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Raja, Kani, 15 others face up to life term
The Special CBI court hearing the 2G spectrum scam case on Saturday framed charges against former Telecom Minister A Raja, DMK MP Kanimozhi and all other 15 accused — including top corporate honchos — for criminal breach of public trust, which may lead to a punishment of life term to them. They were also charged with criminal conspiracy and forgery of documents under the IPC, besides provisions of the Prevention of Corruption Act. Three telecom companies figure in the list of 17 accused.
Having pronounced the much-awaited order on framing of charges in a jam-packed courtroom on Saturday morning, Special CBI Judge OP Saini later fixed November 11 for commencement of the trial after all the accused refused to plead guilty to the various offences.
The CBI, subsequently, filed the list of first 28 prosecution witnesses for examination. The trial will start on November 11 with the examination of the over 100 witnesses, including controversial lobbyist Nira Radia, Attorney General GE Vahanvati and TRAI Chairman JS Sarma.
“You all committed an offence punishable under Sections 120-B (criminal conspiracy) read with 409 (criminal breach of trust), 420 (cheating) 468 and 471 (forgery) of the Indian Penal Code and Section 7 or in alternative Section 11 read with Section 12 and 13(2) read with 13 (1b) of the Prevention of Corruption Act and within my cognisance,” the judge said in his over 500-page order, rejecting all the arguments of the accused.
The framing of charges paves way for the accused to seek bail. The Supreme Court had embargoed bail till charges were framed. However, the slapping of Section 409 of the IPC for criminal breach of public trust, leading to life imprisonment, will pose difficulty for the accused to get bail. Except Raja, several accused, including Kanimozhi, have applied for bail and the court is expected to hear the petitions from Monday.
The court, in its order, found that Raja, along with other accused entered into a criminal conspiracy in allotting valuable scarce natural resource spectrum and telecom licence illegally. Naming all the accused, Judge Saini pointed to “payment/receipt of illegal gratification or valuable thing for a consideration known to be inadequate and criminal misconduct” in allotting spectrum/telecom licence.
With regard to Raja, the prime accused, the court said he had ignored Prime Minister’s direction (through letter dated November 2, 2007), objections of Law and Finance Ministries and telecom officials to execute his plan in allotting spectrum to friendly companies.
“A Raja, deliberately and dishonestly did not consider auction or revision of entry fee, and gave away licences/spectrum at same fee which was discovered in 2001, in criminal conspiracy with Sanjay Chandra, Shahid Balwa and Vinod Goenka….Obtained wrongful pecuniary advantage to the extent of Rs 7,105 crore,” the judge said in his order.
Citing Raja’s illegal methods to provide telecom licence to Shahid Balwa and Vinod Goenka’s Swan Telecom and Sanjay Chandra’s Unitech Wireless, the court observed that all the three businessmen were known to Raja before he become Telecom Minister. The order said that these three persons were engaged in real estate business and have close association with Raja when he was Minister for Forest and Environment. Raja was found showing favouritism to these persons by sidelining the applications of Tata Teleservices, Spice Telecom and other companies.
All the charges slapped on Raja were also framed on former Telecom Secretary Sidharath Behura and Raja’s former private secretary RK Chandolia.
The special court has announced the schedule of examining three-four witnesses per day in November. CBI is expected file a supplementary chargesheet against Essar and Loop telecom in the coming week.
Rejecting DMK-run Kalaignar TV’s argument that they received Rs 200 crore from Balwa-related companies as loan, the court slapped Section 193 of IPC (providing false evidence in a judicial proceeding) on the channel’s managing director Sharad Kumar and bribe givers Balwa, Goenka, Asif Balwa, Rajeev Agarwal and film producer Karim Morani. The court said Kanimozhi along with others abetted the receipt of illegal gratification and also pointed to her regular contact with Raja.
The three companies in the accused list are Swan Telecom, now known as Etisalat DB Telecom, Unitech Wireless and Reliance Telecom.
Pointing out the hidden relation between Swan Telecom and Reliance Group, the judge said: “You Gautam Doshi, Hari Nair, Surendra Pipara and Reliance Telecom Limited, in pursuance of the conspiracy, passed on an ineligible company to Shahid Balwa and Vinod Goenka knowing it that it was ineligible….and there by you abetted Balwa and Goenka to obtain licence and spectrum…” The top officials of the Reliance are charged with Sec 109 (abetment), 420 (cheating) along with other main charges of other accused.
Reacting to the framing of charges against its three top executives and the company, Reliance Telecom said they would approach the Delhi High Court for quashing of the charges. “Reliance Telecom and the three executives are very confident of mounting a successful defence in the trial proceedings, against the charges framed,” said the company in a press release on Saturday evening.
“The framing of charges has no impact on the licences, operations and business of Reliance Telecom or any other group company. Reliance Telecom and the three executives and/or any other person from Reliance Group have not received any of the licences issued in January 2008, nor derived any benefits from the same,” the company said, adding that that they will pursue the bail application of its three executives in Supreme Court, listed on October 31.
Swan Telecom Promoter Shahid Usman Balwa’s counsel Majid Memon hoped for early bail to his client. “As far as bail is concerned, in my view the order passed on Saturday is an important milestone in view of what the apex court had said some months earlier while deciding the bail pleas of Kanimozhi and Sharad Kumar that they can renew their bail pleas after framing of charges,” Memon told the media outside the court. Former Telecom Minister A Raja’s private secretary RK Chandolia also expressed the same view. “The court should grant bail to all the accused,” Chandolia’s counsel Vijay Aggarwal said. The bail pleas of all accused will come up for hearing on October 24. Aggarwal also represents another Swan Telecom promoter Vinod Goenka and directors of Kusegaon Fruits and Vegetables --- Asif Balwa and Rajiv Agarwal.
