Before Mittal could start his arguments, the CBI and an NGO on Thursday raised preliminary objections that the matter should not be heard by a newly constituted bench comprising Chief Justice Altamas Kabir and Justice S S Nijjar and instead be referred to the same bench on whose direction the probe was conducted leading them to be named as accused in the case.
However, the Chief Justice said the preliminary objections could be considered after hearing Mittal and others who have challenged the 2G trial court's order summoning them as accused.
"Until we know the facts, how can we understand the case. After we hear it, you can give us the preliminary objections," the bench said when CBI counsel KK Venugopal told the Court that the matter be left to the bench headed by Justice G S Singhvi who has been monitoring the probe into the 2G spectrum scam case.
Justice Nijjar was included in the bench as earlier on April 15 and April 18, Justice Vikramajit Sen and Justice AR Dave had recused themselves from hearing the matter without giving any reason.
Senior advocate Harish Salve, appearing for Mittal, opposed the objection of the CBI and said the chargesheet in the case of additional spectrum had been filed and with the filing of the police report (charge sheet), the monitoring had come to an end.
"Once the chargesheet has been filed, the question of monitoring does not arise as it leads to snapping of the link (of the case) with the court(monitoring the probe). The umbilical cord is gone," Salve said.
"Today, that bench is aware of the matter. My case is that this matter should stand or fall on its own merit. This matter has to be argued on its own merit," he said.
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