Thaindian News

New Delhi, May 4 (IANS) Charges against Gautam Doshi of Reliance Anil Ambani Group in the second generation (2G) telecom spectrum case is baseless and denial of bail goes against his personal liberty, his counsel Soli Sorabjee said Wednesday.

“By not allowing him bail, the court is curtailing the personal liberty of my client. It means now my client’s liberty merely hangs on prosecution’s whims and fancy,” Sorabjee, former attorney general and solicitor general of India, told the Delhi High Court.

He said Swan Telecom, in which his client’s company is alleged to have invested money, was floated much before the Central Bureau of Investigation (CBI) alleged a conspiracy was hatched by Doshi and associates to apply for telecom spectrum and license.

Sorabjee also sought to bring to the court’s attention that the probe agency had alleged the conspiracy was hatched by his client and his associated in November 2007, but the firm, Swan Telecom, was incorporated much earlier in 2006.

“Structuring of a company is not a crime for which I may be put behind bars,” said counsel, pointing out that the stake of 9.99 percent, picked up by Reliance Telecom in Swan Telecom, was below the upper limit set by the government.

“Look at the admitted facts. There is no criminal record against my client. During the investigations he was not arrested. He fully cooperated with the agency. He is not a bureaucrat or politician. So there is no question of tampering with evidence,” he said.

Doshi was named co-accused along with four others: Vinod Goenka of Swan Telecom, Sanjay Chandra of Unitech, and two officials of the Anil Ambani Group: Surendra Pipara and Hari Nair.

Justice Ajit Bharihoke later heard counsels for Nair and Pipara, who both spoke on the same lines as Sorabjee, and said he would resume the hearings Friday after lunch.

Counsel Rajiv Naiyer for Nair and counsel N.K. Kaul for Pipara also took up the date of floating of Swan Telecom and the period from which the probe agency said a conspiracy was hatched, to demand immediate bail for their clients.

The CBI had named the five co-accused, along with the former telecom minister A. Raja, his aide R.K. Chandolia, former telecom secretary Siddhartha Behura and Swan Telecom promoter Shahid Balwa.

Later, the probe agency also named Tamil Nadu Chief Minister M. Karunanidhi’s daughter Kanimozhi as co-conspirator in the case, while his wife Dayalu Ammal was listed as a witness.

A sitting Rajya Sabha member, Kanimozhi was named co-conspirator along with Sharad Kumar of Kalaignar TV, Karim Morani of Cineyug Films, and Asif Balwa and Rajiv B. Agarwal of Kusegaon Realty.

Among the accused, Raja, Chandolia, Behura, Shahid Balwa, Asif Balwa, Agarwal, Goenka, Chandra, Doshi, Nair and Pipara are in judicial custody.