2G case: Rel Tel moves HC against charges -Governance Now

2G case: Rel Tel moves HC against charges

Says no material present to prosecute it

PTI | October 24, 2011

Reliance Telecom Ltd (RTL) on Monday moved the Delhi high court for quashing of charges framed against it by a CBI court in 2G spectrum case, saying there is no material to prosecute it.

Challenging the trial court's order charging it with criminal conspiracy, cheating and forgery, the Anil Dhirubhai Ambani Group (ADAG)-led company pleaded that it did not indulge in any wrongdoing and charges framed against it were "wrong".

"No incriminating material has been indicated in the charge sheet or by the prosecution in its submission on the charges," the petition filed by RTL said.

"The charges framed against the petitioner (RTL) had no basis in law. In fact, there is no act or omission attributable to the petitioner that has been indicated in the charges that justify the continuation of criminal proceedings against the petitioner," it said.

"The charges framed as against the accused indicates that there are charges for multiple conspiracies and it is unclear as to how and when the multiple conspiracies took place and also as to how they form a cohesive single conspiracy," it contended.

The trial court in its order had earlier dismissed the contention of RTL that Swan telecom was not its "associate", saying it was, directly or indirectly, holding 100 per cent shares in STPL.

"Its (STPL) source of fund was RCL/RTL (Reliance Communication Ltd/ Reliance Telecom Ltd). Directly or indirectly it was holding 100 per cent shares of STPL as on the date of application.

"The source of funding of STPL was RCL/RTL...As such, STPL was not only an 'associate' but a front, or a facade, for RCL/RTL. In a sense, STPL was RCL/RTL itself and STPL was just a mask for it," the Special CBI judge O P Saini had said.

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