Radia Tape—Current Position—28-10-2013
In paragraph 8 of the first report, the team constituted by the Court has made the following observations:
“That analysis of the calls of Ms Nira Radia revealed that during the period of interception i.e. year 2008-2009, she had been talking over her phone to her employees, clients, media persons and other important persons in the field of politics, business, bureaucracy and journalism, etc. During investigation of RC DAI 2009 A 0045 (2G Spectrum Case) and the scrutiny of the transcripts, it emerged that Ms. Nira Radia, through her companies, provided consultancy to Tata Group of companies, M/s Unitech Ltd., and M/s Reliance Industries Ltd. (Mukesh Dhirubhai Ambani Group). During her conversations, she discussed several important issues including judicial judgments, policy matters of Government of India, insider information of important issues related to Department of Telecommunications (DOT), condition of civil aviation in India, allocation of coal & iron ore mines and issues related to gas and petroleum sector etc. During her conversations, she discussed these issues at length with media persons, politicians, businessmen, corporate persons and bureaucrats etc.”
12. The team then categorised the suspected calls in 17 issues which hint at some criminality/irregularity etc. These issues are:
“Issue No. 1- Supply of low floor buses by M/s Tata Motors to Government of Tamil Nadu under JNNURM scheme of Government of India.
Issue No.2- Appointment of Mr. Pradip Baijal, ex chief of TRAI as Chairman of Pipeline Advisory Committee.
Issue No.3- Allotment of Coal blocks to Sasan Ultra Mega Power Project (UMPP) run by Anil Ambani (ADAG) Group.
Issue No.4- Allotment of Iron ore mines at Ankua, Singhbhum District of Jharkhand to M/s Tata Steel.
Issue No.5- Regarding favours shown by Mr. V.K. Sibal, the then Director General of Directorate General of Hydrocarbon to M/s RIL and quid-pro-quo received.
Issue No.6- Fudging in the subscribers base/record by Reliance Communication, ADAG Company and submission of the same to Bombay Stock Exchange (BSE) and TRAI to save the money.
Issue No.7- Working of touts and middlemen and kickbacks in aviation sector.
Issue No.8- Matters relating to corruption/malpractice in Judiciary/Judges/Tribunals etc.
Issue No.9- Allotment of Iron ore mine to Reliance ADAG group without having any Steel Plant.
Issue No. 10- Allotment of additional spectrum to M/s Reliance Communication (ADAG Company).
Issue No. 11- Shri Dayanidhi Maran gave money to Shri Stalin’s mother for a Cabinet berth.
Issue No. 12- Sending of nephew of Mr Arcot Veeraswamy to London by TCS (at the behest of Mr A. Raja, Minister of Telecommunications).
Issue No. 13- Various issues pertaining to Allotment of 2G spectrum to Unitech, offloading of shares by them to Telenor etc.
Issue No.-14- Market manipulation and hammering of stocks of Unitech.
Issue No. 15- Sale of Green House Company by Mr. A. Raja to M/s Dynamic group of Mr. Shahid Balwa.
Issue No. 16- Regarding possession/ access to confidential ministry papers by one Journalist Mr Jaiswal.
Issue No.17-Scrutiny of SMSs found in the relevant hard discs.”
13. The team has then suggested that CBI may make inquiry on the subjects mentioned in issue Nos. 2, 3, 5, and 6 and the subjects mentioned in issue Nos. 1, 4, 7 and 14 may be inquired by Police Officers of the concerned State or other agencies. In our opinion, the first part of the suggestion made by the team merits acceptance but the second part does not commend our approval. The subjects mentioned in the eight issues are prima facie indicative of deep rooted malaise in the system of which advantage has been taken by private enterprises in collaboration/connivance with the Government officers and others. The conversations between Ms. Nira Radia and her associates with various persons suggests that unscrupulous elements have used corrupt means to secure favours from the Government officers, who appear to have acted for extraneous considerations. Therefore, we are convinced that instead of asking the State Police or other agencies to make inquiries on the subjects mentioned in issue Nos. 1, 4, 7 and 14, it would he appropriate to direct an inquiry by CBI in respect of these issues as well Accordingly, we direct CBI to make inquiry in terms of Chapter 9 of CBI Manual in respect of the subjects mentioned in issue Nos. 1, 2, 3, 4, 5, 6, 7 and 14 and positively submit a report within a period of two months from today.
14. As regards issue No. 9, we direct that the matter may be referred to the Chief Vigilance Officer, Ministry of Mines, Government of India for taking appropriate action.
15. A report based on detailed conversations which are subject matter of issue No.8 be referred to the Chief Justice of India for consideration and appropriate action.
16. In the second report, the team has categorised suspected calls under the following 6 issues:
“Issue No. 1- Alleged criminal misconduct by public servant in respect of survey/raid conducted by Income Tax department.
Issue No.2- Payment of illegal gratification to Income Tax officials to get work done.
Issue No.3-Chartered Accountant working as tout of Income Tax officer.
Issue No.4- Payment of illegal gratification/favours extended to Public Servants.
Issue No.5- Conversations regarding allocation of spectrum.
Issue No.6- Miscellaneous issues.”
Having carefully considered the second report, we direct CBI to make inquiries in terms of Chapter 9 of CBI Manual on the subjects mentioned in all the 6 issues and submit a report to this Court within a period of two months.
Having considered the list furnished by the learned Additional Solicitor General, we 20. For consideration of the reports of CBI, the case be listed on 16.12.2013.