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2G accused seek easier bailout
The accused in the 2G scam case, including former Telecom Minister A Raja, told a city court on Thursday to separately deal with CBI’s fresh plea to invoke additional charge of criminal breach of trust against them to enable them to seek bail in the 2G spectrum allocation scam.
“There is no harm if the issue of Section 409 of IPC is dealt with later on,” Raja told Special CBI Judge OP Saini.
The accused cited constitutional provisions and a Supreme Court order - that bail applications can be entertained only after the trial court frames charges. They said the court, which was to pronounce its order on framing of charges on September 15, should now go ahead and decide applicability of charges invoked earlier by the CBI.
IPC Section 409 (criminal breach of trust) provides for life term as maximum punishment. If dealt with separately, bail pleas could be moved as the accused have been in jail for over six months now. Penal provisions under which the accused have been charged so far provided for seven years’ jail term as the maximum sentence, if found guilty.
The accused made their plea shortly after the court concluded hearing arguments on a report of the Ministry of Law & Justice. Raja said the CBI had moved the fresh plea for framing another charge without bringing in new facts.
Shahid Usman Balwa supported the submission, saying, “Arguments on Section 420 (cheating) of IPC continued for over a month and this new charge would also take another two-three months as the whole charge sheet would be read again.”
However, Balwa’s oral submissions irked the special CBI judge. “Do not compel me to open my mouth. Why would it take two months to advance arguments on this one charge?” Saini asked. The visibly-agitated judge asked the accused to raise such issues either in their replies or through lawyers.
“You people are reading same material again and again. Wait for Friday and file your reply on the new charge. Why you are in a hurry? Go back,” said Saini. Balwa countered by saying it was a fundamental right of an accused to express his views.
The CBI has sought framing of additional charge of criminal breach of trust against Raja, his former personal secretary RK Chandolia and former Telecom secretary Siddharth Behura. It also sought to try rest 14 accused, Kanimozhi and Shahid Balwa under the same penal provision by making them a party to criminal conspiracy hatched by Raja and two other public servants.
“There is no harm if the issue of Section 409 of IPC is dealt with later on,” Raja told Special CBI Judge OP Saini.
The accused cited constitutional provisions and a Supreme Court order - that bail applications can be entertained only after the trial court frames charges. They said the court, which was to pronounce its order on framing of charges on September 15, should now go ahead and decide applicability of charges invoked earlier by the CBI.
IPC Section 409 (criminal breach of trust) provides for life term as maximum punishment. If dealt with separately, bail pleas could be moved as the accused have been in jail for over six months now. Penal provisions under which the accused have been charged so far provided for seven years’ jail term as the maximum sentence, if found guilty.
The accused made their plea shortly after the court concluded hearing arguments on a report of the Ministry of Law & Justice. Raja said the CBI had moved the fresh plea for framing another charge without bringing in new facts.
Shahid Usman Balwa supported the submission, saying, “Arguments on Section 420 (cheating) of IPC continued for over a month and this new charge would also take another two-three months as the whole charge sheet would be read again.”
However, Balwa’s oral submissions irked the special CBI judge. “Do not compel me to open my mouth. Why would it take two months to advance arguments on this one charge?” Saini asked. The visibly-agitated judge asked the accused to raise such issues either in their replies or through lawyers.
“You people are reading same material again and again. Wait for Friday and file your reply on the new charge. Why you are in a hurry? Go back,” said Saini. Balwa countered by saying it was a fundamental right of an accused to express his views.
The CBI has sought framing of additional charge of criminal breach of trust against Raja, his former personal secretary RK Chandolia and former Telecom secretary Siddharth Behura. It also sought to try rest 14 accused, Kanimozhi and Shahid Balwa under the same penal provision by making them a party to criminal conspiracy hatched by Raja and two other public servants.
