Noted lawyer Ram Jethmalani on Monday argued in a court here seeking bail for Trimex group chairman Koneru Prasad who is lodged in jail in Emaar township scam stating that the liberty of bail to his client was breached in the absence of charge sheet filed in the case.
The CBI had filed the charge sheet in the court on February 1 but it had not been supplied to the arrested persons so far because the court was yet to take cognizance of the document.
Mr. Jethmalani requested the court to remedy the situation by granting bail to Mr. Prasad if he was detained contrary to Article 21 of the Constitution which said that no person shall be deprived of his life or personal liberty. He also said that Section 207 of Criminal Procedure Code which mandates the magistrate to give the documents to accused was within the meaning of Article 21. Once Section 207 of Cr PC was breached, his client was deprived of liberty.
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He argued that Article 22 which entitled accused to all legal assistance was also breached in this case as Mr. Prasad's lawyers were in no position to discharge their duties in the absence of the charge sheet. But, the lawyers were only permitted a random inspection of the document on court orders.
Mr. Jethmalani made a strong pitch for bail to Mr. Prasad who was arrested on November 3 stating that a man on bail had a better chance to present his case than someone in jail. Citing the grant of bail to 2 G scam accused on the principle of personal liberty, he said the Emaar case was a pittance compared to 2G where Rs. 1.76 lakh crore was involved. Law could not be clearer than in 2G in the matter of bail.
The court reserved its verdict on supply of charge sheet while the CBI said it would present its argument on Friday.
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The CBI joint director V.V. Lakshminarayana took exception to the contention of the defence that the agency leaked the charge sheet to an English TV channel at New Delhi.