‘Priority Policy was Backed by PM’

Jethmalani cites speeches made by PM to support the claim

The lawyer for Unitech MD Sanjay Chandra who is in judicial custody over his alleged role in the 2G spectrum scam, on Monday told the Delhi High Court that the telecom policy under which several companies including Unitech Wireless were given mobile permits, was backed by Prime Minister Manmohan Singh.
Citing speeches made by Prime Minister in Parliament and in a public function, noted criminal lawyer Ram Jethmalani, appearing for Chandra said the head of the government had endorsed the first-come-first-serve (FCFS) policy that was used by former telecoms minister A Raja to award mobile permits in 2008.
"The poor man, my client, did not persuade the Prime Minister to talk like this," Mr Jethmalani said while arguing for bail for Chandra who, along with four other corporate bigwigs, has been arrested in connection with the scam.
Mr Jethmalani also dismissed the CBI's arguments that Chandra had entered into a criminal conspiracy with officials from the telecom ministry including former telecom minister A Raja and his personal secretary R K Chandolia and secured licences for eight Unitech group companies and also made profits from selling from selling stake in the company. He said his client had not 'made a kill but had been been killed.
"My case is on different footing as I did not sell a single share and, in fact, incurred loss of around . 10,000 crore," Mr Jethmalani added.
The CBI in its chargesheet said promoters of Unitech Wireless had gained . 2,342 crore, the maximum amongst all companies accused in the scam.
Following the arguments, the Delhi High Court adjourned hearing bail pleas of Chandra, Swan Telecom director Vinod Goenka and three officials of Reliance Anil Dhirubhai Ambani Group — Gautam Doshi, Surendra Pipara and Hari Nair — till Wednesday. Mr Jethmalani also contended that the cutoff date was changed to favour other companies and not Unitech Wireless and added that AK Srivastava, telecom department's deputy director general, was an accomplice and should be an accused rather than a witness.
He also added that Mr Srivastava had recorded his statements with CBI ten times during the investigation and there was therefore was every reason to "disbelieve" him as he was a "pardoned accomplice". "The very first statement of Srivastava was recorded one year after the registration of the FIR on October 21, 2009, and this delay is sufficient to discredit his statement. The story he is making out is a totally false story," he said and cited various judgements to support his claim. The CBI had accused Raja of conspiring with DoT officials and executives of Swan and Unitech to change the cut off date retrospectively.
Despite publicly announcing cut off date as October 1, 2005 for applying for mobile permits, Raja changed this retrospectively to September 25, 2007, resulting in only eight Indian companies including Swan Telecom, Loop and Unitech Wireless being eligible to obtain these mobile permits. But Jethmalani said Chandra was not linked with the former telecom minister's decision to alter the cut-off date.
Blame Game

• Mr Jethmalani dismissed
the CBI's arguments that Chandra had entered into a criminal conspiracy with officials from the telecom ministry

• Mr Jethmalani contended that the cut-off date was changed to favour other companies and not Unitech Wireless

• He also added that
Mr Srivastava had recorded his statements with CBI during the investigation and there was reason to "disbelieve" him as he was a "pardoned accomplice"