Senior advocate Mukul Rohatgi, appearing for Essar Group promoters Ravi Ruia and Anshuman Ruia, said there cannot be intention to cheat when all the facts were available with the government.
"The point which I am trying to tell is that there cannot be any concept of cheating when the person who is giving the licences is aware of what he is doing. He examines everything as there is some controversy.
"He knows there is nothing wrong or deceptive in it. Government found there is no irregularity and illegality in giving licence to this company," he told Special CBI Judge O P Saini.
Opposing the framing of charges against Ruias, Rohatgi said when all the facts are available, it cannot be cheating. It can be termed as cheating, when the facts are wrong and they are created, he added.
"There is no question of cheating. If we know all the facts then how is it cheating? Before licences were issued, a full examination takes place and it is clear from the stand of the government that whole thing was probed and then licences were given," he argued.
The CBI, in its charge sheet filed on December 12 last year, had named Essar Group promoters Ravi Ruia and Anshuman Ruia and Loop Telecom promoters I P Khaitan and Kiran Khaitan, besides Essar Group Director (Strategy and Planning) Vikash Saraf as accused in the case.
Besides the five persons, three companies -- Loop Telecom Pvt Ltd, Loop Mobile India Ltd and Essar Teleholdings Ltd -- are also accused in the case. (More)
