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 appeals are at the stage of leave to appeal.

#ARaja #2G #2GAppeal

@dir_ed

Hearing begins.

I will not say I was on my legs yesterday.. there have been two writ petitions by Rajiv Agarwal and Siddharth Behura. They were listed before Justice Navin Chawla. They will come before My Lord on Monday: Adv Vijay Aggarwal

CBI raised a contention that these (legality of sanction to file appeal) things can only be decided in writ petition.. it cannot be done in appeal. Thus I filed the writ for this reason. Today, before the writ court it was argued that this court can look into it : Aggarwal

I've already argued. I've nothing to say. We will never be repeating anything: Aggarwal

Aggarwal appears for Asif Balwa, Shahid Balwa, Rajiv Agarwal and other acquitted accused.

In Deepak Kochar matter, Mr Amit Mahajan filed very good judgements which I didn't know: Aggarwal

When a legal issue is before a superior court, a matter should be sine die adjourned: Aggarwal

Court is considering the applicability of repealed Section 13(1)(d) Prevention of Corruption Act.

Aggarwal shows cases which were adjourned in view of pendency of issue before superior court.

This was argued by the Enforcement Directorate itself in High Court. How can they say otherwise here : Aggarwal

Practice of the court is the law of the court. Courts are adopting this approach: Aggarwal

Aggarwal reads a judgement to support his stand.

It is a practice which is being followed by the High Court: Aggarwal

Either the court should hold its hand or transfer the issue to that court : Aggarwal

Aggarwal refers to judgements.

When something has stopped, it can't be restarted: Aggarwal

Aggarwal continues to read the judgements.

Appeal is not continuation of a proceeding.. the section has not been saved : Aggarwal

Aggarwal reads Section 6A of General clauses Act.

In case my argument fails, to apply section 6A , the Court will have to see the intention of the legislature: Aggarwal

There was four points to show the intention. We had pointed out the Rajya Sabha debates: Aggarwal

Aggarwal refers to Select Committee Report.

Justice Muralidhar while sitting singly passed a judgement.. it was also a telecom case. There was no proof of any pecuniary advantage. He raised the issue and framed the reference: Aggarwal

They realised why will a bureaucrat work ? If a sub-inspector tells a secretary that what you did was not in public interest.. if you start prosecuting people like this, no babu will work: Aggarwal

Every offence is a deeming fiction and has a life : Aggarwal

I had shown the difference between the 5(1)(d) and 13(1)(d).. : Aggarwal

After legislative history, there is judicial history also: Aggarwal

Aggarwal refers to Jayalalitha judgement from Madras High court: Aggarwal

This judgement was upheld by Surpreme Court..which said that element of dishonesty must be proved: Aggarwal

Aggarwal refers to another judgement.

After 2G scam, we have graduated to coal scam..in coal scam case (against Manmohan Singh), the case is stayed till date. Here I was acquitted after seven years. Was there no urgency in that case. That was alos an important case : Aggarwal

In coal scam matter is not proceedings for five years because Surpreme Court is examining its validity.. why 2G then? Why should we not wait for Division Bench to decide the legal issue: Aggarwal

Why discriminate between coal scam and 2G??.. Here it is former telecom minister, there it is former Prime Minister: Aggarwal

Section 13(1)(d) never attained any finality.. it was always under question: Aggarwal

Aggarwal argues thay law is dynamic and keeps changing.

When a section goes, all pending trial and proceedings also go: Aggarwal

Can we leave common sense in cold storage?: Aggarwal

I had shown varying views of Justice Nariman: Aggarwal as he refers to judgements by him.

I'm trying to argue the points that ASG Jain may take : Aggarwal

Section 6(e) General Clauses Act is against me: Aggarwal

Leave to appeal is not a right, it is a hope: Aggarwal

There is no saving of rights.. under 6(e) rights have been saved and not hopes and expectations: Aggarwal

Aggarwal refers to a judgment.

Aggarwal refers to a privy counsel judgement.

It is a case of express repeal. They said they do not want section 13(1)(d)(iii): Aggarwal

There is no saving clause : Aggarwal

In the present case, there is only hope and expectation on part of CBI: Aggarwal

These proceedings should not continue.. they started with 13(1)(d).. : Aggarwal

Aggarwal reads a judgment.

The repeal is in my favour so the court will look at me first: Aggarwal

Aggarwal refers to judgments.

