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CBI today opposed in a Delhi court the separate pleas filed by Essar Teleholdings Limited (ETHL) and another accused in 2G spectrum scam seeking a joint trial in the case saying any 'attempt to derail the trial' would be against the Supreme Court's order of day-to-day proceedings.
'The Supreme Court has not said please give effect to my order in such and such way...Any attempt to derail the trial will be against the Supreme Court's order of day-to-day trial,' Special Public Prosecutor U U Lalit told the court which reserved its order on the pleas for September 2.
He also argued no prejudice would be caused to the accused if the trial was conducted separately in the case.
During the arguments, senior advocate Harish Salve, who appeared for ETHL, said CBI has created a 'mess' and a 'big confusion' has been created due to their stand.
Salve told Special CBI Judge O P Saini that CBI had told the apex court that section 220 of CrPC (trial for more than one offence) would apply in the case while before the trial court, they have argued that it would not apply.
'CBI is coming with two voices. In the Supreme Court, they said section 220 of CrPC will apply and here they are saying it will not apply...If the Supreme Court says section 220 of CrPC will apply, it will apply,' Salve said.
Regarding CBI's arguments that 146 prosecution witnesses have been examined in former Telecom Minister A Raja's case and 71 witnesses have recorded their statements in Essar-Loop case, Salve said ETHL was just demanding its right.
'If you have persuaded and told the Supreme Court that section 220 of CrPC will apply and that I have been made an accused in 2G scam, 146 or 1,460 witnesses will not matter. I am demanding my right. I will not go to any other court,' he said.
ETHL, which is facing trial in a case arising out of the probe into the 2G spectrum scam along with the promoters of Essar Group and Loop Telecom, had moved the court seeking a joint trial with Raja and others in the case.
The private firm director Rajiv Agarwal, facing trial with Raja, too had moved a similar plea.
