The CBI on Thursday virtually gave
a clean chit to Tata and Videocon groups in the 2G spectrum scam but
said the role of Anil Ambani was being probed as three jailed corporate
honchos of his company RADAG have distanced themselves from any
wrongdoing.
The
agency said it was conducting further investigation to find out the
real beneficiaries as the arrested executives of the RADAG group have
"resiled" from the statements given by them during the probe of the
scam.
CBI,
which refuted the allegation of not probing the role of corporate
czars, said the three RADAG executives--Gautam Doshi, Surendra Pipara
and Hari Nair--in their statements under section 161 of Code of Criminal
Procedure had taken entire responsibility for the decision but in the
Delhi High Court they retracted.
"They
took responsibility in entirety for the decision but in the High Court
(during bail plea) they said they were merely employees and did not
receive any benefit," senior advocate K K Venugopal, appearing for the
CBI, submitted before a bench of Justices G S Singhvi and A K Ganguly.
Giving
detailed account of its probe into various allegations against Ambani,
Tata Group, Videocon owned Datum and Attorney General G E Vahanvati in
the 2G scam, the agency said that investigation was still on against
Anil Ambani but it has not found evidence regarding the culpability of
others in the scam.
"The
role of Ambani and other employees in relation to 9.9 per cent share in
the Swan Telecom which was sold to Delphi is being probed," Venugopal
said while giving details of the transaction that took place among Swan,
Delphi and Etisalat DB.
"Reliance
ADAG had 9.99 percent shares in Swan. Swan had sold its 107.90 lakh
shares to Delphi at the rate of Rs 15 per share and Etisalat had bought
the shares from Delphi at the rate of Rs 285 per share.”
"Shares
given to Delphi was grossly undervalued and Reliance had received USD
four million," he said while reading out reports received from
Mauritius.
"The
three employees of the RADAG have gone back on their earlier statements
and have said in the Delhi High Court that they were just employees of
the company.
"We are going to take our probe further to find out who are the real beneficiaries of the transaction," he said.
The
senior advocate said though the CBI stand was that the three employees
were the real beneficiaries but after they retracted from their
statements now it has to be found how the share transaction was linked
to Delphi Investment Ltd and in such a circumstance there was likelihood
of making the trio "approvers" in the case.
"They
may turn approver in which event we will get the whole impression about
Delphi and transactions (from Swan to Delphi," he said.
Venugopal
then read out the report on the Datacom and said that probe has
revealed that no advantage was given to the company in the spectrum
allocation during the tenure of A Raja.
"Unlike
Swan and Unitec, Datacom was eligible to get licence. There is no
evidence to show conspiracy on the part of public servants including
Raja to (favour) Datacom," he said.
The
agency also refuted the allegation that Videocon head Venugopal Dhoot's
brother Raj Kumar Dhoot, who is a Rajya Sabha member, was present in
Raja's office on the day of issuing of Letter of Intent to telecom
companies.
The
agency then read out the details of the probe against Tata group and
said that instead of being beneficiary of the scam, they were losers
because of the conspiracy on the part of Raja, which has been mentioned
in the charge sheet filed by the CBI before the Special Judge.
"Tata
Teleservices was put last in the list of companies (for allotment of
spectrum in a circle) because of criminal conspiracy of the accused. It
was a loser in it and it has also been said by the TDSAT," Venugopal
said.
He also said that the allegation that Tatas had gifted land to DMK family for getting undue favour from Raja was baseless.
"Tata
did not gift land to DMK family. It was not even owned by the
Voltas(Tata's company). The land was on lease and it is still on lease.
There is no change in the possession of the land," he said.
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