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The Delhi High Court on Monday issued notice to the CBI on a petition filed by Reliance Telecom Ltd (RTL) seeking quashing of charges framed against it in the 2G scam.
Justice Mukta Gupta directed the CBI to file its response within four weeks whereas the RTL has been asked to file its rejoinder within three weeks thereafter. Justice Gupta, however, refused to issue notices to the other respondents - the Ministry of Law and Justice, Department of Telecommunication (DoT)
and TRAI. “The CBI is the concerned agency (prosecuting agency). So they may be issued notice to submit their response to the petition,” Justice Gupta said. The court said decision regarding inclusion of other respondents will be taken on the next date of hearing - January 12, 2012.
Arguing on behalf of RTL, senior counsel NK Kaul said that the RTL had fully exited Swan Telecom before 2G licences were issued and so no criminal case was made out against it. “It (RTL) never held stakes in excess of 9.9 per cent in Swan Telecom and that too was divested prior to grant of licenses in 2008,” the counsel said. Further, no incriminating material has been indicated in the chargesheet or by the prosecution in its submission on the charges, Kaul argued.
According to the petitioner, the charges framedagainst the petitioner (RTL) had no basis in law. “The charges framed against the accused indicate that there are charges for multiple conspiracies and it is unclear as to how and when the multiple conspiracies took place and also as to how they form a cohesive single conspiracy,” the counsel submitted. “The petitioner has always held less than 10 per cent share holding in Swan and has also been compliant with legal requirements, including the Unified Access Services Licenses guidelines,” said Kaul.
The petition was filed on October 24, two days after a lower court found prima facie evidence to put RTL on trial under sections 109 (abetment), 120B (criminal conspiracy) and 409 (criminal breach of trust) of the IPC, saying co-accused Shahid Usman Balwa-led Swan Telecom was “just a mask” for RTL.
Justice Mukta Gupta directed the CBI to file its response within four weeks whereas the RTL has been asked to file its rejoinder within three weeks thereafter. Justice Gupta, however, refused to issue notices to the other respondents - the Ministry of Law and Justice, Department of Telecommunication (DoT)
and TRAI. “The CBI is the concerned agency (prosecuting agency). So they may be issued notice to submit their response to the petition,” Justice Gupta said. The court said decision regarding inclusion of other respondents will be taken on the next date of hearing - January 12, 2012.
Arguing on behalf of RTL, senior counsel NK Kaul said that the RTL had fully exited Swan Telecom before 2G licences were issued and so no criminal case was made out against it. “It (RTL) never held stakes in excess of 9.9 per cent in Swan Telecom and that too was divested prior to grant of licenses in 2008,” the counsel said. Further, no incriminating material has been indicated in the chargesheet or by the prosecution in its submission on the charges, Kaul argued.
According to the petitioner, the charges framedagainst the petitioner (RTL) had no basis in law. “The charges framed against the accused indicate that there are charges for multiple conspiracies and it is unclear as to how and when the multiple conspiracies took place and also as to how they form a cohesive single conspiracy,” the counsel submitted. “The petitioner has always held less than 10 per cent share holding in Swan and has also been compliant with legal requirements, including the Unified Access Services Licenses guidelines,” said Kaul.
The petition was filed on October 24, two days after a lower court found prima facie evidence to put RTL on trial under sections 109 (abetment), 120B (criminal conspiracy) and 409 (criminal breach of trust) of the IPC, saying co-accused Shahid Usman Balwa-led Swan Telecom was “just a mask” for RTL.
