A Special Court on Friday dismissed an application by the former Telecom Minister and an accused in the 2G case, Mr A Raja, seeking to defer the cross-examination of the witnesses by him.
The counsel for Mr Raja, Mr Sushil Kumar, refused to cross-examine the witnesses on the ground that the investigation in the case is still continuing.
The application of Mr Raja said the Special Court took cognisance of the case on April 2, at the instance of the CBI, “who knowingly and dishonestly filed an incomplete charge sheet to deprive” him of his right to seek bail.
Therefore, the cognisance and the consequent framing of charges on October 22 on the basis of an incomplete investigation are “bad in law”, he claimed.
He also alleged that the statements of witnesses recorded during the CBI investigation were not supplied to him. “As soon as the investigation in this case, which started on October 21, 2009, is completed and all the statements as mandated in Section 244 of the CrPC are supplied to the applicant, the right to recall the witnesses for the cross examination will be exercised,” he said in the application.
Though the Special Judge Mr O P Saini requested Mr Kumar to cross-examine the witnesses, Mr Kumar insisted that his refusal to do so be recorded.
Mr Kumar said the CBI had informed the Supreme Court that the agency’s probe regarding Loop Telecom was still on. He also wanted the Special Court to ask the agency whether the probe concerning all the 17 accused in the case was over, and pointed out that until now only one FIR has been registered by the agency in the matter.
When the judge asked Mr Raja whether he wishes to cross-examine the accused or wishes to go by the statement of his advocate (refusing to conduct the cross-examination), Mr Raja chose to go by his lawyer’s statement.
“Accordingly, the cross examination for accused Mr A Raja would be taken as ‘nil’,” the judge noted in his order. After rejecting Mr Raja’s application, the judge began recording the statement of the prosecution witness.