Those booked under U/s 120-B of the Indian Penal Code, Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 are the then chairman (telecom commission ) and secretary (telecom), department of telecommunications, the then DDG (VAS)/DoT, three private cellular companies based at New Delhi and Mumbai, and others. Pramod Mahajan, the then minister for telecom and communication, has been excluded since he expired.
It was alleged that the then secretary (telecom) and the then DDG(VAS), Department of Telecom, entered into a criminal conspiracy with the three beneficiary private companies, based at Delhi and Mumbai, and abused their official positions as public servants.
The public servants, with approval of the then Minister of Telecom (Communications &IT) (since expired), took an alleged hurried decision on January 31, 2002 to allocate additional spectrum beyond 6.2 MHz in violation of the report of a technical committee.
The accused persons also decided to allocate such additional spectrum beyond 6.2 MHz by charging spectrum fee of an incremental 1 per cent AGR (Adjusted Gross Revenue) only for allotting additional spectrum from 6.2 MHz up to 10 MHz instead of charging incremental 1 per cent AGR on allotment of spectrum beyond 6.2 MHz & charging incremental 2 per cent AGR on allotment of spectrum beyond 8