Surplus spectrum: Bharti Cellular Ltd counters loss theory

Bharti Cellular Ltd, chargesheeted in 2002 additional spectrum allocation case, today countered the CBI's loss theory in a city court, saying the firms were allotted "spare radio waves" which would have caused gain to the government.
During arguments on framing of charges, senior advocate Harish Salve, appearing for Bharti Cellular Ltd, contended that spectrum was allocated to everybody, including public sector firms MTNL and BSNL and private companies, so there was no question of favour.
"Giving me (Bharti Cellular Ltd) spectrum causes gain to government and not loss. The spectrum was not being used by the defence forces and it was lying waste.

"Spectrum is still there. It is not like hydrocarbon or coal which will exhaust. If you (government) do not give it to me, you cause loss but if you give it to me, you will cause gain," Salve argued before Special CBI Judge O P Saini.
The counsel said there was no abuse of official position by former Telecom Secretary Shyamal Ghosh, an accused in the case, in allocating additional spectrum to cellular companies.
"Abuse is when you favour someone and do not give it to others. Here, everybody got the spectrum including the PSUs. So where is the favour," he said.

Salve, whose arguments remained inconclusive and would continue tomorrow, said there was no allegation of CBI against three accused telecom firms -- Hutchison Max (P) Ltd, Sterling Cellular Ltd and Bharti Cellular Ltd-- that they gave illegal gratification to get the spectrum.

He raised questions over the probe done by CBI saying the agency should have done a fair investigation, but it was "bogus" and "based on gossip".
"They (CBI) say it caused loss to the government. CBI is throwing random facts as they have no connection with the alleged facts," the counsel said, adding that the agency has come up with a "cock and bull story".

Ghosh and telecom firms Hutchison Max, Sterling Cellular and Bharti Cellular, were chargesheeted by CBI in the case relating to Department of Telecommunications (DoT) allocating additional spectrum that had allegedly resulted in a loss of Rs 846 crore to the exchequer.