'Even if we take CBI's allegations at their face value, the role of Reliance officials in the so called massive scam was minimal,' said former attorney general Soli J Sorabji, appearing for ADAG's Gautam Doshi.
The marathon hearing on the bail plea of five corporate honchos jailed in connection with the 2G spectrum case today entered the fifth day in Delhi high court with three top Reliance ADAG officials claiming that their role in the "massive" scam was "minimal".
"Even if, we take CBI's allegations at their face value, the role of Reliance officials in the so called massive scam was minimal," former Attorney General Soli J Sorabji, appearing for Gautam Doshi, group managing director of Reliance ADAG, told Justice Ajit Bharihoke.
Sorabji, citing from the brief note of the CBI, said the only allegations against the Reliance officials was that they "structured" a front company, Swan Telecom Private Ltd, with an intention to cheat the DoT by bypassing its guidelines on grant of licences.
"Structuring a company is not an offence and moreover, I am not here in the main thing (conspiracy)," he said.
"Look at their records. They have no criminal past, they were not arrested during the probe. These are relevant factors which cannot be thrown in the dustbin," he said, adding, they be not deprived of personal liberty if refusal of bail amounted to awarding punishment.
The stand of Sorabji was supported by senior lawyers Rajiv Nayar and NK Kaul, appearing for group president Hari Nair and Senior Vice President Surendra Pipara of ADAG.
Besides Reliance officials, Sanjay Chandra managing director of Unitech and Swan Telecom Director Vinod Goenka are in jail since April 20 after their bail plea was dismissed by the special court.
The arguments on bail plea of the high-profile accused entered the fifth day and would continue on May 6 when former ASG Mukul Rohatgi, representing Goenka of Swan and CBI prosecutor UU Lalit would conclude their pleas.
Rajiv Nayar, counsel for Nair of Reliance ADAG, said the charge sheet dealt with four aspects of the scam and they are - cut off date of applications, first-come-first-served policy, spectrum allocation and eligibility of companies.
"We are not accused on three aspects, which caused the so called loss of Rs30, 984.55 crore. We are accused of creating company, Swan Telecom, which relates to eligibility of companies," he said.
"Just because, we appeared with other co-accused on receiving the summons. We cannot be painted with same brush as our role relate to smaller conspiracy," he said.
"I will not seek any exemption from personal appearance for next three months before the trial court. Impose any other conditions, I deserved to be granted bail," he concluded.
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