2G case judgment date to be announced on November 7: CBI court

The special Central Bureau of Investigation (CBI) court on Wednesday said that the 2G case judgment date will be announced on November 7, ANI reported. The court had concluded final arguments in the case on April 26.

The special court bench issued production warrants to Unitech’s Managing Director Sanjay Chandra and Bollywood producer Karim Morani, asking them to be present in the court on November 7.

CBI Special Judge OP Saini deferred the matter observing that documents filed in the case are voluminous and technical in nature which were still under perusal.

The court was hearing two separate cases related to the 2G spectrum cases. The CBI is investigating one of the cases, while the Enforcement Directorate is looking into the other one. Five cases were allotted to this court in 2012 after the scam broke out.

What are the charges?

According to the CBI, A Raja was biased in allocating 2G mobile airwaves and operating licences to telecom firms, causing a huge loss to the state exchequer.

The CBI chargesheet said Rs 200 crore was transferred from DB Group to Kalaignar TV, which were kickbacks in lieu of allocation of 2G spectrum to Swan Telecom Pvt Ltd.

The ED has filed a separate case related to money laundering alleging that a conspiracy was hatched by Raja, Kanimozhi and DMK chief M Karunanidhi's wife Dayalu Ammal besides others and that the Rs 200 crore was the proceeds of crime.

Who is facing trial in the case currently?

Individuals: A Raja, Kanimozhi, former telecom secretary Siddharth Behura, Raja’s erstwhile private secretary RK Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Ltd managing director D Sanjay Chandra, three top executives of Reliance Anil Dhirubhai Ambani Group—Gautam Doshi, Surendra Pipara and Hari Nair.

Companies: Swan Telecom Pvt Ltd, Reliance Telecom Ltd and Unitech Wireless (Tamil Nadu) Ltd. 

Anand Grover, senior advocate and CBI’s special prosecutor has presented over 150 witnesses including Reliance ADAG chairman Anil Ambani, his wife Tina Ambani and former corporate lobbyist Niira Radia.

Who has been given clean chit so far?

In 2015, the court discharged all accused in the 2002 additional telecom spectrum scam involving former telecom secretary Shyamal Ghosh and three telecom firms—Bharti Cellular Ltd, Hutchison Max Telecom Pvt Ltd (now known as Vodafone India Ltd) and Sterling Cellular Ltd (now Vodafone Mobile Service Ltd).

In February 2017, a special court in Delhi discharged former telecom minister Dayanidhi Maran, his brother Kalanithi Maran and others in the Aircel-Maxis deal cases lodged by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). There were allegations that as telecom minister, Dayanidhi Maran used his influence to coerce Aircel owner C. Sivasankaran into selling his stake in the company to T Ananda Krishnan-led Maxis Communications Bhd.

Here's the timeline of the 2G case:

May 2007: A Raja takes over as Telecom Minister

Aug 2007: Process of allotment of 2G Spectrum along with UAS Licences initiated by Department of Telecom (DoT)

Sept 25, 2007: Telecom Ministry issues press note fixing deadline for application as October 1, 2007

Oct 1, 2007: DoT receives 575 applications by 46 firms
 

Nov 2, 2007: PM writes to Raja to ensure fair licence allocation and proper revision of fee. Raja writes to PM allegedly rejecting many of his recommendations

Nov 22, 2007: Finance Ministry writes to DoT raising concerns over the procedure adopted

Jan 10, 2008: DoT decides to issue licences on first—come—first—serve basis (FCFS), preponing cut—off date to September 25. Later in the day, DoT says those who apply between 3.30 and 4.30 pm would be issued licences

2008: Swan Telecom, Unitech and Tata Teleservices sell off a part of their stakes at much higher rates to Etisalat, Telenor and DoCoMo respectively

May 4, 2009: NGO Telecom Watchdog complains to the Central Vigilance Commission (CVC) on the illegalities in the 2G spectrum allocation to Loop Telecom

2009: CVC directs CBI to investigate the matter

July 1, 2009: Single judge of Delhi HC holds change of cut—off date as illegal. S—tel had moved the petition

Oct 21, 2009: CBI files FIR against “unknown officers of DoT and unknown private persons/ companies and others“

Oct 22, 2009: CBI raids DoT offices

Nov 16, 2009: CBI seeks help from Directorate General of Income Tax for information on lobbyist Niira Radia and records pertaining to middlemen in award of 2G spectrum licences

Nov 20, 2009: Information by IT dept shows role of corporate players in influencing policies of DoT via illegal means. Shows Radia directly in touch with Raja
 

Mar 31, 2010: CAG report notes “whole process of issue of licence lacked fairness and transparency“

May 6, 2010: Telephonic conversation between Raja and Radia made public by the media

May 2010: Government constitutes GoM for allocation of 3G spectrum, reducing DoT under Raja as mere implementing body

Aug 18, 2010: HC refuses to direct PM to decide on a complaint by Janata Party chief Swamy seeking sanction to prosecute Raja for his alleged involvement in 2G scam

Sept 13, 2010: SC asks the government, Raja to reply within 10 days to three petitions alleging a Rs 70,000 crore scam in the grant of telecom licences in 2008

