Antrix Devas deal case: Court returns CBI’s chargesheet after 10 years for want of jurisdiction

NEW DELHI: A Special CBI court at New Delhi returned the chargesheet filed by the Central Bureau of Investigation (CBI) in the 2016 Antrix Devas Deal case after 10 years for want of jurisdiction. However, the court granted liberty to the CBI to file the chargesheet before the competent court in Bengaluru.

One of the accused, Veena S Rao, sought transfer of the case as all the alleged offences took place at Bengaluru. Special CBI Judge Atul Krishna Agrawal returned the chargesheet after allowing the application of Veena S Rao, which she had moved through advocate Chirag Madan.

“Accordingly, the present case file, along with its annexures and all documents, should be returned to the Investigation Officer (IO) of the CBI. The IO is at liberty to present the same before the competent court having jurisdiction to adjudicate the present matter”, the Special Judge ordered on Wednesday.

The chargesheet was originally filed by the CBI on August 11, 2025, in connection with alleged illegalities in the leasing of S-Band spectrum, a restricted wavelength of INSAT satellites, to deliver video, multimedia and information services to mobile receivers in vehicles and mobile phones.

The agreement in question was executed between Antrix Corporation Ltd., the commercial arm of the Indian Space Research Organisation (ISRO), and Devas Multimedia Pvt. Ltd. The Special Court had taken cognisance of the charge sheet on September 16, 2017.

Veena S Rao had challenged the territorial jurisdiction of the Special Judge, CBI, New Delhi. Her counsel, Chirag Madan, along with Advocates Rahul Agarwal, Ronit Bose, and Rachael Tuli, contended that the allegations contained in the chargesheet related to an alleged conspiracy and offences under the Prevention of Corruption Act that had taken place within the jurisdiction of Bengaluru, Karnataka, and that no part of the alleged offences had occurred within Delhi.

It was submitted that the statutory framework and the law laid down by the Supreme Court make it clear that jurisdiction must be determined on the basis of the place where the offences under the Prevention of Corruption Act were allegedly committed.

It was further contended that only the offences under the Prevention of Corruption (PC) Act would determine jurisdiction and not the alleged offences under the Indian Penal Code, 1860, as claimed by the CBI. It was argued that all material events connected with the alleged offences under the PC Act had occurred in Bengaluru.

The counsel further submitted that the Department of Space, the Indian Space Research Organisation and Antrix Corporation Ltd. are all based in Bengaluru, and the registered office of Devas Multimedia Pvt. Ltd. is also located there. All the offences took place at Bengaluru; therefore Special Court in New Delhi lacked territorial jurisdiction under Section 4(2) of the PC Act, 1988.

On the other hand, Senior Counsel Sanjay Jain appeared for the CBI. He argued that several incidents connected with the alleged offences had occurred in New Delhi.

According to the CBI these included the 122nd and 127th meetings of the Technical Advisory Group (TAG) of the INSAT Coordination Committee, the 104th meeting of the Space Commission where the issue of the GSAT-6 satellite, which was being developed for Devas, was discussed, as well as the signing of the Cabinet note and the License Agreement for the provision of internet services and the approval of the proposal relating to the GSAT-6 satellite.

It was argued that in view of Sections 3 and 4 of the Prevention of Corruption Act, 1988, along with Section 178 of the Code of Criminal Procedure. The Special Court in New Delhi possessed the requisite jurisdiction to try the matter.

On September 2, 2025, A Special CBI court at New Delhi has directed the Central Bureau of Investigation (CBI) to conduct further investigation to ascertain the role and conduct of former additional secretary SK Das and former Chief Vigilance Officer RG Nadadur in connection with the Antrix Devas Deal. Both were with the Department of Space at the relevant time.

The CBI had in the year 2016 filed a charge sheet in the Antrix-Devas scam about alleged illegalities in leasing of S-Band, a restricted wavelength of the INSAT satellites to deliver video, multimedia and information services to mobile receivers in vehicles and mobile phones to Devas Multimedia by Antrix, the commercial arm of the Indian Space Research Organisation (ISRO).

Veena S Rao, an accused in this case, had moved an application seeking further investigation. The counsel for the accused Veena S Rao submitted that on the basis of scrutiny of the charge sheet and documents provided to her, she has valid reasons to suspect that the investigation done by CBI is unfair and unjust, as is evident from the record.

An incomplete and insufficient investigation done by CBI has resulted in letting off those who were actually involved in committing offences and arraying Veena S Rao, who has not committed any offence, she had stated.

It was stated by her that an investigation was required into the acts of commission and omission on the part of SK Das, the then Member (Finance) and Member, Space Commission (December 2004 to October 2005), who had also served as Joint Secretary and Additional Secretary (for the period 1997 till December 2004).

It was contended that S K Das, being the then Member, Finance and Member, Space Commission and also as Former Additional Secretary, was completely aware of the evolution of the Antrix Devas Agreement from its inception, in August 2003, and that satellite GSAT 6 and its transponders were meant for Devas.

It was also contended that SK Das had attended the August 2003 meeting, wherein the MoU between M/s Forge Advisors and Antrix was signed. He also attended the Antrix board meeting of June 11, 2004, wherein the entire JV proposal between M/s Forge Advisors and Antrix and the construction of a satellite for the Devas project were discussed, and an “in principle” approval was given for taking the JV proposal forward and entering into a preliminary agreement with M/s Forge Advisors.

Counsel Chirag Madan further contended that SK Das had also received communications of 20th and 27th Sept 2004, regarding the term sheets sent by DEVAS LLC, USA for finalisation of the agreement between Devas and ISRO/ Antrix, setting up of Devas Multimedia India Pvt. Ltd.(DMPL), specifications of the satellite to be delivered by ISRO/Antrix, payments, etc.

It was submitted that SK Das had also attended the 58th meeting of the Antrix board held on March 17, 2005, wherein the then Chairman Antrix informed the Antrix board, while welcoming the directors, that Antrix Corporation Ltd. had signed a contract worth US $144 million with M/s Devas Multimedia Pvt. Ltd. for leasing S Band transponders over a period of 12 years.

Despite having this knowledge, he concealed this fact when he as Member Space Commission, which approved the construction of S band satellite GSAT 6, in the 104th Space Commission Meeting, held on May 26, 2005, the counsel argued.

It was further contended that SK Das also concealed the fact of Antrix Devas agreement and that the transponders of S-Band satellite GSAT 6 had already been leased out to Devas, while approving the cabinet note for the construction of S-Band satellite GSAT 6 and then recommending it to the Finance Minister for approval.

It was also contended that further investigation becomes imperative since IO has recorded the statement of SK Das under section 161 CrPC wherein he had admitted that he was aware of the Antrix Devas agreement and leasing of transponder capacity to Devas, but did not consider it necessary to inform the Space.

Commission, taking a plea that the essence of the matter had been stated in adequate measure for the Space Commission to take a decision. So the active role of SK Das in facilitating the Antrix Devas agreement and its deceitful concealment needs to be investigated. (ANI)