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The defence side in the navy war room leak case on Friday complained to a Delhi court that the Central Bureau of Investigation has filed an "incomplete" chargesheet without furnishing any of the 116 documents or records of statements allegedly made by over 200 witnesses cited by the investigating agency.
"It is an admitted fact that the chargesheet is incomplete... judicial duty does not start until a police report is filed in the complete form," Vikas Pahwa, counsel for accused Kulbhushan Parashar, told Chief Metropolitan Magistrate Seema Maini.
"The chargesheet on more than one occasion refers to the list of documents, but none of the documents have yet been filed by the agency," he told the CMM hearing the arguments on the bail plea of the Parashar and co-accused ex-naval commander Vijender Rana.
Pahwa said the court should not take cognisance of the chargesheet until the documents and statements of the witnesses supporting the chargesheet were filed.
He further submitted that the accused were liable to be given mandatory bail under Section 167 of the Criminal Procedure Code solely on the basis of the "inconclusive" chargesheet filed by CBI after their 90 days' custody.
When the CBI requested for an in-camera hearing, the CMM turned it down by saying the bail proceedings could be held in the open court as no sensitive papers were being filed on Friday.
The case has been posted to July 17 for hearing the CBI's arguments on bail applications.