2G scam: CBI to file first chargesheet against Raja, others

An over 80,000 page first chargesheet with annexures will be filed by the Central Bureau of Investigation on Saturday in the 2G spectrum scam case against former Telecom Minister A Raja, some of his close aides and a couple of real estate companies for allegedly defrauding the exchequer and entering into a criminal conspiracy for securing telecom licenses.

Sources said the name of a big industrial house having alleged links with some beneficiaries of the allocation scam may also figure in the first set of charges.

The second set of charges may be levelled in the supplementary chargesheet which is likely to be filed later this month.

The CBI has informed the Supreme Court that telecom companies - Swan Telecom and Loop Telecom - were used as front companies by established telecom players to get 2G spectrum illegally during the tenure of Raja.

The agency had said in the court that Raja will face charges of "cheating, forgery, and corruption". The CBI submitted before the court that Swan and Loop hid details about their companies to get spectrum and they will be facing charges of "cheating" and "criminal conspiracy".

The agency had told the court that there was evidence of "forgery" in altering of first-come-first-serve policy to allow some companies to get 2G spectrum during Raja's tenure.

CBI sources, however, said the extent of loss to the state exchequer may not be included in this chargesheet as the Telecom Regulatory Authority of India was yet to complete the process of ascertaining the loss on allocation of spectrum to all operators between 2001 and 2008.

The chargesheet will be filed in the special court of Justice O P Saini. The CBI had last year informed the apex court that it would be filing the first set of charge sheet by March 31 which will include the investigations made by the agency as well as by the Enforcement Directorate in the case.

But it sought two more days time in the light of some new developments. The agency had arrested brother of Shahid Balwa, Asif and Rajiv Agrawal both promoters of Kusegaon fruit and vegetables private limited

The CBI submitted that they have collected material showing huge cash transaction from D B Realty to Green House Promoters.

Opposing CBI's plea, Agarwal's counsel Vijay Agarwal argued that the agency only wanted to "extort a confession" from his client. "If the accused (Rajiv Agarwal) is remanded to police custody, he may be tortured to confess the crime.... The CBI wants the people to commit suicide like Sadiq Batcha," the lawyer alleged.

He added that the name of Green House Promoters Private Limited is not new and he had already disclosed details about it. Regarding Rajiv Agarwal's link with Green House Promoters Pvt Ltd, his counsel said that it was only a business association.

He said that his client had already been quizzed at length by the agency before his arrest. The CBI, however, said that Agarwal was giving "evasive replies".

"Agarwal has not made a clean breast of it and has given evasive replies. He has also not disclosed the true facts with regard to his association with Green House Promoters Pvt Ltd, Chennai. His custody is further required for sustained custodial interrogation," the CBI said.

Regarding Asif Balwa, the probe agency said that his further interrogation is no more required and he should be sent to judicial custody as he is highly influential and there is likelihood that he may tamper with evidence and records, if released at this stage of the investigation.

Agarwal and Balwa were directors of Kusegaon Fruits and Vegetables Pvt Ltd. Balwa was also Director of DB Realty Pvt Ltd (a partner of Dynamic Realty).

Agarwal and Asif were arrested on March 29 in the 2G spectrum case after CBI had conducted searches at the premises of Dynamic Realty, Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug films Pvt Ltd in Mumbai and claimed to have seized some documents.

Those arrested in the case include former Telecom Minister Raja, his personal aide R K Chandolia, former Telecom Secretary Siddartha Behura, besides Shahid Usman Balwa.

Raja along with Behura and Chandolia were arrested by the CBI on February 2 and Shahid Balwa was arrested from Mumbai on February 8. They are presently in judicial custody.