A Delhi court today dismissed former Telecom Minister A Raja''s ex-private secretary R K Chandolia's plea seeking bail and quashing of proceedings against him in the 2G spectrum allocation case on the ground that sanction granted to prosecute him was illegal.
"There is prima facie incriminating material on the record against accused (Chandolia). The competent authority has referred to the material considered by it at the time of grant of sanction under section 19 of the Prevention of Corruption Act."Such authority is not required to consider each and every document at the time of grant of sanction and may confine himself to the relevant material which points to the role of the concerned accused in the alleged criminal act," the court said while dismissing his plea.Chandolia had moved the court of Special CBI Judge O P Saini on July 14 saying the cognisance taken in the case was barred and remand proceedings were also illegal.
He had also sought interim bail, pending disposal of his plea.The judge said the competent authority, while granting sanction to prosecute, does not have to act like a judge."There can be no judicialisation of the administration and the administrative/competent authority is not required to act like a judge.... Its duty is only to see if there are allegations which require investigation or there is material collected during investigation on the basis of which the public servant is required to be prosecuted," the court said.