Why is Anil not implicated in 2G scam? PIL to SC

New Delhi: The Centre for Public Interest Litigation today questioned CBI’s decision to not chargesheet Anil Ambani in the 2G spectrum scam and alleged that he was covering up his involvement by influencing his arrested employees.

CBI, which has filed two charge sheets in the 2G scam, has stated that Swan Telecom, alleged to be the front company of Reliance Telecom, was held by ADAG companies through the funds raised by Anil Ambani-controlled Reliance.

“The three persons charge sheeted are just the professional employees of the ADAG and are not the beneficiaries of this scam. The real beneficiary is Anil Ambani, who hold majority stake and is Chairman of the group companies.”

“There is no possibility of an employee of the company having taken such an important decision of massive investments running into hundreds of crores of rupees,” said an affidavit filed by the Centre for Public Interest Litigation (CPIL).

The affidavit said Gautam Doshi, Surendra Pipara and Hari Nair, who are all employees of Reliance in furtherance of their intention to cheat, created Swan Telecom out of funds arranged from Reliance Telecom for applying for licenses in 13 circles where Reliance Telecom did not have GSM spectrum. They have been charge sheeted and are in judicial custody in Tihar Jail.

“But Ambani has not been charge-sheeted. ADAG has reportedly claimed that these actions were done without the knowledge of Ambani. If this was true then he should have sacked the three charge sheeted employees,” the NGO said, adding that instead he visited them and reportedly assured legal assistance.

The NGO in its application also accused DMK MP Dayanidhi Maran, who today resigned as Textile Minister and Pradeep Baijal, the then Chairperson of TRAI of abusing their official position. “Apart from abusing his position as Telecom Minister to benefit Maxis, which later invested in his family owned Sun TV, Maran also abused his position as telecom minister to divert hundreds of telephone lines of BSNL to Sun TV which were ostensibly provided to Maran for his official use.”

The NGO claimed that as minister he prevailed upon the Prime Minister to take spectrum pricing out of purview of the cabinet which later triggered the 2G scam. “This was adversely commented upon by CAG and Justice Shivraj Patil in their reports,” it said.

Referring to Baijal, the CPIL said under the TRAI Act, Chairperson TRAI has no authority whatsoever to clarify statutory recommendations through a personal letter, that too based on a telephonic conversation, written after GoM approval, Cabinet decision and issuance of UASL guidelines 2003.

“Yet Baijal as TRAI Chairperson did precisely that through his letter dated November 14, 2003. The said letter was illegal and on its basis 26 licenses were issued, 12 of which went to Tatas.