2G Case: CBI's Appeal Not Maintainable; Did Not Follow Filing Procedure, Accused Argue In Delhi HC

Team SoOLEGAL 7 Oct 2020 4:22pm

2G Case: CBI's Appeal Not Maintainable; Did Not Follow Filing Procedure, Accused Argue In Delhi HC

In 2G Spectrum case, the accused have stated that the leave to appeal which has been filed by Central Bureau of Investigation is not maintainable against the acquittals of A. Raja, and also the CBI did not follow the rules and regulation for filing such an appeal.

Justice Brijesh Sethi was hearing the plea. The counsel on behalf of the accused stated that CBI filed the appeal without following the basic procedure, which is requiring the approval of central government. The claims were put forward in the leave to appeal brought by the CBI and the ED against the acquittal of A Raja and others in the 2 G spectrum case.

According to the accused, clause 23.20 of the CBI Manual was not followed by CBI. Clause 23.20 states that, reference to be made to the Attorney General in order to determine whether or not a case is eligible for appeal if there has been acquittal in an important case. The ‘important case’ is classified on the basis of the sum involved, the position of the offender, the delicate nature of the inquiry involving elected officials, etc.

The accused also stated that CBI did not show any documents which proves that they got the required permission from Department of Prosecution and Union Ministry before filing an appeal.

Additional Solicitor General opposed the arguments of the accused and stated that the Court must not waste their valuable time by entertaining this absurd arguments and applications. He also argued that whether to file an appeal by the CBI is an internal matter, and if Court directs, then the deliberations can be shared to the Court in a sealed envelope.

The Court had adjourned the matter till next hearing. 

Tagged: 2G Case   Delhi HC   2G Spectrum case   CBI   Justice Brijesh Sethi   Solicitor General  
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