2G scam accused rake up Gauhati HC order to seek stay on trial

NEW DELHI: The 2G spectrum scam accused today sought a stay on the proceedings of the case in a Delhi court in the wake of the ruling of the Gauhati High Court holding as "unconstitutional" the setting up of the CBI.

The accused, including former Telecom Minister and DMK leader A Raja and top corporate executives, referred to yesterday's high court order and said the continuance of the trial in the case which has been probed by CBI would amount to contempt of court.

"Before we proceed today I want to mention that the nation today woke up with banner headlines in newspapers that the CBI is not police.

"By coincidence the chief Investigating Officer happens to be in the court today and in view of the Gauhati High Court judgement we should not proceed with the proceedings otherwise it would be a contempt of court.

"CBI prosecutor is standing here that means they must be having instructions to proceed with the case today," advocate Majeed Memom, appearing for accused Swan Telecom Promoter Vinod Goenka, said at the outset of the proceedings.

Memom was joined by Raja's counsel Manu Sharma to protest the continuance of the trial who was ready with the soft copy of the judgement on his i-pad.

"Sir, I can show you the judgement here," he told Special CBI Judge O P Saini who declined their oral plea to halt the trial and went on with the testimony of Chief Investigating Officer and CBI SP Vivek Priyadarshi.

"I have read the newspaper but I cannot go by the media reports," the judge said.

Later at the end of the day, the defence lawyers placed before the court judgement of the high court and said they will move a formal application in this regard in the court on Monday.

In its judgement, the High Court has struck down the resolution through which the Central Bureau Investigation (CBI) was set up and held all its actions "unconstitutional".

Subsequently, the Centre last night said that the verdict would be challenged in the Supreme Court.