Charges framed against Raja, 16 others in 2G case

New Delhi: Former telecom minister A Raja, DMK MP Kanimozhi along with 12 other people and three companies, who have been accused in the 2G spectrum allocation scam case, will be charged under Indian Penal Code Section 409 (criminal breach of trust by public servant, or by banker, merchant or agent). The maximum punishment if convicted for criminal breach of trust is life term while the minimum punishment is seven years in prison.

Special Judge OP Saini found prima facie evidence against all the 17 accused and passed an order charging them under criminal breach of trust during the hearing on Saturday at the Patiala House Court. All other charges levied by the Central Bureau of Investigation (CBI) have also been upheld, including abetment to illegal gratification against Kanimozhi.

All the 17 accused pleaded not guilty to the charges.

Raja, and former telecom secretary Siddharth Behura have been charged with criminal breach of trust under Section 409 as they are public servants. The other 15 accused including Kanimozhi and Raja's former personal secretary RK Chandolia have been charged with with criminal conspiracy to ensure criminal breach of trust under Indian Penal Code Section 120 (b) (punishment of criminal conspiracy) read with 409.

The order is a huge setback for all the accused as the court ordered that Section 409 has been upheld against them.

Raja and Behura have been charged not only under Section 409 but also Sections 420 (cheating and dishonestly inducing delivery of property), 120(B), 468 (forgery for purpose of cheating), Sections 7 and 11 of Prevention of Corruption Act.

All the accused have been charged with cheating, criminal conspiracy, forgery, accepting illegal gratification and criminal breach of public trust.

The corporate executives and business tycoons have been slapped with Indian Penal Code Section 192 (falsification of charges) as well.

Telecom companies Reliance Telecommunication, Unitech Wireless Pvt Ltd (Tamil Nadu) and Swan Telecom, which is now called DB Etisalat, have been charged with criminal conspiracy and abetment in the case. The companies can be slapped with a steep fine if the charges of criminal conspiracy, forgery and cheating are proved.

The CBI filed its first chargesheet seven months ago, in which it called Raja the mastermind. He has been in jail since his arrest on February 2. The CBI has also named some of the biggest corporate executives and companies in the country in the 2G spectrum allocation scam.

There are a total of 17 accused in the 2G spectrum allocation scam case. They are former telecom minister A Raja, former telecom secretary Siddharth Behura, Raja's private secretary RK Chandolia, Managing Director, Reliance Anil Dhirubhai Ambani Group Gautam Doshi, Senior Vice President of Anil Dhirubhai Ambani Group and Senior Vice President of Anil Dhirubhai Ambani Group and Reliance Telecom Surendra Pipara, Senior Vice President of Anil Dhirubhai Ambani Group Hari Nair, Unitech's Managing Director Sanjay Chandra, DB Realty promotoer Shahid Balwa, Swan Telecom Director Vinod Goenka, Kalaignar TV MD Sharath Kumar, DMK MP Kanimozhi, Kusegaon Fruits and Vegetables Chief Executives Rajiv Agarwal and Asif Balwa, Cineyug Films' founder Karim Morani, Reliance Telecommunication, Unitech Wireless Pvt Ltd (Tamil Nadu) and Swan Telecom.

The charges:

A Raja has been charged with criminal conspiracy for criminal breach of trust, cheating, forgery, accepting bribe/illegal gratification and misuse of office. Siddharth Behura charged with criminal conspiracy to cheat, forge documents and criminal breach of trust and misuse of office. RK Chandolia charged criminal conspiracy for criminal breach of trust, cheating, forgery, accepting bribe/illegal gratification and misuse of office.

Kanimozhi charged with abetment of illegal gratification, criminal conspiracy for criminal breach of trust, cheating, forgery, accepting bribe/illegal gratification and misuse of office.

Shahid Balwa and Vinod Goenka charged with criminal conspiracy, cheating, abetment of illegal gratification and forgery. Sanjay Chandra charged with criminal conspiracy for criminal breach of trust, cheating, forgery, accepting bribe/illegal gratification and misuse of office.

Gautam Doshi, Surendra Pipara and Hari Nair charged with cheating, abetment to cheating, criminal conspiracy, criminal conspiracy for criminal breach of trust, cheating, forgery, accepting bribe/illegal gratification and misuse of office.

Sharath Kumar charged with abetment of illegal gratification, foregery, criminal conspiracy for criminal breach of trust, cheating, forgery, accepting bribe/illegal gratification and misuse of office.

Asif Balwa, Rajiv Agarwal and Karim Morani charged with abetment of illegal gratification, forgery criminal conspiracy for criminal breach of trust, cheating, forgery, accepting bribe/illegal gratification and misuse of office.

Kanimozhi's father and DMK chief M Karunanidhi arrived in Delhi on Friday and met UPA Chairperson and Congress President Sonia Gandhi on Saturday.

Kanimozhi has been lodged in jail for almost six months and has been denied bail. The court will resume hearing on the bail applications of various accused, including that of Kanimozhi, from October 24.

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