New Delhi: Seventeen accused, including former Telecom Minister A Raja, on Thursday concluded nearly over a month-long day-to-day arguments on framing of charges in a Delhi court in the 2G spectrum allocation scam case.

"The court would now resume hearing on Monday when special prosecutor U U Lalit would advance rebuttal arguments on behalf of CBI," Special Judge O P Saini said, after Amit Desai, counsel for Swan Telecom, wrapped up his arguments.

The special judge, meanwhile, turned down the plea of some of the accused that they be allowed to come to the court on Friday for legal consultations with their lawyers.

"Advancing of arguments on your behalf are over. Whatever is to be done, will be done by me. You all will be brought on Monday (August 29)," the judge said, adding that now he will have to write the order on framing of charges.

Lalit, who started advancing arguments on July 21, had said it was Raja who approved the grant of dual technology 2G spectrum licenses to telecom firms like ADAG's Reliance Communication and others a day before inviting applications for it.

The agency claimed there was sufficient prima facie evidence to frame charges against 17 accused under provisions of the IPC and the Prevention of Corruption Act, dealing with criminal conspiracy and giving and accepting bribe.

Seeking discharge from the case, Desai said CBI failed to establish that Swan Telecom entered into a conspiracy with others to achieve "the common goal to cause loss to the state".

Desai also cited various Supreme Court decisions to buttress his arguments that CBI failed to prove that all 17 accused shared a "common and illegal objective" and hence, cannot be booked for the offence of criminal conspiracy.

"The first charge sheet talks about the conspiracy which ended in January, 2008 with the grant of letter of intents (LoIs) to various companies and the second charge sheet brings about an altogether different and un-connected conspiracy which deals with routing of Rs 200 crore bribe," he said, adding that they cannot be combined for framing of charges.

Earlier, during the day, Swan Telecom promoter Shahid Balwa accused Tatas of "contributory negligence" in losing out to his company in Delhi circle and said he should not be blamed for their (Tatas) wrongdoings.

"The Tatas did not get the license because of its contributory negligence as it failed to clear its dues with the Department of Telecom in time.” "Why does CBI not write that it was Tatas own wrongdoing that they did not get the license?," Vijay Aggarwal, counsel for Balwa, said.

Tatas were ineligible for license as it has not paid the dues to the DoT for the CDMA license it held, he said, adding "The Tatas are not complaining about it not because they are magnanimous but because they know the truth."

The Tatas were ineligible for the licenses as they failed to establish that they cleared dues to the Department of Telecom (DoT), Agarwal said.

Earlier, Mumbai-based lawyer Majeed Memon, who also represented Balwa, had alleged that Tatas did not lose Delhi circle to Swan Telecom because of any criminal acts.

The counsel for Balwa said while Swan Telecom applied on 27 February and Tata applied on 4 March, 2007, for spectrum by way of an amended application to the Wireless, Planning and Coordination (WPC) wing at the DoT.

"Then, why should Tata have got Delhi circle? Tatas did not comply with the no-due criterion even after getting the LoI on January 10, 2008. So, as on January 10, 2008, even Tata Teleservices should also be held ineligible. When I got the LoI, I rushed to the WPC wing for other necessary compliance. When they chose to start late, why should I be blamed for winning?," he said.

He reiterated the arguments advanced by Memon in earlier hearings, saying "all other companies like Idea Cellular and HFCL were also ready with their demand drafts (of Rs 1658 crore) much earlier and the fact of LoI distribution was in public knowledge through media reports and Raja did not inform me secretly."

Meanwhile, Raja's private secretary and co-accused R K Chandolia moved an application seeking discharge from the case.

CBI, in its first charge sheet filed on April 2, had accused Raja, and eight others including Balwa, Vinod Goenka, Gautam Doshi, Hari Nair and Surendra Pipara and three firms of causing a loss of Rs 30,984 crore to the exchequer.

In the second charge sheet, the agency discussed roles of Asif Balwa and Rajeev Agarwal, directors of Kusegaon Fruits and Vegetables Pvt Ltd and Bollywood producer Karim Morani, CEO of DMK-run Kalaignar TV Sharad Kumar and DMK MP Kanimozhi.

They are accused of routing Rs 200 crore bribe as quid pro quo for grant of licenses.

SC to hear bail pleas of ADAG executives

Meanwhile, the Supreme Court will on Friday hear the bail pleas of three jailed corporate executives of Reliance ADAG arrested in connection with 2G spectrum allocation scam.

The bail petitions of ADAG Group MD Gautam Doshi, President Surendra Pipara and Senior Vice President Hari Nair are listed for hearing before a bench headed by Justice G S Singhvi.

The trio have challenged the rejection of their bail plea by the Delhi High Court which had on May 23 said "the gravity of the offence itself is sufficient to deny bail". They are in jail since April 20.

Their bail applications are coming up for hearing a day after all the 17 accused completed their arguments opposing the framing of charges against them in a trial court.

CBI had in its first charge sheet filed on April 2 specified the role of Reliance Telecom Ltd (RTL) and its three top officials for their "complicity" in 2G spectrum allocation scam case.

Doshi, Pipara and Nair, along with the company, have been chargesheeted for entering into a criminal conspiracy to cheat the government by getting licenses in an illegal manner.

The agency had alleged RTL used Swan Telecom, an ineligible firm, as its front company to get licenses and the costly radio waves.

"Swan, at the time of application, was an associate of RTL. Investigations have also disclosed that Tiger Trader Pvt Ltd, which held maturity stake in Swan telecom Pvt Ltd, was also an associate company of Reliance ADA Group. Both the companies had no business history and were activated solely for the purpose of applying for UAS licences in 13 telecom circles," the first charge sheet in the case said.

"Investigation has revealed that in Jan-Feb 2007 accused Gautam Doshi, Surender Pipara and Hari Nair had, in furtherance of their common intention to cheat the DoT, structured/created net worth of company Swan Telecom Pvt Ltd out of funds arranged from Reliance telecom ltd," the agency said.

(Agencies)