A company spokesperson clarified the Ambanis weren’t party to the petition. He added the approach of the Central Bureau of Investigation (CBI) in moving an application at this stage of the trial showed it had failed to establish any case and the chargesheet was liable to be dropped.
In its petition, the company said at such a late stage of the trial, the summons wouldn’t serve any purpose. Counsel Mukul Rohtagi mentioned the petition before the chief justice, seeking an early hearing, which was granted.
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In an order, trial judge O P Saini had said examination of the Ambanis “may help in reaching the truth and a just decision in the case”, as both were supposed to be acquainted with the investments and divestments of Swan Capital and Swan Telecom.
It is alleged in the 2008 auctions, the Ambanis used Swan Telecom to secure licences and frequency they weren’t entitled to. The Supreme Court had ordered this aspect of the 2G scam be investigated and tried. According to CBI, the Ambanis had presided over meetings in which key decisions were taken and, therefore, they should be examined to arrive at facts.
CBI had told the court that Anil Ambani was part of a decision to invest Rs 992 crore in Swan Telecom, adding he should be summoned as a witness to further the cause of justice. The agency also said Tina Ambani had presided over the meetings of the holding companies of Swan Telecom. It also wanted the court to summon Tina Ambani in her capacity as director and chairperson of ADAE Ventures and AAA Consultancy, which carried out multiple transactions with Tiger Traders. Tina Ambani was authorised to transact on behalf of Tiger Traders and Swan Telecom, without any limit on the value of the transactions. CBI feels her testimony is required to depose those responsible for the transfer of Swan Telecom to DB Group in October 2007.