Advancing arguments on framing of charges, Ghosh’s counsel said there was no violation of government policy on <g data-gr-id="38">spectrum</g> and his decision was identical to the policy existing then.
“The order passed by Ghosh was perfectly in <g data-gr-id="43">line</g> of the government’s policy. It was identical and in <g data-gr-id="41">parity</g> to the government’s policy,” senior advocate Sukumar <g data-gr-id="40">Pattjoshi</g>, who appeared for Ghosh, told Special CBI Judge O P Saini.
The counsel also argued that “no criminal charge was made out against Ghosh and <g data-gr-id="31">atmost</g> it could be termed as dereliction of duty”.
CBI had yesterday argued that Ghosh had given additional spectrum to telecom companies at “throwaway prices” causing a huge loss to the exchequer.
Special Public Prosecutor (SPP) Anand Grover had argued that Ghosh entered into a conspiracy along with then Telecom Minister Pramod Mahajan, unknown persons of the ministry and telecom firms.
He had contended that telecom companies -- Hutchison Max (P) Ltd, Sterling Cellular Ltd and Bharti Cellular Ltd -- which are also accused in the case, were involved in <g data-gr-id="37">conspiracy</g> in getting the additional spectrum.
Arguing that an offence under Prevention of Corruption Act was made out against Ghosh, the prosecutor had alleged that the allocation of additional spectrum was “gratification” and after he retired in May 2002, he was rewarded with a lucrative post for three years which was “specially created for him”.
Ghosh was the Telecom Secretary between February 7, <g data-gr-id="34">2000</g> and May 31, 2002. Post-retirement, Ghosh had become the Administrator of the Universal Service Obligation Fund under DoT, a post he occupied till May 2005.
Ghosh and telecom firms Hutchison Max, Sterling Cellular and Bharti Cellular, were <g data-gr-id="44">chargesheeted</g> by CBI in the case relating to Department of Telecommunications (DoT) allocating additional spectrum that had allegedly resulted in a loss of Rs 846 crore to exchequer.