2G case: Court rejects CBI plea to re-introduce documents

Agency wraps up final arguments on the case

2G case: Court rejects CBI plea to re-introduce documents
A special CBI court on Tuesday rejected the CBI’s plea to re-introduce a 15,000-page document in the 2G case saying it would prejudice the accused and delay the trial. Special CBI Judge O P Saini rejected the CBI plea, eight months after it filed a petition to that effect.

The decision comes on the day when the central agency wrapped up its final arguments and the court fixed February 1 for the defence to present its final arguments before the judgment.

In its petition filed in April, the CBI said the documents are “fresh certified” copies of those already exhibited and “properly” proved in court.

It said the documents have to be put on record once again to “rectify” certain objections the defence raised in the course of the trial.

“Prosecution may be allowed to rectify the objections (raised by defence) by placing fresh certified copies of the documents,” the CBI pleaded in its petition.
Most of the accused, including former telecom minister A Raja, have opposed the plea on several grounds.

“If the documents are allowed to be placed on record that would prejudice the accused and it would amount to filling lacunae in this case,” senior advocate Hariharan argued on behalf of Surendra Pipara, one of the three top executives of the Reliance ADAG facing trial in the case.

The defence counsels have also argued that accepting the CBI’s plea would reopen the case and claimed that the prosecution was trying to introduce entirely different sets of documents from the ones on record. Concurring with the defence, the court said the CBI was not clear about why it wanted to introduce documents already on record and termed the agency’s application “vague and contradictory”.

“Furthermore, comparing the documents already on record with those sought to be filed by the prosecution is a long, tedious, difficult and complex task. It is not easy to compare, 15,000 page documents already on record with the 15,000-pages being sought to be filed now,” the court observed. The court noted the “huge controversy” among the parties on the nature and the contents of the documents the CBI wanted introduced.

“...if 15000-page documents were suffering from deficiency regarding proper certification, it itself is a comment on the party trying to place them on record. Deficiency in such a large number of documents is not a simple defect which can be cured or allowed to be cured. It goes to the root of the matter, and if it is really so, curing of defects would certainly prejudice the accused,” the court added.

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