2G: Reliance executives move Delhi HC

New Delhi: Three top executives of Reliance Telecom Ltd today moved the Delhi High Court challenging the trial court order framing charges against them in the 2G spectrum case.

Justice V K Shali asked Reliance ADAG officials – Group Managing Director Gautam Doshi, Senior Vice President Hari Nair and Group President Surendra Pipara – to file short synopsis in addition to their petition against framing of criminal charges against them in the 2G case.

"You file short synopsis as the order on charge (of the trial judge) is very long," Justice V K Shali said and fixed the matter for further hearing on January 16 next year.

Senior advocate Rajiv Nayar appearing for Doshi, Pipara and Nair, said he does not want the RTL officials` petitions to be tagged with the plea of Rajiv Agarwal and Asif Balwa, co-accused and directors of Kusegaon Fruits and Vegetables Pvt Ltd.

Earlier, Reliance Telecom Ltd (RTL) had moved the high court on October 24, two days after the farming of charges by the trial court, seeking quashing of charges against it in the case involving former Telecom Minister A Raja, DMK MP Kanimozhi and others.

RTL had challenged Special Judge O P Saini`s decision to put it on trial, saying it never held stakes in excess of 9.9 per cent in Swan Telecom and that too was divested prior to the grant of licences in 2008.

RTL had contended that "there was no allegation that these accused (Doshi, Pipara and Nair) ever met, knew or dealt with any public servant." It added they were not involved in the transfer of Swan Telecom to DB Group and hence, the charge of abetment was untenable.

The special court had in its order on charge said that RTL, which was already having CDMA licence, in order to obtain GSM licence in 13 circles, created a "web of companies" in order to conceal the identity of Swan.

The lower court had found prima facie evidence to put RTL on trial under sections 109 (abetment), 120B (criminal conspiracy) and 409 (criminal breach of trust) of the IPC, saying co-accused Shahid Usman Balwa-led Swan Telecom was "just a mask" for RTL.

The high court had issued notice to CBI, seeking its response in this matter, which is to come up now on January 12 next year.