2G spectrum case - Biblioteka.sk

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2G spectrum case
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The 2G spectrum case was a political controversy in which politicians and private officials of the United Progressive Alliance (UPA) coalition government India were allegedly involved in [1] selling or allotting 122 2G spectrum licenses on conditions that provided an advantage to specific telecom operators. A. Raja, then Telecom Minister, was accused of selling 2G spectrum licenses at a very low cost which resulted in the loss of ₹1,760 billion (US$25 billion) in government revenue.[2] Raja was also accused of not following rules and regulations as well as not recognizing any advice from the Ministries of Finance and Law and Justice of India while allotting 2G spectrum licenses to telecom operators. Series of allegations were made on allotting 2G spectrum licenses including allegations from Central Bureau of Investigation after investigating the case alleging Raja for intentionally advancing the cut-off date (from 01/10/2007 to 25/09/2007)[3] to favour some specific firms (Unitech Wireless and Swan Telecom), which were allegedly ineligible for applying for telecom licenses, in return for bribes.

On 21 December 2017, the special court in New Delhi after thorough examination of the case and hearing what the CBI had to say, acquitted all accused in the 2G spectrum case including prime-accused Raja and Kanimozhi.[4] The court ruled that this case was baseless. As per the judgement, "Some people created a scam by artfully arranging a few selected facts and exaggerating things beyond recognition to astronomical levels."[5][6]

On 19 and 20 March 2018, the Enforcement Directorate and the CBI respectively filed appeals against this verdict in the Delhi High Court.[7] On 22 March 2024, Delhi High Court's single-judge bench of Justice Dinesh Kumar Sharma agreed that the trial court's judgement requires deeper examination and re-appreciation of entire evidence and admitted the CBI's appeal. The High Court noted that there were several contradictions in the trial court's judgement.[8]

Background

India is divided into 22 telecommunications zones, with 281 zonal licenses.[9] In 2008, 122 new second-generation 2G Unified Access Service (UAS) licenses were granted to telecom companies on a first-come, first-served basis at the 2001 price. According to the CBI charge sheet, several laws were violated and bribes were paid to favour certain firms in granting 2G spectrum licenses. According to a CAG audit, licenses were granted to ineligible corporations, those with no experience in the telecom sector (such as Unitech and Swan Telecom)[10] and those who had concealed relevant information.[11] Although former Prime Minister Manmohan Singh advised Raja to allot 2G spectrum transparently and revise the license fee in a November 2007 letter, Raja rejected many of Singh's recommendations.[12] In another letter that month, the Ministry of Finance expressed procedural concerns to the DOT;[12] these were ignored, and the cut-off date was moved forward from 1 October to 25 September 2007.[12]

On 25 September 2007 the DOT announced on its website that applicants filing between 3:30 and 4:30 pm that day would be granted licenses.[12] Although the policy for awarding licences was first-come, first-served, which was introduced during Atal Bihari Vajpayee Government, Raja changed the rules so it applied to compliance with conditions instead of the application itself.[13] On 10 January 2008, companies were given only a few hours to supply Letters of Intent and payments; some executives were allegedly tipped off by Raja.[14][15] Although the corporation was ineligible, Swan Telecom was granted a license[10] for 15.37 billion (US$190 million) and sold a 45-percent share to the UAE-based Etisalat for 42 billion (US$530 million).[10] Unitech Wireless (a subsidiary of the Unitech Group) obtained a license for 16.61 billion (US$210 million), selling a 60-percent share for 62 billion (US$780 million) to Norway-based Telenor.[10]

The following is a list of companies who received 2G licenses during Andimuthu Raja's term as telecom minister;[16][17] the licenses were later cancelled by the Supreme Court:[18][19]

