New Delhi: A Delhi court on Wednesday reserved for July 19 its order on the CBI's plea seeking to summon Reliance ADA Group Chairman Anil Ambani, his wife Tina Ambani and others as prosecution witnesses in the 2G spectrum case.
"Arguments heard. Put up for order on July 19," Special CBI Judge O P Saini said after hearing arguments from the CBI as well as the defence counsel on the plea.
During the hearing today, special public prosecutor U U Lalit said that Anil Ambani would be the person who would be able to "throw light" on the matter relating to alleged investment of over Rs 990 crore in Swan Telecom Pvt Ltd, facing trial in the case, by Reliance ADA Group companies and other issues.
"Perhaps he (Anil Ambani) was not part of the decision making meeting but he was aware and according to me this is sufficient. Rs 992 crore was invested. He (Anil Ambani) was aware of the development. He would be the person who would be able to throw light on the matter," Lalit alleged.
He also told the court that so far as the meetings are concerned, Tina Ambani had presided over the relevant meetings.
Opposing the CBI's plea, advocate Sidharth Aggarwal, appearing for three top executives of Reliance ADAG facing trial in the case, said that the delay on the part of the agency to move this application shows that it is not genuine.
"The fact that this application has come out at the fag end of the trial shows this is not necessary or important," he said.
CBI, in its plea, had said Anil Ambani's testimony is required to know about the "decision to apply for UAS licences on behalf of Swan Telecom, pursuing the process of applications with DoT, transfer of Swan Telecom Pvt Ltd to the DB Group in October 2007."
Regarding Tina Ambani, CBI had said she was occupying an "important position" in Reliance ADA Group and was "authorised to transact on behalf of Tiger Traders Pvt Ltd and Swan Telecom Pvt Ltd without any limit on value."
CBI had earlier said that Reliance ADAG officials, who were examined, have not given "clear-cut answers" as to who decided on behalf of their alleged shell companies regarding the radiowaves allocation and due to this it now wants to examine Anil and Tina Ambani as prosecution witnesses.
CBI prosecutor had also said as Tina and Anil Ambani's statements would be on parallel grounds and if one would give clear answers, they may drop the second person.
Opposing CBI's plea, senior advocate Mukul Rohatgi, appearing for one of the top Reliance ADAG executives facing trial in the case, had said it should be dismissed as it has been filed with an idea to harass Anil and Tina Ambani.
Advocate Vijay Aggarwal, who appeared for Swan Telecom promoter Shahid Usman Balwa, has also opposed CBI's plea saying the agency had told the court a number of times that its probe into the case is over but now they are saying these witnesses are required to be examined.
He had said some of the documents which CBI wanted to place before the court are prior to the date of the alleged conspiracy and the agency is "filling its lacunae" in the case.
RADAG's Group company Reliance Telecom Ltd (RTL) is an accused in the case. Three top Reliance ADAG executives-- Gautam Doshi, Surendra Pipara and Hari Nair-- are facing trial in the case along with Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka.
The agency had alleged that RTL used Swan Telecom, an ineligible firm, as its front company to get 2G licenses and the costly radio waves.
"He (Anil Ambani), being the head of Reliance ADA Group, his testimony is required to depose as to who was responsible for incorporation of shell companies including Swan Telecom Pvt Ltd, Tiger Traders Pvt Ltd, Zebra Consultants Pvt Ltd.... their inter-locking equity structures, corporate structuring of Swan Telecom Pvt Ltd, investments/divestments into/out of Swan Telecom Pvt Ltd By Reliance Telecom Ltd, Reliance Communications Ltd, Vikata Engineering Services Pvt Ltd and other Reliance ADA Group companies....," CBI had said.