NEW DELHI: A 2G scam accused on Monday questioned the Supreme Court's strict monitoring of the CBI investigation into alleged irregularities in spectrum allocation in 2008 under then telecom minister A Raja and challenged its orders asking other courts not to entertain appeals against trial court decisions.
Accused Asif Balwa's writ petition also questioned the legality of a two-judge bench's November 9 order, by which the SC had issued notices to all accused asking why their petitions in the Delhi High Court against the decision of the trial court to frame charges against them be not transferred to the apex court.
Senior advocate Ram Jethmalani mentioned the petition before a three-judge bench headed by Chief Justice Altamas Kabir and sought an urgent hearing on the ground that precious rights of the accused facing trial were being breached by the two-judge bench's orders. The CJI-headed bench said it would examine the contents of the petition and consider giving a hearing to the petitioner.
Balwa, who was a director of Swan Telecom (now known as Etisalat DB Telecom Pvt Ltd), also questioned the two-judge bench's method of monitoring the investigation, during which the judges had looked into the draft chargesheet of the CBI against the accused. "The role of constitutional courts in monitoring investigation and the jurisdiction to adjudicate issues arising there from have to be dealt with, in order to ensure that the prosecutor, investigator and the judge are not seen to be same person," he said.
Balwa said it was well-settled in law that on filing of chargesheet by the investigating agency, the monitoring by a constitutional court must come to an end to allow the trial to proceed under the statutory provisions.
"Merely because the Supreme Court has monitored the investigation does not mean that all the remedies available to the accused as well as the prosecution in accordance with law has been subverted," he said questioning the apex court's orders asking the HC not to entertain pleas of the accused facing trial in the case relating to alleged irregular allocation of spectrum.
Balwa also said the special bench, which monitored the 2G scam, had passed orders against the accused on a petition in which they were not even included as parties. "Thus, there is a complete failure of principle of natural justice as the orders and directions have been passed without giving an opportunity of hearing to the affected parties including the petitioner," he added.
Is SC right in shutting our legal rights, asks 2G scam accused
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Is SC right in shutting our legal rights, asks 2G scam accused
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Is SC right in shutting our legal rights, asks 2G scam accused
