Bail pleas of two former Navy Commanders, accused in 2006 Naval war room leak case, were on Monday opposed in the Delhi high court by the CBI which said they cannot claim benefit of delay in the trial as one of them had taken several adjournments in the lower court.
"So far as the issue of delay is concerned, it is not a ground for the bail as the delay, if any, has been caused by the accused (former naval Commander Kulbushan Parashar) himself," the counsel for CBI told justice VK Shali.
The CBI referred to a list of dates relating to the trial court proceedings, contending that Parashar had sought adjournments on the ground that he was to move the apex court for some clarifications in the case.
"Parashar took adjournments in the lower court on the ground that he will seek clarifications on an earlier Supreme Court direction, passed on August 24, 2009, that the trial judge will not pronounce the final judgement till the pendency of the plea before it," it said.
The agency said the accused cannot claim parity with those enlarged on bail as there was a distinction between the accused who had access to secret information and those who passed them on.
Parashar and Vijender Rana, sacked Naval Commander, had moved their bail applications on various grounds including parity as other accused have been granted bail in the case.
The accused have also said that they are in jail for nearly six years without any trial as charges have not been framed yet in the case.
The advancement of arguments remained inconclusive and would continue on March 7.