HC reserves order on 2G case accused plea on CBI documents

The Delhi High Court today reserved its order on a plea by a 2G spectrum case accused for an early decision by the trial court on the objections raised by him and others on admissibility of some documents placed by CBI as evidence.

Asif Balwa, a businessman facing trial in the case before Special judge O P Saini, had pleaded to the High Court that the special judge continues with the trial without deciding on the objections questioning the document's evidential value by various accused.

The trial court's failure to promptly decide his objections against the documents would prejudice the case against him, he had contended.

"The judgement is reserved," Justice M L Mehta said after hearing arguments on behalf of Kusegaon Fruits and Vegetables Pvt Ltd's Director Balwa and those of CBI.

Initiating arguments, Balwa's counsel Vijay Agarwal said the Delhi High Court rules say that any objection raised by lawyers about the "reliability and admissibility" of a document as evidence be decided promptly.

"Such decisions (by the trial judge) would make the accused aware as to whether the documents, produced by CBI or by the witness, would be relied upon and read against them or not at the time of final judgement in the case," he said.

"The objection about admissibility of a document, produced by a witness during the trial, as a piece of evidence should be decided then and there by the trial judge.

And, if such objections are not decided, then it would amount to denial of fair trial to the accused," he said.

Sonia Mathur, appearing for CBI, however, opposed the plea saying "if the trial judge is forced to decide objections promptly, then the purpose of having day-to-day trial would be defeated."

Balwa is accused of playing a role in routing of Rs 200 crore to DMK-run Kalaignar TV as bribe from a firm promoted by Shahid Usman Balwa, an alleged beneficiary of the scam.

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