An application was today moved in the Supreme Court seeking to bring Videocon group within the ambit of CBI probe in the 2G scam alleging that one of its companies was a major beneficiary of spectrum allocation during former telecom minister A Raja''s tenure.

The NGO, Centre For Public Interest Litigation (CPIL), submitted that Datacom, jointly owned by Videocon and HFCL, was at number nine in the list of applicants for spectrum but it became number one when first-cum-first-served policy was "changed" by the Department of Telecom (DoT).

"Datacom, jointly owned by Venugopal Dhoot of Videocon and Mahendra Nahata of HFCL, is one of the major beneficiaries of the 2G spectrum scam. According to its date of application, it was number nine in the list of applicants.

"However, on January 10, 2008, the basis of determining FCFS was changed, which according to CBI's charge sheet was done in a criminal conspiracy to help certain companies," alleged the CPIL, on whose PIL criminal investigation was directed into the 2G scam.

"Datacom became number one in 20 circles after the order of priority was altered. CBI has so far apparently ignored this and other vital aspects, and its decision to leave out Datacom from the charge sheets has weakened the prosecution case," the NGO said in its application.

Referring to report Justice Shivraj Patil committee, which was appointed to look into the irregularities in the spectrum allocation, the CPIL submitted that the document revealed that Datacom had moved to the number one position in 20 circles by jumping over Swan Telecom (in 11 circles), Idea, S Tel and Spice.

The NGO also claimed that either Venugopal or his brother Rajkumar Dhoot, who is an MP, was personally present in the DoT when licences were being issued.

"Under Secretary in the DoT had given a first person account of the happenings inside DoT on January 10, 2008 to the Justice Patil committee. He had stated that a person flashing a Rajya Sabha MP identity card had entered the premises of the DoT.

"Venugopal Dhoot's brother Rajkumar Dhoot, who is also associated with Videocon, is a Rajya Sabha MP. So either he or Venugopal himself could have been present in the DoT using the said identity card.

"During the hearing in the trial court, accused Shahid Balwa through his advocate has stated that Venugopal was present in the DoT on that day when licences were being issued and he had misused the Rajya Sabha MP identity card of his brother," it alleged.

Seeking its direction to CBI to look into the issue, the NGO submitted that despite all the evidences, the CBI has not chargesheeted them.

"As per some news reports CBI had questioned both the Dhoot brothers long ago in connection with licences and spectrum allocated to Videocon/Datacom, but still neither they nor Datacom/Videcon have been chargesheeted, which has severely weakened the prosecution case," it further claimed.

The NGO also pointed out the alleged irregularities in spectrum allocation during the tenure of former Telecom Minister Dayanidhi Maran between May 23, 2004 and May 15, 2007 and expressed concern over CBI not registering case against him.

"It is unfortunate that CBI has not even registered an FIR in this case and apparently is seeking to close the case," the NGO claimed, adding that the grant of licences to Aircel by Maran when he was Telecom Minister was on a quid pro quo basis.

Maran has, however, refuted all such allegations.