Company Telecom regions # of licenses Remarks
Adonis Projects Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh (East) 6 Adonis Projects, Nahan Properties, Aska Projects, Volga Properties, Azare Properties & Hudson Properties were acquired by Unitech. Since Unitech Infrastructure and Unitech Builders & Estates were subsidiaries of Unitech Group, in 2008 Unitech had 22 2G licenses. Later that year, Telenor bought a majority share in the telecom company from the Unitech Group and provided service as Uninor with 22 licences.
Nahan Properties Assam, Bihar, North East, Orissa, Uttar Pradesh (east), West Bengal 6
Aska Projects Andhra Pradesh, Kerala, Karnataka 3
Volga Properties Gujarat, Madhya Pradesh, Maharashtra 3
Azure Properties Kolkata 1
Hudson Properties Delhi 1
Unitech Builders & Estates Tamil Nadu (including Chennai) 1
Unitech Infrastructures Mumbai 1
Loop Telecom Bihar, Gujarat, Himachal Pradesh, Kerala, Kolkata, Punjab, Rajasthan, Uttar Pradesh, West Bengal, Andhra Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Odisha(Orissa), Tamil Nadu (including Chennai), Assam, Jammu & Kashmir, Madhya Pradesh 21
Datacom Solutions Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Kolkata, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Tamil Nadu (including Chennai), Uttar Pradesh, West Bengal, Delhi, Mumbai 21 Operates as Videocon Telecom
Shyam Telelink Madhya Pradesh, Kerala, Kolkata, Punjab, Uttar Pradesh, West Bengal, Andhra Pradesh, Delhi, Haryana, Karnataka, Maharashtra, Odisha, Tamil Nadu (including Chennai), Assam, Jammu & Kashmir, North East 17 Shyam Telelink & Shyani Telelink have a combined 21 licenses. In late 2008 Russia-based Sistema bought a majority share in the company, which now operates as MTS India.
Shyani Telelink Mumbai, Bihar, Gujarat, Himachal Pradesh 4
Swan Telecom Andhra Pradesh, Gujarat, Haryana, Karnataka, Kerala, Maharashtra, Punjab, Rajasthan, Tamil Nadu (including Chennai), Uttar Pradesh, Delhi, Mumbai 13 Swan was a subsidiary of Reliance Telecom established to circumvent the one-company-one-license rule. In 2008, Swan merged with Allianz Infratech; late in the year Abu Dhabi's Etisalat bought about 45 percent of the company, renaming it Etisalat DB Telecom.
Allianz Infratech Bihar, Madhya Pradesh 2
Idea Cellular Assam, Punjab, Karnataka, Jammu and Kashmir, North East, Kolkata, West Bengal, Odisha(Orissa), Tamil Nadu (including Chennai) 9 Since Idea Cellular bought Spice Communications in 2008 for 27 billion (US$340 million),[20] of the 122 spectrum licenses sold in 2008 Idea owns 13. Seven are in use by the company, and the remainder are overlapping licenses.[21]
Spice Communications Delhi, Andhra Pradesh, Haryana, Maharashtra 4
S Tel Assam, Jammu and Kashmir, Odisha(Orissa), North East, Bihar, Himachal Pradesh 6 In January 2009, Bahrain Telecommunications agreed to buy 49 percent of S Tel for $225 million. Chinnakannan Sivasankaran owns the remaining share.[22][23] In May 2009, Sahara Group bought an 11.7-percent share in S Tel.[24]
Tata Teleservices Jammu and Kashmir, Assam, North East 3 In late 2008 Tata sold a 26-percent share to the Japanese NTT DoCoMo for about 130.7 billion (US$1.6 billion), or an enterprise value of 502.69 billion (US$6.3 billion).[25]

Accused parties

The selling of the licenses drew attention to three groups: politicians and bureaucrats, who had the authority to sell licenses; corporations buying the licenses, and professionals who mediated between the politicians and corporations.

Politicians

The following charges were filed by the CBI and the Directorate General of Income Tax Investigation in the Special CBI Court.[26][27][28][29]

A. Raja

  • Political career: Four-time DMK member of Parliament (currently member of Lok Sabha from Nilgiris, Tamil Nadu), former Union Minister of State for Rural Development (1999) and Health and Family Welfare (2003), former Union Cabinet Minister for Environment and Forests (2004) and Communication and Information Technology (2007 and 2009)[30][31][32][33]
  • Allegation: A joint investigative report by the CBI and the Income Tax Department alleged that Raja may have received a 30 billion (US$380 million) bribe for moving the cut-off date for spectrum applications forward.[34][35] The changed deadline eliminated many applications, enabling Raja to favour a few applicants.[34][35] The agencies also alleged that he used accounts in his wife's name in Mauritius and Seychelles banks for the kickbacks.[36] A CBI charge sheet alleged that Raja conspired with the accused and arbitrarily refined the first-come, first-served policy to ensure that Swan and Unitech received licences.[37] Instead of auctioning 2G spectrum, he sold it at the 2001 rate.[37]
  • Charges: Criminal breach of trust by a public servant (section 409), criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act for accepting illegal gratification.[26][38][39]
  • Status: Arrested by the CBI on 2 February 2011.[40] Applied for bail on 9 May 2012,[41][42] which was granted on 15 May.[43][44][45]

