Court asks for law ministry report, defining term associate
New Delhi: The CBI was ordered Monday by a Delhi court to submit to it a Law ministry report defining the term "associate" and purportedly saying that the 2G spectrum allocation scam beneficiary Swan Telecom was not an associate
of Reliance Telecom Ltd (RTL).
"It is ordered that CBI would place a copy of the report received by it from Ministry of Law and Justice through Department of Telecommunication on (court's) record on the next date," Special CBI Judge O P Saini said, slating September 21 for arguments on the report.
The court asked the CBI to bring the Law ministry's report, purportedly favouring the accused, on a joint plea by them.
The court sought the report saying that the 2G spectrum allocation scam was a case of "unimaginable allegations of corruption" and justice should not only be done but should also seen to have been done.
"The case is still at the initial stage of arguments on framing of charges. The instant case is a case of grave magnitude with unimaginable allegations of corruption. It is trite to remark that justice should not only be done but should also seen to have been done," the judge said.
The court, however, brushing aside the CBI reluctance to submit the Law ministry's opinion to it, said, "The report is largely legalistic in nature clarifying a law point only. The prosecution is not likely to suffer any prejudice by its production."
In its charge sheet, the CBI has alleged that Swan Telecom was an associate firm of RTL, created to circumvent the then guidelines of DoT which debarred existing CDMA player from venturing into GSM segment.
RTL had later passed on the control of Swan Telecom to Shahid Usman Balwa after the DoT allowed it to avail the facility of dual technology, the agency had said.
The CBI had earlier showed its reluctance in submitting the Law ministry's report to the court saying that it was not depending on it.