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2G trial shifted to Tihar jail; Raja, Kanimozhi unhappy
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| merisarkar news service New Delhi, November 22, 2011 |
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We'd ask for reconsideration: Memon
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The ongoing trial in the 2G case has been shifted to high-security Tihar Jail from Patiala House courts following an order by the Delhi High Court, a decision opposed by former Telecom Minister A Raja, DMK MP Kanimozhi and other accused.
The short announcement of the High Court's administrative order by Special CBI Judge O P Saini at 3.30 pm on Tuesday in the packed courtroom left the accused, their relatives and lawyers unhappy as they felt Tihar would not be easily accessible.
"Accordingly, from November 24, that is, coming Thursday, the trial shall be held at Tihar court complex," the CBI Judge said while referring to the High Court's order on the issue.
"I do not know what is happening in this country," Raja, who has been in Tihar jail since February two, said.
Kanimozhi also reacted on similar lines.
"Do we understand that no accused is going to get bail till the trial concludes," one of the defence lawyers said, adding that the decision would be challenged in High Court.
Earlier, defence lawyers, including Mumbai-based Majid Memon, had raised the issue that the present courtroom at Patiala House in New Delhi lacked the adequate space, air-conditioners and other facilities and had sought shifting of the trial to a more spacious place like Vigyan Bhawan in Lyutens Zone, New Delhi.
"It is true that I myself had said the arrangements at the Patiala House courts complex are inadequate but we had not suggested that the trial be shifted to such an isolated location at Tihar Jail," Memon later told reporters.
The judge had earlier received complaints that the presence of relatives of accused and the onlookers have led to paucity of space in the courtroom.
The judge, however, had refused to intervene saying the trial was open for all and also refused the plea of accused that scribes be also kept out.
The defence lawyers opposed the High Court's November 21 notification saying that shifting of trial to Tihar would create a lot of inconvenience as everybody will have to get an entry pass to attend the proceedings.
"We are contemplating a meeting with Acting Chief Justice A K Sikri for reconsideration of the decision and examine other alternatives in the Patiala House complex," Memon said.
The announcement drew sharp reaction from an otherwise calm Kanimozhi who said that shifting of the trial would inconvenience lawyers.
"We engage senior lawyers, they will have to come all the way to Tihar Jail for this case only. It will be a problem for them," she said.
Raja too said that the move would create problems for the lawyers as they would have to rush from the Supreme Court and High Court to the Tihar Jail for the trial.
"The shifting of the trial to the Tihar Jail would create lot of problems as we would not be able to properly have legal consultation with our counsel. Till now, the lawyers could reach Patiala House courts from the Supreme Court or the High Court within 10-15 minutes, but it would not be possible for them to reach Tihar Jail as they would have to leave all their other cases," Raja said.
All defence lawyers also took the similar plea saying that it would not be possible for them to leave their other cases for attending the day-to-day trial in the matter at Tihar.
The judge said on Wednesday, the proceedings would be held at Patiala House courts, New Delhi.
"The witnesses have been served with the address of Patiala House Courts only and it may not be possible to communicate the change to them at this stage," he said.
CBI prosecutor A K Singh, however, did not oppose the move.
"I am not opposing it but it will create a problem as some of the witnesses have already been summoned to come to Patiala House for recording statements," he said.
The court's announcement, on shifting of the trial, came when the day's proceeding was about to conclude with the cross-examination of key prosecution witness and HDFC Bank's Mumbai-based assistant Vice President Uday Shahasrabuddhe.
"In exercise of the powers conferred by section 9 (6) of the CrPC 1973, the acting Chief Justice and judges of this court (Delhi High Court) have been pleased to order that the trial of the 2G spectrum cases shall be held in Tihar court complex, New Delhi, according to law," the notification, issued by the High Court, reads.
Shahasrabuddhe's examination would continue on Wednesday and CBI is likely to file its response on the plea of Vinod Goenka, a director of Swan Telecom and an accused in the case, who had alleged that the agency has resorted to an "unhealthy practice" of calling a witness "unofficially" to its office in a bid to "tamper" with the evidence.
The court had on 17th November issued notice to the CBI on Goenka's plea to file their response on 23rd November.
Meanwhile, the proceedings in the case was delayed as the the jail van, carrying all 14 accused from Tihar, broke down in the morning.
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