NEW DELHI: Seeking to make Reliance ADAG chairman Anil Ambani and his wife Tina Ambani prosecution witnesses in the 2G spectrum allocation scam, CBI on Tuesday told a trial court that their deposition was required as the executives of the company who are accused in the case had not given "clear-cut answers" as to at whose instance they floated a shell company to bag spectrum.
The plea was, however, opposed by senior advocate Mukul Rohatgi, appearing for a top Reliance ADAG executive facing trial in the case, saying it should be dismissed as it was filed with an intent to harass Anil and Tina Ambani.
"The idea is only to embarrass and harass them," he said, adding a "just decision of the case means just for both the sides. CBI cannot fill up the lacunae". Rohatgi argued that CBI's move was really a case of "re-investigation" and it would be inappropriate to allow the plea at the fag end of the trial when over 130 prosecution witnesses have already been examined.
"No reason is given in the application except using the phrase 'for a just decision'. There is no reason as to why they (CBI) have woken up, if they have to, after the charges were framed," Rohatgi said.
CBI said although various witnesses of Reliance ADAG were examined during the trial, they had not given proper answers on various aspects, due to which they now wanted to examine Anil and Tina Ambani as prosecution witnesses.
Three top Reliance ADAG executives -- Gautam Doshi, Surendra Pipara and Hari Nair -- are facing trial along with Swan Telecom promoters Shahid Balwa and Vinod Goenka for allegedly floating a company Swan Telecom, as their front to get 2G licences and costly spectrum.
"There are seven facets of matters on which we do not have clear-cut answers and thus we want to examine Anil Ambani and Tina Ambani," special public prosecutor U U Lalit said while arguing on CBI's plea seeking to summon the Ambanis and others as prosecution witnesses to "arrive at the truth" and for a "just decision" in the case.
Lalit said the court had on December 19 last year allowed CBI's plea and had summoned certain bank documents relating to the case and now they wanted to examine some of these witnesses to prove the same.
He said as Tina and Anil Ambani's statements would be on parallel grounds and if one gave clear answers, they may drop the second person.
Rohatgi, however, said Anil Ambani was the head of Reliance ADAG and if CBI wanted to know from him such basic things, then what was the probe agency doing during the investigation. "I am amazed and shocked to see the name of Tina Ambani in the list... It is like hitting below the belt," he said.
Lalit also told the court that out of the 17 persons whom they had named as witnesses in their plea, they were dropping four straight away and two others were being called for re-examination as they had been earlier examined during the trial.
Opposing CBI's plea, senior advocate Shekhar Naphade, appearing for one of the accused, a Reliance ADAG official, said the agency's petition was a clear abuse of power and these were pressure tactics. Senior advocate Hariharan, appearing for another top executive of Reliance ADAG, said CBI was not placing the entire picture before the court.
The court has now fixed the matter for further arguments on Wednesday.
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