The CBI today opposed the plea by Swan Telecom Promoter Shahid Usman Balwa and two others, arrested in the 2G spectrum scam, seeking monitoring of probe by the special court, saying it is "infructuous".
In its reply filed before Special Judge O P Saini, the agency said the chargesheet has been filed against the accused after thorough investigation and there are sufficient materials to establish the allegations.
Shahid Balwa, his cousin Asif Balwa and Rajeev Agarwal, both Directors of Kusegaon Fruits and Vegetables Pvt Ltd, had moved an application seeking monitoring of the probe by the court.
"The applicant has joined the court proceedings. There is no scope for any direction under section 156 (3) of the CrPC. Accused may be directed/advised to advance all his contentions before this court. The ground mentioned in the application is infructuous and liable to be rejected," CBI said in its reply.
The agency said that after filing of the chargesheets, the contentions raised by the accused are of no significance.
"Most of the contentions of the accused are in the reply to the allegations levelled in the FIR. Now, the chargesheets have been filed and accused have been given the copies of police papers to prepare for defence. These contentions are of no significance," the agency said adding the probe in the case is under constant monitoring of the Supreme Court.
"The chargesheet dated April 2 and supplementary chargesheet dated April 25 are the result of a thorough and fair investigation conducted into the matter on the basis of material collected during investigation.
"The material collected during investigation i.e. oral, documentary and circumstantial, are more than sufficient to establish/prove the allegations against the accused persons," CBI said in its joint reply on petition filed by Asif and Rajeev.
The agency also made it clear that probe in the case would not be guided by the contentions raised by the accused.
"Accused were called to join the investigation. Whatever they stated was considered in the light of the facts and circumstances of the case but it does not mean investigation in all circumstances be guided by the statement/ contentions of the accused persons," it said.
Meanwhile, DMK MP Kanimozhi was present in the court along with Kalaignar TV managing director Sharad Kumar.
The court had earlier dismissed their plea seeking personal exemption on May 9 and 10. The court would pronounce its order on their bail plea on May 14, a day after the Tamil Nadu Assembly election result will be declared.
Kanimozhi, who had come in the court with her husband Aravindan, was seen talking to former telecom minister and key accused A Raja. She was also reading book during the days' proceeding.
Cineyug Films Pvt Ltd Director Karim Morani, named in the second chargesheet, sought exemption from personal appearance today on health ground which the court allowed. |