2G case: Court finds evidence to frame charges against all 17 accused

New Delhi, October 22, 2011 (Tehelkanews)

A Delhi court today found prima facie evidence against all the 17 accused including former Telecom Minister A. Raja and DMK MP Kanimozhi and corporate honchos to frame charges against them in the 2G Spectrum allocation scam case for varying roles.The court found prima facie evidence to frame charges against Raja's former Private Secretary R.K. Chandolia and former Telecom Secretary Siddhartha Behura. In addition, it said there was evidence for framing of charges against Raja, Behura and Chandolia under section 409 of the IPC for the offence of breach of trust against them which attracts maximum punishment of life term.

With an important milestone crossed in the case, the accused can now move for bail as observed by the Supreme Court during the hearing of bail petition by Ms. Kanimozhi earlier.Special CBI Judge O.P. Saini said evidence is there for framing of charges against telecom firms Reliance Telecom Ltd, Swan Telecom and Unitech (Tamil Nadu) Wireless Ltd.

The judge also said CBI has also brought evidence to frame charges against corporate executives of Reliance Anil Dhirubhai Ambani group's Managing Director Gautam Doshi, Surendra Pipara, Group's President and Hari Nair, senior Vice President.Others against whom charges will be framed are Swan Telecom promoter Shahid Usman Balwa, his cousin Asif Balwa, their colleague Rajeev Agarwal, Unitech Ltd's MD Sanjay Chandra and DB Realty MD Vinod Goenka.The judge said there was prima facie evidence for framing charges also against Kalaignar TV's MD Sharad Kumar and Bollywood filmmaker Karim Morani.The court wanted to frame the charges today itself but all the accused said they need time to go through the over 700-page order on charges to be framed later.

The court found prima facie evidence to frame various penal charges including cheating, forgery, abetment and criminal conspiracy against the accused.It also found prima facie evidence of abuse of official position by Mr. Raja, Mr. Chandolia and Mr. Behura.The court had reserved its order on October 14 after hearing day-to-day arguments on behalf of accused and the CBI for nearly two months.The trial of the accused would begin after the court pronounces its order on framing of charges in the case.

The CBI, in its first charge sheet filed on April 2, had charged Raja and others with causing a huge loss of Rs. 30,984 crore to the exchequer by allocating spectrum to ineligible operators as per a criminal conspiracy among themselves.

Special CBI Prosecutor U.U. Lalit had argued that there was "sufficient prima facie" evidence against all the accused to proceed with the trial as everyone of them was part of the conspiracy and the intent to commit offence "may be inferred from their knowledge".

On the other hand, all of the accused, including Mr. Raja had vehemently opposed the framing of charges and the plea of CBI that they caused a loss to the state in the grant of spectrum licenses.Mr. Raja, during the arguments, said the Prime Minister and then Finance Minister P. Chidambaram were kept in the know about the developments in the 2G spectrum allocation.

In its second charge sheet filed on April 25, the CBI had named Kanimozhi as an accused in the case for allegedly receiving Rs. 200 crore in DMK-run Kalaignar TV as illegal gratification from Shahid Balwa's D B Group through a circuitous route.The agency alleged Ms. Kanimozhi had entered into criminal conspiracy along with the prime accused Raja.Besides Ms. Kanimozhi, four others - Kalaignar TV Managing Director Sharad Kumar, Karim Morani, Director of Cineyug Media and Entertainment Pvt Ltd, Swan Telecom promoter Shahid Usman Balwa's cousin Asif Balwa and Rajeev Agarwal, who are Directors of Kusegaon Fruits and Vegetables Pvt Ltd - were named in the charge sheet.The second charge sheet detailed the routing of Rs. 200 crores illegal gratification from D B Group to Kalaignar TV Pvt Ltd through Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.


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