Thread by @barandbench

Delhi High Court to shortly begin hearing appeals preferred by CBI and Enforcement Directorate against the acquittal of all accused in 2G Spectrum case.

The Agencies are making submissions on leave to appeal.

#ARaja

@dir_ed

A Single Judge Bench of Justice Brajesh Sethi had allowed early hearing applications by CBI, ED in the appeals and posted the matter for day-to-day hearing from Oct 5 onwards.

Hearing begins.

#2G #2GAppeal

@dir_ed

Court notes that there is an application by one of the acquitted accused who is being represented by Adv Vijay Aggarwal.

Adv Vishal Gosain says that there is an application by Sanjay Chandra.

Mr Aggarwal is going to take time..: Gosain

How do you know: Court

He said soo..I am seeking a small indulgence. Chandra is in custody. If the Court can allow him to meeting his lawyers in the office: Gosain

Court says there is risk of Chandra getting infected with COVID-19 once he is moved out of jail.

We will take adequate measures. Not like 5-6 people will meet him. There have been instances where courts have extended this benevolence: Gosain

Given the fact that leave to appeal is an important stage, meeting should be allowed: Gosain

The no of days for which meeting is sought is excessive in proportion to the issue here : ASG Sanjay Jain for the investigating agencies.

Whatever is permissible according to the Jail Manual may be permitted: ASG Jain

I have no difficulty with having only 4-5 meetings. The record is voluminous. Let the link be sent to Sanjay Chandra in Jail also to participate in court hearings: Gosain

We never allow any inmate to appear through video conferencing for a hearing. Accused is represented through counsel. We cannot make any differentiation: Gosain

Senior Adv N Hariharan points out that the High Court has allowed if client to appear from Tihar through VC in a case.

Sanjay Chandra is in jail in a proceeding which is before Surpreme Court. If there is any relaxation, it should be sought from Surpreme Court: ASG Jain

The Supreme Court proceedings are in relation to an EOW FIR. It has nothing to do with this case. Court under normal circumstances can issue a production warrant :Gosain

It is not required for leave to appeal : ASG Jain

Has part hearing been done in Sanjay Chandra's matter? : Court

No: counsel

I can allow interactive session through video conferencing: Court

Physical hearing is not possible right now. I'm allowing virtual meeting thrice a week. Which days do you want: Court

Monday, Wednesday and Friday: Gosain

Court passes an order allowing counsel for Sanjay Chandra to meet him through video conferencing thrice a week for one hour each.

Court may allow me to meet Sanjay Chandra physically only four times. I will meet him in High Court Chambers: Gosain

High Court Chambers are very small. He will definitely get COVID: Senior Adv Hariharan

I can do it in my office: Gosain

Court refuses to allow physical meeting at this stage.

The issue is of Right to legal representation and fair trial under Article 21 and is very serious: Senior Adv Siddharth Luthra as he says that the issue is subjudice before Court.

I'll touch base with you: Gosain tells Luthra

Necessary orders for filing the appeals were passed by the authorities. Suddenly my LD friends have desired that purpose of the early hearing order may not be achieved. They have raised a question saying we don't know if there was necessary sanction to file the appeal: ASG Jain

There is no requirement in law for me to produce the sanction letter but I can do so in sealed cover for the court. This application is an abuse of process of law: ASG Jain

Adv Vijay Aggarwal appears for Asif Balwa, Shahid Balwa etc.

These things on hidden agendas give me stress. State and CBI may be playing. These remarks are uncalled for. I am yet to open my mouth: Aggarwal

The day I had the first opportunity to argue in court was when I asked for a copy : Aggarwal

I never wanted to move a formal application. I thought I would get it informally. But today I got to hear a lecture: Aggarwal

Have you ever said that sanction copies will be supplied? : Court asks ASG Jain

That order can be shown to the Court. The Respondent has no right to see the copy. It is an administrative order: ASG Jain

Court tells Aggarwal to continue with his submissions.

A statement was made before the Court that sanction letter would be given but the same was not recorded: Aggarwal

Aggarwal reads Section 378(2) CrPC on appeals in case or acquittal.

The word used in the section is 'may' and not 'shall'. It is a mandatory approval that they have to seek. It is like vakalatnama: Aggarwal

CBI has to go to big daddy- the Central Government - for approval : Aggarwal

The appeal says it is by CBI. Doesn't say through Public Prosecutor or what: Aggarwal

I don't know whether there is a public prosecutor or whether there is central government: Aggarwal

Nothing can be taken casually. We are before a court of law. Nothing can be said across the Bar. Sanction has to be shown. I don't know whose sign is it in the appeal and whose affidavit is enclosed : Aggarwal

The affidavit is hy one Addl Superintendent of Police. He says he has the approval to file an appeal. How do I know that: Aggarwal

It is the question of my right. You tried me for seven years. I did not run away and now you are imputing motives. They can go to any extent and say that #COVID19 virus was also spread by me : Aggarwal

CBI Manual prevails over CrPC. The Manual has chapter 23 on filing of appeals. All defence counsel follow it, only CBI doesn't follow it: Aggarwal

The whole responsibility of appeal against acquittal is on the Prosecutor. He has to prepare a report. Director of Prosecution has to subsequently recommend filing of appeal and the approval of Central Government will come: Aggarwal

In an "important case", a reference is to be made to the Attorney General or his nominee to see if it is a fit case of appeal : Aggarwal

