Judge called Raja,Behura ‘trustees of property’

“Ordinarily,a minister may not become trustee in the general sense of the term,however,while exercising such a valuable statutory right in respect of a scarce natural resource of great economic value,he is certainly a trustee,” said the order,adding that the minister’s power was not discretionary.

The judge also rejected the defence claim that spectrum could not be termed property: “Utilisation of spectrum is governed by international treaties and conventions and radio regulations of the International Telecommunication Union. It is a natural resource. A licence for its use on non-exclusive basis is granted by Government of India under Section 4 of the Indian Telegraph Act 1885. It is being exploited commercially. It is thus,a property,which cannot be seen but has great economic value and thus creates a legal right.”

The judge also explained why he chose to charge Raja and Behura with IPC 409 read with 120-B ‘or in the alternative’ IPC 420 (cheating) read with 120-B. This,he did by rejecting the defence’s view that IPC 409 and 420 are antithesis of each other and cannot stand together.

The CBI,in its September 26 application requesting for Raja,Behura and Raja’s private secretary R K Chandolia to be charged with the substantive offence of IPC 409,had asked for the other accused to be charged with the conspiracy to commit the same. However,the judge chose not to charge Chandolia with the substantive offence.

Judge Saini noted that Behura could be charged as he was secretary,DoT,and hence was administrative head of it as well as principal advisor to the government. He could be taken as a trustee. The judge charged Chandolia only with conspiracy because “he was only assisting the Minister in the discharge of his duties”.