New Delhi: A Delhi court on Thursday deferred till on Friday its order on the plea filed by Swan Telecom promoter Shahid Usman Balwa, seeking permission to withdraw answers given by him earlier to court in the 2G spectrum case trial.
Special CBI Judge O P Saini, who had fixed the matter for order on Thursday, slated it for tomorrow saying the order was not yet prepared.
"The order is not ready," the judge said.
CBI had yesterday argued in court that Balwa's plea was nothing but a "sinister design" to take the court for a "ride".
During the arguments, Special Public Prosecutor U U Lalit had submitted that Balwa's earlier contention that he had failed to understand the questions asked by the court under the provisions of the CrPC was not an "inadvertent error" and it was a "smart and calculated" move.
He had also contended that it was a "breach of faith" reposed by the court on the accused and they must be fair to the court.
Balwa's counsel, however, had argued that it was only an inadvertent error and nothing had been done deliberately.
On CBI's contentions that bail granted earlier to Balwa may be cancelled, his lawyer had argued it was not the case that his client has tampered with evidence or threatened any witness.
The counsel had also argued that if the court feels that something wrong has been done, he was offering unconditional apology.
CBI had earlier sought cancellation of the bail granted to Balwa, facing trial in the 2G case, saying his conduct requires reconsideration and recall of the relief given to him earlier.
Balwa had earlier faced the court's ire when it observed that he "deserved" to be taken into custody for his misconduct.
He had filed a plea contending that he will "not raise any question of prejudice caused to him on grounds of non-understanding of any question asked by the court.
Balwa had said that during the recording of his statement, which was deferred by the judge, all questions were explained properly by the court.
He had apologised to the judge, saying he had not done anything intentionally. He had offered the apology after CBI had alleged that Balwa had deliberately stated that he had not understood the questions being asked by the court.
The stage for the recording of evidence of former Telecom Minister A Raja and 16 other co-accused, including DMK MP Kanimozhi, was set earlier when the court supplied a draft questionnaire to the accused containing 1,718 questions and running into 824 pages.
Besides Raja, Kanimozhi and Balwa, former Telecom Secretary Siddharth Behura, Raja's erstwhile private secretary R K Chandolia, Vinod Goenka, Unitech Ltd MD Sanjay Chandra and Reliance ADAG executives Gautam Doshi, Surendra Pipara and Hari Nair are facing trial in the case.
Directors of Kusegaon Fruits and Vegetables Pvt Ltd, Asif Balwa and Rajiv Agarwal, Sharad Kumar and Bollywood producer Karim Morani are also accused in the case.
Besides these 14 accused, three telecom firms Swan Telecom Pvt Ltd, Reliance Telecom Ltd and Unitech Wireless (Tamil Nadu) Ltd are also facing trial in the case.
First Published: Thursday, May 29, 2014, 21:27