Delhi High Court orders day-to-day hearing in 2G case appeal from October 5. Judgment expected to be by November 30

    If everyone does their job properly, the 2G accused will be in Tihar jail by the year-end as Delhi HC orders day-to-day hearings

    If everyone does their job properly, the 2G accused will be in Tihar jail by the year end as Delhi HC orders day-to-day hearings
    If everyone does their job properly, the 2G accused will be in Tihar jail by the year end as Delhi HC orders day-to-day hearings

    In a big setback to the 2G Scam-accused persons and Corporates, the Delhi High Court on Tuesday ordered for a daily hearing in the case from October 5 in the appeal filed by the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED). Ordering for daily hearing, Justice Brijesh Sethi said that he is duty-bound to finish the hearing in the case before his retirement day November 30. The CBI and ED filed petition for a speedy hearing in the previous month and the accused persons objected vehemently citing many frivolous reasons. Now the High Court will hear three cases – one each by CBI and ED in the main 2G scam and another the case against Essar Group for managing telecom license through a Benami firm Loop – on a daily basis from October 5 and the judgments are expected to be handed down by November 30, the day of retirement of Justice Brijesh Sethi.

    Expressing displeasure at the advocates of 2G accused, repeated arguments asking why the Court is speeding up the case, citing delaying in other cases, Justice Brijesh Sethi said in the Order: “It is appreciable that learned counsels are not only concerned with their own cases but are also concerned about the disposal of other pending cases in which accused are in jail. This court is conscious of its duty to hear those cases as well.

    Telecom operators Shahid Balwa, Vinod Goenka, Essar Group’s Ravi Kant Ruia, and Anil Ambani’s Reliance Group’s officers are the other accused in the case. DMK Supremo Karunanidhi’s wife Dayalu Ammal is also an accused in the case.

    “It is good on the part of the learned counsels for the respondents to apprise this Court that how it should proceed with the cases pending in the court but let the learned counsels be also reminded of the fact that they being the officers of this Court, should assist in part-heard cases so that these are not left undecided and need not be heard afresh by a new Bench, thus, causing unnecessary loss to the public exchequer and wastage of judicial time. It is reiterated that this Court is conscious of its duty and welcomes the suggestions given by the learned counsels but at the same time, is of the opinion that it is in the interest of the administration of justice that so far as possible, this Court should make all endeavours to conclude the part-heard matters before it demits the office.” CBI and ED were represented by Additional Solicitor General Sanjay Jain.

    Former Telecom Minister and DMK MP A Raja and DMK MP Kanimozhi are the main accused in the 2G Scam case. Telecom operators Shahid Balwa, Vinod Goenka, Essar Group’s Ravi Kant Ruia, and Anil Ambani’s Reliance Group’s officers are the other accused in the case. DMK Supremo Karunanidhi’s wife Dayalu Ammal is also an accused in the case.

    The details of the 2G Scam were reported earlier in an article by PGurus[1]. However, all the accused persons were acquitted by the trial court in December 2017. CBI and ED in their appeal cited blatant gross errors in the judgment delivered by trial Judge O P Saini. The agencies filed an appeal in Delhi High Court in March 2018 and at one point the High Court had penalized the accused for delaying the case and ordered for planting more than 16,000 trees in February 2019[2]. October 2019 onwards, the High Court was regularly hearing the case with 4-5 hearings per month till March 20, 2020. Due to the Covid-19 pandemic, the courts were shut down for a long time and the agencies have petitioned for the need of the speedy hearing citing the Judge’s retirement and the huge public interest in the 2G case.

    References:

    [1] What is 2G Spectrum Scam? A Ready ReckonerDec 20, 2017, PGurus.com

    [2] 2G case: Delhi HC orders Balwa, Chandolia and their firms to plant 16,300 trees for  trying to delay the caseFeb 7, 2019, PGurus.com

    Team PGurus

    8 COMMENTS

    1. Arun Jaitley (AJ) ran his Dynast legal empire like a Badshah of Delhi sitting on ABVP/BJP wings cutting soft deals across the party lines as the SouthIndian Tamil Corrupt crook, Pucca Chor (PC) had a cozy working relationship throwing bits and crumps of plum posts to AJs confidante between 2004-2014 although they would clash in the Parliament to do the window dressing to fool the Indian masses. Taking the saddle of Ruling as FM/DM, AJ – returned the nicety and helped PC as best as he could as PCs chamcha Bureaucrats destroyed all evidences one by one. Both top class stinking rich lawyers truly never cared for common Aam Admi of India as they looked after themselves. Election stunts of “Weed out Corruption “ and “Garibhi Hatao “ Screaming continue for ever at all election rallies with no solid record of action at work place. Indians can be easily fooled and taken for a ride.

    2. An innocent accuse will always want the trial to be conducted as fast as possible and get acquitted. It is always the doubtful accused who will want the trial delayed / prolonged to continue on bail or on the acquittal in the lower court if possible to the end of life time.

    3. Big Scams, Mega Corruption Scandals by the earlier UPA administration has been a big talking point as election stunts by the BJP for coming to power in 2014 and 2019 but no tangible actions have been carried out. Bofors, Agustawestland, 2-G, Coalgate, Vadra land grab, National Herald, Aicel Maxis, Chidambara Rahasyam unravelled, NDTV frauds and the list is long. However, nothing has happened and the culprits are going scot free and they get re-elected to Parliament. Strange, weird and totally Corrupt, lazy and lethargic India.

    4. Hope the NDA govt comes out with fast track courts with daily hearings and giving fast decisions. Criminals with solid evidence against them are able to hire con attorneys to post pone their cases for ever and they can even go on destroying evidence against them by giving bribes every where. Sonia Chidambaram, Vadra and many others are having a life like kings or queens and making fun of our democracy. free judiciery etc. For rapists, and murderers, death must be given very fast. with in months. This wills send a strong message to others.

      • Even assuming Kanimozhi & Raja are convicted, still it will be a “travesty of Justice”

        The main beneficiaries in this Scam are : Ma-Beta, Chidu, Manmohan

        None of the Main beneficiaries has been charged & they will go Scot-free

        Raja & Kanimozhi may get, even if convicted, few years of sentence.

        Investigation Agencies should coerce both these DMK Members to name the other conspirators

        Unless the Ma-Beta, Chidu & Manmohan are charged & sent to Jail, this will be a ridiculous case

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