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 cases are at the stage of "leave to appeal".
#ARaja @dir_ed
The cases are at the stage of "leave to appeal".
#ARaja @dir_ed
Yesterday, acquitted accused Asif Balwa had sought a copy of the sanction letter which approved the filing of the appeals by the Central Bureau of Investigation.
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barandbench.com/news/litigatio…
Appeals were listed for hearing before Justice Brijesh Sethi at 2:30 PM.
Court yet to assemble.
#2G #2GAppeal
Court yet to assemble.
#2G #2GAppeal
ASG Sanjay Jain shares the document on appointment of S Bhandari as a Special Public Prosecutor for CBI.
S Bhandari filed the CBI appeal in #2G matter.
S Bhandari filed the CBI appeal in #2G matter.
There is authorization from Centre in favour of Mr Bhandari for any CBI case and is not limited to the present case: ASG Jain
ASG Jain shares the Notification on appointment of SG Tushar Mehta as the Special Public Prosecutor for the cases arising out of 2G spectrum cases.
It is a 24(8) CrPC appointment for 2G cases. It pertains to all 2G spectrum cases investigated by CBI: Jain
ASG shows the third document dated 24 May 2019 on his appointment as SPP in 2G case.
After Mr Mehta was appointed as SPP, somebody filed a contempt plea saying that only Surpreme Court had the prerogative to appoint an SPP in 2G cases. SC held that it was not contempt as trial was over: ASG Jain
There no more requirement of Surpreme Court appointing SPPs in 2G cases: ASG Jain
ASG Jain shares Govt of India document which states that 2G was a fit case for appeal.
By this order, CBI was asked to file an appeal: ASG Jain
By this order, CBI was asked to file an appeal: ASG Jain
Copy of the order was sent to CBI: ASG Jain
ASG Jain reads Section 378 CrPC.
378(1) deals with State Government.. in case of CBI, State govt does not have the power..in case of (2), it is the Central Government which is directing CBI: ASG Jain
The section does not talk about any special type of prosecutor.. it is the prerogative of the Centre to appoint as many Special Prosecutors for a specific case: ASG Jain
Jain reads Section 2(u) CrPc.
What is needed in this case is a person appointed under section 24.. section 378 will be fulfilled: ASG Jain
What is needed in this case is a person appointed under section 24.. section 378 will be fulfilled: ASG Jain
Who is a public prosecutor is not interfered with in section 378. It is the discretion of the agency. In this case, although Mr Tushar Mehta was appointed as SPP, it doesn't mean that only he would be coming to file the appeal: ASG Jain
ASG Jain refers to Section 16 of Advocates Act on "senior and other advocates".
ASG Jain refers to Bar Council of India Rules on restrictions on senior advocates.
Merely because SG Mehta was designated as SPP doesn't mean that he can do something that he, in his capacity as a senior advocate, cannot do.. : ASG Jain
Merely because SG Mehta was designated as SPP doesn't mean that he can do something that he, in his capacity as a senior advocate, cannot do.. : ASG Jain
CBI got the draft vetted from Mr Mehta and Mr Bhandari filed the appeal. This act is sufficient under section 378 and no further enquiry is required: ASG Jain
ASG Jain refers to a judgment passed by P&H HC.
When Justice UU Lalit was SPP, some pleadings were filed by him. It was his discreation. He was a special appointee of Supreme Court. In this case, SC did not appoint Mr Mehta but Govt did. It is now his discretion to have the filing done by a duly empowered person: ASG Jain
ASG Jain reads the P&H HC judgement.
In the present case, opinion was formed by the Central Government and appeal was filed: ASG Jain
What deserves highlighting here is that section 378 does not talk about the process for formation of the opinion. Thus the court cannot examine the process of forming an opinion : ASG Jain
Mode of formation of opinion is within and governed by the general executive powers and is purely administrative in nature : ASG Jain reads the judgment
ASG Jain continues to read the judgement.
ASG Jain reads the portion on mode of presentation of appeal.
The essence of Section 378 is presentation of appeal and not the preceding steps..: ASG Jain
The essence of Section 378 is presentation of appeal and not the preceding steps..: ASG Jain
Have these documents been place don record? : Court
Not yet. We can place it on record. We will have it mailed to the court master and Mr Aggarwal: ASG Jain
Not yet. We can place it on record. We will have it mailed to the court master and Mr Aggarwal: ASG Jain
Adv Vijay Aggarwal says he will take a look at the documents.
Senior Adv Vikas Singh says there is an application by Kareem Morani highlighting a legal issue which is pending before Division Bench.
Why should this court's precious time be wasted : Singh
Senior Adv Vikas Singh says there is an application by Kareem Morani highlighting a legal issue which is pending before Division Bench.
Why should this court's precious time be wasted : Singh
Court proceeds to adjourn the hearing for the day.
Hearing to continue tomorrow.
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