No investigator or prosecutor took responsibility for filings, says judge

While acquitting all the accused in the 2G spectrum scam case on Thursday, additional sessions judge O.P. Saini severely criticised the prosecution for pursuing the case in a directionless and diffident manner.

“In the beginning, the prosecution started with the case with great enthusiasm and ardour. However, as the case progressed, it became highly cautious and guarded in its attitude making it difficult to find out as to what prosecution wanted to prove. However, by the end, the quality of prosecution totally deteriorated and it became directionless and diffident,” the judge said.

“Several applications and replies were filed in the court on behalf of the prosecution. However, in the latter and also in the final phase of the trial, no senior officer or prosecutor was willing to sign these applications or replies and the same used to be signed by a junior most officer, Inspector Manoj Kumar, posted in the court.

“When questioned, the reply of the regular Senior Public Prosecutor would be that the Special PP would sign it and when the Special PP was questioned, he would say that CBI people would sign it. Ultimately, the petition/ reply would be filed under the signature of the Inspector. This shows that neither any investigator nor any prosecutor was willing to take any responsibility for what was being filed or said in the Court,” the judge said.

“Not only this, the most painful part is that the Special PP was not ready to sign written submissions filed by him. What is the use of a document in a court of law which is not signed by anyone? When questioned as to why the Special PP was filing unsigned written submissions, his reply would be that some defence advocates had also not signed the written submissions. Great efforts had to be made to persuade the Special PP to sign the written submissions, but all in vain,’’ the judge said.

“Thereafter, written orders had to be repeatedly passed to make him sign the written submissions filed by him in the court under the threat that unsigned written submissions would not be taken note of. Only thereafter he yielded and signed the written submissions. When the regular Senior PP and the Inspector present in the court were questioned as to why they were not signing the written submissions, their reply was that the same were not coming from their office and were instead coming from the office of the Special PP. Their submission was that unless these written arguments were processed in their office, they would not sign it,’’ he said.

“This shows that the Special PP and the regular prosecutor were moving in two different directions without any coordination. Many more things can be said but that would only add to the length of the order,” the judge added.