‘2G case monitoring won’t prejudice trial’
The Supreme Court has brushed aside all doubts that its continuous monitoring of the 2G scam case and passing various orders in the process would “prejudice” the trial proceedings before the special court against the accused persons.
The apex court’s special bench set up to monitor the case has made it amply clear that special judge O.P. Saini appointed to hold the trial in the 2G scam case, has complete independence to conduct the trial proceedings “uninfluenced” in any manner by any order passed by the higher courts, including the SC.
The top court has continued the monitoring to ensure that the three investigating agencies of the government — CBI, ED, income-tax department — do not show any laxity in concluding the remaining part of the probe, especially with regard to a series of huge illegal money transactions in the foreign countries on “speculative trading” of spectrum licences.
The doubts about any “prejudice” were cleared by the reconstituted special bench of Justices G.S. Singhvi and K.S. Radhakrishnan while rejecting a petition of key accused and former communications minister A. Raja for review of February 2 verdict of the SC for cancelling of 122 licences granted by him to 11 private companies in 22 telecom circles of the country.
“The apprehension expressed by the applicant (Raja) that the observations contained in various paragraph of the judgement of February 2 will prejudicially affect his cause is not well-founded,” the bench said, adding it was not “convinced” about the reasons cited for the so-called prejudice to be caused due to the apex court orders.
The bench made it clear that in every order passed by the top court during the course of monitoring, it has been repeatedly emphasised that the order so passed order would not have any bearing on the trial proceedings. It was stated in clear terms in the February 2 verdict for cancelling of the licences as well.
“It has been made clear the observations contained in the judgement shall not prejudice any person including the applicant (Raja), who is facing prosecution in the case registered by the CBI, or (any other person) who may face prosecution on the basis of the charge-sheets which many be filed by the CBI in future and the special judge, CBI shall decide the matter uninfluenced by the judgement,” the bench said.
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