Sushil Kumar, Raja's lawyer refused to file a reply to the charges of filed by CBI when asked if the probe against Raja in the 2G scam has been completed or not.
'Till the agency declares that the investigation is closed, I will not argue before this court. I will participate in this trial only once the probe is over," said Raja's counsel to special judge OP Saini.
The CBI had earlier approached the court to file fresh charges against all the accused in the 2G scam. All the accused in the 2G scam were supposed to file their reply today but later sought an extension of 10-15 days time to file their take.
"I need time to respond to the CBI's fresh plea of imposing charges on our client. If we begin arguments it means fresh arguments on charge," said Ramesh Gupta.
Raja's counselor further fought that the CBI told special CBI court that the investigative agency completed its investigation in the 2G scam, whereas before the Supreme Court, CBI said that they were still looking into the matter.
"Before the Supreme Court, the same agency submitted that they are still investigating the case. They will file more FIRs and turbocharges in the case. Once they said here that they have concluded investigation in the case, then why they made such a submission before a superior bench," asked Kumar.
"They even said that they will produce more evidence in the case against the same accused. I cannot understand what the CBI wants to do," Kumar told the court.
"The position in the Supreme Court is very peculiar," said Kumar.
OP Saini annoyed over the submission said that Kumar was not entitled to comment on the superior court in the CBI court.
However, special public prosecutor UU Lalit said, "I am only a prosecutor over here, in the Supreme Court, senior CBI counsel is arguing. So the situation is different there. I am with my stand, what I said here."
He further added that Kumar should go to the Supreme Court regarding the submission made by him.
"Let the CBI file an affidavit or say it on oath that investigation is complete or going on. Till then, I will not participate in the trial. The court may pass any order against my client (Raja)," said Raja's counsel.
Meanwhile, Raja's defence counsel has asked the special CBI court not to entertain CBI's application of imposing section 409 against the former telecom minister and the the date of hearing on the application of Section 409 will be on Oct 7.
CBI brought more trouble to the 2G accused, after the investigative agency charged A Raja along with Chandolia, Siddharth Behura and Kanimozhi under section 409 of the IPC (Criminal breach of public trust by public servant) seeking life imprisonment for the accused.
Raja got tangled in the 2G spectrum scam after he sold mobile network licenses and spectrum at throw away prices causing the government a loss of 1.76 lakh crore.