Swan Telecom promoter Shahid Usman Balwa, chargesheeted in the 2G spectrum scam, on Wednesday told a Delhi court that the CBI should have named Prime Minister Manmohan Singh as one of the witnesses in the case.
He cited the correspondence between former telecom minister A Raja and the prime minister relating to the 2G spectrum, which has been annexed with chargesheet, for demanding that Singh be made a witness.
"CBI is producing letters of Raja and the prime minister as evidence. They (CBI) should have made the prime minister a witness in the case," advocate Majid Memon, appearing for Balwa, told special CBI judge OP Saini while arguing his bail plea.
Memon along with advocate Vijay Agrawal said that CBI has produced letters written by Raja to Prime Minister Manmohan Singh and his response as a evidence in the case.
Memon said that Raja was in touch with the prime minister and he regularly apprised him (PM) about the development in the department (DoT).
They said the agency, in its first chargesheet, has said that Raja misled the prime minister but instead of CBI, the PM should tell this.
"CBI is saying Raja misled the PM. If it is so, then it should be the PM who should say this, not the CBI," Agrawal said.
During the arguments, Memon also pointed out to the letters written by Raja to the prime minister on November 2, 2007 and the subsequent letters to Raja from the prime minister.
He said when Swan Telecom applied for the licenses, neither Raja was the telecom minister nor his personal secretary RK Chandolia, who has named as accused in the chargesheet, was there.
Pressing for Balwa's bail, Memon said that the offence under which his client has been charged does not fall under the category of grave offences punishable upto life imprisonment or death penalty.
He alleged that CBI is enjoying that Balwa is behind the bars. "CBI says that Balwa cannot come out of jail as if they are enjoying my (Balwa's) sufferings behind the bars," he said.
"CBI may be feeling a sense of shame if they will not oppose the bail plea in such a high magnitude case and so they are opposing it."
Memon told the court that Balwa was ready to abide by the conditions imposed on him by the court if he was granted bail. He was ready to even deposit his shares in the court.
The court, however, adjourned the matter for further hearing on May 3 after CBI prosecutor AK Singh sought some time to respond.
The scrutiny of documents continued for the day and all the accused were present in the court. Scrutiny will continue on Thursday.
Memon had said on Tuesday that CBI has created a "sensational falsehood" in the case and was projecting Balwa as a dangerous man.
"The CBI wants this court to believe that these (accused) are dangerous people who have committed serious offence. The agency is trying to project him as a dangerous man," he had said.
Opposing Balwa's bail plea, Special Prosecutor UU Lalit had said that in the chargesheet, things have been crystallised against all the accused.
"The fact remains that prima facie case is there and there are crystallised allegations against the accused in the chargesheet," Lalit had said.