The CBI was Monday directed by aDelhi court to place before it the documents relating to theresolution passed by three companies, including Airtel andVodafone, for seeking additional spectrum during the NDAregime.
The court told the CBI that these telecom firms must haveapproached the government first for seeking additionalspectrum and they must have also passed a resolution in thisregard.
"These companies must have approached the government (foradditional spectrum). Where is the resolution? Show me thosedocuments," Special CBI Judge O P Saini said.
The court, which was scheduled to consider on takingcognizance of the charge sheet filed against Airtel, Vodafoneand others for alleged irregularities in allocation ofadditional spectrum to them during the NDA regime, posted thematter for further arguments on February 19.
During the brief hearing, the court told the agency thatspectrum is a "costly resource" and the companies must havepassed a resolution before seeking additional spectrum fromthe Department of Telecom (DoT).
"These companies must have resolved that we wantadditional spectrum. You (CBI) are saying Cellular OperatorsAssociation of India (COAI) was pursuing their (the threecompanies) case with the DoT. You (CBI) show me thedocuments," it said.
The CBI had on December 21 last year filed a charge sheetin which former Telecom Secretary Shyamal Ghosh and threetelecom firms -- Bharti Cellular Ltd, Hutchison Max Pvt Ltd(now known as Vodafone India Ltd) and Sterling Cellular Ltd(now known as Vodafone Mobile Service Ltd) -- have been namedas an accused.
In the 57-page charge sheet, the CBI has booked all theaccused for the offences of criminal conspiracy (120-B) of theIPC and under provisions of the Prevention of Corruption Act.
During the hearing, the judge also told the agency that the case is about the pricing dispute over additional spectrumand they should file the documents relating to passing of anysuch resolution by these companies.
"You (CBI) show me the documents when these companies hadresolved to seek additional spectrum. These documents are notthere," the court said and posted the matter for February 19after the CBI sought one week time for it.
The CBI had on January 30 told the court that they hadfiled 143 sets of documents related to the case and theprosecutor needs some time to go through them.
The court had allowed the CBI's plea and had taken onrecord these documents.
The CBI, in its December 21, 2012 charge sheet has namedthe three telecom companies as accused in the case in whichthe DoT had allegedly allocated additional spectrum resultingin a loss of Rs 846 crore to the exchequer.
The court had earlier also deferred the order on theissue after the CBI had submitted they need over two weeks'time to file some more documents before it.
The CBI has not named Jagdish Rai Gupta, a former DeputyDirector General (VAS) cell of DoT and a former Director ofBSNL, who was named in the FIR, as accused in the case saying"no evidence attributing any criminality on his part or hisinvolvement in the alleged offence has surfaced during theinvestigation."
Regarding Ghosh, the CBI had said that in conspiracy withthe then Telecom Minister Pramod Mahajan and accused telecomfirms, he had abused his official position to show unduefavour to the companies causing a loss of Rs 846.44 crore tothe exchequer.
The CBI, in its charge sheet, had said that the decisionregarding allocation of additional spectrum to these telecomfirms was taken in "undue haste" in pursuance of theconspiracy hatched amongst Mahajan, Ghosh and these companies.