A Special Court hearing the 2G spectrum case on Monday asked the CBI to submit a Law Ministry report regarding the definition of the term “associate”. The report apparently states that Swan Telecom was not an associate of Reliance Telecom Ltd (RTL). Swan and RTL are accused in the 2G case.

Special CBI Judge Mr O P Saini said, “In the interest of fairness of trial and transparency, I deem it proper that a copy of the said report be placed on record by the CBI. It is ordered that CBI would place a copy of the report received by it from Ministry of Law and Justice through Department of Telecommunication on record on the next date.” The court would hear arguments on the report on September 21.

The court’s order follows a plea by the accused that the CBI should be directed to place before the court the report that supposedly favours their stance.

The CBI charge sheet alleges that Swan was an associate firm of RTL and was set up to circumvent the then Department of Telecom norms preventing existing operators from getting into operations in the same circle through another company. According to the CBI, RTL transferred Swan’s control to another accused, Shahid Usman Balwa, after the DoT permitted it to avail dual technology facility.

Seeking the production of the report, the court said, “The case is still at the initial stage of arguments on framing of charges. The instant case is a case of grave magnitude with unimaginable allegations of corruption. It is trite to remark that justice should not only be done but should also (be) seen to be done.”

“The report is largely legalistic in nature clarifying a law point only. The prosecution is not likely to suffer any prejudice by its production.”

The CBI has stated that it had received the Law Ministry’s report unsolicited and after the charge sheet in the case was filed in the court. The CBI added that the report does not form part of the relied upon documents in the charge sheet.

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