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 cases are at the stage of "leave to appeal" and listed before Justice Brijesh Sethi.

#ARaja @dir_ed

The Court is examining whether the appeals were filed in compliance of Section 378 CrPC.

#2G #2GAppeals

Hearing begins.

#2G #2GAppeals

Senior Adv Sidharth Luthra says he has sent some decisions to the Court along with a short proposition note.

He appears for Siddharth Behura.

I'm available for any factual clarification: Luthra

By midnight, we will send a chart of distinction on judgements sent by Mr Luthra.. our version we will provide by 11pm-12 midnight: ASG Sanjay Jain.

Jain appears for CBI and ED.

ASG Jain continues with his submission that the CBI appeal was filed in compliance of all legal provisions.

Sanction is a prerequisite for a court to take cognizance. In juxtaposition, for sec378, it is for public prosecutor to file appeal. Court here is not directly concerned. That is the distinction: Jain

Jain refers to a judgement.

I'm closing my submissions. I will give a two-pager to court: Jain

The court may pronounce its verdict on the issue. The court may now hear the application on PC Act: Jain

Senior Adv N Hariharan says he has to make certain submissions.

I have to bring to the notice the intent of section 24(1) CrPC: Hariharan, refers to Law Commision Report.

New arguments cannot be made now: Jain

The legislature is emphasising that any appointment in violation of 24(1) will be violative of Art 14.. Mr Jain is getting the essense of being a public prosecutor from 24(1).. he has to come within 24(1) to present an appeal: Hariharan

It can't be said that appointment under sec 24 (8) can be done arbitrarily without consulting the High Court : Hariharan

You've made your point very clear..: Court

Hariharan refers to a judgement.

The legislature, court are conscious that it is a consultative process.. extraordinary case requires extraordinary consultation: Hariharan

Entire thread (of the section) shows a consultative process : Hariharan

Hariharan continues to read the judgement.

Any person appointed to file an appeal has to be appointed in consultation with the High Court: Hariharan

Hariharan reads another judgement.

Nothing short of procedure prescribed under 24(1) has to be expected..: Hariharan

There can be no appointment as public prosecutor for the High Court and present an appeal unless procedure under Sec 24(1) is followed.. : Hariharan

I'm not burdening the court with further judgements: Hariharan

So far as this application is concerned, it stands concluded: Court

I want to give some information. While arguing my application for documents, I said whatever was shared on screen, should be filed but not in truncated form. I have reproduced any specific arguements in the form of an application: Adv Vijay Aggarwal for Asif Balwa

Whatever was given on email should be given on affidavit. This is my prayer: Aggarwal

Sanction is a prerequisite for sec 378 as well : Aggarwal

This is a constitutional court, there is no embargo on our powers : Court on ASG Jain's assertion that the High Court has no power to look into the process of grant of sanction.

I have also filed a writ petition now: Aggarwal

Court says it will hear next the application of the applicability of Section 13(1)(d) of Prevention of Corruption Act.

It can't be so that all Advocates argue.. it must be time bound : Jain

Hearing adjourned for the day.