2G: CBI asked to give IO note on transaction of Tata, Unitech

Court allowed the plea of private firm director Rajiv Agarwal and directed the agency to supply a copy of the note to the IT department on March 12

A Delhi court today directed CBI to provide to an accused in the 2G spectrum case a copy of a self-contained note, sent by the chief investigating officer to the Income Tax department in March regarding the alleged Rs 1,700 crore transaction between Tatas and Unitech.     

The court allowed the plea of private firm director Rajiv Agarwal, an accused in the 2G case, and directed the agency to supply a copy of the note, sent by chief investigating officer (IO) Vivek Priyadarshi to the IT department on March 12.     

Agarwal had also sought the report of the Serious Fraud Investigation Office (SFIO), which allegedly questioned the purpose of the Rs 1,700 crore deal in 2007 between Tatas and Unitech group, but the court said the accused is at liberty to summon the document at the defence stage.     

In his application filed through advocate Vijay Aggarwal, Agarwal referred to a recent media report claiming the money was meant to enable the Unitech Group of companies to "pay for telecom licences issued in January 2008" and the transaction was described as "dubious" and "disguised as a land deal".     

He also said that Priyadarshi sent a self-contained note to IT department on transaction between Tata Realty Infrastructure Ltd and Unitech Group in which it was "concluded that there is financial nexus" in the transaction which happened when Unitech applied for telecom licences.     

The court directed the agency to supply the copy of the IO's note to Agarwal at the earliest possible opportunity.     

"Since CBI has no objection to supply copy of the self contained note, referred to above, a copy thereof be supplied to the accused at the earliest possible opportunity. As far as report of SFIO is concerned, the accused is at liberty to summon the same at the defence stage, if so requested by him, though not at this stage," special CBI judge O P Saini said.

During the arguments on the plea today, advocate Aggarwal argued that the IO's note was necessary for the defence of the accused in the case as according to the media report, Tatas had "entirely funded" Unitech to apply for telecom licences.     

He said despite knowing about the entire transaction, the CBI has not investigated the issue.     

Regarding the SFIO report, the counsel said SFIO, Mumbai, had prepared it on the deal between Tata and Unitech Group and it was required for their defence.     

CBI prosecutor K K Goel said he has no objection to the plea seeking copy of IO's note sent to the IT department but the SFIO report was not in the possession of the agency.     

Agarwal and others, including former Telecom minister A Raja, DMK MP Kanimozhi and Unitech Limited Managing Director Sanjay Chandra, are facing trial for their alleged involvement in the 2G case.