New Delhi (ILNS): The Delhi High Court today allowed the CBI and the ED’s pleas seeking early hearing of petitions filed against the acquittals of A. Raja and others in 2G Spectrum case. The court will start day-to-day hearing of this case from October 5.
The court said: “No doubt there may be a delay in filing the application for early hearing, no doubt the documents are voluminous in nature, no doubt the evidence runs into thousands of pages, no doubt one judgment also runs into 1,552 pages, but that does not mean that this should deter this court in hearing the criminal leave petitions.
“judicial discipline demands that the judge should do his duty and must not succumb to pessimism and it is not expected from him to sit leisurely with his pen down and to say that he will not hear the cases because the record is voluminous and the time at his disposal is limited,”
-said Justice Brijesh Sethi in his 24-page judgment.
The Delhi High Court had reserved its order in an early hearing application moved by the Central Bureau of Investigation and Enforcement Directorate in connection to the 2G Scam case.
The petitions have been filed seeking ‘leave to appeal’ against the judgment dated 21st December, 2017 passed by learned Special Judge acquitting all the respondents for the offences charged against them, which are as under:-
I. In Crl.L.P.184/2018 u/s 3 of PMLA and punishable under Section 4 of PMLA.
II. In Crl.L.P.185/2018 sections 420/409/468/471/193 IPC r/w section 120 B IPC r/w sections 7/11/12/13 (2) r/w section 13(1) (d) of the Prevention of Corruption Act, 1988.
III. Crl.L.P.257/2018 Section 420 IPC r/w section 120B IPC.
ASG Sanjay Jain had contended before the Court that the learned Special Court has failed to appreciate clinching evidence available on record and has not appreciated it in the correct perspective. He submitted that the impugned acquittal order has adversely affected the interest of the Government of India and public exchequer in other related proceedings.
The interest of justice demands that so far as possible, part-heard matters should not be left inconclusive and if the Bench has the time to hear further arguments, those should be heard and decided as expeditiously as possible, said the Delhi High Court.
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Read the Judgment here;
BSI29092020CRLMP1842018_163715-ILNS