With the 2G spectrum scam trial nearing completion, the Supreme Court on Tuesday sought the response of CBI on separate petitions filed by accused in the case, including DMK MP Kanimozhi and other corporate honchos, who have sought quashing of the charges against them.
The accused, 22 in all, argued that their petitions challenging framing of charges by the trial court was moved in time before the Delhi High Court. But with the Supreme Court staying these proceedings, their matters remained unheard for over three years. Senior advocate Mukul Rohatgi who argued for one of the accused said that they could not be held liable for the three-year delay in view of the completion of recording of 152 witnesses by the trial court on account of the stay order passed by apex court.
Senior advocate KK Venugopal, who appeared for CBI, argued that the petitions need not be challenged as over 153 witnesses had completed. He even pointed out that despite the stay order by Supreme Court, the accused still preferred to approach the Delhi High Court. A bench of justices Hl Dattu and KS Radhakrishnan agreed to examine the matter as it felt the accused had not been hears on this issue.
It sought responses from the NGO Centre for Public Interest litigation (CPIl), on whose PIl apex court directed 122 2G spectrum licences to be cancelled on account of irregularities in allotment, besides the Centre and Telecom Regulatory Authority of India (TRAI). The replies have to be filed within four weeks.
Following the charge sheet filed in December 2012, senior advocate Ram Jethmalani said they got no hearing on their petitions challenging the framing of charges as all petitions stood transferred to the apex court. Even the CBI had not taken a stand on this issue, leaving the matter open for Courts to consider.
The accused facing trial in the 2G case include former Telecom Minister A Raja, DMK MP Kanimozhi, former Telecom Secretary Siddharth Behura, Raja’s erstwhile private secretary R K Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech ltd MD Sanjay Chandra, three top executives of Reliance Anil Dhirubhai Ambani Group (RADAG) — Gautam Doshi, Surendra Pipara and Hari Nair, Directors of Kusegaon Fruits and Vegetables Pvt ltd Asif Balwa and Rajiv Agarwal, Kalaignar TV Director Sharad Kumar and Bollywood producer Karim Morani.
Besides, telecom firms Swan Telecom Pvt ltd(STPl), Reliance Telecom ltd and Unitech Wireless (Tamil Nadu) ltd are also facing trial in the case. Among those who filed appeals included Sahid Balwa,Rajiv Agarwal, Asif Yusuf Balwa, Kanimozhi, Reliance Telecom ltd, Surendra Pipara, Gautam Doshi and Hari Nair.