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SC tells CBI just how to conduct 2G investigation
Issues 7-point directive, also wants agency to probe BJP-led NDA tenure
Our Legal Correspondent

New Delhi, December 16
The Supreme Court today issued a seven-point directive to the CBI on the 2G spectrum scam, asking the premier probe agency to conduct a “thorough investigation” into the grant of telecom licences since 2001, when the BJP-led NDA was in power at the Centre, with “particular emphasis” on government’s loss and the corresponding gain to telcos.

The investigation should cover the “serious irregularities” noticed by the Comptroller and Auditor General (CAG) in the grant of 122 licences in 2008, when A Raja was Telecom Minister, in “blatant violation of the terms and conditions” resulting in a huge loss “running into several thousand crores.”

A Bench comprising Justices GS Singhvi and AK Ganguly passed an order to this effect on two petitions filed by the Centre for PIL (CPIL) and Common Cause, challenging Delhi High Court’s rejection of their plea for a CBI probe into the allocation of spectrum in 2008 at 2001 prices. The CAG has estimated the presumptive loss to the government at a mind-boggling Rs 1.76 lakh crore.

The SC said the CBI would conduct the investigation on the basis of the reports of the Central Vigilance Commission (CVC) and CAG. “The CBI should also probe how licences were granted to large number of ineligible applicants and who was responsible for the same and why TRAI (Telecom Regulatory Authority of India) and the DoT (Department of Telecom) did not take action against those licensees who sold their stakes/equities for many thousand crores and also against those who failed to fulfill rollout obligations and comply with other conditions of licence.”

The Bench asked the CBI to conduct the probe “without being influenced by any functionary, agency or instrumentality of the state, irrespective of the position, rank or status of the person to be investigated/probed.”

The CBI would also go into the issue of allowing the use of dual/alternate technology by some service providers even before the decision was made public vide a press note dated 19.10.2007.

The probe would cover the allegation that public sector and other banks granted “huge loans” to some of the companies which had obtained licences in 2008. It would also find out whether the officers of the DoT were signatories to the loan agreement executed by private companies.

The Directorate of Enforcement (ED) and concerned agencies of the Income Tax Department should continue their investigation without any hindrance or interference by any one. The CBI and the ED should share information with each other and ensure that the investigation “is not hampered in any manner whatsoever.”

The Bench directed the Director General of Income Tax (Investigation) to share the transcripts of the intercepted telephonic conversations of corporate lobbyist Niira Radia with the CBI. The CBI and the ED should submit “progress reports” of their investigations to the court in sealed envelopes on February 10, 2001.