CBI on Friday opposed in a Delhi court the separate pleas filed by Essar Teleholdings Limited (ETHL) and another accused in 2G spectrum scam seeking a joint trial in the case saying any "attempt to derail the trial" would be against the Supreme Court's order of day-to-day proceedings.
"The Supreme Court has not said please give effect to my order in such and such way...Any attempt to derail the trial will be against the Supreme Court's order of day-to-day trial," Special Public Prosecutor U U Lalit told the court which reserved its order on the pleas for September 2.
He also argued no prejudice would be caused to the accused if the trial was conducted separately in the case. During the arguments, senior advocate Harish Salve, who appeared for ETHL, said CBI has created a "mess" and a "big confusion" has been created due to their stand.
Salve told Special CBI Judge O P Saini that CBI had told the apex court that section 220 of CrPC (trial for more than one offence) would apply in the case while before the trial court, they have argued that it would not apply.
"CBI is coming with two voices. In the Supreme Court, they said section 220 of CrPC will apply and here they are saying it will not apply...If the Supreme Court says section 220 of CrPC will apply, it will apply," Salve said.
Regarding CBI's arguments that 146 prosecution witnesses have been examined in former Telecom Minister A Raja's case and 71 witnesses have recorded their statements in Essar-Loop case, Salve said ETHL was just demanding its right.
"If you have persuaded and told the Supreme Court that section 220 of CrPC will apply and that I have been made an accused in 2G scam, 146 or 1,460 witnesses will not matter.
I am demanding my right. I will not go to any other court," he said. ETHL, which is facing trial in a case arising out of the probe into the 2G spectrum scam along with the promoters of Essar Group and Loop Telecom, had moved the court seeking a joint trial with Raja and others in the case.
The private firm director Rajiv Agarwal, facing trial with Raja, too had moved a similar plea.
During the arguments, Salve said although joint trial would delay the trial CBI should go to the Supreme Court for clarification, if any.
"Yes, you (CBI) are right it will delay the trial but you argued in the Supreme Court that section 220 of CrPC will apply. That is your problem. Now you go to the Supreme Court for clarification.
I will not go anywhere," he said adding ETHL has not been charged under Prevention of Corruption Act. "This is a plain and simple case of cheating and it could have gone to a magistrate's court which could have taken cognisance on the charge sheet and marked the file to you (judge) for trial," he said adding "CBI has landed everybody in a mess."
Advocate Vijay Aggarwal, appearing for Rajiv Aggarwal, said there was no ambiguity in the apex court's order and they do not need any clarification. He argued even the 2G licences were issued on the same day and the court could order joint trial in this case "anytime anywhere".
Lalit, however, told the court "there is no compulsion that there should be joint trial." ETHL, in its plea, had sought joint trial citing a recent Supreme Court order holding them as co-accused in the case.
The apex court had on July 1 this year dismissed the plea of ETHL and Loop Telecom that they, along with their promoters, cannot be tried in the case arising out of 2G scam by the special CBI court as they have not been charged under the Prevention of Corruption Act.
The bench, while dismissing their plea, had referred to Section 220 (trial for more than one offence) and Section 223 of CrPC (persons charged jointly), saying the petitioners were co-accused in the said 2G scam case and may be charged and can be tried together with the other accused.
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