The Delhi high court on Tuesday dismissed the plea of corporate honchos Asif Balwa and Rajiv B Aggarwal, accused of involvement in the 2G scam, that the CBI officer investigating the case be barred from attending their trial.
Dismissing the petition, Justice ML Mehta said: "I fail to appreciate as to how any witness would be in fear or under pressure of investigating officer in the court room."
Mere presence of the investigating officer in the court room at the time of recording of statement of the witnesses would not be a ground to say that the trial will not be fair, the court observed.
The duo had moved the Delhi High Court demanding that the Central Bureau of Investigation's (CBI) investigating officer should be barred from attending the trial as the officer, himself a witness in the case, could not remain present in court when the statements of other witnesses were being recorded.
Appearing for the petitioners, advocate Vijay Aggarwal had argued: "During the trial, the investigating officer, himself a witness in the case, cannot remain present in court when the statements of other witnesses is being recorded."
Earlier, the CBI special court had also rejected the plea.
The CBI has charged Balwa and Aggarwal, directors of Kusegaon Fruits and Vegetables Pvt Ltd, of routing Rs 200 crore as bribe to Kalaignar TV, in which DMK MP Kanimozhi and Sharad Kumar, both co-accused in the 2G scam, and DMK chief M Karunanidhi's wife Dayalu Ammal hold 20, 20 and 60% stake, respectively.