Earlier on February 11, the court had told the CBI that

these telecom firms must have approached the government first for seeking additional spectrum and they must have also passed a resolution in this regard. "These companies must have approached the government (for additional spectrum). Where is the resolution? Show me those documents," it had said adding the firms must have passed a resolution before seeking additional spectrum from Department of Telecom (DoT). It had also told CBI that the case is about the pricing dispute over additional spectrum and the agency should file the documents relating to passing of any such resolution by these companies. The CBI, in its charge sheet, has named the three telecom companies as accused in the case in which DoT had allegedly allocated additional spectrum resulting in a loss of Rs 846 crore to the exchequer. The CBI has not named Jagdish Rai Gupta, a former Deputy Director General (VAS) cell of DoT and a former Director of BSNL, who was named in the FIR, as accused in the case saying "no evidence attributing any criminality on his part or his involvement in the alleged offence has surfaced during the investigation." Regarding Ghosh, the CBI had said that in conspiracy with the then Telecom Minister Pramod Mahajan and accused telecom firms, he abused his official position to show undue favour to the firms causing a loss of Rs 846.44 crore to the exchequer. The CBI, in its charge sheet, had said that the decision regarding allocation of additional spectrum to these telecom firms was taken in "undue haste" in pursuance of the conspiracy hatched by Mahajan, Ghosh and these companies.