Charges were today framed against Mr Ravi Ruia and Mr Anshuman Ruia, promoters of Essar Group, and Mr Kiran Khaitan and Mr I. P. Khaitan, promoters of Loop Telecom, by a special court hearing the 2G spectrum scam case.
The Special Judge, Mr O. P. Saini, also granted bail to the Ruias, Khaitans, and fifth accused, Mr Vikash Saraf. All the eight accused in the case including three telecom firms — Loop Telecom, Loop Mobile India, and Essar Teleholdings — pleaded not guilty and claimed trial.
All five accused persons and three companies have been charged with criminal conspiracy (Section 120B IPC) to cheat (Section 420 IPC) the Department of Telecommunications (DoT) which believed the Loop Telecom claim that it met the eligibility conditions under Clause 8 of the UAS licence guidelines and, therefore, issued it Letters of Intent, UAS licences and spectrum.
Mr Vikash Saraf has been additionally charged with cheating (Section 420 IPC) in getting “false representations made to DoT officials” through his subordinates/employees certifying that the company was in compliance with Clause 8.
Clause 8 of the UASL guidelines prevents existing UAS licence holding promoter companies from owning over 10 per cent equity holding in another licencee company in the same service area.
“That during the period July 23, 2007, to March 9, 2009, you all entered into an agreement at New Delhi, Mumbai and other unknown places, to do an illegal act or an act which was not illegal, namely, to cheat the DoT, into issuing 21 Letters of Intent, UAS licences for as many telecom circles and also valuable spectrum and in pursuance to the conspiracy, you concealed, behind a complex corporate veil, the actual stakeholders of Loop Telecom Ltd,” the Judge said.