Kanimozhi Karunanidhi

  • Political career: Youngest Daughter of five-time Chief Minister of Tamil Nadu M. Karunanidhi. DMK member of Parliament, representing Tamil Nadu in the Rajya Sabha till 2019, currently member of Lok Sabha from Thoothukudi.[46][47]
  • Allegations: According to the CBI charge sheet, Kanimozhi owns 20 percent of family-owned Kalaignar TV; her stepmother, Dayalu Ammal, owns 60 percent of the channel.[48] The CBI alleges that Kanimozhi was the "active brain" behind the channel[48] and conspired with Raja to coerce DB Realty cofounder Shahid Balwa to funnel 2 billion (US$25 million) to Kalaignar TV.[49] Kanimozhi was in regular contact with Raja about the launch of Kalaignar TV.[49] Raja advanced the channel's cause, facilitating its registration with the Ministry of Information and Broadcasting and adding it to DTH operator TATA Sky's lineup. Kanimozhi was charged with tax evasion by the Income Tax Department in Chennai.[49]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant and criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471), and booked under the Prevention of Corruption Act.[26][38]
  • Status: Arrested by the CBI on 20 May 2011.[50][51] Granted bail on 28 November 2011, after 188 days in custody.[52][53] On 21 December 2017, she has been acquitted by a Special CBI Court.[54]

Bureaucrats

A number of bureaucrats were named in the CBI charge sheet filed in its Special Court.[26][27][28][29]

Siddharth Behura

  • Position: Telecom Secretary when the licenses were granted.[26][55]
  • Allegations: According to the CBI charge sheet, Behura conspired with Raja and several others. When the application deadline time was declared, from 3:30 to 4:30 pm Behura closed counters to block other telecom companies.[10]
  • Charges: Criminal breach of trust by a public servant (Section 409), criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act for accepting illegal gratuities.[26][56]
  • Status: Arrested by the CBI on 2 February 2011[40] and granted bail on 9 May 2012,[57][58] and finally acquitted on 21 December 2017 by a Special CBI Court for lack of convincing evidence.[54] On 10 July 2012 joint parliamentary committee deposition, Behura blamed Raja for most of the decisions related to 2G spectrum auctions.[59]

RK Chandolia

  • Position: Raja's private secretary when the licenses were granted.[26][60]
  • Allegations: According to the CBI charge sheet Chandolia, like Behura, conspired with Raja and several others; when the application deadline time was declared from 3:30 to 4:30 pm, Chandolia joined Behura in shutting counters to physically block other telecom companies.[10]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120 B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 2 February 2011.[40] Although he was granted bail by the special CBI court on 1 December 2011, the following day the High Court took suo motu notice of newspaper reports of the bail and stayed it.[61] Chandolia appealed to the Supreme Court, and on 9 May 2012 the court upheld the bail grant.[62] He was acquitted on 21 December 2017 by a Special CBI Court for lack of substantial evidence.[54]

Executives

A number of executives were accused in the CBI charge sheet.[26][27][28][29]

Sanjay Chandra

  • Position: Former Unitech Wireless managing director[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[26]
  • Allegations: Former CBI prosecutor AK Singh was implicated in a taped conversation sharing legal strategy and privileged information with Chandra.[63][64]
  • Status: Arrested by the CBI on 20 April 2011[65][66] and granted bail on 24 November,[67] As of 21 December 2017 he has been acquitted by a special CBI Court.[54]

Umashankar

  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[26]
  • Allegations: Former CBI prosecutor AK Singh was implicated in a taped conversation sharing legal strategy and privileged information with Umashankar.[63][64]
  • Status: Arrested by the CBI on 20 April 2008[65][66] and granted bail same day. As of 21 December 2017 he has been acquitted by a special CBI Court.[54]

