2G case: Court to decide on framing of charges on Sept 15

New Delhi, Aug 29 (PTI) A Delhi court on Monday reserved
its order on framing of charges against 17 high-profile
accused including former Telecom Minister A Raja in the 2G
spectrum allocation scam after Central Bureau of
Investigation(CBI) wrapped up arguments saying it had
sufficient "prima facie" evidence to proceed with their trial.
"The matter is now fixed on September 15 for orders (on
framing of charges)," special CBI judge O P Saini said.
Winding up his arguments on framing of charges, Special
public prosecutor U U Lalit opposed the pleas of Raja and DMK
Member of Parliament Kanimozhi that their prosecution was
illegal due to lack of proper sanctions from authorities
concerned.
"The office he (Raja) is presently holding as an MP has
not come into the picture at all. Here it is nobody's case
that he misused his office as an MP.
"Sanction for prosecution is not important for those who
cease to be a public servant. Sanction is required when for
example a public servant accepts a bribe in discharge of a
public function which is his official duty but the underlying
current is to garner that advantage i.e the discharge of
public duty is merely a facade or a cloak.
"One has to see if you are actually performing a public
function or it is merely a cloak. And since he (Raja) demitted
office, no sanction is required under the Prevention of
Corruption Act," Lalit said.
The same applies to Kanimozhi. She may be holding office
as an MP but that has not been alleged to be misused, he said.
The prosecutor sought framing of charges against all the
accused including three telecom firms under various provisions
of the IPC and the Prevention of Corruption Act.
He, however, said CBI could not find evidence against
Unitech Wireless (Tamil Nadu) Private Ltd to show any money
trail as "quid pro quo" in lieu of grant of licenses.
"We are conscious of the fact that so far as Unitech is
concerned, we have found nothing to show any money trail
against them. There is no quid pro quo as far as money
exchanging hands is concerned in relation to Unitech," Lalit
said.
The prosecutor said Swan Telecom and Unitech, alleged
beneficiaries, got the licences despite being ineligible and
later off-loaded their shares and earned huge profit of around
Rs 7,300 crore.
Discussing roles of Reliance Telecom Ltd (RTL) and three
Reliance ADAG officials, the prosecutor said "so far as the
three officials are concerned, there object was to set up an
ineligible company (Swan Telecom).
CBI has alleged that the RDAG officials "structured" Swan
Telecom as a front firm to circumvent the then dual technology
policy of the Department of Telecom (DoT) which barred an
existing CDMA player from venturing into GSM sector. However,
the policy was later changed.
The control of Swan Telecom was later transferred to DB
Group promoted by co-accused Shahid Usman Balwa, CBI said.
The agency, in its charge sheet, has not alleged any
"quid pro quo" against RTL and that the benefits it (RTL) got
from the alleged scam.
The prosecutor opposed the plea of Unitech Wireless
(Tamil Nadu) Private Ltd that it cannot be prosecuted for the
alleged offences of erstwhile eight group companies, which got
the licenses. Eight companies were later amalgamated into one.
"Merely because eight companies have merged into a ninth
entity, makes no distinction. The person in charge of these
eight entities are the in charge of the ninth entity so
formed. Theoretically, it makes no difference," Lalit argued.