New Delhi: The CBI on Tuesday drew the ire of Delhi High Court for submitting a medical report of Bollywood producer Karim Morani, who has sought interim bail in 2G case, without information on diagnosis and line of treatment and was directed to file a fresh one within three days.
"The medical report, which is placed on record, has simply annexed the MRI and radiological tests reports without any opinion of the doctors," Justice Ajit Bharihoke, who is hearing 52-year-old Morani's plea for interim bail on health grounds, said.
The court asked the CBI to file a fresh, comprehensive medical report on health condition of Morani within three days.
A clearly vexed Justice Bharihoke said, "I am sorry to say this. I am very candid that the DSP of this calibre cannot assist you (Special Prosecutor U U Lalit).
"A complete medical report be filed based on the MRI report clearly defining the line of treatment and nature of ailment within three days," the court said, and fixed the next hearing on July 8.
Meanwhile, the CBI also sought time for filing its status report in connection with the bail plea of another accused, former Telecom Secretary Siddharth Behura.
The court asked the agency to file its report by Wednesday morning after serving its copy to Behura's lawyer.
Morani, Director of Cineyug Films, is accused of felicitating routing of Rs 200 crore bribe to DMK-run Kalaignar TV through various firms of Swan Telecom promoter Shahid Usman Balwa, a beneficiary of the spectrum allocation.
The CBI had alleged that Morani took Rs six crore for facilitating the transaction of illegal gratification to Kalaignar TV.
According to CBI, the accused had conspired with former Telecom Minister A Raja to obtain undue favour in allocation of UAS license.
Earlier, the court had directed the Tihar Jail Superintendent to provide proper medical facilities to Morani as per doctors' advice. Senior Advocate Siddharth Lutra, appearing for Morani, sought bail for his client citing his "deteriorating health".
The CBI, in its preliminary report, refuted Morani's claim, saying his physical examination revealed regular pulse rate, normal blood pressure with no postural fall and no other significant abnormality of cardiovascular system.
Arguments on framing of charges
Meanwhile, a Delhi court is likely to begin hearing from July 11 arguments on framing of charges in the high-profile 2G spectrum case in which DMK MP Kanimozhi and former Telecom Minister A Raja are among the accused.
Special Judge O P Saini, who is dealing exclusively with the 2G case, on Tuesday said the arguments on framing charges could commence from July 11 and warned the prosecution and the defence that it will impose a fine if they fail to complete the process of scrutiny and supply of documents at the earliest.
"From next Monday (July 11), we can start arguments on charge (in the case)," the Judge said after defence counsel Majid Memon asked the court about the tentative schedule for beginning arguments on framing of charges.
The Judge also asked the CBI and the defence counsel to expedite the process of scrutiny of documents so that the arguments could commence at the earliest.
"Court can impose fine if this process (supply of relied-upon documents) is not completed," the judge said.
Most of the 17 accused informed the court that all the documents that the prosecution has relied on have been supplied to them. Meanwhile, Raja, a key accused in the case, his former personal secretary R K Chandolia, Reliance ADAG officials Gautam Doshi, Surendra Pipara and Hari Nair, Unitech Wireless (Tamil Nadu) Ltd, its Director Sanjay Chandra, Reliance Telecom Limited and Swan Telecom Pvt Ltd submitted that they may also be supplied documents filed by the CBI along with the charge sheet but not "relied upon".
The advocates said the CBI has not provided them all the documents which they have filed with the chargesheet.
"The CBI is not giving us all the documents. It is hard to explain in this case that which is 'relied-upon' document and which is 'non-relied-upon' document," a defence counsel said.
Special Court warns CBI
Other than the Delhi High Court, a special court, exclusively set up to hold trial in the 2G spectrum allocation case, on Tuesday warned CBI of either finish supplying documents to the accused by Wednesday or face the prospects of imposition of fine.
"I will impose cost on you (CBI). Complete the process of supplying deficit documents to the defence counsel by Wednesday and wind up others issues (replies on accused's applications) within this week," Special CBI Judge O P Saini said.
"Nothing is happening, both prosecution and defence counsel are doing nothing. I have been lenient (till now) but would impose cost on further delay," the Judge said.
The court's remarks came as the accused have been regularly complaining that CBI was not providing them complete set of documents and that, in many cases, they have received torn documents.
CBI Prosecutor A K Singh told the court that the agency had finished the task of supplying complete set of documents to 15 accused on Monday itself and had already supplied it to
Swan Telecom on Tuesday.
He said the agency would supplement Reliance Telecom's set of deficit documents by Wednesday morning.
The court also pulled up defence counsel for filing several miscellaneous applications and arguing for long.
The court asked if the lawyers were to keep on arguing for their applications for long, how will the case conclude? "The accused are lodged in jail. Do you want them to remain in jail? If it's so, then it's OK," the Judge said.
All the 14 accused in the case are presently lodged in Tihar Jail.