CBI prosecutor UU Lalit on Monday told the Delhi high court that the Anil Dhirubahi Ambani Group (ADAG) plotted to ensure that TATA Teleservices did not get 2G spectrum. Opposing the bail pleas of five corporate executives, Lalit told the court, “Raja in conspiracy with SWAN Telecommunications made every possible attempt to ensure that spectrum was not allotted to TATA, a senior and experienced bidder.”

The court reserved decision on the bail pleas.

“First attempt against TATA was when the telecom policy was changed and it was announced that those companies who would deposit money first would be considered first to be awarded spectrum. So TATA, at number 2 under the earlier policy, dropped to number 3 after the policy was changed and SWAN climbed to first position from number 5,” Lalit contended.

Highlighting how crucial the telecom circles of Delhi and Mumbai were, the prosecutor said, “The former minister had advanced the cut-off date for submitting the application for spectrum allocation and also altered the licensing policy to favour Swan Telecom and Unitech Ltd.”

He said some firms were floated only to transfer money that changed hands following the grant of the licences. They were closed once that purpose was served.

Opposing the bail pleas, Lalit said, “All three officials of ADAG [Gautam Doshi, Hari Nair and Surendra Pipara] forged documents to benefit SWAN Telecommunications. They created SWAN Telecom with an intention to cheat DoT.”

“All the transactions from Reliance telecommunications to Swan were routed through these three officials. They prepared false minutes of board meetings and appointed some people to give the impression that the company’s affairs were managed by different people,” Lalit said, adding that SWAN was used as a tool to secure dual-based licence for Reliance Telecommunications. Giraffe Consultancies Services and Tiger Traders (P) Limited were two firms formed by SWAN for the sole purpose of transferring money.

CBI also informed the court that it has evidence to establish that Reliance had equity in Shahid Balwa-promoted Swan Telecom when the latter applied for 2G licence.

CBI has said ADAG opened a bank account for SWAN as associate company. “It is clear on the record that this company was incorporated by Reliance group of companies and, as such, it was ineligible for grant of licence,” Lalit said.