New Delhi: Delhi High Court allows plea of CBI and ED seeking early hearing on their appeal against the acquittal of all accused in 2G spectrum allocation scam case.
Court says the hearing will start from 5th October on a day-to-day basis
The leave to appeal will be heard on a day-to-day basis from October 5, said Court.
Order was pronounced by a Single Judge Bench of Justice Brijesh Sethi.
CBI and ED had sought an urgent virtual hearing in the matter to facilitate a decision in their leave to appeal before the retirement of Justice Sethi in the end of November 2020.
Appearing for the agencies, ASG Sanjay Jain had contended that the scheduled date of October 12 should be advanced in the public interest and to save judicial time.
All acquitted accused persons, including A Raja and K Kanimozhi, had opposed the early hearing plea on the ground that since the High Court has taking up only those pending criminal matters in which the accused was still in custody, there was was no urgency in the present case.
Retirement of a judge was not a legal ground to advance an already fixed date, counsel claimed.
Given the voluminous trial record, the counsel had also apprehended that virtual hearings would not be feasible.
After the acquittal of all accused by the CBI Court in December 2017, the CBI and the ED had filed an appeal in the High Court in March 2018.
Since then, the case has lingered and is yet to cross the hurdle of grant of leave to appeal by the High Court.
Last year, the Court had begun listing the appeals on an almost day-to-day basis. The same was however discontinued due to the disruptions caused by COVID-19.
Advocate Manu Sharma appeared for A Raja. Advocate Vijay Aggarwal, represented Shahid Balwa, Asif Balwa and others. K Kanimozhi and Sanjay Chandra were presented by Advocate Tarannum Cheema. Sharad Kumar was represented by Advocate R Balaji.
Advocates Siddharth Agarwal, DP Singh, Manali Singhal, J Aristotle, Vedanta Varma, Varun Sharma, Sahil Modi also appeared for other accused persons.
Senior Advocate Dayan Krishan with Advocate Arshdeep Singh appeared for Ravi Kant Ruia and others.