CBI concealed documents on TRAI's recommendations: Court

CBI's allegation that Department of Telecommunications (DoT) had not obtained the required recommendation from TRAI prior to allocation of additional spectrum could not stand judicial scrutiny with a special court today pulling up the agency for concealing material documents from it.
The court said that CBI had concealed documents regarding two previous TRAI recommendations on the issue by initially dubbing it as unrelied upon and that it was done to "distract" the court's attention at the time of taking cognisance of the charge sheet.
"I find myself in agreement with the defence counsel that TRAI recommendations were already there and DoT was not required to ask for fresh recommendations," Special CBI Judge O P Saini said while discharging ex-telecom secretary Shyamal Ghosh and the three telecom firms in the case.

"This view is further strengthened by the conduct of prosecution in concealing these two recommendations in documents which were initially dubbed as unrelied upon with a view to distract the attention of the court at the time of taking cognisance of the case and at subsequent stages also," the court said.
The court's observations assume significance as CBI, in its charge sheet, had alleged that before passing January 31, 2002 order regarding allocation of additional spectrum, DoT was required to obtain recommendations of Telecom Regulatory Authority of India (TRAI) about quantum of additional spectrum to existing operators as well as the charges to be levied.

During the arguments on framing of charges in the case, CBI's allegations were countered by the accused, saying TRAI recommendations of June 23, 2000 and October 24, 2000 were already there.