Over 10,000 appeals pending in Delhi HC, but CBI preferring 2G appeal only: Adv Vijay Aggarwal argued
Sep 22, 2020
New Delhi [India], September 22 : Opposing the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) application for early hearing in the 2G appeal against acquittal, Advocate Vijay Aggarwal representing businessman Shahid Balwa on Tuesday argued that more than 10,000 appeals are still pending of those who are in jail before Delhi High Court and there is no reason why preference should be given to the leave petition filed by CBI which is against an acquittal which was granted after day to day trial.
He also submitted, "Indian legal system does not cleave to be theory of hound the accused at all cost by means fair or foul".
A single-judge bench of Justice Brijesh Sethi on Tuesday reserved the order on the plea after all the parties concluded their arguments.
Advocate Tarannum Cheema argued that her client Sanjay Chandra is in judicial custody and was served with the application today itself and needs two week's time to file a reply to the leave petition, however, she argued that her client Sanjay Chandra is in judicial custody and is permitted only two video conferences per week hence we will not be able to take effective instructions.
Sanjay Jain, Additional Solicitor General representing CBI and ED argued that substantial public time has already been consumed. A judge can always decide how much time is required to hear a matter...If genuine efforts are made and assistance is rendered it's possible to take this matter to a logical conclusion, ASG Jain added.
All the respondents including former Telecom Minister A Raja and others have strongly opposed the application of the CBI and ED.
Advocate Manu Sharma appearing for A Raja had on Monday argued that there was no cause to grant an out-of-turn urgent hearing to the appeals moved by CBI and ED amid the COVID-19 pandemic. The investigation agency has only spoken about public interest in their application but has not substantiated the same with arguments, he said.
Justice Brijesh Sethi, who is hearing the appeal of ED and CBI against the trial court order which acquitted all the accused in the 2G case, is retiring on 30th November this year. He had recently issued notice to all respondents to file a reply on the early hearing plea filed by the CBI and Enforcement Directorate (ED).
