Mystery shrouded the non-appearance of Swan Telecom promoter and an accused in 2G Spectrum scam, Shahid Usman Balwa on Monday after the CBI expressed apprehension that he has ‘fled’ the country.
The CBI’s submission came following Balwa’s absence during the court proceedings in which his counsel moved an application seeking exemption from personal appearance from September 2 to September 6. CBI prosecutor KK Goel opposed the plea saying they have got some information ‘otherwise’ about Balwa, which surprised many people present in the courtroom.
Goel, who was initially restrained from divulging information on Balwa, later told the court that the prosecuting agency — CBI — had information that the accused had travelled abroad. To this, defence counsel Vijay Aggarwal argued that this was practically impossible since Balwa’s passport was forfeited to court. However, the CBI prosecutor opposed his contention saying the sanction for exemption should not be taken as ‘deemed’ and that the accused should honour the court. “I am opposing it (application). He (Balwa) should honour the court. We have heard otherwise so I am opposing it,” Goel told Special CBI Judge OP Saini.
This prompted Balwa’s counsel to term this as a rumour and said that the prosecuting agency should not act on hearsay. He further assured the court that his client (Balwa) would remain present in court on Tuesday as he also withdrew the plea on behalf of Balwa.
The development also assumes significance as Balwa’s absence from court proceedings without prior permission from the court could lead to cancellation of his bail. The court, while releasing the accused on bail, had given CBI the liberty to move an application for modification or recalling the order ‘if for any reason, the petitioner (Balwa) violates any of the conditions imposed by this court or creates any condition which is not conducive to the holding of a fair trial.’
Balwa is facing trial in the 2G case along with others, including former Telecom Minister A Raja, and was granted bail by the Special Court on November 29, 2011. The judge had imposed several conditions on him, including he surrender his passport to the court and not leave the country without prior permission. The court had said Balwa, who was arrested on February 8, 2011, should not remain absent from any court proceeding without prior permission and should inform the CBI as well.
During the arguments on Monday, the judge pulled up CBI for remaining absent from court on August 31. “Why did you (CBI and its prosecutors) all remain absent on SaturdayIJ One person should be here at least. Saturday is a working day, so at least one person should come,” the judge remonstrated, adding that if the CBI prosecutor was present on Saturday, he could have decided on Balwa’s plea. At the fag end of arguments, Aggarwal told court that he was withdrawing the plea on behalf of Balwa and his client would appear on Tuesday and he would then argue on it.
Balwa is facing trial in the 2G case for allegedly procuring Spectrum licence for his ineligible firm under a criminal conspiracy with A Raja and other Government officials and by proffering a bribe of Rs 200 crore to DMK-run Kalaignar TV, showing the transaction as an inter-corporate loan. Balwa, along with other accused, was charged with offences under Section 120-B (criminal conspiracy) with 409 (criminal breach of trust), 420 (cheating) 468 and 471 (forgery) of the Indian Penal Code and Section 7 or in alternative Section 11 with Section 12 and 13 (2) with 13 (1b) of the Prevention of Corruption Act. The judge had framed additional charges under Section 193 (giving false evidence) and 120B IPC against him for falsifying documents to show the alleged routing of Rs 200 crore to Kalaignar TV as loan transaction.