The jailed DMK leader and Former Telecom Minister A Raja took everybody by surprise on Friday by refusing to respond to CBI''s fresh plea to invoke additional charge of criminal breach of trust against all the accused till the agency clarifies its stand on the status of the probe.

All the 17 accused were to file their replies to Special CBI Judge O P Saini, but Raja’s advocate Sushil Kumar told the court that he would not participate in hearings till CBI clarified its position on the status of probe. This surprised the judge.

"I am taking a very clear stand that till the time CBI files an affidavit or says it on oath here that investigation is complete or going on, I am not going to participate in the proceedings of this case," Kumar said.

The lawyer of Raja, who is in judicial custody in Tihar jail, was agitated over alleged "contradictory" stands taken by CBI.

On one hand, CBI told the Supreme Court that it was still probing the roles of various persons, including industrialist Anil Ambani, and on the other hand, it said to the trial judge that charges should be framed as the investigation was over, he said.

"I do not want any time. Give time to others. I am not filing any reply. I am not going to argue till CBI DIG S K Palsania and its Superintendent of Police Vivek Priyadarshi are called here to clarify the position," he said.

The judge reacted to Kumar's statement, saying "Please do not make any comment on the Supreme Court here." 

Special Prosecutor U U Lalit tried to clarify CBI's stand and said he did not represent it in the Supreme Court. 

"I am not there in the SC. I am appearing for CBI in this case only in this court. I will stand by the statement made by the prosecutor that so far as the present charge sheet is concerned, probe is complete," Lalit said.