CBI defends SC order on 2G spectrum case

Apex court had barred all other courts from entertaining any petition related to scam

The Central Bureau of Investigation (CBI) today defended the order of the Supreme Court in the 2G spectrum case barring all other courts in the country from entertaining any petition related to the scam.

It said that the investigations into the interconnected series of deals spanning over nine years are not yet over and therefore, the comprehensive monitoring by the court was justified.

K K Venugopal, senior counsel for the CBI, was replying to the arguments of an array of senior lawyers like Ram Jethmalani, Harish Salve and Mukul Rohtagi representing the accused persons standing trial in the special court.

They have assailed the Supreme Court bar on the courts below to take up any petition complaining about the procedural faults. Among the list of accused are Shahid Balwa, Asif Balwa, Ravinder Kuma Chandolia.

Venugopal said that Investigations into some aspects, like the role of former minister Murasoli Maran in the Aircel-Maxis affair are still on.  Therefore the continuous monitoring of the case by the Supreme Court with restrictions on other courts tending to impede the progress of the investigations and trial was justified.

The enormity of the scandal involving huge loss to the exchequer demanded that special procedures be adopted.  Not just ministers, even top industrialists and politicians have been chargesheeted in an unprecedented trial. Therefore, the court order wanted to ensure that  the trial proceeded without impediments.

Jethmalani asserted that the trial is “totally void” as it violated several precious rights of the accused conferred on them by the Constitution and the criminal procedure. The order was passed without hearing the accused persons, which is a serious violation of natural justice. The court has the power and duty to correct its own errors when they were pointed out, he said.

Salve said that when the court took up the scam, the situation was different from now. After the charge sheets have been filed and the trial is going on a day to day basis, there is no need for a total bar on smaller issues arising from the trial, which is about to end.

Therefore, the court should modify its order and leave the complexities to be resolved by the Delhi high court, where the accused persons have challenged certain orders of the special court. The CBI will resume its arguments on Friday.

The Central Bureau of Investigation today defended the order of the Supreme Court in the 2G spectrum case barring all other courts in the country from entertaining any petition related to the scam. It said that the investigations into the interconnected series of deals spanning over nine years are not yet over and therefore, the comprehensive monitoring by the court was justified.

K K Venugopal, senior counsel for the CBI, was replying to the arguments of an array of senior lawyers like Ram Jethmalani, Harish Salve and Mukul Rohtagi representing the accused persons standing trial in the special court.

They have assailed the Supreme Court bar on the courts below to take up any petition complaining about the procedural faults. Among the list of accused are Shahid Balwa, Asif Balwa, Ravinder Kuma Chandolia.

Venugopal said that Investigations into some aspects, like the role of former minister Murasoli Maran in the Aircel-Maxis affair are still on. Therefore the continuous monitoring of the case by the Supreme Court with restrictions on other courts tending to impede the progress of the investigations and trial was justified.

The enormity of the scandal involving huge loss to the exchequer demanded that special procedures be adopted.  Not just ministers, even top industrialists and politicians have been chargesheeted in an unprecedented trial. Therefore, the court order wanted to ensure that  the trial proceeded without impediments.

Jethmalani asserted that the trial is “totally void” as it violated several precious rights of the accused conferred on them by the Constitution and the criminal procedure. The order was passed without hearing the accused persons, which is a serious violation of natural justice. The court has the power and duty to correct its own errors when they were pointed out, he said.

Salve said that when the court took up the scam, the situation was different from now. After the charge sheets have been filed and the trial is going on a day to day basis, there is no need for a total bar on smaller issues arising from the trial, which is about to end.

Therefore, the court should modify its order and leave the complexities to be resolved by the Delhi high court, where the accused persons have challenged certain orders of the special court. The CBI will resume its arguments on Friday.