Surplus spectrum given as per govt policy: Ex-Telecom Secy

Former Telecom Secretary Shyamal Ghosh, who was chargesheeted in the 2002 additional spectrum allocation case, today told a Delhi court that his decision to give surplus radio waves was in line of the government policy and no criminal offence was committed by him.
Advancing arguments on framing of charges, Ghosh's counsel said there was no violation of government policy on spectrum and his decision was identical to the policy existing then.
"The order passed by Ghosh was perfectly in line of the government's policy. It was identical and in parity to the government's policy," senior advocate Sukumar Pattjoshi, who appeared for Ghosh, told Special CBI Judge O P Saini.

The counsel also argued that "no criminal charge was made out against Ghosh and atmost it could be termed as dereliction of duty".
CBI had yesterday argued that Ghosh had given additional spectrum to telecom companies at "throwaway prices" causing a huge loss to the exchequer.
Special Public Prosecutor (SPP) Anand Grover had argued that Ghosh entered into a conspiracy along with then Telecom Minister Pramod Mahajan, unknown persons of the ministry and telecom firms.

He had contended that telecom companies -- Hutchison Max (P) Ltd, Sterling Cellular Ltd and Bharti Cellular Ltd -- which are also accused in the case, were involved in conspiracy in getting the additional spectrum.

Arguing that an offence under Prevention of Corruption Act was made out against Ghosh, the prosecutor had alleged that the allocation of additional spectrum was "gratification" and after he retired in May 2002, he was rewarded with a lucrative post for three years which was "specially created for him".
Ghosh was the Telecom Secretary between February 7, 2000 and May 31, 2002. Post-retirement, Ghosh had become the Administrator of the Universal Service Obligation Fund under DoT, a post he occupied till May 2005.