New Delhi: The Supreme Court on Monday questioned CBI for opposing the bail plea of former Telecom Secretary Siddharth Behura while it had not opposed the similar plea of other accused in 2G spectrum allocation scam.
"Most of your evidence is documentary. Why should he be kept in confines. He was influential in office. Now he is not in office. What influence does he have now," a bench of justices G S Singhvi and S J Mukhopadhaya said adding that "on principle we are not convinced".
Senior advocate Aman Lekhi, appearing for Behura, said that it is strange that the agency is opposing his bail plea while it did not oppose the bail of other persons who were accused of accepting and offering the bribe in the scam.
"That is, what is coming in our mind also," the bench remarked.
The bench, however, said that the case be placed before the same bench which had granted bail to other accused in the case last year.
Therefore bail plea of Behura and petition of A Raja's former private secretary R K Chandolia would be listed before a bench of justices G S Singhvi and H L Dattu.
Opposing Behura's bail plea, the CBI submitted that he played pivotal role in the alleged scam and is prime conspirator.
The apex court had on January 2 issued notice to CBI on Behura's bail plea and extended the interim stay on the Delhi High Court's order of putting on hold the bail granted to Chandolia by the trial court in the case.
Out of the 14 accused persons in the 2G scam case, only the prime accused, former telecom minister A Raja and Behura remain in jail as the 12 other accused including the DMK MP Kanimozi have been granted bail by different courts.
First Published: Monday, April 09, 2012, 18:09