During recording of the statement, Sangeeta Lakhi, who is associated with a law firm and was also on the board of directors of some Essar group companies, said she used to receive instructions from I P Khaitan and Kiran Khaitan, the promoters of Loop Telecom and accused in the case, regarding Santa Trading (P) Limited (STPL), which, according to the CBI, was controlled by Essar.
This prompted CBI Prosecutor A K Singh to cross examine the witness on the ground that in her statement to the CBI, she had said she used to receive instructions regarding STPL from Vikash Saraf, Essar group Director (Strategy and Planning) and accused in the case.
During cross examination by the prosecutor, Lakhi said, "It is wrong to suggest that I told the investigating officer (IO) that I used to seek instructions mainly from Vikash Saraf and Amit Gupta. It is further wrong to suggest that I told the IO that accordingly resolution to this effect used to be passed and signed by me whenever I was chairman."
She, however, told Special CBI Judge O P Saini, "As far as transaction aspect is concerned, I used to receive instructions from Vikash Saraf and Amit Gupta." "Instructions about Shipping Stop Dot Com (India) (P) Limited, later on (changed to) Loop Telecom (P) Limited, also used to be received from its holding companies, that is, Loop Mobile Holding (India) Limited and Santa Trading (P) Limited,"
she said during her cross-examination by the prosecutor. According to Lakhi's statement to the CBI, it is recorded that "I used to seek instructions mainly from Vikash Saraf and Amit Gupta. Accordingly, resolution to this effect used to be passed and signed by me wherever I was chairman".
Asked by the judge to clarify the contradictions in her statement, Lakhi said that the portion written in her statement "has been wrongly recorded." She also said "it is wrong to suggest that I did not use to receive any instruction from I P Khaitan and Kiran Khaitan regarding board resolutions. As far as I remember I had told the IO about receiving instructions from I P Khaitan and Kiran Khaitan also, but I cannot say why this fact has not been recorded by the IO."
During her cross examination by senior advocate S V Raju, who appeared for Essar Group promoters Ravi and Anshuman Ruia and accused firm Essar Teleholdings Limited, Lakhi said Loop Telecom Limited, Loop Mobile (India) Limited, Loop Mobile Holding (India) Limited and Santa Trading (P) Limited were "not part of Essar Group."
Ruias, Khaitans and Saraf, along with three companies; Loop Telecom Pvt Ltd, Loop Mobile India Ltd and Essar Teleholdings Ltd are facing trial in the case. The court had framed charges of conspiracy to cheat the government against them.
The court had said that all the accused were charged with the offence under Section 120 B (criminal conspiracy) read with Section 420 (cheating) of IPC, substantial charge of cheating was made out against Saraf.
The CBI, in its charge sheet, had alleged that Essar, which already had a stake as an existing telecom operator, created a "front company" Loop Telecom to secure additional spectrum which was in contravention of then telecom policy.
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