Reliance ADAG chairman Anil Ambani and wife Tina will have to appear as prosecution witnesses in the 2G scam case
with a Delhi court on Friday saying their testimony is crucial in bringing out the truth in the case. Allowing the Central Bureau of Investigation's (CBI) plea seeking summoning the couple as witnesses, the court said that their testimony is vital to ascertain the formation of shell companies and investment/divestment made by ADAG, three of whose executives are facing trial in the case.
The court said that the couple could be able to throw light on alleged investment of over Rs 990 crore by the Group's companies in Swan Telecom. The court also summoned 11 others as prosecution witnesses saying their testimony is essential for arriving at a just decision. Stating that both Anil and Tina were holding responsible posi-tions in the Group, Special CBI Judge OP Saini said that their testimony cannot be said to be unconnected in the case.
The three senior executives- Gautam Doshi, Surendra Pipara and Hari Nair-allegedly used Swan Telecom to get licences and frequency beyond their permissible quota.
"Both these witnesses, that is, Anil D Ambani and Tina A Ambani are holding responsible positions in Reliance ADA Group and the shell com-panies and invest-ment/divestment and applications of Swan Capital (P) Limited/Swan Telecom (P) Limited for UAS Licences and its transfer to DB Group pertain to realm to which these two witnesses are supposed to be acquainted with. As such, their examination cannot said to be totally unnecessary or unconnected with the case.
Rather it may help in reaching the truth and just decision of the case," the court said.
The court further said that witnesses already examined to ascertain the incorporation of shell companies have failed to prove most of the facts. Anil and Tina's testimony is required to prove the facts pertaining to incorporation of shell companies as some of the witnesses examined earlier have not been able to do so. The court added that it does not wish to say anything more on the examination of ear-lier witnesses as this may amount to premature interpre-tation of the evidence.
Later, outside the courtroom, advocate Vijay Aggarwal, who represents Swan Telecom Promoter Shahid Usman Balwa and three other accused in the case said that they would file an appeal against the court's order.
The court also rejected con-tentions of the accused that CBI's plea suffers from the vice of delay saying the process of examination of prosecution witnesses is still underway. The court dismissed the defence counsel's submission that the plea had been filed to misuse the process of the court, to embarrass and harass some of the witnesses, particularly Anil and Tina Ambani.
Courtesy: Mail Today