The special court hearing the 2G spectrum case on Tuesday rejected the bail applications moved by Etisalat DB promoter Shahid Usman Balwa, Kusegaon Fruits and Vegetables director Asif Balwa and Rajiv Aggarwal, noting that they had failed to make out a case for bail.
Special judge O.P. Saini took into consideration the CBI's opposition for bail as some of the witnesses were employees in the companies of the accused. “As such, when there is a relationship of employer and employee between the accused and the witnesses or the accused is comparatively in an advantageous position, economically and financially vis-a-vis the witnesses, such an apprehension cannot be dismissed as unfounded,” Mr. Saini said.
The CBI also opposed the bail plea of the former Telecom Secretary, Sidhartha Behura, noting that his role in the “arbitrary and unfair manner” of allocation of 2G spectrum to Swan Telecom in the Delhi circle.
The investigating agency also referred to the distribution of Letter of Intent in a manner that “unjustifiably benefited” Swan Telecom and Unitech Wireless.
Scolds Aggarwal
Meanwhile, Rajiv Aggarwal, Director of Kusegaon Fruits and Vegetables, who was caught with a mobile phone in Tihar Jail, was scolded by Mr. Saini. “I have received a letter from the jail authorities that you were having a mobile phone. Why did you take the mobile phone in jail,” the judge asked Mr. Aggarwal.
The accused apologised and called it a “human error.”
The judge also warned that family members of the accused and others were creating obstacles and told them that being in court was not “a matter of right.” In the same vein, he also cautioned mediapersons to uphold the decorum of the court.
“No one should show his/her back to the court. I don't want talking and laughing here. Stop using mobile phones inside the courtroom during the proceedings,” the judge told reporters.
DMK leader M.K. Stalin, accompanied by the former Union Minister, T.R. Baalu, met party MP Kanimozhi in court in the morning.
