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All the speculations of profit, loss and no-loss were put to rest
on 2 February 2012 when the Supreme Court of India delivered
judgement on a public interest litigation (PIL) which was directly
related to the 2G spectrum scam. The Supreme Court declared
allotment of spectrum as "unconstitutional and arbitrary" and
quashed all the 122 licenses issued in 2008 during tenure of A.
Raja (then minister for communications & IT from 2007 to
2009) the main official accused in the 2G scam case.[4] The
court further said that A. Raja "wanted to favour some
companies at the cost of the public exchequer" and "virtually
gifted away important national asset."[5] The "zero loss theory"
was further demolished[6] on 3 August 2012 when as per the
directions of the Supreme Court, Govt of India revised the base
price for 5 MHz 2G spectrum auction to INR140 billion (US$2.3
billion), which roughly gives the value of spectrum to be around
INR28 billion (US$470 million) per MHz that is close to the
CAG's estimate of INR33.5 billion (US$560 million) per MHz.[7]
[8]
The original plan for awarding licences was to follow a firstcome-first-served policy to applicants. A. Raja manipulated the
rules so that the first-come-first-served policy would kick in
not on the basis of who applied first for a license but who
complied with the conditions.[9] On 10 January 2008,
companies were given just a few hours to provide their Letters
of Intent and cheques. Those allegedly tipped off by Raja were
waiting with their cheques and other documents. Some of their
executives were sent to jail along with the minister.[9]
Contents
[hide] 1 Background
2 Parties accused of Involvement 2.1 Politicians accused 2.1.1
A. Raja
2.1.2 M. K. Kanimozhi
2.1.3 Pramod Mahajan
3.2 2008
3.3 2009
3.4 2010
3.5 2011
3.6 2012
3.7 2013
Background[edit]
Swan Telecom got the license even though it did not meet
eligibility criteria.[16] Swan got license for INR15.37 billion
(US$260 million) and then it sold 45% stake to UAE-based
company Etisalat for INR42 billion (US$700 million).[16] Unitech
Wireless, a subsidiary of the Unitech Group, got license for
INR16.61 billion (US$280 million) and later sold 60% stake for
INR62 billion (US$1.0 billion) to Norway-based company Telenor.
[16]
Name of Company
Remarks
Politicians accused[edit]
A. Raja[edit]
Political career Political party DMK, four times Member of
Parliament, present constituency Nilgiris, Tamil Nadu, former
Union Minister of State (Rural Development 1999), former
Union Minister of State (Health and Family Welfare 2003),
former Union Cabinet Minister (Environment & Forests 2004),
former Union Cabinet Minister (Communication and Information
Technology 2007 & 2009)[31][32][33][34]
Allegation In a joint investigation report prepared by Central
Bureau of Investigation (CBI) and Income Tax Department the
agencies allege that A. Raja could have received INR30 billion
(US$500 million) as bribe for bringing forward the cut-off date
for applications for spectrum from the initial 1 October 2007 to
25 September 2007.[35][36] The deadline switch eliminated
many applications, enabling Raja to favour a few with
spectrum.[35][36] The agencies also alleged that he used bank
accounts under his wife's name in Mauritius and Seychelles to
channelise the kickbacks he received.[37] A chargesheet filed
by CBI alleges that Raja conspired with the accused, subverted
the first-come first-served (FCFS) policy and waywardly
redefined it to ensure that Swan and Unitech got 2G licences.
[38] He didn't auction the 2G spectrum or adopt some other
market-determined methodology to determine its real valuation
M. K. Kanimozhi[edit]
Political career Daughter of five-time Chief Minister of Tamil
Nadu, M. Karunanidhi. Political party DMK. She is a member of
parliament, representing Tamil Nadu in the Rajya Sabha (the
upper house of Indian Parliament).[48][49]
Allegation As per the chargesheet filed by CBI Kanimozhi has
20% stake in her family owned Kalaignar TV, her step-mother
Dayalu Ammal owns 60% stake in the same channel.[50] CBI
alleges that Kanimozhi was an "active brain" behind the
channel's operations[50] and she worked along with former
telecom minister A. Raja to get DB Realty promoter Shahid
Balwa to circuitously route INR2 billion (US$33 million) to
Kalaignar TV.[51] According to CBI, Kanimozhi was in regular
touch with A Raja regarding launching of Kalaignar TV channel
and its other pending works.[51] CBI alleges that A Raja was
further pursuing the cause of Kalaignar TV not only for getting
registration of the company from Ministry of Information and
Broadcasting but also for getting it in the DTH operator TATA
Sky's bouquet. She was also summoned by the Income Tax
Department, Chennai for alleged tax evasion charges.[51]
Pramod Mahajan[edit]
Bureaucrats accused[edit]
Siddharth Behura[edit]
Designation Telecom Secretary when licenses were granted.
