[rtitimes] Why aren't Ambanis named in chargesheet: CIC asks CBI

 

Why aren't Ambanis named in chargesheet: CIC asks CBI

Himanshi Dhawan, TNN | May 28, 2011, 01.18am IST
NEW DELHI: The Central Information Commission (CIC) has asked the Central Bureau of Investigation (CBI) to give reasons as to why the names of the Ambani brothers were not mentioned in the chargesheet relating to the call rerouting case.

The CBI had last year filed a chargesheet against five Reliance Industries' executives in a case related to passing off of international calls as local calls and causing revenue loss to the government.

Information commissioner Shailesh Gandhi asked the investigating agency to provide the information before June 20.

Delhi resident P C Srivastava had asked the CBI for details related to the call rerouting case including the timeline of the investigation, why the names of Mukesh and Anil Ambani were not included in the chargesheet and legal opinion on the basis of which the brothers' names were excluded.

CBI rejected the RTI application saying that information sought was confidential and disclosure would impede the investigation. CBI public information officer argued before the Commission that "CBI had decided to prosecute certain directors and the reasons for not prosecuting Mukesh Ambani and Anil Ambani were on record. However, disclosing such information would provide clues to other persons accused in the case by which they would be able to argue why they should not be charged."

While ordering for disclosure, Gandhi said that the PIO had failed to produce any cogent evidence before the Commission on the basis of which she had established that disclosure of information would impede the prosecution of offenders. He also added, "Moreover this Commission is unable to understand how lack of evidence against a person can be used by another person against whom evidence has in fact been found leading to filing of chargesheet against the latter. On this basis, the Commission rejects the contention of the PIO that the information sought was exempted under section 8(1)(h) of the RTI Act. The PIO has not been able to justify how disclosing the information would impede the process of prosecution of offenders."

The agency had chargesheeted Manoj Modi, Akhil Gupta, Shankar Adawal, Pankaj Panwar, KR Raju and Bhagwan Das Khurana of Reliance Infocomm Ltd in the case. Reliance Infocomm also paid Rs 150 crore towards penalty imposed by telecom tribunal TDSAT.