2G case: Delhi HC rejects pleas against sanctions for CBI's appeal challenging acquittal
Nov 23, 2020
New Delhi [India], November 23 : The Delhi High Court on Monday rejected several petitions challenging the sanctions granted by the Central government to the Central Bureau of Investigation (CBI) to file an appeal against the acquittal of accused persons in connection with the 2G spectrum allocation case.
A single-judge bench of Justice Brijesh Sethi also rejected the plea of individuals stating that the CBI had filed the appeal against their acquittal without placing on record the mandatory approval by the Central government.
Justice Sethi also released the appeals against the 2G verdict from his board as he is retiring on November 30. The appeals will now be listed before another Judge on December 1, he said.
The bench also said the 2018 amendments in the Prevention of Corruption Act would not apply to crimes committed prior to the amendment.
Former Telecom Secretary Siddharth Behura, accused of sending Rs 200 crores through various channels to DMK MP K Kanimozhi in the 2G spectrum case, had challenged in the Delhi High Court sanctions granted by the Centre's for the CBI to filed an appeal against their acquittal.
Kusegaon executive Rajiv Agarwal, another in the 2G spectrum allocation case who was acquitted by the trial court, earlier told the court that CBI had filed an appeal against his acquittal without placing on record the mandatory approval by the Central government.
The plea stated that the procedure prescribed by the Delhi High Court rules and the CBI manual have not been followed by the CBI and because of these glitches, the CBI has not supplied the complete documents in the court.
It said the grant of sanction to file an appeal under Section 378 (2) of the CrPC is akin to the grant of sanction to prosecute and hence same has to be done with the utmost application of mind.
The appeal under Section 378 (2) of the CrPC is to be filed by a special public prosecutor appointed for 2G spectrum cases, which has not been done in the present case, the plea said.
The High Court had in October commenced a day-to-day hearing on CBI's 'leave to appeal' against the acquittal of all the individuals and firms. Leave to appeal is formal permission granted by a court to a party to challenge a decision in a higher court.
