The Supreme Court, in a seven-fold direction on Thursday, extended the 2G scam investigation by the CBI and Enforcement Directorate back to 2001 to cover allotment of spectrum during the NDA regime too and asked the income-tax department to hand over a complete analysis of the “Radia tapes” to the CBI as early as possible to speed up the probe.

Since the CBI registered the FIR on October 21, 2009 only against “unknown persons” in the 2G spectrum scam, in which a series of irregularities had been pointed out by the CAG, the agency was directed to register a separate FIR with regard to the allotment of spectrum licences between 2001 and 2007. The fresh FIR would facilitate the “conduct of a thorough investigation with particular emphasis on the loss caused to the public exchequer and corresponding gain to the licensees/service providers and also on the issue of allowing use of dual/alternate technology by some service providers even before the decision was made public vide press release dated 19.10.2007,” said the bench comprising Justices G.S. Singhvi and A.K. Ganguly while rejecting the demand for a probe by a special investigation team (SIT).
As the “Radia tapes” have emerged as strong possible evidence in the 2G scam, the top court directed the director-general of I-T (investigation) to finish the analysis of the tapes’ transcripts as early as possible and hand over the same to the CBI to expedite the probe.
Regarding the 2G scam, the CBI was directed to go deep into the grant of licences by DoT (under former communications minister A. Raja) to a large number of ineligible applicants and find out who was actually “responsible” for the same. It will also probe why Trai (Telecom Regulatory Authority of India) and DoT did not take action against those licensees who sold their “stakes/equities” for many thousand crores of rupees and also against those who failed to fulfil rollout obligations and comply with other conditions of the licence.
Stating that the CBI should go into all aspects of the case “without being influenced by any functionary, agency or instrumentality of the state, and irrespective of the position,” the apex court said the other two probe agencies — ED and the I-T department — “shall continue their investigation without any hindrance or interference by anyone”. In the interest of speedy and fair investigation, the CBI and ED were directed to share information with each other on any point of the probe.
Taking note of media reports on grant of “huge loans” by public sector and other banks to some of the companies which succeeded in obtaining 2G licences in January 2008, the CBI was asked to “find out whether the officers of the DoT were signatories to the loan agreement executed by the private companies, and, if so, why and with whose permission they did so”.
The CBI and ED were given two months to file a status report on the progress of the probe “in a sealed cover” (on February 10, 2011) to enable the court to make an assessment in the process of monitoring the investigation.
The series of directions were issued on a PIL moved by the NGO Centre for PIL and the court said it was “prima facie” satisfied that the allegations contained in the petition and the affidavits submitted by it had “supported” documents produced by the CAG and the CVC.
The top court also made strong observations against the Delhi high court, which had rejected the CPIL’s petition filed earlier with it by its counsel Prashant Bhushan, saying there were strong reasons mentioned in the petition and the high court ought not to have rejected it.
Meanwhile, Union law minister M. Veerappa Moily welcomed the apex court order and said the government had nothing to hide on the 2G spectrum allocation. “We have nothing to hide. That’s why we wanted the Supreme Court to monitor the CBI investigation,” he said, adding that he was happy with the order as the apex court has agreed to the government’s request to monitor the investigation.