SC clears decks for 2G cases during NDA regime

The Supreme Court yesterday directed the Central Bureau of Investigation (CBI) to go by its outgoing Director A P Singh's view on the prosecution of telecom companies, their officials and public servants on irregularities in the allocation of 2G spectrum during the NDA regime, when the late Pramod Mahajan was the telecom minister.

The apex court paved the way for the agency to file a chargesheet in the case in which a first information report was lodged against the then telecom secretary Shyamal Ghosh and deputy director general (value added services) J R Gupta and unnamed officials of Bharti Cellular (now known as Bharti Airtel), and Hutchinson Max and Sterling Cellular (now known as Vodafone Essar) in November 2011. Mahajan, who died in 2006, can't be chargesheeted, but his name will be mentioned, CBI officials said.

The delay in filing the chargesheet was due to a difference of opinion between the CBI director, who was of the view that those named in the FIR should be prosecuted, and the agency's director (prosecution), who disagreed with him.

The matter was referred to attorney general G E Vahanvati for his opinion and he gave his view to the CBI, which was placed in a sealed cover before a bench comprising Justices G S Singhvi and K S Radhakrishnan.

After perusing the report, the bench directed the CBI to go by the view of its director in taking further action on the allocation of spectrum between 2001-03, when Mahajan was the telecom minister.

"We are of the opinion that CBI will take action in accordance with the view expressed by CBI Director against some persons and companies," the bench said.