Raja’s defence: PM,Chidambaram were in the loop

The sale of equity by accused companies Unitech Wireless and Swan Telecom to Uninor and Etisalat respectively was approved by Prime Minister Manmohan Singh and then Finance Minister P Chidambaram,senior counsel Sushil Kumar said. “The then Finance Minister who is now Home Minister had said before the Prime Minister that dilution of shares to attract FDI does not amount to sale of 2G licence as per the corporate law… Let the Prime Minister deny this… Kis government ne kaha humen chuna lagaya?”

“I had many meetings with the PM while allocating spectrum,” Raja added. “Media reports about the issuance of new licences were discussed by both the PM and FM.”

He defended the policy of not going in for an auction,saying this had been the practice in every successive government. If Raja was being prosecuted for following the policy,then all telecom ministers since 1993 should be in jail,his counsel said.

“Make me a special prosecutor,ukhaad kar laonga saare ministers ko. Imprison all of them… Pramod Mahajan,Arun Shourie,Maran… all followed the policy of no spectrum. Historical facts do not permit you to auction. I was just following the 2003 Cabinet decision that is not to auction 2G spectrum. It’s a policy choice,the government can earn money,it can lose money,” Kumar said.

He said that seven entitites — the Supreme Court,CBI,Enforcement Directorate,Central Vigilance Commissioner,Joint Parliamentary Committee,Public Accounts Committee and Special Court —- were looking into the case and no one had alleged that there was an obligation that led to the decision of not auctioning the licences.

Asking why action had been only taken against Swan Telecom and Unitech Wireless,Raja implicated Tata Teleservices,saying it had also sold its shares.

“Unitech sold 67 per cent equity for Rs 6,120 crore whereas Tata Teleservices got Rs 13,973 crore by selling only 27 per cent equity. Why was Ratan Tata not accused by the CBI?”

“Why are you picking only two… Let the CBI prosecute the man (Tata) who actually diluted the stake worth Rs 14 crore. The only sin of DB Realty and Unitech is that they have got good contacts and brought money from abroad,” he said.

Accusing the CBI of targeting only two companies,the DMK leader said: “S Tel also earned Rs 2,230 crore by diluting its shares but that was not considered as sale by the CBI.”

Denying the charges of conspiracy against him,Raja said: “The CBI says I conspired with Unitech wireless and Swan,but these companies are competing against each other. How is the conspiracy possible then? There would be a conflict of interest… What have I done with Sanjay Chandra? If I gave him something,what did he give me?”

Slamming the CBI contention that the deadline was advanced to September 25,2007,to favour Unitech Wireless, which filed application on September 24,he said: “If I conspired with those who applied on 24,why not I conspired with those who came on 25?”

Terming the CBI investigation absurd,he said: “D S Mathur was Telecom Secretary for 18 months but the CBI did not name him,Behura (co-accused) was there for a just week. He was like a child in the ministry but he has been named in the conspiracy.”

Accusing the CBI of perjury and claiming that the trial was illegal,Raja said: “On July 14,the agency said investigation is over against Raja. Four days later they sought to interrogate me again in connection with Loop Telecom. How can I defend myself untill the investigation is complete? Till the investigation gets over,the trial will remain illegal.”

On an emotive note,Raja urged the judge to “please listen to your conscience” and said: “I will be very happy if Anna Hazare takes up the case and all judges come under the ambit (of Lokpal Bill).”

Raja also challenged the CBI’s figures of the loss to the state exchequer due to the non-auction of the spectrum. “Where is the loss? The PM and the new Telecom Minister have denied there was any loss. Has the Cabinet Secretary come to (determine) the loss?”

He sought bail,rejecting the CBI contention that there was a threat to witnesses. “The entire case is dependent not on witnesses but on documents. Nobody can tamper with documents. Why do not you give us bail then?”

Citing benefits of his policy,he said: “I had a mission,for everyone to provide the facility of phone at cheapest rates. I made the call rates of mobile phone so cheap that even a rickshaw wala can be seen using it. I did my job in public interest. You cannot book me under the Prevention of Corruption Act.”

He will continue his defence on Tuesday.