NEW DELHI: Nearly two years after Central Bureau of Investigation (CBI) began probing spectrum allocation during the NDA regime, the agency on Friday filed a chargesheet in a case of corruption against telecom firms Airtel and Vodafone and former telecom secretary Shyamal Ghosh.
The chargesheet claimed allocation of airwaves during late BJP leader Pramod Mahajan's term as communications minister caused a loss of Rs 846 crore to the exchequer.
CBI's estimate is 66% higher than the Rs 508 crore loss mentioned in the FIR and the agency's report to the Joint parliamentary Committee examining telecom issues, including the 2G scam.
Detailing the roles of the accused, CBI said Ghosh, a 1965 batch retired IAS officer, in conspiracy with Mahajan and telecom firms, abused his official position to show undue favours to the companies causing a loss of Rs 846.44 crore to the exchequer.
It said there was a corresponding undue gain to telecom companies, including incidental benefit to other telecom firms, by charging an additional 1% of AGR (adjusted gross revenues) instead of charging the required additional 2% AGR for allocation of additional spectrum from 6.2 Mhz to 10 Mhz.
Ghosh ignored financial adviser
The chargesheet, accessed by TOI, added, "Ghosh 'deliberately' and with 'malafide intention' did not obtain comments of then member ( finance) of DoT despite the issue involving huge financial implications. The wireless adviser, who was the custodian of the entire spectrum, was also intentionally bypassed on flimsy grounds that he was retiring on that very day ie on January 31, 2002."
In defence, Ghosh reportedly told the JPC that the issue of allocating spectrum was pending since 2000 and he could not, contrary to what CBI says, be accused of delaying the decision.
On the charge that the decision was rushed through in a single day, Ghosh reportedly said it was based on information developed over more than a year. Telecom regulator TRAI had said that it will consider additional licenses only if problems of existing operators were addressed.
Ghosh also argued that the extension of revenue sharing set at 2% for an additional 5Mhz would be 4% for an additional 10Mhz.
CBI named three telecom firms — Bharti Cellular Ltd, Hutchison Max Pvt Ltd (now known as Vodafone India Ltd) and Sterling Cellular Ltd (now known as Vodafone Mobile Service Ltd) — as accused. Ghosh and the companies are accused of criminal conspiracy and for violation of provisions of the Prevention of Corruption Act.
Although CBI named the companies in the chargesheet, it said it could not find anything against the promoters. The agency said no action was proposed against Mahajan as he is dead but accused him of conspiring with Ghosh to benefit the private players.
Jagdish Rai Gupta, who was then deputy director general in-charge of value added services, has been made an approver in the case.
The agency filed its chargesheet in the court of special CBI judge O P Saini in Patiala House courts, with the matter to be heard on January 14.
The 57-page document said the decision regarding allocation of additional spectrum to the telecom firms was taken in "undue haste" as part of a conspiracy. "Investigation has thus established that the aforesaid decision dated January 31, 2002 (regarding allocation of additional spectrum) was taken in undue haste pursuant to the criminal conspiracy hatched amongst the accused public servants, late Pramod Mahajan, Shyamal Ghosh and said accused telecom companies," it said.
On Gupta, who was made a witness after being initially named as an accused, CBI said "no evidence attributing any criminality on his part or his involvement in the alleged offence has surfaced during the investigation".
The agency added that even before the joint testing report, regarding congestion/service quality in the network area of the telecom operators, could be received by DoT, a decision was taken by Mahajan and Ghosh to allocate additional spectrum to these companies.
"Investigation revealed that in fact, the joint testing (in respect of congestion/service quality in the network area) was conducted during the period of January 17, 2002 to January 23, 2002 but the joint testing report was submitted on February 1, 2002, by which time the said decision had been taken by late Pramod Mahajan in connivance with Shyamal Ghosh and the said accused telecom companies," it said.
The agency further said additional spectrum was allotted to these firms on July 17, 2002 by DoT. "Investigation has further revealed that pursuant to the aforesaid criteria formulated on February 1, 2002, Department of Telecom (DoT), through WPC wing, coordinated spectrum for the three accused companies and the additional spectrum was allotted on July 17, 2002 to Bharti Cellular Ltd and Sterling Cellular Ltd for Delhi metro area and M/s Hutchison Max Telecom Ltd for Mumbai metro area," the charge sheet said.
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CBI files chargesheet against ex-telecom secy and telecom firms
