After five years, Delhi High Court speeds up the process on 2G Scam appeal filed by CBI and ED against trial court’s bad verdict

Justice Dinesh Kumar Sharma told all the parties in the case that the written submissions must not exceed five pages and posted the case for hearing on May 22 and 23

Justice Dinesh Kumar Sharma told all the parties in the case that the written submissions must not exceed five pages and posted the case for hearing on May 22 and 23
Justice Dinesh Kumar Sharma told all the parties in the case that the written submissions must not exceed five pages and posted the case for hearing on May 22 and 23

Delhi High Court seeks submissions on 2G Scam case appeals

Speeding up the appeal process in the 2G scam cases, the Delhi High Court on Thursday asked the CBI, ED, former telecom minister A Raja, and others to file their submissions in the appeals challenging the acquittal by the trial court. Hearing CBI’s demand for day-to-day hearing, Justice Dinesh Kumar Sharma said the parties shall file brief written submissions not exceeding five pages and post the next hearing on May 22 and 23 to decide on the basic stage of grant to leave appeal.

The 2G Scam appeal by the CBI and ED against trial judge O P Saini’s bad verdict by acquitting all the accused persons has been lagging in Delhi High Court for the past five years. The CBI and ED filed an appeal against the trial court’s verdict acquitting all accused persons on March 2018, five years ago. There were 95 listings and seven judges presided over the appeal process. At one point Justice Najmi Waziri in February 2019, put a heavy fine on some accused for delaying the process and ordered them to plant 16,300 trees in the Delhi Ridge forest area.[1]

On Thursday, the counsel for the CBI urged the court to list the matter on an early date and when he would argue on the aspect of granting leave to appeal, the judge fixed the matter for May 22 and 23.

“The matter requires urgent hearing. Fix any time of the day for conducting the day-to-day hearing in the matter,” the CBI counsel submitted. Though the CBI had earlier concluded its submissions on the issue of leave to appeal, it will have to argue the matter afresh due to the change of the judge. Leave to appeal is formal permission granted by a court to a party to challenge a decision in a higher court.

Earlier, the case was being heard on a day-to-day basis by Justice Brijesh Sethi, who retired on November 30 and released the matter from his board on November 23 owing to paucity of time. Before retiring, Justice Sethi had decided various petitions and applications filed by the acquitted individuals and firms in the three cases arising out of the 2G Scam probe lodged by the CBI and ED.

After finishing submissions in the CBI’s main case, the High Court will take up the ED’s money laundering case in which also all the accused were acquitted by the special court. A special court had on December 21, 2017, acquitted Raja, DMK MP Kanimozhi, and others in the CBI and ED cases related to the scam.

Besides Raja and Kanimozhi, the special court had acquitted former telecom secretary Siddharth Behura, Raja’s erstwhile private secretary R K Chandolia, Unitech Ltd MD Sanjay Chandra, and three top executives of Reliance Anil Dhirubhai Ambani Group (RADAG) Gautam Doshi, Surendra Pipara and Hari Nair in the case filed by the CBI.

Swan Telecom promoters Shahid Balwa and Vinod Goenka and directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Agarwal were also acquitted. The special court had also acquitted Swan Telecom (P) Ltd, Unitech Wireless (Tamil Nadu) Ltd, Reliance Telecom Ltd, film producer Karim Morani and Director of Kalaignar TV Sharad Kumar in the CBI case.

On the same day, the special court also acquitted 19 accused, including Raja, Kanimozhi, DMK supremo M Karunanidhi’s wife Dayalu Ammal, Vinod Goenka, Asif Balwa, Karim Morani, P Amirtham and Sharad Kumar in the ED case. The special court had also acquitted Essar Group promoters Ravi Kant Ruia and Anshuman Ruia, Loop Telecom promoters I P Khaitan and Kiran Khaitan, and four others in a separate case arising out of the 2G scam probe.

On March 19, 2018, the ED approached the High Court challenging the special court’s order acquitting all the accused. A day later, the CBI too challenged in the High Court the acquittal of the accused in the case.

Reference:

[1] 2G case: Delhi HC orders Balwa, Chandolia and their firms to plant 16,300 trees for trying to delay the caseFeb 07, 2019, PGurus.com

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2 COMMENTS

  1. BJP deserves to lose elections if they do not give priority to this huge fraud by Congress and its allies.

  2. Good luck, hope this is not another election gimmick? What are they waiting all these days – for the evidences to evaporate?

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