CBI on Thursday opposed the bail plea of former telecom secretary Siddhartha Behura, an accused in 2G spectrum allocation scam case, saying that instead of following the government's policy, he had followed the policy of the then telecom minister A. Raja.
The agency said Behura did not put any check and balance on Raja's "misdeeds" during grant of licences despite having highest executive powers in the department of telecommunication.
"He (Behura) followed the policy of the minister (Raja) and not the policy of the government," CBI prosecutor A.K. Singh submitted before special CBI judge O.P. Saini.
He said after Behura joined the DoT on January 1, 2008, he had followed the policy which was not existing till then.
CBI said that being the secretary of DoT, he was the highest executive officer of the department but he did not implement the policy of the government.
"Making policy is the prerogative of the government but the secretary and other officials of any department implements it," the CBI prosecutor said.
CBI countered Behura's plea that the Prime Minister was informed by Raja through letters about the process of grant of licences, saying mere informing him did not mean that he got the consent on the issue.
"Mere informing the Prime Minister is not the basis to implement any policy saying that it is the government's policy," CBI said.
The agency also pointed out that Behura had played an active role in giving licences to Swan Telecom, promoted by Shahid Usman Balwa, despite objections raised to its eligibility.