Former telecom minister A Raja on Monday objected to the filing of a second chargesheet in a Delhi court by CBI in 2G spectrum case in which Tamil Nadu chief minister M Karunanidhi's daughter and DMK MP Kanimozhi has been named as co-accused.
Raja said the court cannot take cognizance of the supplementary chargesheet in which fresh names of persons have been mentioned as accused for the same offence.
Senior advocate Ramesh Gupta, appearing for Raja, said Special Judge O P Saini cannot take congnizance of the supplementary chargesheet against additional accused who were not named in the first probe report.
"Without giving us the notice and without hearing us, the second chargesheet cannot be accepted. Once the court has taken cognizance of the offence, no further chargesheet could be filed at this stage against additional accused," Gupta said.
The court, however, took cognizance of the chargesheet naming Kanimozhi and four others as accused, saying, "there is enough incriminating material on record to proceed against the accused persons."
The court also issued summons to Kanomozhi, Kalaignar TV Managing Director Sharad Kumar and Karim Morani, Director of Cineyug Media and Entertainment (Pvt) Ltd who are named as accused, for May 6.
Opposing the filing of the second chargesheet, Gupta said the copy of the chargesheet should be first supplied to them (defence counsel) and the court should pass an order only after hearing them.
"How could the court pass an order without hearing us? Accused has a right to a fair trial," he said.
Countering Raja, CBI prosecutor A K Singh said the probe agency is entitled to file the second chargesheet after carrying out further investigation into the case.
Singh said Gupta's arguments are "out of context".
Accepting the agency's submissions the court said "it is quite clear that the instant supplementary chargesheet is being filed by CBI as per law and at this stage, accused has no right to be heard."
In the second chargesheet, CBI has charged Kanimozhi with having entered into a criminal conspiracy with the other accused under the Indian Penal Code and also under section 7 and 11 of the Prevention of Corruption Act which deals with acceptance of alleged gratification.