The former telecom secretary Siddharth Behura was denied bail by the Delhi High Court in the 2G spectrum allocation scam. He was arrested along with the former telecom minister A Raja on February 2 of this year. Siddharth Behura and A Raja are the only two people who are still in jail as all the other 12 accused have been granted bail by the various courts.
The trial in the 2g scam will be starting from 11 Nov. 2011 under the supervision of the supreme court of India. And the witnesses will be examined out of the 28 witnesses to be questioned by the November 30, 11 will be from Reliance Anil Dhirubhai Ambani Group (ADAG) group and the first witness will be Reliance Group President AN Sethuraman as he applied for Gsm licenses on the name of swan Telecom Ltd. ADAG-led RTL has been put on trial by the court which said Swan Telecom Pvt. Ltd was “just a mask” for RTL, which was the violation of clause 8 of the telecom policy.
A special bench division of the Supreme Court on Monday rejected the bail plea of the DMK MP Kanimozhi and Kalaignar TV MD Sajjan Kumar in the 2G spectrum scam case. Though the Supreme Court provided that she can move to the trial court afresh for filing charges for the bail again and the rejection of her bail plea by the Supreme Court will not affect the decision of the trial court. The Apex court also provided that section 437 of the Criminal Procedure Court provides for grant of bail for women in cognizable offenses.It was alleged that Kanimozhi and Sharad Kumar received a bribe of Rs 200 crore from Cineyug Films through Shahid Balwa’s DB Realty.
Recently Delhi high court rejected the bail plea of 17 persons including former telecom minister A. Raja and Kanimozhi as they have been charged on grounds of criminal conspiracy, breach of trust, cheating and forgery. Earlier the telecom ministry issued licenses to the telecom operators on first come first serve basis instead of regular biding process.
A bench comprising Justice G. S. Singhvi and Justice H. L. Dattu on Thursday,13th October faulted Govt. for the 2 G Scam. They were hearing the bail pleas of two corporate executives of Unitech Wireless Pvt. Ltd and Swan Telecom nam, Sanjay Chandra and Vinod Goenka , the accused in 2G Scam case and said that the Government could have avoided the scam if they had acted according to the letter by Prime minister dated November 2, 2007 directing the allocation to be done through auction. It is clear from the correspondence between the prime minister and the then telecoms minister Raja, that decision of the telecoms department to decline the auction mode had been informed earlier itself. It could have been possible to take a decision even after Raja had issued the Letters of Intent (LoI) on January 10 as the allocation had been completed much later. The Additional Solicitor General Raja who was opposing the bail pleas said that charges against the accused would have stayed the same even though interference would have prevented the further execution.
The plea of former Telecom minister A.R.Raja, an accused in the 2G scam to appear before the court to support his counsel during the hearing on October 10, 2011 was rejected by a special CBI O P Saini on Friday. The plea was rejected as the Supreme Court has not handed out any requisition concerning Raja’s production before it and without such direction it is not possible for the accused as a person in judicial custody to be allowed to be present in that court.
The CBI on Monday had sent a Letter Rogatory to Switzerland for investigating the background of Mavi Investment Fund out of which a payment of four million dollars is allegedly made to Reliance. This measure is adopted as part of probing the real beneficiaries behind grant of 2G license to Swan Telecom. An approval had been previously obtained from Home Ministry to file Letter Rogatory and on September 14, a Letter Rogatory was issued by a special court which was afterwards translated into French language. Under Mutual Legal Assistance treaty with Switzerland, the translation is a prerequisite. In an affidavit to Supreme Court the CBI assured that besides sending its own team to Switzerland to get early response, the agency will pursue the matter with the assistance of Liaison Officer in Swiss Embassy. A letter of Rogatory is a letter of request by a court to a foreign court requesting its judicial assistance like taking of evidence, service of process etc.
The CBI‘s fresh plea of invoking an additional charge of criminal breach of trust on DMK MP Kanimozhi and Kalaignar TV MD Sharad Pawar was opposed by both of them and a dismissal of the plea was sought on the ground that they were neither part of conspiracy relating to allocation of spectrum and were nor the alleged beneficiaries of 2G spectrum licenses. The reply was filed in conformity with its October 7 deadline.