Three accused in the 2G spectrum case on Thursday moved a Delhi court seeking alteration of charges framed against them saying there were errors and contradictions in the order of framing of charges, which need to be corrected for a fair trial.
The accused R.K. Chandolia, former Private Secretary of former Telecom Minister A. Raja, Swan Telecom promoter Shahid Usman Balwa and Kusegaon Fruits and Vegetables director Asif Balwa contended the order on charges dated October 22 did not specify the manner in which various offences were committed.
“The manner in which various offences have been committed is not set out in the charge in accordance with the illustration of the section 213 CrPC (manner of committing offence must be stated) in order to give the applicant/accused sufficient notice of the matter with which he is charged and is required to be specified,” they said in an application before Special CBI Judge O.P. Saini who posted the hearing to November 25. The counsel for the accused said the “contradictions and errors” in the order of framing of charges against them need to be corrected for a fair trial.
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“If the error in the charges is such that the whole trial will be vitiated and it will be a prejudice against the accused, they must be corrected for a fair trial,” advocate Vijay Agarwal appearing for Mr. Chandolia and Mr. Asif Balwa said.
Mr. Agarwal said that before putting an accused on trial under section 409 IPC (breach of trust) and 420 IPC (cheating and dishonestly inducing delivery of property), the amount of money or quantity of alleged ‘property’ has to be specified.