A special court today pulled up CBI for "withholding" documents and prolonging proceedings in the 2G spectrum allocation scam by repeatedly seeking time to submit more information.
Special CBI Judge OP Saini observed that if the situation goes on like this, the cases would be "endless" and nobody would have "faith" in judiciary.
The judge said that CBI had earlier also filed documents "dozen" of times before the court and asked why the agency was "withholding" them despite being given several opportunities.
"There is no limit to this. I know even if I allow it, it is not going to end after that also. The cases will be endless then and no body would have faith in courts. I am so liberal and every time I allow your application even if defence counsel opposes. You file additional documents saying it is a big case so please allow it. But you cannot kill anyone under the name of big case," the judge said.
The judge also added, "My only query is why you (CBI) were withholding them earlier.... Why there is so much of delay and why you had not filed it earlier." The observations came while the court was hearing CBI's arguments seeking permission to summon some additional witnesses, including Enforcement Directorate (ED's) Deputy Director Rajeshwar Singh, in the case.
CBI has also sought permission to place some additional documents on record saying they were necessary to arrive at the truth.
During the hearing, special public prosecutor Anand Grover argued that new material which the CBI was seeking to place on record would show if DMK MP Kanimozhi, an accused in the case, was an active director in the Kalaignar TV Pvt Ltd.
He submitted that the materials would also show whether the money transactions between different entities, including Kalaignar TV Pvt Ltd, were genuine business transactions or they were proceeds of crime.
The court after hearing the arguments reserved its order on CBI's plea for September 17.
The court had yesterday closed defence evidence in the case and has fixed the matter for November 10 for hearing final arguments. Besides Rajeshwar Singh, CBI has sought court's permission to call ED's Assistant Director Satyendra Singh, Under Secretary of Ministry of Information and Broadcasting Navil Kapur and bank official D Mani. Apart from these four persons, the agency has sought to recall General Manager (Finance) of Kalaignar TV (P) Ltd G Rajendran, who had earlier deposed as a witness in the case, for further examination.
CBI, in its plea, has said these persons were required to be examined as witnesses in the ongoing trial as some new facts have emerged in the investigation conducted by the ED which has recently filed a separate charge sheet against 19 accused in a 2G scam related money laundering case. The probe agency had also referred to the order passed by the Supreme Court on November 27, 2012 in which it had asked CBI, Income Tax department and the ED to work together and share information pertaining to the 2G spectrum cases.
During the arguments today, CBI argued that as per the provision of CrPC, even if there was an error on the part of prosecution in bringing relevant documents on record, they should be allowed at a later stage for a fair decision. Former Telecom Minister A Raja, former Telecom secretary Sidharath Behura, DMK MP Kanimozhi, Raja's erstwhile private secretary R K Chandolia, Swan Telecom promoters Shahid Usman Balwa and Vinod Goenka, Unitech Ltd MD Sanjay Chandra, Reliance ADAG executives Gautam Doshi, Surendra Pipara and Hari Nair are facing trial in the case.
Besides them, Bollywood producer Karim Morani, Kalaignar TV Managing Director Sharad Kumar and Directors of Kusegaon Fruits and Vegetables Pvt Ltd, Asif Balwa and Rajiv Agarwal, are also facing trial in the case. Besides these 14, three telecom firms-- Swan Telecom Pvt Ltd, Reliance Telecom Ltd and Unitech Wireless (Tamil Nadu) Pvt Ltd-- are also accused in the case. Raja, Kanimozhi, Shahid Balwa, Vinod Goenka, Asif Balwa, Rajiv Agarwal, Karim Morani and Sharad Kumar, along with others, were also chargesheeted by the ED in the money laundering case.
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