The Special CBI court hearing the 2G spectrum scam case on Saturday framed charges against former Telecom Minister A Raja, DMK MP Kanimozhi and all other 15 accused — including top corporate honchos — for criminal breach of public trust, which may lead to a punishment of life term to them. They were also charged with criminal conspiracy and forgery of documents under the IPC, besides provisions of the Prevention of Corruption Act. Three telecom companies figure in the list of 17 accused.
Having pronounced the much-awaited order on framing of charges in a jam-packed courtroom on Saturday morning, Special CBI Judge OP Saini later fixed November 11 for commencement of the trial after all the accused refused to plead guilty to the various offences.
The CBI, subsequently, filed the list of first 28 prosecution witnesses for examination. The trial will start on November 11 with the examination of the over 100 witnesses, including controversial lobbyist Nira Radia, Attorney General GE Vahanvati and TRAI Chairman JS Sarma.
“You all committed an offence punishable under Sections 120-B (criminal conspiracy) read with 409 (criminal breach of trust), 420 (cheating) 468 and 471 (forgery) of the Indian Penal Code and Section 7 or in alternative Section 11 read with Section 12 and 13(2) read with 13 (1b) of the Prevention of Corruption Act and within my cognisance,” the judge said in his over 500-page order, rejecting all the arguments of the accused.
The framing of charges paves way for the accused to seek bail. The Supreme Court had embargoed bail till charges were framed. However, the slapping of Section 409 of the IPC for criminal breach of public trust, leading to life imprisonment, will pose difficulty for the accused to get bail. Except Raja, several accused, including Kanimozhi, have applied for bail and the court is expected to hear the petitions from Monday.
The court, in its order, found that Raja, along with other accused entered into a criminal conspiracy in allotting valuable scarce natural resource spectrum and telecom licence illegally. Naming all the accused, Judge Saini pointed to “payment/receipt of illegal gratification or valuable thing for a consideration known to be inadequate and criminal misconduct” in allotting spectrum/telecom licence.
With regard to Raja, the prime accused, the court said he had ignored Prime Minister’s direction (through letter dated November 2, 2007), objections of Law and Finance Ministries and telecom officials to execute his plan in allotting spectrum to friendly companies.
“A Raja, deliberately and dishonestly did not consider auction or revision of entry fee, and gave away licences/spectrum at same fee which was discovered in 2001, in criminal conspiracy with Sanjay Chandra, Shahid Balwa and Vinod Goenka….Obtained wrongful pecuniary advantage to the extent of Rs 7,105 crore,” the judge said in his order.
Citing Raja’s illegal methods to provide telecom licence to Shahid Balwa and Vinod Goenka’s Swan Telecom and Sanjay Chandra’s Unitech Wireless, the court observed that all the three businessmen were known to Raja before he become Telecom Minister. The order said that these three persons were engaged in real estate business and have close association with Raja when he was Minister for Forest and Environment. Raja was found showing favouritism to these persons by sidelining the applications of Tata Teleservices, Spice Telecom and other companies.
All the charges slapped on Raja were also framed on former Telecom Secretary Sidharath Behura and Raja’s former private secretary RK Chandolia.
The special court has announced the schedule of examining three-four witnesses per day in November. CBI is expected file a supplementary chargesheet against Essar and Loop telecom in the coming week.
Rejecting DMK-run Kalaignar TV’s argument that they received Rs 200 crore from Balwa-related companies as loan, the court slapped Section 193 of IPC (providing false evidence in a judicial proceeding) on the channel’s managing director Sharad Kumar and bribe givers Balwa, Goenka, Asif Balwa, Rajeev Agarwal and film producer Karim Morani. The court said Kanimozhi along with others abetted the receipt of illegal gratification and also pointed to her regular contact with Raja.
The three companies in the accused list are Swan Telecom, now known as Etisalat DB Telecom, Unitech Wireless and Reliance Telecom.
Pointing out the hidden relation between Swan Telecom and Reliance Group, the judge said: “You Gautam Doshi, Hari Nair, Surendra Pipara and Reliance Telecom Limited, in pursuance of the conspiracy, passed on an ineligible company to Shahid Balwa and Vinod Goenka knowing it that it was ineligible….and there by you abetted Balwa and Goenka to obtain licence and spectrum…” The top officials of the Reliance are charged with Sec 109 (abetment), 420 (cheating) along with other main charges of other accused.
Reacting to the framing of charges against its three top executives and the company, Reliance Telecom said they would approach the Delhi High Court for quashing of the charges. “Reliance Telecom and the three executives are very confident of mounting a successful defence in the trial proceedings, against the charges framed,” said the company in a press release on Saturday evening.
“The framing of charges has no impact on the licences, operations and business of Reliance Telecom or any other group company. Reliance Telecom and the three executives and/or any other person from Reliance Group have not received any of the licences issued in January 2008, nor derived any benefits from the same,” the company said, adding that that they will pursue the bail application of its three executives in Supreme Court, listed on October 31.
Swan Telecom Promoter Shahid Usman Balwa’s counsel Majid Memon hoped for early bail to his client. “As far as bail is concerned, in my view the order passed on Saturday is an important milestone in view of what the apex court had said some months earlier while deciding the bail pleas of Kanimozhi and Sharad Kumar that they can renew their bail pleas after framing of charges,” Memon told the media outside the court. Former Telecom Minister A Raja’s private secretary RK Chandolia also expressed the same view. “The court should grant bail to all the accused,” Chandolia’s counsel Vijay Aggarwal said. The bail pleas of all accused will come up for hearing on October 24. Aggarwal also represents another Swan Telecom promoter Vinod Goenka and directors of Kusegaon Fruits and Vegetables --- Asif Balwa and Rajiv Agarwal.
