Ex-Telecom Secretary declared Swan Telecom eligible: CBI

Behura joined the Department of Telecommunication (DoT) in January 2008 and on January 9, he passed a note that Shahid Usman Balwa-promoted Swan Telecom was a eligible firm for grant of 2G licence, Special Public Prosecutor U U Lalit said.

The prosecutor said there was sufficient evidence against all the accused, including Behura, to proceed with their trial.

"Behura joined DoT in January 2008. His note of January 9 says that Swan Telecom was eligible....He joined the DoT and he could not be held privy to what happened prior to his joining but he held Swan Telecom eligible despite various questions being raised about it within the department.

"The noting of January 9 was the first manifestation of his involvement (in the conspiracy)," Lalit told Special CBI Judge O P Saini while wrapping up his arguments on framing of charges against all 17 accused.

Lalit rejected the plea of Behura that he cannot be "said to be the a part of the conspiracy" as he joined DoT only days before distribution of LoIs (letter of intents) to firms on January 10, 2008.

"The law on conspiracy is that people may join at a later point so long as the intent is common. In the eyes of law, it makes no difference," he said.

The court is likely to pronounce its order on framing of charges against former Telecom Minister A Raja, Behura and 15 others in the case on September 15.