The key prosecution witness in the 2G spectrum auction case on Saturday told the court that GE Vahanvati the then Solicitor General (SG) had been consulted by the department of telecommunications (DoT) in 2009,and had opined that Swan Telecom (STPL),which is now an accused in the 2G spectrum case,had fulfilled all the necessary conditions for licences.
Former DoT deputy director general (Access Services) AK Srivastava told the Special CBI Court that the department had received complaints against STPL from two Members of Parliament regarding alleged violation of clause 8 of the Unified Access Services Licence (UASL) guidelines.
Srivastava told Special CBI Judge OP Saini,that after receiving the complaints,top DoT officials,including former telecom minister A Raja and then telecom secretary Siddharth Behura,had agreed that the file should be sent to the SG for his advice.
A Raja,said Srivastava,had said that instead of sending it through the law ministry,the file should be sent directly to the SG as he was then appearing in a case on a similar issue in the Delhi High Court.
Srivastava testified in court on Saturday that he could identify the signature and a three page note by Vahanvati,where the SG had recorded that the file shows that there has been a full consideration of all relevant material and the conclusion that the applicant fulfilled all the necessary conditions cannot really be faulted.
The CBI in its charge sheet had said that the accused firm Reliance Telecom (RTL) used ineligible firm STPL as its front company to get licences and the sepctrum.
According to the Central Bureau of Investigation (CBI),STPL violated clause 8 of UASL guidelines,which states that,No single company or legal person,either directly or through its associates,shall have 10 per cent or more equity holding in more than one licensee company in the same service area for the same service.
The CBI,in its charge sheet,had said that Shahid Balwa promoted STPL was acting as a front company for Reliance ADAG. Vahanvati has been arrayed as a prosecution witness in the case.
STPL,RTL,Shahid Balwa and three top executives of Reliance ADA group are facing trial in the case along with Raja,Behura and others.