Sept 24, 2010: Swamy moves SC seeking direction to PM to sanction prosecution of Raja

Sept 27, 2010: Enforcement Directorate informs SC of probe against firms suspected to have violated FEMA. Says can’t deny or confirm now Raja’s involvement in the scam

Oct 2010: SC asks the government to respond to CAG report about the scam. Pulls up CBI for its tardy progress in probe

Nov 10, 2010: CAG submits report on 2G spectrum to the government stating loss of Rs 1.76 lakh crore to exchequer

Nov 11, 2010: DoT files affidavit in SC; says CAG did not have the authority to question the policy decision as per which licence were issued to new players in 2008

Nov 14—15, 2010: Raja resigns as Telecom Minister. Kapil Sibal given additional charge of Telecom Ministry

Feb 10, 2011: SC asks CBI to bring under its scanner corporate houses which were beneficiaries of the 2G spectrum. Raja remanded to CBI custody for four more days by a special CBI court along with Balwa

Feb 17—18, 2011: Raja sent to Tihar Jail under judicial custody. Balwa too jailed

Feb 24, 2011: CBI tells Delhi Court Balwa facilitated transaction to DMK—run Kalaignar TV

March 14, 2011: The Delhi High Court sets up special court to deal exclusively with 2G cases

March 29, 2011: SC permits CBI to file charge sheet on April 2 instead of March 31. Two more persons — Asif Balwa and Rajeev Agarwal arrested

April 2, 2011: CBI files its first charge sheet. Names Raja, Chandolia and Behura. Reliance ADAG Group Managing Director Gautam Doshi, its senior Vice President Hari Nair, Group President Surendra Pipara, Swan Telecom Promoters Shahid Usman Balwa and Vinod Goenka and Managing Director of Unitech Ltd Sanjay Chandra made accused. Three companies — Reliance Telecom Ltd, Swan Telecom Pvt Ltd and Unitech Wireless (Tamil Nadu) Pvt Ltd — also charge sheeted

April 25, 2011: CBI files second charge sheet naming DMK chief M. Karunanidhi’s daughter and MP Kanimozhi, 4 others

Oct 23, 2011: Charges framed against all 17 accused

Nov 11, 2011: Trial begins

Nov 23, 2011: SC grants bail to 5 corporate executives — Nair, Doshi, Pipara, Chandra and Goenka

Nov 28, 2011: Delhi HC grants bail to Kanimozhi, Kumar, Morani, Asif and Rajiv

Nov 29, 2011: Special court grants bail to Shahid Balwa

Dec 1, 2011: Chandolia gets bail from special court

Dec 12, 2011: CBI files third charge sheet. Names Essar Group promoters Anshuman and Ravi Ruia, its director (Strategy and Planning) Vikas Saraf, Loop Telecom promoters Kiran Khaitan and her husband I P Khaitan. Also charge sheets Loop Telecom Pvt Ltd, Loop Mobile India Ltd and Essar Tele Holding

Jan 31, 2012: SC says filing complaint under the PC Act is a constitutional right and the competent authority should take a decision on giving the sanction within four months
 

Feb 2, 2012: SC cancels 122 licences granted during Raja's tenure. Directs auctioning of licences in 4 months. SC leaves it to the special court to decide on Chidambaram within 2 weeks | Verdict

Feb 2, 2012: SC refuses to ask CBI to probe role of Chidambaram in 2G case and leaves it to the Special Court to decide the matter.

Feb 4, 2012: Special Court dismisses Swamy's plea to make Chidambaram a co-accused.

Feb 23, 2012: Swamy moves SC against the trial court order on Chidambaram. NGO, Centre for Public Interest Litigation also files application seeking probe against Chidambaram.

Mar 1, 2012: Plea against Chidambaram and Law Minister Salman Khurshid for their alleged role in the 2G spectrum scam is listed for hearing in the SC.

Apr 4, 2012: SC begins hearing plea against Chidambaram.

Apr 24, 2012: SC reserves order on the maintainability of the plea for probe against Chidambaram in the 2G spectrum case.

Aug 24, 2012: SC dismisses plea for probe against Chidambaram in the 2G case, says no prima facie material to show that Chidambaram got pecuniary benefits.

December 9, 2013: Amid protests, JPC report on 2G tabled in Lok Sabha

April 25, 2014: 2G kickback case: ED chargesheets Raja, Kanimozhi

May 5, 2014: Court records statement of Raja

October 31, 2014: Charges framed in 2G-linked case

November 10, 2014: Final hearing from December 19

June 1, 2015: Kalaignar TV got Rs. 200 crores through 2G scam, says ED

August 19, 2015: CBI files assets case against Raja

September 30, 2015: SC dismisses Essar promoters’ plea

November 3, 2015: SC rejects Kanimozhi’s plea to quash charges against her

October 7, 2016: Entitled to be acquitted in 2G case: Kanimozhi

April 19, 2017: Special court concludes arguments

September 20, 2017: Special court adjourned the 2G spectrum allocation cases against former telecom minister Raja, DMK Rajya Sabha member Kanimozhi and others to October 25