2G scam: CBI wants Anil Ambani, wife Tina to depose as witnesses

NEW DELHI: In a development that could bring top industrialist Anil Ambani within the ambit of the 2G scam trial, the CBI has sought his inclusion along with wife Tina Ambani as witnesses in the ongoing trial in a special court.
Anil Dhirubhai Ambani Group (ADAG) chairman Anil Ambani and Tina Ambani are among 70 news witnesses CBI wants to summon for examination in order to “strengthen” its case against the accused in the 2G spectrum allocation scam.
Confirming the move, CBI director Ranjit Sinha told TOI, “Yes, we have filed an application in the 2G court for calling additional witness including Anil and Tina Ambani in the 2G spectrum allocation case. They will help in strengthening the prosecution case.”
With only 25-odd prosecution witnesses yet to be examined by the court, the additional list of witnesses is sure to prolong the trial process at a time when proceedings are reaching a crucial stage although the CBI feels that the additions are warranted.
CBI’s decision indicates that the agency is keen to examine the Ambanis in the context of their alleged role or links to Swan Telecom, one of the firms to have benefitted from illegalities in the allocation of 2G telecom licences in 2008 when A Raja was the telecom minister.
If the court allows the CBI application, the deposition of the Ambanis will be significant as three top executives of Reliance ADAG — Gautam Doshi, Hari Nair and Surendra Pipara — along with Reliance Telecom Ltd, Swan Telecom and its promoters Shahid Usman Balwa and Vinod Goenka are accused in the case.
CBI has alleged that Swan Telecom Private Ltd was nothing but a front company of Reliance ADAG, promoted by Anil Ambani, aimed to "circumvent" the policy that debarred existing players from seeking 2G licences.
In February this year, a CBI witness had identified the signature of Anil Ambani on the documents attached to the account opening form of AAA Consultancy Services Co. (Pvt) Ltd, allegedly an "associate" firm of Reliance ADAG.
Deposing as a CBI witness, Hasit Shukla, president of Reliance Communications, had identified the signatures of Anil and Tina Ambani on the documents.
In its charge sheet, CBI had alleged AAA Consultancy Services Co. (P) Limited was one of the associate companies of Reliance ADAG, whose group firm Reliance Telecom Limited had used Swan Telecom, an ineligible company, to get 2G licences.
Moving an application under Section 311 of the Criminal Procedure Code before special CBI judge OP Saini, the CBI sought permission to call 70 more witnesses. Section 311 of CrPC gives the power to the court to summon any person as a witness, at any stage of any inquiry, trial or other proceedings, even if the witness was not in the initial list of witnesses.
The agency’s move to add more witnesses comes at a time when the prosecution has already recorded the statement of over 125 witnesses listed by it. The CBI claims that the new list of witnesses is important to seal its case against the accused.
The CBI move is likely to face stiff opposition from the defence, which feels the agency is looking to derail the trial. “This will derail the trial and shows that CBI has realized that till now whatever deposition has come there is nothing in the case. So it is a desperate attempt to fill lacunae in prosecution,” said counsel Vijay Aggarwal, appearing for Shahid Balwa.
The 2G trial had started in November 2011 with the recording of prosecution evidence. Since then, 127 witnesses have been examined, including key witnesses like Raja’s ex-aide Aseervartham Achary, Attorney General G E Vahanvati and Niira Radia.