Appearing for Raja, senior advocate Shushil Kumar told Special CBI Judge O P Saini that the agency should have recorded Chidambaram's statement regarding a Cabinet meeting in which he had clarified the issue of dilution of shares.
Raja's counsel submitted that Chidambaram should be asked whether he gave the advice on the issue of dilution of shares in the presence of Prime Minister Manmohan Singh.
"Call Chidambaram here (in the court) and ask him whether this meeting took place or not in the presence of the Prime Minister and you (Chidambaram) gave this advice or not. Call him and confront him with the minutes of the meeting," he said.
Regarding the alleged loss incurred by the exchequer, he said none less than the Prime Minister has said on the floor of Parliament that there is no loss.
The CBI, in its charge sheet, has said that accused Shahid Balwa's Swan Telecom and Sanjay Chandra's Unitech Wireless (Tamil Nadu) Pvt Ltd off-loaded their shares to Dubai-based Etisalat and Norway-based Telenor respectively.
Raja's counsel submitted that the court should use its power under section 311 CrPC to summon and examine Chidambaram as a witness.
"In the meeting, the then Finance Minister clarified (the issue of) dilution of shares. Chadambaram is party to it and I am not calling him as an accused. The CBI should have recorded his statement earlier," he said.
"Call Mr Chidambaram under section 311 CrPC and ask whether this meeting took place," the defence counsel said, adding that the CBI''s case is based on two pillars that Raja must have auctioned the spectrum and that he showed favour to two companies who, in turn, earned "windfall" profit by diluting their shares.