2G case: Unitech's Chandra says no evidence against him

Unitech Wireless' managing director Sanjay Chandra today told the Supreme Court that the CBI has failed to make out a prima-facie case against him in the 2G scam as it did not have documentary evidence to support the offences mentioned in the charge sheet.

"In this case, there is no prima-facie case at all," his counsel and senior advocate Ram Jethmalani submitted before a bench comprising justices GS Singhvi and HL Dattu.

"There is no document to suggest I have cheated. I have not used any document which is forged. I have not committed any offence under section 420 (cheating) of Indian Penal Code. Throughout the charge sheet ingredients of these sections are not mentioned," he said while submitting that Chandra has been in illegal custody.

Jethmalani said that the businessman was wrongly taken into custody and had to go through the ordeal of approaching the courts for bail which was rejected.

"Even if a prima facie case exists, bail is the rule and denial of it is an exception and exception is based on the record of misuse of liberty granted by courts," the senior advocate said.

He argued that Chandra had no criminal past and had all along cooperated with the CBI during the investigation in the case.

He said by arresting the businessman, not only his liberty has been violated but when a person is arrested, he is virtually "assassinated in the eyes of the society."

Jethmalani said when there were 17 accused in the case, how could Chandra be charged with the offence of conspiracy.

The court was hearing bail pleas of Chandra and Swan Telecom's Director Vinod Goenka. They have alleged that the CBI was acting in a discriminatory and arbitrary manner in the 2G spectrum case.

Jethmalani had yesterday submitted that the TRAI report has said that there was no loss in the allocation of 2G spectrum and the court should grant bail to Chandra as it was denied by the trial court as well as the Delhi High Court on
the ground that there was a loss of Rs 30,000 crore to the public exchequer.

He also questioned the high court order in which it was said that there was chance of the accused absconding after bail.

Jethmalani said how could such an inference be drawn when the businessman has thoroughly cooperated with the CBI during the probe and submitted himself to the trial court after filing of the charge sheet.

The court had issued notice to the CBI on August 9.

Goenka, also the MD of DB Realty, has sought that he be treated like DMK supremo M Karunanidhi's wife Dayalu Ammal and Chandra's brother Ajay Chandra who have been only named as witnesses.

Chandra has contended in his petition all the decisions regarding the cut-off date and first-come-first-served policy for spectrum allocation was taken by Raja and DoT officials and he could not be charged with the offence of conspiracy.

Both the accused have challenged the high court order rejecting their bail pleas saying the investigation against them was complete and that since they have been cooperating with the agency, they should be granted bail.

The CBI, in its first charge sheet in 2G scam case filed on April 2, had accused Goenka and Chandra of cheating, forgery and criminal conspiracy along with Raja.

The High Court on May 23 had rejected the bail pleas of five corporate executives, including Chandra, Goenka and Group MD of Reliance ADAG Gautam Doshi, senior vice-president Hari Nair and group president Surendra Pipara.

All of them have denied their involvement in the scam. The CBI has alleged in its charge sheet that Swan Telecom and Unitech got the licences despite their ineligibility and both the companies off-loaded their shares soon after getting the
licences and garnered around Rs 7,300 crore in the process.

All the companies and its executives named in the charge sheet have denied the allegation of involvement in the scam.

A special CBI court has reserved its verdict on the framing of charges against all the accused in 2G scam and said it would pass the order on September 15.

Besides Chandra and Goenka, other accused in the case include Raja, DMK MP Kanimozhi, former Telecom Secretary Siddhartha Behura, Raja's former Personal Secretary RK Chandolia, DMK-run Kalaignar TV's MD Sharad Kumar, Bollywood filmmaker Karim Morani and Reliance Anil Dhirubhai Ambani group's executives--Nair, Doshi and Pipara.

The other accused persons included Swan Telecom promoter Shahid Balwa, his cousin Asif Balwa and their colleague Rajeev Agarwal.

The three telecom firms Reliance Telecom Ltd, Swan Telecom and Unitech (Tamil Nadu) Wireless Ltd have also been named as accused.