Former Telecom Minister A Raja on Tuesday opposed in a Delhi court the Central Bureau of Investigation’s plea for placing on record a CD containing recorded conversations and transcripts of calls of former corporate lobbyist Niira Radia pertaining to the 2G spectrum allocation.
In a two-page reply before Special CBI Judge O P Saini, Raja said the agency's plea did not mention the reason for not submitting these documents at the time of filing of charge-sheet.
The judge deferred the hearing on the plea for July 9. "The application under reply is sans any provision of law. It is true to mention that there is no provision in the Code of Criminal Procedure, 1973 under which a document or article can be filed before the trial court at such a belated stage," Raja said in his reply.
"The application under reply does not mention the reason for not placing the impugned CD and transcripts at the time of filing of the charge sheet," he said.
Seeking dismissal of CBI's plea, Raja said that the agency has admitted that the alleged interception was not carried out by it yet its application "does not establish either the time of preparation of the CD, or its handing over, or its safe custody".
Raja also said that though the CBI's application seeks to place on record a letter dated May 20, 2010 of the income tax department but it has not been filed by the agency.
"Admittedly, the primary evidence of call recording that is the hard disk, has been with the CBI since May 20, 2010, yet the same has never been placed on record before this court neither at the time of the charge sheet nor thereafter.
"In view of the said admission, secondary evidence of the calls cannot be allowed to be led," he said. Meanwhile, the court also deferred for July 9 the hearing on CBI's separate plea seeking to make 17 persons as witnesses in the case.