Gautam Doshi

  • Position: Managing director, Reliance Anil Dhirubhai Ambani Group[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 20 April 2011[65] and granted bail on 24 November 2011.[67] As of 21 December 2017 he has been acquitted by a special CBI Court.[54]

Hari Nair

  • Position: Senior vice-president, Reliance Anil Dhirubhai Ambani Group[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 20 April 2011[65] and granted bail on 24 November 2011.[67] As of 21 December 2017 he has been acquitted by a special CBI Court.[54]

Surendra Pipara

  • Position: Senior vice-president, Reliance Anil Dhirubhai Ambani Group[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 20 April 2011[65] and granted bail on 24 November 2011.[67] As of 21 December 2017 he has been acquitted by a special CBI Court.[54]

Vinod Goenka

  • Position: Managing director, DB Realty and Swan Telecom[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant criminal conspiracy (Section 120 B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 20 April 2011[65] and granted bail on 24 November 2011.[67] As of 21 December 2017 he has been acquitted by a special CBI Court.[54]

Shahid Balwa

  • Position: Corporate promoter, DB Realty and Swan Telecom[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 8 February 2011[68] and granted bail on 29 November 2011,[69] acquitted on 21 December 2017 by a special CBI Court.[54]

Asif Balwa

  • Position: Director, Kusegaon Fruits and Vegetables[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 29 March 2011[70] and granted bail on 28 November 2011[71] Acquitted on 21 December 2017 by a special CBI Court.[54]

Rajiv Agarwal

  • Position: Director, Kusegaon Fruits and Vegetables[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 29 March 2011[70] and granted bail on 28 November 2011.[71] Acquitted on 21 December 2017 by a special CBI Court.[54]

Sharath Kumar

  • Position: Managing director, Kalaignar TV[26]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 20 May 2011[72] and granted bail on 28 November 2011.[73] Acquitted on 21 December 2017 by a special CBI Court.[54]

Ravi Ruia

  • Position: Vice-chair, Essar Group[74][75]
  • Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420)[74][75]
  • Status: Acquitted on 21 December 2017 by a special CBI Court.[54][76]

Anshuman Ruia

  • Position: Director, Essar Group[74][75]
  • Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420).[74][75]
  • Status: Acquitted on 21 December 2017 by a special CBI Court.[54][76]

Vikas Saraf

Ishwari Prasad Khaitan

  • Position: Corporate promoter, Loop Telecom[74][75]
  • Charges: Criminal conspiracy under (Section 120 B) and cheating (Section 420)[74][75]
  • Status: Acquitted on 21 December 2017 by a special CBI Court.[54][76]

Kiran Khaitan

  • Position: Corporate promoter, Loop Telecom[74][75]
  • Charges: Criminal conspiracy (Section 120 B) and cheating (Section 420)[74][75]
  • Status: Acquitted on 21 December 2017 by a special CBI Court.[54][76]

Karim Moraniedit

  • Position: Corporate promoter and director, Cineyug Films[26]
  • Allegations: According to the Income Tax Department charge sheet, Morani-owned Cineyug Films was a part of the route used by Shahid Balwa to funnel[77] 2 billion (US$25 million) illegally to Kalaignar TV.[77] DB Realty corporate promoters Shahid Balwa and Vinod Goenka transferred 2,092.5 million (US$26 million) to Kusegaon Fruits and Vegetables, where Balwa's younger brother Asif was a director.[77][78] Kusegaon then transferred 2 billion (US$25 million) to Cineyug Films, and Morani transferred it to Kalaignar TV.[77]
  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420), forgery (Sections 468 and 471) and fabrication of evidence (Section 193); booked under the Prevention of Corruption Act[26]
  • Status: Arrested by the CBI on 30 May 2011[79] and granted bail on 28 November 2011.[73] Promptly acquitted on 29 December 2017 by a "special CBI Court".[54]

Corporationsedit

Several companies were named in the CBI charge sheet.[26][27][28][29]

Unitech Wirelessedit

  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B), cheating (Section 420) and forgery (Sections 468 and 471)[26]
  • Status: The company was acquitted on 21 December 2017 of any wrongdoing by Special CBI Court.[54]

