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The accused R K Chandolia, former Private Secretary of former Telecom Minister A Raja, Swan Telecom promoter Shahid Usman Balwa and Director Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa contended the order on charges dated October 22 did not specify the manner in which various offences were committed.
"The manner in which various offences have been committed is not set out in the charge in accordance with the illustration of the section 213 Cr PC (manner of committing offence must be stated) in order to give the applicant/accused sufficient notice of the matter with which he is charged and is required to be specified," they said in an application before Special CBI Judge O P Saini who posted the hearing on November 25.
The counsel for the accused said the order on charges said the accused created false documents but did not specify the documents falsly created.
"Which particular false document and when did I create them? Document is to be marked and told to me. Unless and untill I know which document has been allegedly created falsely, how will I be able to defend myself," Agarwal said.
Senior advocate R N Mittal, appearing for Shahid Balwa, said charges against each accused were "not clear" and the charge of conspiracy has been jointly framed against all accused, making it necessary for two separate entities like Unitech and Swan Telecom to defend each other.
"This is a case of misjoinder (improper joining of different actions) of charges. How can Unitech be expected to defend Swan Telecom"? he said.
The application filed by Balwa said the charge of criminal conspiracy has been framed separately against all accused and it has also been added to all other charges.
