Arguments on the framing of charges in the 2G spectrum allocation case commenced on Thursday, with Special Public Prosecutor U.U. Lalit telling the special court that departure from the first-come-first-served policy was the “fulcrum of all the mischief” that followed.
“The first-come-first-served principle meant that whosoever applies first will get priority in spectrum allocation. This policy was sought to be disregarded, which according to the prosecution is the fulcrum of all the mischief that happened,” Mr. Lalit said.
The investigation that resulted in the first charge sheet looked at the change in respect of the cut-off dates, the violation of the first-come-first-served policy, the dual technology approvals and spectrum allocation, the eligibility of various companies that applied, and the cheating of the government exchequer through the non-revision of the entry fee for new operators.
Mr. Lalit said the former Telecom Minister, A. Raja, the former Telecom Secretary, Siddhartha Behura, and Mr. Raja's former private secretary, R.K. Chandolia, through their various acts, ensured that Swan Telecom and Unitech Wireless benefitted from deviations from the established policies.
Reliance Telecom, by floating Swan Telecom, had violated the law that stipulated that no group can have substantial equity holdings in two companies within the same circle.
Meanwhile, Reliance ADA Group managing director Gautam Doshi was denied permission by the court to travel to Chennai to attend the annual general meeting of Sterlite Industries (India) Limited, in which he is a director, given the seriousness of the allegations against him and his bail applications dismissed in the past.
The court further said the cause of his attending the meeting was not a matter that could be considered an emergency, and his absence from it while in custody could not be considered a wilful default under the Companies Act, 1956, as made out by his counsel.