[27][57]
Allegation According to the chargesheet filed by CBI, Behura
conspired with A. Raja and several other accused. CBI alleges
RK Chandolia[edit]
Designation Raja's private secretary when licenses were
granted.[27][62]
Allegation As per the chargesheet filed by CBI, like Behura,
Chandolia too conspired with A. Raja and several other
accused. The agency alleges that when the application deadline
time was declared as between 3:30 pm to 4:30 pm, Chandolia
along with Behura allegedly shut counters to physically block
other telecom companies.[16]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120 B,
cheating under section 420 & forgery under sections 468 and
471. Booked under the Prevention of Corruption Act[27]
Status Taken into custody (arrested) by CBI on 2 February
2011.[41] Granted bail by the special CBI court 1 December
2011 but on 2 December 2011 High Court took suo motu notice
of newspaper reports of the bail granted to Chandolia and
stayed it.[63] Chandolia appealed against High Court order in
Sanjay Chandra[edit]
Designation Former MD, Unitech Wireless[27]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420 & forgery under sections 468 and
471. Booked under the Prevention of Corruption Act[27]
Allegation Ex-CBI prosecutor AK Singh was implicated in a
taped conversation, sharing legal strategy and secret
information with the accused, Chandra.[65][66]
Status Taken into custody by CBI on 20 April 2011,[67][68]
granted bail on 24 November 2011.[69] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Gautam Doshi[edit]
Designation Group MD, Reliance Anil Dhirubhai Ambani
Group[27]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420 & forgery under sections 468 and
471. Booked under the Prevention of Corruption Act[27]
Status Taken into custody by CBI on 20 April 2011,[67]
granted bail on 24 November 2011.[69] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Hari Nair[edit]
Designation Senior vice-president, Reliance Anil Dhirubhai
Ambani Group[27]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420 & forgery under sections 468 and
471. Booked under the Prevention of Corruption Act[27]
Status Taken into custody by CBI on 20 April 2011,[67]
granted bail on 24 November 2011.[69] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Surendra Pipara[edit]
Designation Senior vice- President, Reliance Anil Dhirubhai
Ambani Group[27]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420 & forgery under sections 468 and
471. Booked under the Prevention of Corruption Act[27]
Status Taken into custody by CBI on 20 April 2011,[67]
granted bail on 24 November 2011.[69] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Vinod Goenka[edit]
Shahid Balwa[edit]
Designation Promoter, DB Realty & Swan Telecom[27]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant Criminal conspiracy under section 120-B,
cheating under section 420, forgery under sections 468 and
471 & fabrication of evidence under section 193. Booked under
the Prevention of Corruption Act.[27]
Status Taken into custody by CBI on 8 February 2011,[70]
granted bail on 29 November 2011.[71] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Rajiv Agarwal[edit]
Designation Director, Kusegaon Fruits and Vegeta[27]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420, forgery under sections 468 and
471, fabrication of evidence under section 193. Booked under
Prevention of Corruption Act[27]
Status Taken into custody by CBI on 29 March 2011,[72]
granted bail on 28 November 2011.[73] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Sharath Kumar[edit]
Designation managing director, Kalaignar TV[27]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420, forgery under sections 468 and
471 & fabrication of evidence under section 193. Booked under
Prevention of Corruption Act[27]
Status Taken into custody by CBI on 20 May 2011,[74] granted
bail on 28 November 2011.[75] As of August 2012, trial is being
conducted in Special CBI Court.[47]
Ravi Ruia[edit]
Designation Vice-chairman, Essar Group[76][77]
Anshuman Ruia[edit]
Designation Director, Essar Group[76][77]
Charges Criminal conspiracy under section 120 B & cheating
under section 420 of Indian Penal Code.[76][77]
Status Not taken into custody yet.[78] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Vikas Saraf[edit]
Designation Director for strategy and planning, Essar
Group[76][77]
Charges Criminal conspiracy under section 120 B & cheating
under section 420 of Indian Penal Code.[76][77]