Reliance Telecomedit

  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B) and cheating (Section 420)[26]
  • Status: As of December 2017, acquitted in 2G spectrum case.[80]

Swan Telecomedit

  • Charges: Criminal conspiracy to cause criminal breach of trust by a public servant, criminal conspiracy (Section 120-B) and cheating (Section 420)[26]
  • Status: The company was acquitted on 21 December 2017 of any wrongdoing by a Special CBI Court that was appointed for the purpose of acquitting the accused.[54]

Media roleedit

OPEN and Outlook reported that journalists Barkha Dutt (editor of NDTV) and Vir Sanghvi (editorial director of the Hindustan Times) knew that corporate lobbyist Nira Radia influenced Raja's appointment as telecom minister,[81] publicising Radia's phone conversations with Dutt and Sanghvi[82][83] when Radia's phone was tapped by the Income Tax Department. According to critics, Dutt and Sanghvi knew about the link between the government and the media industry but delayed reporting the corruption.[81]

Chronologyedit

The Centre for Public Interest Litigation filed the first petition against the Union of India for irregularities in awarding 2G spectrum licenses. The petition alleged that the government lost $15.53 billion by issuing spectrum in 2008 based on 2001 prices, and by not following a competitive bidding process. This led to further petitions, and an investigation began in 2010.[84]

2007edit

  • May: A Raja becomes Telecom Minister.[85]
  • August: Allotment of 2G spectrum and Universal Access Service (UAS) licences by the Department of Telecommunications (DoT) begins.
  • 25 September: The Telecom Ministry issues a press release that its deadline for application is 1 October.
  • 1 October: DoT receives 575 applications for UAS licences from 46 companies.[86]
  • 2 November: The prime minister writes to Raja, directing him to ensure the allotment of 2G spectrum in a fair and transparent manner and to ensure that the licence fee was revised. Raja rejects many of the prime minister's recommendations.
  • 22 November: In a letter to the DoT, the Finance Ministry raises procedural concerns. Its demand for a review is rejected.

2008edit

  • 10 January: The DoT decides to issue licences on first-come, first-served basis, advancing the cut-off date from 1 October to 25 September and announcing on its website that those applying between 3.30 and 4.30 pm would be granted licences in accordance with policy.[87][88]
  • Total collection from sale of 122 licenses was about 92 billion.[citation needed]
  • Swan Telecom, Unitech and Tata Teleservices sell shares at much higher prices to Etisalat, Telenor and DoCoMo, respectively.[89][90][91]

2009edit

  • 4 May: A telecom-watchdog NGO files a complaint with the Central Vigilance Commission (CVC) on illegalities in spectrum allocation to Loop Telecom.
  • 19 May: Another complaint is filed with the CVC by Arun Agarwal, highlighting the low-cost spectrum grant to Swan Telecom. The CVC directs the CBI to investigate irregularities in the allocation of 2G spectrum.
  • 1 July: Responding to a petition from S-Tel, the Delhi High Court rules the advancement of the cut-off date illegal.[92]
  • 20 October: The CBI registers a case, filing a First Information Report against unknown officers of the DoT and unknown private persons and companies under provisions of the Indian Penal Code and the Prevention of Corruption Act.
  • 22 October: The Directorate General of Income Tax Investigation raids DoT offices.[93][94][95]
  • 16 November: The CBI investigates a wiretapped conversation by corporate lobbyist Nira Radia to learn the involvement of middlemen in the grant of spectrum to telecom companies, seeking information from the Directorate General of Income Tax Investigation about Radia and her company.

