2G accused seek alteration of charges against them

The counsel for the accused said the "contradictions and errors" in the order of framing of charges against them need to be corrected for a fair trial

Last Updated: Nov 17, 2011, 20:07 PM IST

New Delhi: Three accused in 2G spectrum case
on Thursday moved a Delhi court seeking alteration of charges framed
against them saying there were errors and contradictions in
the order of framing of charges, which need to be corrected
for a fair trial.

The accused RK Chandolia, former Private Secretary of
former Telecom Minister A Raja, Swan Telecom promoter Shahid
Usman Balwa and Director Kusegaon Fruits and Vegetables Pvt
Ltd Asif Balwa contended the order on charges dated October
22 did not specify the manner in which various offences were
committed.

"The manner in which various offences have been committed
is not set out in the charge in accordance with the
illustration of the section 213 Cr PC (manner of committing
offence must be stated) in order to give the applicant/accused
sufficient notice of the matter with which he is charged and
is required to be specified," they said in an application
before Special CBI Judge OP Saini who posted the hearing on
November 25.

The counsel for the accused said the "contradictions and
errors" in the order of framing of charges against them need
to be corrected for a fair trial.

"If the error in the charges is such that the whole trial
will be vitiated and it will be a prejudice against the
accused, they must be corrected for a fair trial," advocate
Vijay Agarwal appearing for Chandolia and Asif Balwa said.

Agarwal said that before putting an accused on trial
under section 409 IPC (breach of trust) and 420 IPC (cheating
and dishonestly inducing delivery of property), the amount of
money or quantity of alleged `property` has to be specified.

PTI