Status Not taken into custody yet.[78] As of August 2012, trial
is being conducted in Special CBI Court.[47]
IP Khaitan[edit]
Designation Promotor, Loop Telecom[76][77]
Charges Criminal conspiracy under section 120 B & cheating
under section 420 of Indian Penal Code.[76][77]
Status Not taken into custody yet.[78] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Kiran Khaitan[edit]
Designation Promotor, Loop Telecom[76][77]
Charges Criminal conspiracy under section 120 B & cheating
under section 420 of Indian Penal Code.[76][77]
Status Not taken into custody yet.[78] As of August 2012, trial
is being conducted in Special CBI Court.[47]
Karim Morani[edit]
Designation (Promoter and director, Cineyug Films)[27]
Allegation In the chargesheet filed by Income Tax Department
the agency alleged that Karim Morani owned Cineyug Films was
a part of the circuitous route used by another accuse Shahid
Balwa to transfer illegal gratification[79] of INR2 billion (US$33
million) to Kalaignar TV of which Kanimozhi, was a director.[79]
According to the chargesheet, Shahid Balwa and Vinod Goenka,
promoters of DB Realty transferred INR2092.5 million (US$35
million) to Kusegaon Fruits and Vegetables of which Shahid
Balwa's younger brother Asif Balwa was a director.[79][80]
Kusegaon Fruits & Vegetables then transferred a sum of INR2
billion (US$33 million) to Cineyug Films whose promoter Karim
Morani transferred it to Kalaignar TV[79]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420, forgery under sections 468 and
471, fabrication of evidence under section 193. Booked under
the Prevention of Corruption Act[27]
Status Taken into custody by CBI on 30 May 2011,[81] granted
bail on 28 November 2011.[75] As of August 2012, trial is being
conducted in Special CBI Court.[47]
Corporations accused[edit]
Unitech Wireless[edit]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420 & forgery under sections 468 and
471. Booked under the Prevention of Corruption Act.[27]
Status As of August 2012, trial is being conducted in Special
CBI Court.[47]
Reliance Telecom[edit]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420, forgery under sections 468 and
471. Booked under the Prevention of Corruption Act[27]
Status As of August 2012, trial is being conducted in Special
CBI Court.[47]
Swan Telecom[edit]
Charges Criminal conspiracy to cause criminal breach of trust
by a public servant, criminal conspiracy under section 120-B,
cheating under section 420, forgery under sections 468 and
471. Booked under the Prevention of Corruption Act[27]
Media role[edit]
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
had 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 the launch of a probe
in 2010.[88]
2007[edit]
May 2007: A Raja takes over as Telecom Minister.[89]
August 2007: Process of allotment of 2G spectrum for telecom
along with Universal Access Service (UAS) Licences initiated by
the Department of Telecommunications (DoT).
25 September 2007: Telecom Ministry issues press note fixing
deadline for application as 1 October 2007.
1 October 2007: DoT receives 575 applications for UAS licences
of 46 companies.[90]
2 November 2007: The prime minister writes to Raja directing
him to ensure allotment of 2G spectrum in a fair and
transparent manner and to ensure that licence fee was properly
revised. Raja writes back to the prime minister rejecting many
of his recommendations.
22 November 2007: Finance Ministry writes to DoT raising
concerns over the procedure adopted by it. Demand for review
rejected.
2008[edit]
10 January 2008: DoT decides to issue licences on first-comefirst-serve basis, advancing the cut-off date to 25 September,
from 1 October 2007. Later on the same day, DoT posted an
announcement on its website saying those who apply between
2009[edit]
4 May 2009: An NGO Telecom Watchdog files complaint to the
Central Vigilance Commission (CVC) on the illegalities in the
spectrum allocation to Loop Telecom.
19 May 2009: Another complaint was filed to the CVC by Arun
Agarwal, highlighting grant of spectrum to Swan Telecom at
throwaway prices.
2009: CVC directs CBI to investigate the irregularities in
allocation of 2G spectrum.
1 July 2009: Delhi HC holds advancing of cut-off date as illegal
on a petition of telecom company S-Tel.[96]
21 October 2009: CBI registers a case and files an FIR against
"unknown officers of DoT and unknown private
persons/companies under various provisions of IPC and
Prevention of Corruption Act.
