New Delhi: Even if the non-arrest of five corporate honchos was due to “colourable” exercise of power by CBI during the probe into 2G scam, it did not entitle them to get bail considering the magnitude of the offence, the probe agency on Tuesdqay told the Delhi high court.
“It (non-arrest of five accused) may be a colourable exercise of power by the investigating agency but it does not entitle the accused to get bail ipso facto (by default) as a matter of right,” senior advocate U. U. Lalit said in a statement submitted before justice Ajit Bharihoke.
The agency, which did not arrest during the probe Swan Telecom director Vinod Goenka, Unitech Wireless (Tamil Nadu) Ltd managing director Sanjay Chandra and three top officials of Reliance ADA Group Gautam Doshi, Surendra Pipara and Hari Nair, opposed their bail plea and attempted to justify the lower court order on the issue.
The corporate executives accused are lodged in Tihar Jail after their bail plea was dismissed by the special court on 20 April.
“Now the matter is between the court and the accused who were allowed to enjoy liberty during probe. The court is not supposed to toe the line of investigating agency,” Lalit, Supreme Court appointed special prosecutor, said.