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Jailed Swan Telecom promoter Shahid Usman Balwa Monday told a special court here hearing the 2G spectrum allocation scam that all the 17 accused in the case cannot be charged with the offence of criminal breach of trust.

Balwa’s counsel Vikas Singh contended before the Central Bureau of Investigation (CBI) Special Judge O.P. Saini that the spectrum was just a medium of communication.

It is not a property. It remains in the air. It is not like a mineral which my client will extract and will become its owner. It is not my property, said Singh.

The CBI sought framing of additional charges under Indian Penal Code’s section 409 (criminal breach of trust) against former communications minister A. Raja and other accused.

Balwa argued that Raja was not having a dominion over radio waves, therefore no offence of criminal breach of trust was made out.

Spectrum has been dealt with by the department of telecommunications (DoT) since 1995 and for the past 15 years neither the government nor DoT considered it as a commodity, he said.

The CBI, in its plea, said that Raja and two government servants had a dominion over valuable 2G spectrum in their respective capacities as public servants and they flouted law in award of licences, which made out a case of criminal breach of trust.

It also sought to try the remaining 14 accused, including DMK MP Kanimozhi and Balwa, under the same penal provision by making them a party to the alleged criminal conspiracy hatched by Raja and two other public servants.

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