22 October 2009: Directorate General of Income Tax
Investigation raids DoT offices.[97][98][99]
16 November 2009: CBI seeks details of tapped conversation of
corporate lobbyist Niira Radia to find out involvement of
middlemen in the grant of spectrum to telecom companies. It
has sought help from the Directorate General of Income Tax
Investigation regarding information on Ms. Nira Radia of M/s
Noesis Consultancy and records pertaining to middlemen
regarding award of 2G spectrum licences
2010[edit]
13 March 2010: SC upholds Delhi HC verdict on cut off date
advancement as illegal[100][101]
31 March 2010: CAG says that there was large scale
irregularities in the spectrum allocation .
2 April 2010: CBI DIG (Investigations) Vineet Agarwal IRS and
Director General of Income Tax (Investigations) Milap Jain IRS,
who were investigating the case, transferred. Milap Jain was
transferred as Director General of International Taxation.[102]
6 May 2010: Telephonic conversation between Raja and Niira
Radia taped by the Directorate General of Income Tax
Investigation made public by the media.[103]
May 2010: NGO Centre for Public Interest Litigation moves the
Delhi High Court seeking investigation into the scam by SIT.
25 May 2010: Delhi HC dismisses the petition.
August 2010: Appeal filed in the Supreme Court against the
High Court's order.
18 August 2010: HC refuses to direct the prime minister to
decide on a complaint by Janata Party chief Subramanian
Swamy seeking sanction to prosecute Raja for his involvement
in 2G scam.
13 September 2010: SC asks government, Raja to reply within
10 days to three petitions filed by CPIL and others alleging
there was a INR70000 crore (US$12 billion) scam in the grant of
telecom licences in 2008.
24 September 2010: Swamy moves SC seeking direction to the
PM to sanction prosecution of Raja.
27 September 2010: Directorate General of Income Tax
Investigation informs SC of probe against firms suspected to
have violated FEMA. Says can't deny or confirm now Raja's
involvement in the scam.
2011[edit]
4 January 2011: Swamy moves SC seeking cancellation of 2G
spectrum licenses.
10 January 2011: Supreme Court issues notice to Centre on the
plea seeking cancellation of 2G licenses. Also issues notices to
11 companies which allegedly did not fulfill the roll-out
obligations or were ineligible.
30 January 2011: Government's decision to regularise licenses
of the companies which failed to meet the deadline for roll-out
obligation challenged in the Supreme Court.
2 February 2011: Raja, former Telecom Secretary Siddharth
Behura and Raja's former Personal Secretary R K Chandolia
arrested and next day they were remanded in CBI custody.
8 February 2011: Raja remanded to two more days of CBI
custody. Behura and Chandolia sent to judicial custody.
8 February 2011: Shahid Usman Balwa, promoter of Swan
Telecom, arrested by CBI.
10 February 2011: SC asks CBI to bring under its scanner
corporate houses which were beneficiaries of the 2G spectrum.
Raja remanded to CBI custody for four more days by a special
CBI court along with Balwa.
14 February 2011: Raja's CBI custody extended for three more
days. Balwa's custody extended for four days.
17 February 2011: Raja sent to Tihar Jail under judicial custody.
18 February 2011: Directorate General of Income Tax
Investigation questions Kani Mozhi in Chennai Headquarters.
24 February 2011: Directorate General of Income Tax
Investigation tells a Delhi court that Balwa facilitated
transaction to Kalaignar TV.
2012[edit]
2 February: The Supreme court of India cancelled all 122
licenses allotted by A Raja and imposed Rs 50 million
(US$1,018,122) fine on Unitech, Swan and Tata Teleservices. It
also imposed a fine of Rs 5 million on Loop Telecom Pvt Ltd, STel, Allianz Infratech and Sistema Shyam Tele Services Ltd. It
also asked trial court to decide whether Home Minister P
Chidambaram should be made co-accused in 2G scam.[180]
[181]
4 February: The special court of justice O.P Saini dismissed the
plea of Subramanian Swamy to make then Finance Minister P.
Chidambram as co-accused in the 2G scam.[182]
8 February: ED and Directorate General of Income Tax
Investigation registers money laundering case against DMK
leader Dayanidhi Maran[183] and his brother Kalanithi Maran
for allegedly receiving illegal gratification of about INR 5.5
billion in the Aircel-Maxis deal.[184]
9 February: Essar Group and Loop Telecom approach Supreme
Court against its trial before Special CBI Court in 2G case.[185]
[186]
15 February: Supreme Court refused to grant interim stay on
the summonses issued against Essar Group, Loop Telecom and
their officials by a special CBI court to appear before it on 22
February for their alleged involvement in a 2G spectrum scam.
