The former Telecom Minister, A. Raja, on Friday told a special court that he would participate further in the trial only after the Central Bureau of Investigation, which last week introduced an additional charge of criminal breach of trust against him and the other accused in the 2G spectrum allocation scam case, declared in an affidavit the status of its probe. Stating that the agency had to clarify its position, counsel Sushil Kumar reminded Special Judge O.P. Saini that the CBI's senior public prosecutor A.K. Singh had told the court on July 14 that “investigation, as far as the same pertains to allegations contained in the instant charge sheet, is complete”.
“I am taking a very clear legal stand that until the CBI files an affidavit or says it on oath here that investigation is complete or going on, I will not argue further or participate in the proceedings,” Mr. Kumar said.
Counsel pointed to the CBI's submissions in the Supreme Court on Thursday that the role of Reliance chairman Anil Ambani and the funding in a charitable organisation run by Rajya Sabha member Kanimozhi (accused 17) were still under investigation. “I do not want any time. Give time to others. I am not filing any reply. I am not going to argue until CBI DIG S.K. Palsania and Superintendent of Police Vivek Priyadarshi are summoned and asked about the investigation…I will come back only after investigation is complete in RC-45 [the CBI case in the 2G scam].”
Special Public Prosecutor U.U. Lalit intervened to say Mr. Kumar must approach the Supreme Court since the trial court could not take cognisance of the proceedings in a higher court.
“My position is peculiar. I am the special public prosecutor. I am not arguing in the Supreme Court. I am appearing for the CBI only in this court. I will stand by the statement made by the prosecutor [Mr. Singh] that so far as the present charge sheet is concerned, the probe is complete,” Mr. Lalit said.
However, Mr. Lalit drew the court's attention to Section 173(8) of the Criminal Procedure Code, which allowed further investigation to continue even after the charge sheet was filed.
Mr. Kumar said the Supreme Court was closed and he would be able to approach it only on October 10.
Meanwhile, Mr. Saini gave time till October 7 to those accused who wanted to file replies to the additional charge introduced by the CBI last week.