Before filing an leave of appeal, analysis of judgement is required.. this effects me (RK Chandolia) the most. There is nothing else against him: Aggarwal

Chargesheet may have many things. There beas forgery also. But that charge was not framed : Aggarwal

The charges are not with the appeal. We will screen share and email it to all: Aggarwal

There was no advantage to me (Chandolia). If 13(1)(d) goes, the whole case against me goes : Aggarwal

There was no allegation or charge that I took illegal gratification: Aggarwal

My client offered himself as a witness. He was cross examined for days and nothing came out: Aggarwal

A Raja also offered himself as witness .. their statement is not read and they say that 10 days hearing is over, you decide it. Picture is yet to start. We haven't started with the evidence: Aggarwal

Chandolia was not an accused in Enforcement Directorate. Siddharth Behura and Chandolia are the two unfortunate accused in my career: Aggarwal

All were unfortunate.. seven years of trial : Senior Adv N Hariharan

They were not so unfortunate, you appeared for them: Aggarwal

Mr Raja had two secretaries, one towed the line of the Prosecution and was made a witness. Chandolia was made an accused: Aggarwal

Final arguements are not on record. They should put their house in order if they want to prosecute : Aggarwal

Chandolia is highly impacted. Section 13(1)(d) is standing between his complete acquittal: Aggarwal

This is my sample argument for leave to appeal..there is a star witness.. AK Shrivastava. This name would spring again and again. He knew the case more than us: Aggarwal

His testimony is 340 pages. He was the Deputy Director General. He had done file notings in the case. Before the arrest of Raja, he said Raja acted as per norms. After arrest, his testimony turned: Aggarwal

He said Raja gave directions to RK Chandolia: Aggarwal

Are you submitting arguments on leave?: ASG Jain

If Mr Aggarwal has concluded, Mr DP Singh can continue.. I thoroughly enjoyed his arguments but the matter should proceed: ASG Jain

Don't expand the scope of your application on Sec 13(1)(d): Court

I think your arguments on those points are over : Court

Sec 13(1)(d) is a point in law.. I wanted to show that how it would have an impact on his person.. please give me five more minutes: Aggarwal

The allegation on Chandolia was that he delivered a letter to PM Manmohan Singh from A Raja.. I want to show how things have proceeded and how unfortunate these people have been: Aggarwal

Aggarwal reads the statements of AK Shrivastava

After raid and arrest of Raja, the statement was changed..the venue of meeting was changed. : Aggarwal

If you want to argue, I'll give finding on this issue as well: Court

I'm just showing my anxiety for this client.. I'm not asking the Court to sift evidence right now : Aggarwal

If you argue, Mr Sanjay Jain will have to reply: Court

I need two minutes: Aggarwal

In the changed statement, even Mr Behura was introduced. It was a bus of conspiracy: Aggarwal

Such people giving statement must go to jail .. then he says A Raja was also part of the meeting: Aggarwal

The last aspect of this is left. Only for my fairness I should get some marks. There is a judgment by Surpreme Court: Aggarwal

Aggarwal shows the judgement on sec 13(1)(d)..

Mr Jain will rely on it.. There was no issue in this judgement on the amendment. It is on preliminary enquiry: Aggarwal

The obitor of the judgement is against me. Thi judgment is before the Division Bench which has opined that the issue needs to be adjudicated. The reference has not come to an end: Aggarwal

Aggarwal continues to read the judgment.

This decision of Supreme Court cannot be a precedent. Only a casual remark had been made: Aggarwal

Aggarwal reads a judgment.

I can go on and on but the point that I'm trying to make is that sec 13(1)(d) is a matter of life and death for Chandolia: Aggarwal

My application be allowed.. I'm sorry for digressing into facts for a bit : Aggarwal

Adv DP Singh begins.

Just to be as brief as possible but what is the connotation of appeal.. : Singh

I'm not going to touch it today.. I'll do it in one go. Next is procedure established by law : Singh

Then I'll not deal with things that have been dealt by my friends. Last, I'll deal with the jurisprudence of crime : Singh

These are the things I'll be dealing with tomorrow: Singh

It's already 5 pm .. I will not repeat: Singh

Court may ask how many people will argue tomorrow: ASG Jain

Court may allocate some time because I will also take some time to respond to half a dozen counsel: ASG Jain

Mr DP Singh will argue, Mr Sidharth Luthra will argue..: Court

Mr Vikas Singh was there .. I don't know if he's there: ASG Jain

Mr Singh will argue whenever court says : counsel

Let Mr Vikas Singh argue tomorrow: Court

Court adjourns hearing.

Matter to be heard tomorrow.