New Delhi: Swan Telecom promoter Shahid Usman Balwa's plea that he has been wrongly put on trial on charges of criminal breach of trust in the 2G spectrum allocation case, will be heard by the Delhi High Court on September 6.
Balwa and two other co-accused Asif Balwa and R K Chandolia, erstwhile private secretary to former Telecom Minister and key accused A Raja, had moved the high court saying that the Special CBI Judge had framed alternate charges under sections 420 (cheating) and 409 (criminal breach of trust) of the IPC and it was against the law.
An accused be charged either under Section 420 or under Section 409, the petition said adding that the charges be altered as both of them cannot be invoked together.
The offence of cheating under Section 420 and criminal breach of trust under Section 409 of the IPC provide seven and life term as the maximum sentence respectively.
Justice Manmohan, before whom the plea came up for hearing today, said, "The petitions by prime accused and others challenging the CBI special court's order framing charges against them are pending before another bench, which has issued notice to CBI returnable by September 6..."
The CBI counsel sought adjournment of the hearing on the ground that Special Public Prosecutor U U Lalit, appointed by the Supreme Court in the case, was not available on Monday.
The accused also objected to the trial court's order framing charge for filling forged documents in the case saying the order is not clear as to which documents have been forged by the accused persons individually.
"The manner in which various offences have been committed is not set out in the charge in accordance with the procedure to give the accused sufficient notice of the matter with which he is charged and required to be specified," the petition said.
On October 22, 2011, the trial court had framed charges against 17 accused, including former minister A Raja and DMK MP Kanimozhi and corporate honchos, under various provisions of the IPC, including the criminal conspiracy, cheating and forgery, besides various other offences under Prevention of Corruption Act.
The CBI in its charge sheet had accused Raja and others of causing a huge loss of Rs 30,984 crore to the exchequer by allocating spectrum to ineligible operators as per a criminal conspiracy among themselves.
First Published: Monday, August 6, 2012, 19:54