Anil Ambani, wife Tina summoned as witness in 2G case

After cross-examining 133 witnesses in the ongoing 2G trial, Special Judge CBI OP Saini on Friday ordered Reliance ADAG chairman Anil Ambani, his wife Tina and 11 other persons as witnesses. Defence lawyers are likely to challenge the trial court order, reports CNBC-TV18's Malvika Jain.

Also Read: Experts mixed on Anil Ambani's summon in 2G case 

Allowing the CBI's plea, 2G Trial Court Judge OP Saini said, "I find that the examination of these witnesses is necessary for just decision of the case. The CBI's application is allowed in total and all 13 have been summoned."

There are three categories of witnesses who will now be asked to depose in the trial. They are: Anil and Tina Ambani have been called to prove facts pertaining to incorporation of five shell companies including Swan Telecom.

Two State Bank of India executives — Balraj Singh and Rajiv Prakash, two HDFC Bank executives — Sumit Choithani  and Rajan Chedda, one ICICI Bank executive —Devendra Chandavarkar and forensic expert —Vijay Verma have been summoned to prove fresh documents.

The list also includes Anant Raj group president Yogesh Sharma, Reliance Energy executives —Anita Gokhle and  Kamalkant Gupta, forensic expert  — Deepak Handa and deputy Registrar of Companies of Haryana — PL Malik are being called  to prove documents already on record.

The CBI had filed an application under Section 311 and 91 of the Criminal Procedure Code to summon fresh witnesses and recalling one. The CBI also sought to produce more documents related to six  pairs of transactions indicating flow of funds between DB Telewimax, Reliance Telecom and Reliance Communication and three other entities. The CBI alleges that these transactions were based on vouchers and transfer advice summoned from various entities including ICICI Bank.

Says Prashant Bhushan, 2G case petitioner, "In any case, the CBI for reasons best known did not chargesheet him but now if they are asking him to be summoned as a witness. I think that is perfectly fine. I mean there is no way that Anil Ambani should be able to wriggle out of even coming as a witness." Another 2G case petitioner, Subramanian Swamy adds, "We are more interested in justice being rendered and not in delay and speed."

Defence lawyers however feel that it is too late to bring in new witnesses. Senior advocate Majid Memon points out, "At this belated stage bringing a new set of witnesses certainly appears to be very…. there is a strong belief or perception that it appears to be prejudicial to the accused persons who have already exposed their defence and have cross-examined a large number of witnesses."

Defence counsel Vijay Aggarwal adds, "It cannot be done after four years of filing an FIR and 2 years of trial. This will delay the trial further."

The latest development is sure to extend the ongoing trial and would mean that arguments already over could well be reopened.