The marathon hearing on the bail plea of five corporate honchos jailed in connection with the 2G spectrum case today entered the fifth day in Delhi High Court with three top Reliance ADAG officials claiming that their role in the "massive" scam was "minimal".

"Even if, we take CBI's allegations at their face value, the role of Reliance officials in the so called massive scam was minimal," former Attorney General Soli J Sorabji, appearing for Gautam Doshi, Group Managing Director of Reliance ADAG, told Justice Ajit Bharihoke.

Sorabji, citing from the brief note of the CBI, said the only allegations against the Reliance officials was that they "structured" a front company, Swan Telecom Private Ltd, with an intention to cheat the DoT by bypassing its guidelines on grant of licences.

"Structuring a company is not an offence and moreover, I am not here in the main thing (conspiracy)," he said.

"Look at their records. They have no criminal past, they were not arrested during the probe. These are relevant factors which cannot be thrown in the dustbin," he said, adding, they be not deprived of personal liberty if refusal of bail amounted to awarding punishment.

The stand of Sorabji was supported by senior lawyers Rajiv Nayar and N K Kaul, appearing for Group President Hari Nair and Senior Vice President Surendra Pipara of ADAG.

Besides Reliance officials, Sanjay Chandra Managing Director of Unitech and Swan Telecom Director Vinod Goenka are in jail since April 20 after their bail plea was dismissed by the special court.

The arguments on bail plea of the high-profile accused entered the fifth day and would continue on May 6 when former ASG Mukul Rohatgi, representing Goenka of Swan and CBI prosecutor U U Lalit would conclude their pleas.

Rajiv Nayar, counsel for Nair of Reliance ADAG, said the charge sheet dealt with four aspects of the scam and they are -- cut off date of applications, first-come-first-served policy, spectrum allocation and eligibility of companies.

"We are not accused on three aspects, which caused the so called loss of Rs 30, 984.55 crore. We are accused of creating company, Swan Telecom, which relates to eligibility of companies," he said.

"Just because, we appeared with other co-accused on receiving the summons. We cannot be painted with same brush as our role relate to smaller conspiracy," he said.

"I will not seek any exemption from personal appearance for next three months before the trial court.

Impose any other conditions, I deserved to be granted bail," he concluded. (More) PTI SJK

Initiating the proceedings, noted criminal lawyer Ram Jethmalani, appearing for Sanjay Chandra of Unitech, said, "Let us assume there is some evidence against me, but that is not the sufficient reason for refusal of bail. The evidence should be so overwhelming to believe that the accused may abscond and frustrate the trial."

There was no evidence that the accused played a role in the change of FCFS policy, Jethmalani said.

Meanwhile, the counsel for Surendra Pipara, Group President of Reliance ADAG, informed Justice Bharihoke that his client suffered a massive asthmatic attack inside the courtroom at Patiala House Courts here.

The doctors at the hospital said that they cannot admit the accused unless directed by the court, advocate N K Kaul said.

"The petitioner (Pipara), if necessary, be treated as an in-patient at the hospital," the court said.

Earlier, Sanjay Chandra of Unitech group had claimed that the policy of first-come-first-served policy was backed by the Prime Minister.

"So far as formulation of policy is concerned, I am not the operative cause and the operative cause (for the FCFS policy) is the head of the government," Jethmalani had told the court.

He cited from speeches of Prime Minister in Parliament and at a public function, saying "The poor man, my client, did not persuade the Prime Minister to talk like this."

Recently, CBI, in its second charge sheet, alleged that Swan Telecom and Dynamix Realty Promoters - Shahid Balwa and Vinod Goenka, channelled Rs 200 crore to DMK family-run Kalaignar TV, through Kusegaon Fruits and Vegetables Pvt Ltd and Cineyug Films Pvt Ltd.

The agency, in the first charge sheet filed, had said the money travelled through a "circuitous route" through Kusegaon Fruits and Vegetables Pvt Ltd, a DB group company and Cineyug Films Pvt Ltd, to the Kalaignar TV.

Former Telecom Minister A Raja, along with eight others and three telecom companies, were chargesheeted on April 2.

The agency had alleged that former Telecom Secretary Siddharth Behura, Raja's personal secretary R K Chandolia and Swan Telecom promoter Shahid Usman Balwa and Sanjay Chandra had entered into a conspiracy to manipulate the procedure for allocation of spectrum with an aim to favour companies li