NEW DELHI: Former telecom secretary Dr J S Sarma, now the chairman of TRAI (Telecom Regulatory Authority of India), is in 2G trouble. When he was additional secretary in the Department of Telecom (DoT), he had helped his then-boss, Dayanidhi Maran, to scuttle Aircel’s applications for additional telecom licences in 2005, alleges the CBI in an FIR.
In FIR no. RC-DAI-2011-A-022, dated October 9, 2011, registered against the Maran brothers, Dayanidhi and Kalanithi, and others, for their alleged involvement in the Aircel-Maxis deal, the CBI also highlights Sarma’s role. It specifically points to two instances, first when he was the additional secretary, and then the secretary of the Telecom Department. In the first instance, the FIR alleges that on Dayanidhi’s instructions, Sarma overruled his own boss, the then-telecom secretary Nripendra Misra. Giving the sequence of events, the agency alleges: “The DoT officials, from the dealing officer to Nripendra Misra, the Secretary (T), unanimously recommended for issuance of LOI (Letter of Interest) for award of USAL (Universal Services Access Licenses) for telecom circle UP (E) and UP (W) and extension of LOI for MP circles to the Dishnet/ Aircel. However, Dayanidhi on 26/08/04 after retaining the file with him for 44 days, sought clarifications through his PS (Private Secretary), K Sanjay Murthy on frivolous and uncalled for objections. No such queries were raised in the case of M/s Reliance Communications and M/s Bharti Airtel, which were issued UAS Licences at the same time.”
It further alleges: “While information was being gathered by DoT for giving reply to the queries conveyed on 26/08/04, Maran conveyed additional directions on 15/09/04 through his PS for examination by Dr J S Sarma, Additional Secretary (T) on a inter-related issues in respect of Dishnet/Aircel. (Nirpendra) Misra, while marking the file to Sarma, mentioned that he had already recommended to accord approval for issuance of licenses to the said company. However Sarma, as desired by Dayanidhi, submitted his note, dated 30/11/2004, with a recommendation that before granting licences to Dishnet/Aircel, the DoT may wait for the decision of Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on the issues of vigilance cases and penalties imposed by DoT on the said company. This view blocked the process of issuance of licences as the same was linked with unending litigations.”
In the second instance, Sarma facilitated granting additional licences and spectrum to Dishnet/Aircel after it was purchased by the Maxis Group. At this point of time, he had become telecom secretary.
The FIR alleges: “The files relating to Dishnet/Aircel on the issues of grant of licenses and taking on record the change of name from M/s Dishnet DSL Ltd to M/s Dishnet Wireless Ltd were submitted to the telecom minister through his PS on 24/12/2004. These files were returned to Mishra on 03/03/2005 with the direction of the minister, that it should be re-examined to see if there had been undue haste in processing the case of the company in respect of granting LOI issued during the his predecessor’s tenure. Misra discussed the matter with Maran on 30/03/2005. During the meeting, Maran verbally directed him that showcause notices should be issued to the company, and they should be linked with the issuance of licences. As a result, it again halted the process for grant of licences and allotment of spectrum to Dishnet/Aircel.”
“Thereafter, on 19/01/2006, as per the direction of Dr J S Sarma, the then Secretary (T), a note was put up by P K Mittal, Deputy Director General (DDG), Basic Service (BS), that the processing of applications for grant of new licenses should be de-linked from the showcause notices, etc. The then Telecom Minister (Dayanidhi) reversing his earlier direction dated 30/03/2005, approved the note on 16/05/2006. Significantly the delinking of showcause notices was approved, subsequent to change in ownership of Aircel from C Sivasankaran to Maxis Communication,” the FIR alleges.
Sarma held key posts in the DoT between 2003 and 2006, when the entire Aircel-Maxis controversy took place. He remained posted in the DoT, first as additional secretary from November, 2003 to November, 2004, and later as secretary, from June 2005 to July 2006. On May 14, 2009, he joined TRAI as its Chairman and continues in the post. Dayanidhi’s tenure in the Telecom Ministry remained from May 26, 2004 to May 13, 2007.