2010edit

  • 13 March: The Supreme Court upholds the Delhi High Court ruling that the cutoff-date advancement was illegal.[96][97]
  • 31 March: According to the Comptroller and Auditor General, there were large-scale irregularities in spectrum allocation.
  • 2 April: CBI Deputy Inspector General of Investigations Vineet Agarwal and Indian Revenue Service Director General of Income Tax Investigations Milap Jain, who were investigating the case, are transferred; Jain becomes Director General of International Taxation.[98]
  • 6 May: Telephone conversation between Raja and Niira Radia, recorded by the Directorate General of Income Tax Investigation, made public.[99] The Centre for Public Interest Litigation petitions the Delhi High Court for a special investigation of the case.
  • 25 May: Petition dismissed by the court.
  • August: Dismissal appealed to the Supreme Court.
  • 18 August: High Court refuses to order the prime minister to rule on a request by Janata Party chief Subramanian Swamy to prosecute Raja.
  • 13 September: The Supreme Court asks the government and Raja to reply within 10 days to three petitions filed by the CPIL and others alleging a 70,000 crore (US$8.8 billion) scam in granting telecom licences in 2008.
  • 24 September: Swamy petitions the Supreme Court to order the PM to prosecute Raja.
  • 27 September: The Directorate General of Income Tax Investigation informs the Supreme Court of a probe of firms suspected to have violated the Foreign Exchange Management Act, saying it cannot confirm or deny Raja's involvement.
  • 8 October: The Supreme Court asks the government to respond to the Comptroller and Auditor General report about the case.[100]
  • 21 October: Draft reports from the CAG are presented to the Supreme Court.
  • 29 October: The Supreme Court criticises the CBI for its slowness in investigating the case.[101][102]
  • 10 November: The CAG submits a report on 2G spectrum to the government, stating a loss of 176,000 crore (US$22 billion) to the exchequer.
  • 11 November: The DoT files a Supreme Court affidavit that the CAG lacked the authority to question the 2008 policy decision.
  • 14 November: Raja resigns as telecom minister.[103][104]
  • 15 November: Kapil Sibal placed in charge of Telecom Ministry.[105][106]
  • 20 November: Affidavit on behalf of the PM filed in Supreme Court rejecting the charge of inaction on Swamy's complaint.[107][108][109]
  • 22 November: The CBI and the Directorate General of Income Tax Investigation tell the SC they will file a charge sheet within three months, and the CBI says it will investigate the role of Niira Radia.
  • 24 November: The SC reserves verdict on Swamy's request to the PM to prosecute Raja.
  • 25 November: The SC criticises the CBI for not questioning Raja.
  • 29 November: The CBI files a status report on the probe.
  • 30 November: The SC questions the Central Vigilance Commission's P. J. Thomas' fitness to supervise the CBI probe, since he was Telecom Secretary at that time.[110]
  • 1 December: The SC orders the original tapes of conversations by Radia. Raja questions the CAG findings.
  • 2 December: The government supplies Directorate General of Income Tax Investigation tapes to the SC, which criticises Raja for ignoring the PM's advice to delay the spectrum allocation.
  • 8 December: SC favours including 2001 (when first-come, first-served was the norm for spectrum allocation) in the probe period and asks the government to consider a special court. The Directorate General of Income Tax Investigation reports a money trail covering 10 countries, including Mauritius.
  • 14 December: PIL filed in SC, seeking the cancellation of new telecom licences and 2G spectrum allocated under Raja.
  • 15 December: Swamy petitions a Delhi court for his inclusion as a public prosecutor, saying Raja favoured "ineligible" companies Swan Telecom and Unitech Wireless in allocating spectrum.
  • 16 December: The SC decides to monitor the CBI inquiry.[111][112][113]

