Thread by @barandbench

Delhi High Court will shortly begin the hearing in the case concerning CBI's leave to appeal in the 2G spectrum case.

The matter will be heard by a Single Judge Bench of Justice Brijesh Sethi.

#DelhiHighCourt #2GAppeal #2GSpectrum #2GCase

Single Judge Bench assembles.

Advocate Vijay Aggarwal is the first to address the Court.

Aggarwal first gives a glimpse of the prayer sought in the petition placed for hearing before the Court today.

#DelhiHighCourt #2GAppeal #2G

Petition seeks quashing of a communication dated 17/1/2018 of the DoPT alleging that the appeal filed by CBI is done so by a person without the authority of the law.

#DelhiHighCourt #2G #2GAppeal

Aggarwal: My Lord will have to forget that My Lord is sitting in appeal under S.378 jurisdiction. My Lord is a civil court where I have come with a writ petition.

Aggarwal: My point is whether the decision to appeal against me is an executive decision and I say the discretion is not exercised properly.

My Lord will look at the decision making process and how it is relevant in the appeal

Aggarwal: Leave to appeal is the semi final we are playing.

And appeal is the final which we don't want to play.

Prosecution was to play a quarter final also and for that we have come before you.

Aggarwal: If there is an acquittal, there has to be ana analysis on three counts. There are three agencies
- Investigative
- Prosecution
- Judge

Aggarwal: Reason for acquittal can be:
- Either investigation was faulty
- Prosecution failed to secure conviction, could be strategy also
- Judgement can be wrong if it is perverse, law applied and found acquittal was necessary etc.

Aggarwal: To appeal, Judgement has to be analysed and pre-screening has to be done before filing appeal.

Here the pre-screening was not done.

CBI manual says how a Judgment can be analysed and they have not done that. That is my point.

Aggarwal: I'm here challenging the filing of the appeal itself.

Today under A.226 petition, I'm saying that the decision to file the appeal itself is wrong.

Aggarwal: There are five categories because of which acquittal is given.

Appeal can be filed only under one category of cases where the judgment is perverse.

I'm in a way helping Court to clear its docket.

Aggarwal: In this writ petition itself, the Court should also lay down the guidelines which are required to be framed.

The court has to look at it that appeals against acquittal judgements don't come to High Court in all case but infact come only when the judgment is perverse.

Aggarwal: Various portions of the judgement say that the Judge was acquitting the accused because of the flaws in the Prosecution.

Aggarwal: There is an interim application in my petition.

Prayer is, they must supply copy of complete file of the process of communication.

My Lord must first call for these documents and then examine this Writ petition.

Aggarwal: Once I was acquitted, I got a vested right and this right cannot be taken away.

#DelhiHighCourt #2G #2GAppeal #2GSpectrum

Aggarwal: Powers of the High Court under Article 226 are wider than the powers of the Supreme Court under Article 32.

A. 32 stops at fundamental rights but A. 226 is for fundamental rights and other things also.

Aggarwal says that the relevant factors that are required to be taken into consideration and analysed before deciding to appeal against acquittal are enshrined in the CBI manual and Delhi High Court rules as well and these factors were not considered by the CBI.

Aggarwal: More often than not, in special CBI Court, prosecutors argue that CBI manual is not required to be mandatorily followed... But there are SC judgments which say that in case of conflict between CBI manual and CrPC, CBI manual has to be followed in CBI cases.

Aggarwal: In acquittal cases, Ministry of Law and Justice has to opine that the judgement is perverse and there was no fault of the investigation and only then appeal can be filed.

#DelhiHighCourt #2G #2GAppeal

Hearing in the case will continue on November 2 when Aggarwal will resume his arguments.

Hearing concludes for today.

2G Spectrum: CBI and ED appeal against acquittal of accused [LIVE UPDATES from Delhi High Court]

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