Hum logon ki biradari main kya kimat hogi?"

To which Chandra is alleged to have replied: "Dekho agar corporate mein naukri karo to 3-4 lakh but daily appearance ke hisaab se karo, before 2G rates alag hote, after 2g rates double ho gaye hai (If you work in the corporate sector, a salary of Rs 3-4 lakh, but rates of lawyers have doubled after the 2G scam if you work on the basis of daily appearance)."

Reached for comment, a Unitech spokesperson said in an email reply that Chandra was currently unavailable due to a bereavement in his family. "However, he 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," the spokesperson said.

"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. Increasingly, manipulated voice recordings are finding their way into the public domain with ulterior motives. Despite the bereavement in his family, Sanjay Chandra has joined the CBI's enquiries and has made his stand crystal clear," the email said.

"It is regrettable that CNN-IBN did not deem it appropriate to wait for a determination by the CBI and forensic experts regarding the genesis and authenticity of the alleged voice recording before airing the same. It is reiterated that the recording is a fabrication. In the past also, in several cases fabricated recordings have been played out but not one of them have stood the test of judicial scrutiny," it added.
Courtesy:
Express news service : New Delhi, Tue Feb 12 2013, 04:35 hrs
http://www.indianexpress.com/news/cbi-2g-prosecutor-removed-after-cd-triggers-doubt/1072947/0

2G SCAM: Sr public prosecutor, Unitech MD face CBI queries

Voice Samples Taken To Match Audio In Tape
New Delhi: After registering a preliminary enquiry four days ago in the case of an audio tape allegedly having a conversation between senior public prosecutor in the 2G case, A K Singh and Unitech managing director Sanjay Chandra, the agency on Monday examined the duo for several hours.

Sources say Chandra and Singh were called to the CBI headquarters around 11 am by the 2G investigating team and were quizzed over the 17-minute conversation, which the CBI says pertains to discussion on prosecution strategy in the case, till evening.

They were also reportedly confronted with the tape audio and their voice samples have been taken to match the voices on tape, sources said. The agency is likely to examine them again as the probe progresses.

However, despite the CBI director Ranjit Sinha on Monday going on record to say that the voices on the tape prima facie appear to be that of Chandra and Singh, Unitech has summarily denied its MD’s connection with the tape calling it “fabricated”.

The CBI has removed A K Singh, who was assisting special public prosecutor U U Lalit in the case since the beginning, pending enquiry, with K KGoyal replacing him.

Sources in agency say that the conversation between Chandra and Singh had been recorded last September but it was sent to the CBI only recently. The agency has filed all important chargesheets in the 2G scam in the past two years even as Aircel-Maxis deal is under investigation. However, sources say the accused trying to influence prosecution officers may harm the case during trial, which is being monitored by both the Supreme Court and the JPC.

“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,” Unitech said in a statement.

The CBI in a statement argued
“It has come to the notice of the CBI that a Public Prosecutor was allegedly in touch with, and was discussing certain points regarding prosecution strategy with an accused in the 2G Spectrum allocation case, which is currently under trial before the court of Special CBI Judge at Patiala House Courts. These allegations are being probed.”

JPC to question CBI chief today
    Central Bureau of Investigation director Ranjit Sinhawill be questioned by members of the Joint Parliamentary Committee on telecom on Tuesday with regard to the allegations that the agency’s prosecutor in the 2G scam was in unauthorized contact with an accused.

The taped conversation between CBI prosecutor A KSingh and Unitech’s Sanjay Chandra will figure prominently with Opposition MPs like Yashwant Sinha and Gurudas Dasgupta, who are expected to question the CBI chief on the circumstances of the recording and its consequences for the trial.

The CBI chief’s testimony was slated to be one of the last presentations to the JPC along with telecom secretary R Chandrashekhar. But the new revelations may see some members demand more information and seek the presence of additional witnesses. TNN 
Courtesy:
TIMES NEWS NETWORK
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2G SCAM: CBI probes telco honchos, voice samples sent for tests

New Delhi: Jolted by the disclosure that its case in the mega spectrum scam may have been compromised, the CBI has launched a probe into the audio tape of the purported conversation between its prosecutor A K Singh and 2G scam accused Unitech MD Sanjay Chandra.

The CBI on Wednesday examined representatives of Chandra’s company whose names figured in the conversation. The agency also took Singh’s voice sample and sent it for forensic examination while it is yet to get Chandra’s consent for his voice sample.

Sources said the agency was examining every person mentioned in the 17-minute audio tape, and Shahid Balwa of D B Realty would be called for examination soon. About former, DoT official A K Srivastava — the star CBI witness in the 2G case, sources said he has backed the probe and never retracted from his testimony.

“So far, our enquiry has revealed that Srivastava has not been compromised and he has not been contacted by any 2G accused. The prosecution strategy discussed by A K Singh with Chandra has not affected Srivastava’s testimony,” a source said.

“The audio tape, prima facie, suggests that A K Singh very well knew what he was discussing with Chandra and he was not being pushed to say anything,” the source said.
COURTESY:
Neeraj Chauhan TNN
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