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"We are opposing the bail plea of Kalmadi as other co-accused in this case had already been denied bail by this court. Investigation is going on. Kalmadi's conduct has tarnished the image of the country," CBI prosecutor told Special CBI Judge Talwant Singh.
Kalmadi was arrested along with OC Joint Director General (sport) A S V Prasad and OC Deputy Director General (procurement) Surjit Lal on April 25 for allegedly awarding an illegal contract to a Swiss firm for Timing-Scoring-Result system for the mega sporting event last year causing a loss of over Rs 90 crore to the exchequer.
The CBI submitted Kalmadi constituted a committee of "handpicked persons" to push for a selected brand.
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The agency said even when the tender was on and not a single bid had been received for the TSR, the accused declared that TSR would be provided by the Swiss Timing.
"The accused persons had become so brazen and bold with no care and fear of the rules, regulations and the laws that they openly declared that TSR will be provided by Swiss Timing even when the tender was on and not a single bid had been received," CBI said in its reply.
"An Expression of Interest for acquiring TSR system was prepared and issued in a most wrong and illegal manner....The EOI criteria published were extremely generic and shabby and not as per scope of TSR.
"Moreover, below the EOI criteria for selection of electronic TSR system, it was declared that only 'Swiss Timing -- OMEGA' meets all the criteria without any basis of such an assertive conclusion. No person having the required technology background was involved in the process," CBI said.
Meanwhile, pressing for Kalmadi's bail, senior advocate U U Lalit said he had extended his support at all stages of investigation to CBI.
"From lodging of the FIR till my arrest, at every level, I (Kalmadi) have extended my support. I even went to the extent that I did not file an anticipatory bail. At no stage has there been allegation that I have tried to flee from justice or influence anyone. I am out of OC and, therefore, have no access to any document to tamper with," Lalit said.
Senior advocate Siddharth Luthra, appearing for Kalmadi along with Lalit, pleaded with the court to grant him benefit under section 437 of the CrPC (bail to a sick or infirm) while highlighting his medical condition.
"With regard to a person with such a medical condition, one has to consider the stress and strains while being in custody. The judicial custody would not have the advantage of a regulated environment, which would impact his health," he said.
The CBI, however, said Kalmadi, as the head of the OC, had "supreme and overriding powers". "Any official of OC, who dared to protest against the illegal activities of Kalmadi and his associates, was threatened, harassed and removed from their position or were forced to leave," the agency said.