CBI concealed documents on TRAI's recommendations: Court

New Delhi: CBI's allegation that Department of Telecommunications (DoT) had not obtained the required recommendation from TRAI prior to allocation of additional spectrum could not stand judicial scrutiny with a special court Thursday pulling up the agency for concealing material documents from it.

The court said that CBI had concealed documents regarding two previous TRAI recommendations on the issue by initially dubbing it as unrelied upon and that it was done to "distract" the court's attention at the time of taking cognisance of the charge sheet.

"I find myself in agreement with the defence counsel that TRAI recommendations were already there and DoT was not required to ask for fresh recommendations," Special CBI Judge O P Saini said while discharging ex-telecom secretary Shyamal Ghosh and the three telecom firms in the case.

"This view is further strengthened by the conduct of prosecution in concealing these two recommendations in documents which were initially dubbed as unrelied upon with a view to distract the attention of the court at the time of taking cognisance of the case and at subsequent stages also," the court said.

The court's observations assume significance as CBI, in its charge sheet, had alleged that before passing January 31, 2002 order regarding allocation of additional spectrum, DoT was required to obtain recommendations of Telecom Regulatory Authority of India (TRAI) about quantum of additional spectrum to existing operators as well as the charges to be levied.

During the arguments on framing of charges in the case, CBI's allegations were countered by the accused, saying TRAI recommendations of June 23, 2000 and October 24, 2000 were already there.

On finding that CBI's allegations were not correct, the court noted, "it is not true to say that there were no TRAI recommendations. In fact, TRAI had given priority to existing operators as far as their case for consideration of additional spectrum is concerned."

"A close reading of the charge sheet would make it clear that it begins with the representation of COAI (Cellular Operators Association of India) on October 4, 2001 to the DoT," the court said.

"Earlier events have not been taken note of in the charge sheet. This reading of limited events gives an impression that for order dated January 31, 2002, separate recommendations were required, though the same are already there," it said.

It further said, "TRAI recommendations are not to be sought on day-to-day basis. They are to be sought or given as and when needed."

The court noted that the previous TRAI recommendations of June 23, 2000 and October 24, 2000 had covered both inadequacy of the existing spectrum to the existing operators and also need for additional spectrum and also the rate at which spectrum was to be charged.