Additional spectrum: Court to pass order on charge on October 7

A special 2G court today fixed October 7 for pronouncing its order on framing of charges in the 2002 additional spectrum allocation case in which ex-Telecom Secretary Shyamal Ghosh and three telecom firms are accused.

Special CBI judge O P Saini, who was scheduled to pass the order today, deferred it.

"The order is not ready. Put up for order on October 7," the judge said, adding, "it may be tentative (on October 7) as the records of the case are so voluminous."

Besides order on charges, the court would also pass the order on the bail plea of Ghosh on October 7.

Ghosh and three telecom companies -- Hutchison Max(P) Ltd, Sterling Cellular Ltd and Bharti Cellular Ltd -- were charge sheeted by CBI in the case relating to Department of Telecommunications (DoT) allocating additional spectrum that had allegedly led to a loss of Rs 846.44 crore to the exchequer.

Ghosh, a 1965 batch retired IAS officer, was the Telecom Secretary between February 7, 2000 and May 31, 2002.

CBI had earlier argued that Ghosh had given additional spectrum to the telecom companies at "throwaway prices" causing a huge loss to the exchequer.

Ghosh had countered CBI's arguments, saying private firms were not the only beneficiaries of surplus radio waves, but state-run MTNL and BSNL had also benefitted.

He had claimed that it cannot be said that allocation was done primarily to benefit private companies and asserted that he had not abused his official position in any manner.

Similarly, the accused firms had also countered CBI's loss theory, saying they were allotted "spare radio waves" which would have caused gain to the government.

In its charge sheet, CBI had alleged that Ghosh had "deliberately" and with "malafide intention" did not obtain comments of then Member (Finance) of DoT on the issue despite the matter involving huge "financial implications".

All the accused have been charge sheeted for the alleged offence of criminal conspiracy (section 120-B) of the IPC and under provisions of the Prevention of Corruption Act.