A three-judge bench headed by HL Dattu asked for all the details in this regard after counsel Prashant Bhushan, appearing for the NGO CPIL, told the court that the communication between Lalit, who has been named to be a judge in the Supreme Court, and a CBI officer is serious and aimed at undermining the trial in the lower court.
The apex court also told the CBI to apprise it about transfer of supervising officer Santosh Rastogi to the Special Crime Branch. And if it was found true, it wanted the agency to rectify it
Questioning the actions of the CBI director Ranjit Sinha and supervising officer Santosh Rastogi, Bhushan said that the latter had sent a draft and a note allegedly at the behest of Sinha to Lalit wanting to suspend the ongoing three-year long trial against Reliance and reopen the case for further investigations. This, according to Bhushan, would weaken the case against Reliance Telecom, which used Shahid Balwa's Swan Telecom to acquire licenses and frequency beyond its permissible
The CPIL counsel said that the note said that new facts had come to light in the case and the CBI wanted to probe it all over again and file a supplementary charge sheet. However, this had infuriated Lalit, who had shot off a three-page letter critising the CBI's action.
Reliance Telecom Group Managing Director Gautam Doshi and two senior vice-presidents Hari Nair and Surendra Pipara have been named as accused in the case.
Meanwhile, CBI senior counsel KK Venugopal told the bench that it would be filing chargesheet against former telecom minister Dayanidhi Maran in the Aircel, Maxis deal by the end of this month. He said that the chargesheet would be based on evidence collected within the country as the Malaysian authorities had refused to cooperate.
The senior counsel said that Attorney General Mukul Rohtagi had concurred with the opinion of Director of Prosecution and not with the CBI Director and suggested filing of the charge sheet.