Airtel and Vodafone get chargesheets from CBI
22 Dec 2012 6:10 AM IST
After getting a go-ahead from the Supreme Court last month, the Central Bureau of Investigation (CBI) on Friday filed chargesheet against Bharti Airtel, Vodafone India Ltd and Sterling Cellular Limited for getting excess 2G spectrum during the tenure of the National Democratic Alliance (NDA) government. The apex court, while monitoring the 2G case, had ordered the CBI to investigate any possible irregularities in the granting of mobile permits during 2001-2007.
Though the CBI has not named then telecom minister Pramod Mahajan as an accused since he is deceased, his name figures in the conspiracy hatched to give undue benefits to the telecom giants. The CBI, in its FIR, had alleged that the companies had entered into a criminal conspiracy which resulted in a loss of over Rs500 crore to the state exchequer. The companies have, however, refuted any wrongdoing in the case.
These three telecom firms and former telecom secretary Shyamal Ghosh have been chargesheeted for criminal conspiracy and under provisions of Prevention of Corruption Act. The CBI told the court that additional spectrum was allotted on 17 July, 2002 to Bharti Cellular Limited (now Bharti Airtel) and Sterling Cellular Limited (now Vodafone Mobile Service Limited) for the Delhi metro area, and Hutchison Max (now Vodafone India Limited) for Mumbai metro area. It said that then telecom minister Pramod Mahajan, along with Ghosh, had allotted additional spectrum to the telecom companies in a hurried manner and in contravention with the then telecom policy.
‘Investigation has revealed that Shyamal Ghosh, then chairman of Telecom Commission and secretary DoT, in conspiracy with late Pramod Mahajan, then telecom minister, and the accused beneficiary companies i.e Hutchison Max and Sterling Cellular and Bharti Airtel Ltd through their representatives, abused his official position as public person and showed undue favour which caused loss of Rs.846.44 crore to the government exchequer and corresponding undue gain to the aforesaid telecom companies,’ it said in its charge sheet filed before Special CBI Judge OP Saini.
The CBI said that even before the joint testing report, regarding congestion/service quality in the network area of the telecom operators, could be received by the DoT, a decision was taken by Mahajan and Ghosh to allocate additional spectrum to these companies. It also said that the accused public person, in pursuance to the conspiracy, charged additional 1 per cent AGR (adjusted gross revenue) for allotting additional spectrum from 6.2 MHz upto 10 MHz (paired) instead of charging additional 2 per cent AGR as per the existing norms.
The apex court had given the go-ahead in the matter after the difference of opinion between the then CBI chief AP Singh and Director (Prosecution) of the CBI. While the then CBI chief was of the view that those named in the FIR should be prosecuted, the Director (Prosecution) disagreed with him. The matter was referred to the Attorney General G E Vahanvati after which the court had asked the CBI to go by the view of its director in taking further action on the allocation of spectrum during Mahajan’s tenure between 2001-03.
The court has fixed 14 January for consideration of the charge sheet.
Though the CBI has not named then telecom minister Pramod Mahajan as an accused since he is deceased, his name figures in the conspiracy hatched to give undue benefits to the telecom giants. The CBI, in its FIR, had alleged that the companies had entered into a criminal conspiracy which resulted in a loss of over Rs500 crore to the state exchequer. The companies have, however, refuted any wrongdoing in the case.
These three telecom firms and former telecom secretary Shyamal Ghosh have been chargesheeted for criminal conspiracy and under provisions of Prevention of Corruption Act. The CBI told the court that additional spectrum was allotted on 17 July, 2002 to Bharti Cellular Limited (now Bharti Airtel) and Sterling Cellular Limited (now Vodafone Mobile Service Limited) for the Delhi metro area, and Hutchison Max (now Vodafone India Limited) for Mumbai metro area. It said that then telecom minister Pramod Mahajan, along with Ghosh, had allotted additional spectrum to the telecom companies in a hurried manner and in contravention with the then telecom policy.
‘Investigation has revealed that Shyamal Ghosh, then chairman of Telecom Commission and secretary DoT, in conspiracy with late Pramod Mahajan, then telecom minister, and the accused beneficiary companies i.e Hutchison Max and Sterling Cellular and Bharti Airtel Ltd through their representatives, abused his official position as public person and showed undue favour which caused loss of Rs.846.44 crore to the government exchequer and corresponding undue gain to the aforesaid telecom companies,’ it said in its charge sheet filed before Special CBI Judge OP Saini.
The CBI said that even before the joint testing report, regarding congestion/service quality in the network area of the telecom operators, could be received by the DoT, a decision was taken by Mahajan and Ghosh to allocate additional spectrum to these companies. It also said that the accused public person, in pursuance to the conspiracy, charged additional 1 per cent AGR (adjusted gross revenue) for allotting additional spectrum from 6.2 MHz upto 10 MHz (paired) instead of charging additional 2 per cent AGR as per the existing norms.
The apex court had given the go-ahead in the matter after the difference of opinion between the then CBI chief AP Singh and Director (Prosecution) of the CBI. While the then CBI chief was of the view that those named in the FIR should be prosecuted, the Director (Prosecution) disagreed with him. The matter was referred to the Attorney General G E Vahanvati after which the court had asked the CBI to go by the view of its director in taking further action on the allocation of spectrum during Mahajan’s tenure between 2001-03.
The court has fixed 14 January for consideration of the charge sheet.
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