CBI backs day-to-day 2G trial
The CBI on Friday opposed before the Supreme Court the petitions filed by accused persons in the 2G spectrum allocation case against its earlier verdict ordering a day-to-day trial in the case and barring the high court from entertaining pleas pertaining to the matter, saying that all such pleas would be filed directly before the top court.
Senior advocate K.K. Venugopal, appearing for the CBI, told a bench headed by Justice G.S. Singhvi that its April 11, 2011, order barring the high court from hearing cases arising out of the scam and directing trial on day-to-day basis was based on the “extra-ordinary nature of the case” in which the documents and reports of the CAG and CBI were “mindboggling”.
“To deal with extraordinary situation this court can exercise extraordinary power vested to it under Article 136 and 32 of the Constitution,” he said, adding that “your lordship has not closed the doors for judicial remedy for any grievances whatsoever to the accused in this court”. Mr Venugopal’s argument was supported by advocate Prashant Bhushan, who said the April 11, 2011, order was just and practical to achieve speedy trial in the case involving influential and resourceful accused who are not leaving any opportunity to challenge the trial court orders.
However, the court said the stature of persons does make any difference for it in hearing the cases. “What difference does it make whether a person is a minister or top corporate,” the bench said. Senior advocates Ram Jethmalani, Harish Salve and Mukul Rohatgi, appearing for some accused, submitted that apex court should recall its April 11 order. Mr Jethamalani said the court should stop monitoring the case after the filing of the chargesheet and in this case more than one charge sheet has been filed.
The bench, also comprising Justice K.S. Radhakrishnan, refrained from passing any order on a plea seeking stay of the trial court order summoning new witnesses in the 2G spectrum case.
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