The multiple agencies investigating the politically sensitive 2G spectrum scam case have formed a “prima facie” view that the conversation of corporate lobbyist Niira Radia with various persons as recorded by the income-tax department amounted to “criminal conspiracy” against the nation.
This was stated in an affidavit submitted to the Supreme Court by the government on Friday.
The affidavit filed by additional director, income-tax (investigation), in reply to top industrialist Rattan Tata’s petition seeking probe into the “leak” of “Radia tapes” to media, has referred to the correspondence between DG IT and the heads of Intelligence Bureau, Central Bureau of Investigation and Central Board of Direct Taxes (CBDT) to draw such conclusions.
“The DIG Anti-Corruption Bureau of CBI wrote a letter dated November 16, 2009 to the DG IT (Investigation) stating that it has been reliably learnt that certain middlemen including one Ms Niira Radia of M/S Neosis Consultancy were actively involved in the above mentioned criminal conspiracy,” the affidavit said adding the interception of the phones was done with due authorisation from the home secretary “relating to matters involving national security, terrorism, money laundering, corruption, tax evasion and other crimes.”
The CBI DIG wrote the letter to the IT DG while seeking the entire set of the recorded conversation for the purpose of further probe by CBI after it had registered an FIR in October 2009 and wanted complete details about “Ms Radia’s conversation regarding the award of unified access service (UAS) licences (of 2G spectrum) in pursuance of the investigation of IT.”
“Accordingly the IT department shared the information in this case with relevant agencies viz. IB and CBI,” said the affidavit filed by IT (Investigation’s) additional director Sushil Kumar.
“A complaint was received by finance ministry on November 16, 2007 inter-alia alleging that Ms Radia had within a short span of 9 years built up a business empire worth `300 crores, that she was an agent of foreign intelligence agencies and that she was indulging in anti-national activities.” And the ministry consequently ordered probe against her.
The IT department proposed to CBDT on August 19, 2008 for tapping of 14 lines of the phones of Ms Radia and her associates after getting due approval from home secretary under the Indian Telegraph Act and further 5 more lines were put under surveillance from September 29, 2009.
“The total period for which surveillance continued in 2008 was 120 days,” the affidavit said, adding in May 8, 2009 again the need was felt by the IT department to record her phones.
and fresh proposal for tapping 6 lines of her and her associates’ was sought from the Home Secretary on May 11, which continued for 60 days.