Managing Director of Unitech Wireless Sanjay Chandra, one of the accused in the spectrum case, said in the Supreme Court on Monday that there was no case against him and that the Central Bureau of Investigation was misleading the court with false charges.
Making his submissions before a Bench of Justices G.S. Singhvi and H.L. Dattu, senior counsel Ram Jethmalani, appearing for Mr. Chandra, seeking bail in the case, said: “We have nothing to do with the activities of Swan or Reliance but we all have been put into one conspiracy.”
Mr. Jethmalani said: “Each beneficiary in the present case was a competitor of the other and not an accomplice, as made out by the CBI.” He said Unitech was eligible to apply for UAS licence and that, despite evidence produced to this effect, the Delhi High Court had not answered this point while rejecting his bail.
Mr. Jethmalani pointed out that even after arguments on charges had been completed, the CBI had not given a copy of the draft charges. It was a legal impossibility that all the competitors conspired together to derive an advantage. “Unitech had not sold equities as made out by the CBI,” he said.
‘No offence'
He said pursuant to the government's policy to encourage private investment in the telecom sector the foreign direct investment was increased to 74 per cent and Unitech invited foreign investment. “If my share price goes up because of this investment and I make profit, is it an offence? There was no mention in the charge sheet as to who cheated whom and which is the document that is purportedly forged,” he said.
Questioning the credibility of the CBI, Mr. Jethmalani said: “It [the CBI] is not an investigating agency that has integrity. It lacks credibility as it is under the control of somebody. It tried to manufacture some evidence against Unitech without any prima facie case and I [the petitioner] am in jail for the last four-and-a-half months. It is a multiple conspiracy rattled into a single conspiracy. It is a case for bail.”
Arguments will continue on September 5.