New Delhi: Even as the Central government is assuring stringent action against those guilty in the 2G spectrum allocation scam, CBI has figured a member of the Ministry of Corporate Affairs, who is assisting the guilty companies trapped in the investigating agency’s net.

Revealing the details, a senior CBI official mentioned that different explanations from the Ministry of Corporate Affairs has nudged problems in filing the chargesheet against Essar and Loop companies.

“However, the CBI is trying to quiz the MCA official in order to get a clear stand on the issue. In situation of any doubt the case can also be presented in the Supreme Court”, he said.

Meanwhile, the observers believe that if the MCA’s explanation is accepted then it will falsify the chargesheet filed by CBI against Reliance in Swan Telecom case.

Notably, the most important clause for all the companies participating in the spectrum allocation was that they should not have minimum 10 percent shares in the distributing mobile companies virtually or visibly.

Whereas in the CBI probe it was quite clear that Reliance Telecom has some shares in Swan and Essar group had role in Loop Telecom.

Regarding this CBI has already filed a case against Reliance in April and is soon going to file a chargesheet against Essar and Loop.

A senior official related to the probe revealed that recently Essar group submitted a letter of MCA to the investigating agency stating that the associate company’s definition cannot be taken from Institute of Chartered Accountants of India Rule 18 and 23 when Central government has itself notified these rules and regulations during the allocation.

However, shifting the blame MCA stated, the associate company definition should be decided by Telecommunications Department (DoT). Here, interesting fact is that DoT never created any such definitions.

Notably, associate company’s definition is present only in ICAI books. Even corporate law does not support any such definition.

JPN/Bureau