2G case: CBI cannot be forced to use Law Ministry report

CBI today told a Delhi court that it cannot be forced to rely on an opinion of the Law Ministry which said a firm should have more than 10 per cent stake in another for being termed its associate.

Special Public Prosecutor UU Lalit told CBI Judge OP Saini that the opinion, which is now a part of the records, cannot be used as a document of the CBI at the time of framing of charges against the accused.

"It is true that the document (the report) is there on record but then who has proved the document? What was the basis when the opinion was formed and in what capacity, the opinion was written. It is a subject of investigation.

"In the entire scheme of the CrPC, this report cannot be accepted as a relied upon document," Lalit said.

"At best, the Law Ministry report can be taken as an opinion of a department or an official," he said.

He said at this juncture, only three things are to be considered by the court.

"Firstly, the documents submitted by the prosecution which are relied upon by it. Secondly, such examination of the accused as the court considers it necessary and thirdly, the arguments of prosecution and defence counsel on this matter," the prosecutor said.

The court, on September 19, had directed the CBI to file the Law ministry report.

Reliance Telecom Ltd (RTL) and Swan Telecom Private Ltd (STPL), an alleged beneficiary of the scam, have been taking the defence that they were not "associate" firms as RTL's stake in STPL was below 10 per cent, as mandated under the guidelines for the Unified Access Service (UAS) Licenses.