New Delhi: Telecom firm Unitech Wireless (Tamil Nadu) Limited, accused in 2G spectrum allocation scam, on Monday told a Delhi court that there was no evidence to show that it had conspired with former Telecom Minister A Raja and others to get radio waves despite being an ineligible firm.

All decisions pertaining to allotment of 2G licences were taken by Department of Telecommunication (DoT) which acted as per the recommendations of the Telecom Regulatory Authority of India (TRAI), senior advocate S S Gandhi, appearing for the accused firm, told Special CBI Judge O P Saini.

"Where is the evidence that we (Unitech Wireless Limited) conspired? If anybody implements the policy on TRAI recommendations, then where is the conspiracy? No one, who are in custody now, have any role to play," he said.

Gandhi said TRAI recommendations advised against auctioning and revision of entry fee for licences.

"The recommendation of TRAI was that there should be no auction. It was not the decision of DoT...To say, any decision was taken by DoT with regard to non-auctioning or non-revision of the entry fee, is not correct," he said.

He also questioned the estimate of loss of Rs 30,984 crore to the state exchequer saying the "government's policies are not motivated by profit."

"If I (Unitech Wireless) would not have got it (licences), then somebody else would have got it at the same price. Where is the loss and where is the conspiracy?," he said.

The defence lawyer said no loss has been caused to the state and moreover, none of the accused was responsible for framing the policy aimed at increasing tele-density in rural areas at affordable price.

"No loss has been caused to the exchequer. If by the recommendations of TRAI, anyone says there is a loss, then the people here in custody are not responsible at all. They (who are now in custody) have not framed the policy. It was TRAI which recommended it all," Gandhi said.

He refuted the allegation that Chandra conspired with Raja to get favour in allocation of spectrum saying "in this whole charge sheet, there is no allegation of corruption against the company. Where is the allegation of dishonestly inducing anyone?"

"There is no evidence of criminal conspiracy. There is no document, no evidence with CBI. There is no meeting of minds of two persons so as to show a conspiracy between Unitech and any official or any other private person," he said.

Gandhi also said the allegation that the cut-off date was advanced to September 25, 2007, from October 1 to favour the company was only "a wild imagination" of the investigating officer (IO) of the case. "I have not been able to get the point that I (Unitech Wireless) conspired in preponement of cut-off date. But to say that it was done at our instance is not at all shown in the charge sheet or documents. It is a wild imagination of the IO.

“What is happening in DoT, I have no idea about it,” he said. He submitted CBI's allegation that the cut-off date was advanced so that no more companies can apply for licences after Unitech Wireless is "factually incorrect" as around 40 applications were made on 25 September 2007, a day after Unitech Wirless applied for licenses.

Out of those 40, in fact around 20 applicant companies received licences as well. The applications received by DoT after September 25, 2007, were dealt with later, Gandhi said.   

"What role do I have to play in that (preponement of cut-off date)? Have I met anyone in this regard? The decision was taken by DoT and we only followed what DoT notified," he said.

He said there was no change in the priority list of the companies to favour Unitech.

He also rubbished CBI's allegation that the company got licences in "favoured circles", saying "spectrum was given to us in the areas where sufficient spectrum was available."

Unitech Wireless was allotted spectrum in "remote and unprofitable" circles, he contended.

Responding to CBI's allegation that the company had offloaded its shares to Norway-based telecom firm Telenor after getting licences, Gandhi said the foreign firm infused money in Unitech, which was within the Foreign Direct Investment (FDI) limit.

"Telenor was only investing in the company and the FDI so invested was used to boost business," he said, adding, "FDI came as per the government's policy."

Regarding Unitech being termed as ineligible by CBI, he said the eligibility of the company was cleared by DoT as per the Unified Access Services Licence (UASL) guidelines.

He said CBI's allegation that Unitech was ready with the demand draft in advance did not constitute a criminal offence.