Central Government would have authorised you. When section 13(1)(d) PC Act goes , where is the question of approval? Where is the application of mind : Aggarwal

I have made an application perhaps in my I'll informed wisdom and English but I must get the sanction copy. We are a welfare State. To decide my case, whatever the Court sees, I have a right to see. No sealed cover: Aggarwal

If there is something wrong, I take full responsibility. The application was drafted on my legal advice. I will defend my client like a rock. It is a mandate on them to discharge. It is for the court to see if the mandate has been discharged: Aggarwal

As a lawyer, I feel it is my right. Ultimately the Court has to decide: Aggarwal

In an application like this, there is no occasion for this court to even issue a notice. It is a matter between centre and prosecution agency: Jain

There is a presumption if there is an appeal by a public prosecutor, there is no further enquiry which is open for the Respondent to be made: ASG Jain

If court wants to see if Section 378 and CBI Manual has been followed, the documents can be given to the Court.. but it cannot be given to the other side as a working tool: ASG Jain

Documents cannot be given to the Respondents for their perusal: ASG Jain

Section 378(2) CrPC is very simple. I'm also not claiming any special knowledge of English language. I also did my clas XII from Hindi medium: ASG Jain

"May" is used because Centre is not bound to file an appeal in every case. : ASG Jain

The provision gives sufficient play to the govt to take a call of appeal. It fore warns the Centre that appeal is subject to leave being granted by the court : ASG Jain

We have complied with Section 378(2). The application raises a housekeeping issue. There is a presumption in law that necessary procedure must have been followed. If there is some info to suggest otherwise, it is a different issue: ASG Jain

I have no quarrel with the law that Aggarwal has pointed out. But law presumes that procedure has been followed: ASG Jain

These types of applications..if they keep coming, the purpose of the early hearing order will be defeated. One and a half hours have gone in this. There are so many respondents. Such applications must be put in abeyance: ASG Jain

I am not running away from Court. I'm not saying that this sanction is due or will be given ex post facto. I'm saying on instructions that appeal was filed after sanction was given in accordance with law : ASG Jain

If the Court still wants, I may place the documents on record. When court sits as an adjudicator, there is no adversarial stand. It is not a commentary on the merits of the matter: ASG Jain

Sanction is an internal matter. It is not for the Respondents to pursue : ASG Jain

Purpose of the early hearing order will be wasted if such oral arguments are made in pursuance of applications by Respondents: ASG Jain

The other side is playing as if they are the people of virtue and I am a sinner: Aggarwal

Have I moved or pressed any interim application? It reflects so poorly on me.. I didn't want to argue on this issue. It is beyond my acumen to understand what is an administrative order issue: Aggarwal

The constitutional courts see what the Executive is doing. Sanciton is a mandatory requirement and not a housekeeping issue. It is a jurisdictional issue. Can the court say that we will hear you after we have exercised the jurisdiction : Aggarwal

What they are trying to say is that court should first waste time on hearing the appeal and then later see if the appeal was legally filed: Aggarwal

Nothing is presupposed in Rule of law. It was the job of the Registry. Please ask the Registry how it was listed : Aggarwal

Aggarwal reads a privy council judgement.

When law gives a manner in which a thing has to be done, it has to be done in that manner. There is no presumption. We examin Magistrates also to see if law is followed: Aggarwal

In this case, public prosecutor was appointed by the Supreme Court. Senior Adv UU Lalit was appointed as SPP. After his elevation, Mr Anand Grover was appointed. On Feb 16, 2018, the notification was issued in favour of Mr Tushar Mehta as SPP : Aggarwal

Where is the notification giving power to the person who filed the appeal?: Aggarwal

Notification was post acquitted and before the appeal. It is my right to move this application: Aggarwal

I'm sharing the screen and everyone is seeing. There cannot be a sealed cover. Please see this judgement. It was published by Bar & Bench. It is Bombay High Court: Aggarwal

Everything should be open and transparent: Aggarwal

Aggarwal reads ADM Jabalpur judgement to support his stance.

What is forbidden for me is forbidden for the Court : Aggarwal

It is the infamous ADM Jabalpur case: Hariharan

Sadda Haq, Aithe Rakh. It is my right: Aggarwal

#2G #2GAppeals #CourtroomExchange

Senior Adv Hariharan: It is not a mere administrative act..it is a legislative mandate.

The issue is who is the Prosecutor. The question is there an authorisation? It is a legal issue which goes to the root of the matter: Senior Adv Luthra

Can I maintain a petition before a court without a vakalatnama? No. Statutory mandate has to be satisfied. It can't be taken on say so: Luthra

I hope and believe that there is some kind of delegation. I need that clarification: Court

I will come back tomorrow with instructions. Mr Tushar Mehta's notification is still in place : ASG Jain

This matter had specific notifications. The notification is favour of Tushar Mehta was passed and it was not superseded: Hariharan

I will revert with these questions tomorrow: ASG Jain

There has to be a notification by centre in favour of Mr Bhandari (who filed the appeal). Notification has to be in favour of Mr Jain also. All Prosecutors in case were notified : Luthra

After trial you stand on the different footing. Now is the appeal which is field by State: Court

Let is wait till tomorrow. Sun is setting today: Court

How can the sun ever set when Mr Sun-jay is there : Luthra

My application was not that bad afterall : Aggarwal

Mr Hariharan, Mr Luthra and several other invisible persons are there to support you: Court

Court adjourns hearing.

Matter to be heard tomorrow.