[187]
22 February: CBI lodges strong protest with CVC on the "dirty
tricks" of certain Directorate General of Income Tax
Investigation to intimidate and threaten crucial witnesses in the
2G case allegedly at the behest of DMK's Minister of State
(Finance) SS Palanimanickam. Dr. Swamy said he would
approach Supreme Court on this matter.[188]
23 February: Subramanian Swamy files petition in Supreme
Court challenging trial court's order which had dismissed
2013[edit]
20 April: Senior MP of the Communist Party of India Gurudas
Dasgupta accused Manmohan Singh of "dereliction of duty",
alleging that the PM was fully aware of irregularities in
Licenses quashed[edit]
The Supreme Court said in its order that then telecom minister
A. Raja "wanted to favour some companies at the cost of the
Name of company
GTEL_Teleservice
Response to scam[edit]
Opposition demands Joint Parliamentary Committee (JPC) As
soon as the Indian media started citing Comptroller and Auditor
General of India's report which pegged the loss at INR 1.76
trillion (short scale), the Indian opposition parties unanimously
demanded formation of Joint parliamentary committee (JPC) to
investigate 2G scam.[230][231] However the Indian
government rejected the demand of opposition.[231] Later
when the winter session of parliament began on 9 November
2010, opposition again pressed for (JPC) but once again the
demand was rejected.[231] The opposition's demand for (JPC)
gained further momentum when Comptroller and Auditor
General of India's report was tabled in Parliament on 16
November 2010.[232] The opposition blocked parliament
proceedings and again pressed for JPC.[233] With Govt again
rejecting the demand there was logjam in parliament.[234]
Speaker of the Lok Sabha, Meira Kumar tried to break the
logjam but her efforts didn't bear any fruit.[235] Finally the
winter session of parliament concluded on 13 December 2010 .
The plan was to introduce 22 new bills, take up 23 pending bills
for consideration and passing and withdraw three bills but that
didn't happen because the parliament was allowed to function
for only 9 hours.[236] In February 2011, after resisting the
Opposition demand for over three months, the government
finally agreed to constitute a Joint Parliamentary Committee
(JPC) to probe the 2G spectrum allocation issue. The
government announced it formally on 22 February 2011.[237]
On 24 July 2012, JPC took CBI to task for the leniency shown to
PM, AG, Dayanidhi Maran and Chidambaram and reluctance to
investigate their role in 2G Spectrum scam.[238] Recently after
questioning former telecom minister Dayanidhi Maran, his
brother Kalanithi and the head of Maxis Communications, CBI
alleged that Maran brothers have accrued illegal gratification of
Rs 5.50 billion by purchase of Sun Direct TV share at highly
"inflated prices".[239]
which was higher than the 3G value of Rs. 167.50 billion for 5
MHz used by the CAG for arriving at a [loss] figure of 1,760
billion. It concluded by saying that it was only examining the
"implementation of policy" and that the policy making was
government's prerogative.[244]
Among the Lok Sabha MPs who will be part of the committee,
eight are from Congress and four from BJP.
Name
Party
P. C. Chacko Congress
Manish Tewari Congress
Nirmal Khatri Congress
Adhir Ranjan Chowdhury Congress
T. R. Baalu Dravida Munnetra Kazhagam
Kalyan Banerjee Trinamool Congress
Jaswant Singh BJP
Yashwant Sinha BJP
Harin Pathak BJP
Gopinath Munde BJP
Sharad Yadav Janata Dal (United)
Dara Singh Chauhan Bahujan Samaj Party
Akhilesh Yadav Samajwadi Party
Gurudas Dasgupta Communist Party of India
Arjun Charan Sethi Biju Janata Dal
M. Thambi Durai All India Anna Dravida Munnetra Kazhagam
See also[edit]
External links[edit]
Transcripts : The Radia Tapes contains all the leaked audio
transcripts between corporate lobbyist Nira Radia and other
high-profile people.
2G Scam: In the dock (in pictures:HT)
Case Study on the Supreme Court Ruling on the 2G Spectrum
Scam
References[edit]
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