Swan is one of the firms which got a licence at bargain-basement prices thanks to telecom minister A Raja.
The UAE-based Emirates Telecommunication Corporation (Etisalat) on Thursday filed a petition against Shahid Balwa and Vinod Goenka, promoters of the beleaguered Swan Telecom, for "fraud and misrepresentation".
The agency had earlier alleged that the company had sold its 9.1% stake to Delphi for Rs 10 crore --a rate much lower than the prevalent market price.
The fear of another scam pushed the government into a rather long period of so-called 'policy paralysis'. To play it safe, the price of spectrum in all subsequent auctions was benchmarked to the high 3G rates, says Surajeet Das Gupta.
Going by application dates, companies like Spice, Birla-promoted Idea Cellular, Reliance Communications (through Swan and Cheetah) and Hindustan Futuristic are in the lead for licences in different circles. The only new player in the list is the little-known ByCell.Several incumbents like Idea Cellular, Maxis-Aircell, owned by a Malaysian promoter, and Vodafone-Essar lead the list of applicants for initial spectrum allocation since they already hold licences.
New telecom operators such as Swan, Unitech, Datacom and Loop, and Reliance Communications have asked regulator Trai to reduce the termination charges, while existing GSM players, led by Bharti, want the 30 paise per minute charge to continue.
Balwa, who is accused along with 16 others in the case, claimed that he cannot be prosecuted for pushing back Tata in the race as the firm was never in the race to get the 2G spectrum licence
The court said a 'scam was created when there was none'.
The high court's order came on a plea by acquitted individual and Kusegaon Fruits and Vegetables Pvt Ltd director Asif Balwa that the CBI has not placed on record the mandatory authority under the provisions of the CrPC.