2011edit

  • 4 January: Swamy petitions the SC for cancellation of the licenses.
  • 10 January: Supreme Court notifies the government of Swamy's petition, and issues notices to 11 companies which allegedly did not fulfill the roll-out obligations or were ineligible.
  • 30 January: The government's decision to regularise the licenses of companies which failed to meet the deadline is challenged in the Supreme Court.
  • 2 February: Raja, former Telecom Secretary Siddharth Behura and Raja's former personal secretary, R. K. Chandolia, are arrested.
  • 8 February: Raja is remanded to two more days of CBI custody, and Behura and Chandolia are placed in judicial custody. Swan Telecom corporate promoter Shahid Usman Balwa is arrested.
  • 10 February: The Supreme Court asks the CBI to investigate corporations which were beneficiaries of the spectrum allocation. Raja and Balwa are remanded to CBI custody for four more days by a special CBI court.
  • 14 February: Raja's custody is extended by three days, and Balwa's for four.
  • 17 February: Raja is sent to Tihar Jail under judicial custody.
  • 18 February: The Directorate General of Income Tax Investigation questions Kani Mozhi at its Chennai headquarters.
  • 25 February: The Directorate General of Income Tax Investigation tells a Delhi court that Balwa facilitated transactions to Kalaignar TV.
  • 28 February: Raja requests video-conferenced judicial proceedings, saying that he is threatened by other inmates.
  • 1 March: The CBI tells the SC that 63 people are under investigation. Raja appears in CBI court via video-conference.
  • 11 March: The Delhi High Court establishes a special court. Balwa is also allowed to appear via video-conference.
  • 17 March: The SC reserves judgment on licence cancellations, rejecting corporate claims that estoppel cannot be applied to protect illegality.[114][115]
  • 29 March: The SC allows the CBI to file its chargesheet on 2 April instead of 31 March. Asif Balwa and Rajeev Agarwal are arrested.
  • 2 April: The CBI files its first chargesheet.[116][117][118]
  • 25 April: The CBI files a second chargesheet, and Kanimozhi, Sharad Kumar and Karim Morani are summoned.[119][120][121]
  • 6 May: Kanimozhi and Sharad Kumar appear, requesting bail, and Morani requests an appearance exemption on medical grounds.[122][123][124] The SC issues a contempt of court notice to Sahara India Pariwar managing director Subrata Roy and two others for alleged interference in the Directorate General of Economic Enforcement investigation.[125][126]
  • 7 May: The special CBI court reserves judgment on Kanimozhi and Kumar's bail requests.
  • 14 May: The special CBI court postpones judgment on the bail pleas for 20 May.
  • 20 May: The special court refuses Kanimozhi and Kumar's bail requests, ordering their arrest to prevent witness-tampering.[127][128]
  • 8 June: Delhi HC judge Ajit Bharihoke again refuses bail Kanimozhi and Kumar's bail requests.[129][130]
  • 20 June: The SC refuses Kanimozhi's bail request.[131][132][133]
  • 25 July: Arguments begin, with Raja wanting to summon the prime minister and former finance minister P. Chidambaram as witnesses.
  • 26 August: The special CBI court allows Subramanian Swamy to argue his own case, primarily to address possible loopholes in its investigation.[134][135]
  • 30 August: The Directorate General of Income Tax Investigation freezes accounts and attaches properties worth 223 crore (US$28 million) belonging to five companies (primarily related to DB Realty under the Prevention of Money Laundering Act (PMLA)).[136][137]
  • 1 September: The Enforcement Directorate files a status report in Supreme Court of a Foreign Exchange Management Act violation of 100 billion.[138]
  • 15 September: Swamy requests that P. Chidambaram should be charged.[139]
  • 22 September: The CBI defends Chidambaram in the SC, blaming the DoT.
  • 26 September: The CBI requests criminal-breach-of-trust charges for Raja, Chandolia and Behura.[140][141]
  • 19 October: The CBI files a First Information Report against Maran and his brother in the Aircel-Maxis deal.[142][143][144]
  • 10 October: The SC reserves judgment on Swamy's request for a probe of Home Minister Chidambaram's role in the matter.[145][146] The CBI arrests former telecom minister and DMK leader Dayanidhi Maran and his brother, Kalanithi Maran.[147]
  • 22 October: The special CBI court finds prima facie evidence to try the 17 accused (including Raja) on charges including criminal conspiracy, breach of trust, cheating and forgery.[148][149]
  • 3 November: The special CBI court dismisses bail requests of all eight applicants, including Kanimozhi.[150]
  • 8 November: The special court orders CBI to provide Swamy with copies of files on equity sales by telecom companies in its investigation of P. Chidambaram's involvement.[151][152]
  • 9 November: The Delhi HC refuses bail to Karim Morani on health grounds, promising a ruling to the CBI on five other bail requests by 1 December.[153][154]
  • 11 November: Trial of the 17 accused begins in the Patiala House special CBI court.[155][156]
  • 14 November: The United Progressive Alliance government asks the SC to restrain Swamy from publicly accusing the UPA leadership, especially Home Minister P Chidambaram and UPA chair Sonia Gandhi.[157][158]
  • 22 November: The special court moves the trial to the Tihar jail, after a Delhi high-court order.[159][160]
  • Zdroj:https://en.wikipedia.org?pojem=2G_spectrum_case
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