Two jailed directors of a DB group company and accused in 2G scam on Tuesday told a Delhi court that CBI was linking two separate money transactions, one between Dubai-based Etisalat and Swan Telecom and another between Dynamix Realty to Kusegaon, to prove its case.
Asif Balwa and Rajeev Agarwal opposed framing of charges under various provisions of the IPC and the Prevention of Corruption Act for their alleged roles in felicitating transfer of Rs 200 crore bribe through their firm Kusegaon Fruits and Vegetables Pvt Ltd.
The alleged bribe ultimately reached to DMK-run Kalaignar TV whose stakeholders, Kanimozhi and Sharad Kumar, are also co-accused in the case.
CBI, in its charge sheets, alleged Shahid Usman Balwa- promoted Swan Telecom, an accused in 2G scam, got Rs 3,228 crore from Etisalat and immediately after, Rs 209 crore was moved from Dynamix Realty to Kusegaon Fruits as bribe which finally reached Kalaignar TV.
"These two are independent transactions which CBI has been linking. CBI has connected the transactions between Etisalat and Swan and the one between Dynamix and Kusegoan even when there is no relation between the two companies," Vijay Aggarwal, counsel for both directors, told Special CBI Judge O P Saini.
Both the accused have been chargesheeted for routing Rs 200 crore bribe to Kalaignar TV in which Kanimozhi, Sharad Kumar and DMK supremo M Karunanidhi''s wife Dayalu Ammal hold 20, 20 and 60 per cent stakes respectively.
The offloading of equities by Swan Telecom, now Etisalat DB, to Etisalat after receiving Rs 3,228 crore and alleged bribe trail of Rs 200 crore are two separate transactions and "unconnected" with each other, the defence lawyer, seeking discharge from the case, said.
"The two unconnected transactions were connected and the second charge sheet was filed by CBI because the agency knew that its first charge sheet could not stand on its own feet and so the second charge sheet was nothing but crutches provided to the first one," he said. There are contradictions in the second charge sheet filed on April 25, he said.
"There are three inherent contradictions in the charge sheet, we do not know when did the conspiracy for Rs 200 crore quid-pro-quo start, source of this money is not there and the basic case of CBI is turned upside down," he said.
He also rubbished CBI's claim that the two Directors of Kusegaon Fruits and Vegetables Pvt Ltd created "ante-dated documents" after registration of the FIR in 2009 to give the transaction of Rs 200 crore the colour of loan transaction. "The documents CBI has annexed with the charge sheet are the ones that had come into existence in the year 2008, much before the registration of FIR in October, 2009. |