A Special Court will pronounce its order on September 15 regarding framing of charges against the 17 accused in the 2G spectrum case.
This followed the CBI special prosecutor Mr U U Lalit completing his arguments against the 17 accused – including former Telecom Minister Mr A Raja and DMK MP Ms Kanimozhi. Mr Lalit claimed that the CBI has sufficient prima facie evidence to frame charges against the accused.
All the accused had denied the charges against them and sought discharge from the case.
The CBI had alleged that the 2G spectrum allocation in 2008 during Mr Raja’s tenure as Telecom Minister and the wrongful acts of the accused deprived the exchequer of possible revenues amounting to Rs 30,984.55 crore.
Mr Lalit claimed that the accused companies, Swan Telecom and Unitech (Tamil Nadu) Wireless Pvt Ltd, were granted licences even though they were not eligible for it. The CBI had alleged that on obtaining the licences, the promoters of the companies sold their equity stake and made windfall gains of around Rs 7,300 crore.
Mr Lalit, however, said the CBI did not have any evidence to show either money trail or quid pro quo on the part of Unitech (Tamil Nadu) Wireless regarding money changing hands.
On Swan Telecom, the CBI had alleged that a DB Group company had paid Rs 200 crore-bribe to Kalaignar TV through a circuitous route in return for ensuring that Swan was among those who got the 2G spectrum.
The accused face charges including that of criminal conspiracy, cheating, forgery and abetment, abuse of official position, criminal misconduct (by a public servant), giving and taking of bribe.
Earlier, Ms Kanimozhi and Mr Raja had said that the Prime Minister Dr Manmohan Singh could be made a witness in the case to prove that there was no loss due to the spectrum allocation. They said if it is proved that there was no loss, the other charges including that of conspiracy and cheating also will go.
Ms Kanimozhi had said that though is a Rajya Sabha MP, the CBI's charge-sheet refers to her as a private person. The CBI did not get the Rajya Sabha Chairperson's permission to prosecute the sitting MP, she said, adding that the charges against her can be quashed on that ground.
But Mr Lalit said she is charged with being a conspirator and not for any act committed as a public servant (MP) and therefore the Rajya Sabha Chairperson's permission was not needed.
Mr Lalit also said he would enquire with the CBI officers and inform the court on whether the agency has a report by the telecom regulator TRAI regarding the losses due to the 2G spectrum allocation.