CBI in a Delhi court today sought the cancellation of the bail granted to Swan Telecom Promoter Shahid Usman Balwa in the 2G spectrum allocation case, saying his conduct requires reconsideration and recall of the relief given to him earlier.
The agency was responding to Balwa's plea seeking permission to withdraw answers given by him earlier to court in the ongoing 2G scam case trial.
"The conduct of A-4 (Balwa) in replying to the questions by including objectionable content thereafter is certainly in flagrant violation and breach of faith so reposed and the condition so imposed and, as such, the grant of bail to him requires reconsideration and recall by the court," CBI told Special CBI Judge OP Saini.
The agency said that the court should take proper action on the issue as per the law and may cancel the bail granted to the accused.
"Looking into the facts and circumstances and taking note of the objectionable content included by the accused and the other persons responsible for it, the court may take action as deemed fit... Against them," it said, adding that "the court may also cancel the bail granted to (Balwa)".
It also claimed that the "slant" in replies given by Balwa reflects that the objectionable content was not inadvertent but deliberately included.
"The trend and slant in replies given by accused person shows that the objectionable content was not inadvertent but included deliberately. It is also noticeable that all the accused have the same group of advocates and the objectionable content so included is thus not attributed merely to these accused," it alleged.
The court has fixed the matter for further hearing on May 28.
Balwa -- who had earlier faced the court's ire when it observed that he "deserved" to be taken into custody for his misconduct -- had filed a plea contending that he will "not raise any question of prejudice caused to him on grounds of non-understanding of any questions" asked by the court.
