“I am showing you (judge) the minutes of the meeting in which the prime minister, the then finance minister and the telecom minister decided that the licences for the 2G spectrum was not to be sold/auctioned," said Kanimozhi's senior advocate Sushil Kumar to the Special CBI Judge, OP Saini.
“The Prime Minister, the then Finance Minister and the present Telecom Minister are 'good enough" as witnesses to prove that there was no loss. They are on record in Parliament that the government did not incur any loss.
“The moment, the loss factor goes out, the charge of cheating also goes out," said Kumar.
He also said that the basis on which the CBI case was grounded cannot support the legal process and lashed out at the CBI and CAG adding that “just notional loss" could not be accounted for prosecution.
“The CAG report (of loss of Rs 1.76 lakh crore to the state) was laid before the House on November 16, 2010. It had not been adopted by the House. It is still in the limbo as the House is yet to adopt the report," said Kanimozhi's lawyer.
Kanimozhi also said during the trial that Prime Minister, Manmohan Singh and PC Chidambaram were present during the 2G spectrum license allocation, adding they along with A Raja, the then Telecom Minister decided not to auction the licenses.