Does the latest controversy in the 2G scam case - a tape that purportedly records the CBI's prosecutor talking to one of the corporates accused in the case - only highlight the need to keep the appointment of prosecutors more transparent? And what does it say about the case so far?
"What is lacking in the system is the proper selection of public prosecutors," said V Singh, Ex-Additional Solicitor General. According to him, a written test on the lines of the Civil Services Examination should determine selection, other than factors like experience and track record.
"Right now prosecutors are appointed on the basis of procedures that are not germane to the cause," he added.
Prashant Bhushan, senior lawyer who has also been involved with the 2G case, agreed with the suggestion and said, "Public prosecutors need to be independent from the government."
"Prosecutors are more vulnerable to the government. In such large cases, where corporates and ministers are involved they may end up compromising with their integrity," he added.
According to senior journalist Paranjoy Guha Thakurta, who has been closely following the 2G case and trial for a long time, many people have felt for some time now that the CBI were deliberately weakening the case against the corporates and government officials accused in the case.
"If the public prosecutor colludes with the accused then it is merely proved that there were elements within the CBI who were trying to weaken the case," Thakurta said.
According to him, the judges would be well withing their rights to re-examine the case.
"A new prosecutor should be given the chance to re-examine the counter-examine the witnesses," Thakurta said
Clearly, we do not know how much damage has been done to the case, he said.
To watch the entire discussion aired on CNN-IBN, click here.
Published Date: Feb 12, 2013 12:37 PM | Updated Date: Feb 12, 2013 12:39 PM