 "2G PMLA case: Court allows ED's plea for using I&B ministry files")
Enforcement Directorate (ED) has been allowed by a special court here to use two files of the Ministry of Information and Broadcasting in the examination of a witness in the 2G scam-related money laundering case in which ex-telecom minister A Raja and others are facing trial.
Special CBI Judge O P Saini allowed ED's plea, saying that the use of these two files for the examination of witness Navil Kapur, under secretary in the I&B Ministry, was "essential" for a just decision in the case.
"I find that since the files are already in the custody of the court, the use of two files in the examination of Navil Kapur is essential for a just decision in the case," the judge said, adding, "Accordingly, the use of two files in this case and examination of Navil Kapur as a witness is allowed".
During arguments on the plea, special public prosecutor Anand Grover said that production of the files was necessary as they contain information about tenure of DMK MP Kanimozhi, a co-accused in the case, as one of the directors in accused firm Kalaignar TV (P)Ltd and also for Kapur's examination.
Grover also argued that the information sought was quite relevant for the disposal of the case as these documents relate to the facts contained in the ED's complaint and it does not amount to filling up of lacunae or to prejudice the accused.
Opposing ED's plea, the counsel appearing for Kalaignar TV (P) Ltd contended that the agency was trying to fill up the lacunae and has failed to establish relevance of the documents and evidence sought to be produced.
The defence counsel also argued that production of these files at this stage may cause prejudice to the accused.
The judge, while allowing ED's plea, said there was no question of directing the ministry to produce these files as these documents were already in the court's custody.
Special CBI Judge O P Saini allowed ED's plea, saying that the use of these two files for the examination of witness Navil Kapur, under secretary in the I&B Ministry, was "essential" for a just decision in the case.
"I find that since the files are already in the custody of the court, the use of two files in the examination of Navil Kapur is essential for a just decision in the case," the judge said, adding, "Accordingly, the use of two files in this case and examination of Navil Kapur as a witness is allowed".
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The court, in its order, also said that copies of the two files have already been supplied to the accused and they would get the liberty to cross-examine the witness.
During arguments on the plea, special public prosecutor Anand Grover said that production of the files was necessary as they contain information about tenure of DMK MP Kanimozhi, a co-accused in the case, as one of the directors in accused firm Kalaignar TV (P)Ltd and also for Kapur's examination.
Grover also argued that the information sought was quite relevant for the disposal of the case as these documents relate to the facts contained in the ED's complaint and it does not amount to filling up of lacunae or to prejudice the accused.
Opposing ED's plea, the counsel appearing for Kalaignar TV (P) Ltd contended that the agency was trying to fill up the lacunae and has failed to establish relevance of the documents and evidence sought to be produced.
The defence counsel also argued that production of these files at this stage may cause prejudice to the accused.
The judge, while allowing ED's plea, said there was no question of directing the ministry to produce these files as these documents were already in the court's custody.