2G trial doubles as law classroom

A ‘classroom’ has been in session for around eight months at the city’s Patiala House trial courts, venue for arguments on the 2G telecom spectrum case, which has seen an ex-minister, MPs and industrialists taken into judicial custody. It has turned into a massive learning ground for young lawyers.

“We have to read over 100,000 pages sent by CBI (the Central Bureau of Investigation) alone. We have all become adept in our knowledge of the telecom sector, which is very technical,” a lawyer from the team of Vijay Agarwal, one of the senior counsels, told Business Standard. Agarwal is representing Shahid Balwa, a promoter of the DB Realty group, and four others charged in the scam.

A senior advocate, who did not want to be named, drew parallels with the Harshad Mehta and Ketan Parekh cases, also involving huge sums of money and many accused. “Those cases, like 2G, were very high profile and drew a lot of media attention,” he said, adding they offered ample opportunities for lawyers to learn. Another similarity was the time taken; both went on for very long and this one promises likewise. And, therefore, so much more to learn from!

A budding lawyer said being involved in a case with such high-profile people has been an experience in itself. He says former telecom minister A Raja, himself a lawyer, often tells junior lawyers to observe some of the arguments carefully, from an academic perspective.

Given the regularity of the hearings, many law firms are concentrating the bulk of their resources on this. “This is like a new branch of law that is emerging, with the Supreme Court monitoring the progress,” said a law firm representative defending Reliance Telecom.

According to a defence counsel, what makes the case unusual are the technicalities involved. These, at times, require the accused to argue himself. This is not the usual norm in a hearing still at the pre-trial stage, he pointed out. “The most surprising thing is that none of the accused have been given bail yet. The precedents that we have quoted to support the bail applications and otherwise have just been overlooked,” he said, explaining why it would be a good learning ground for young lawyers and even those studying law.

“We have been eating, breathing, living 2G this year. There is no time for anything else. If it is not the trial court, then we are at the Supreme Court,” said one lawyer. On a daily basis, suitcases filled with files and documents arrive in the court premises. Junior lawyers are seen skimming papers and their iPads constantly, providing inputs and documents to senior counsels.

With lawyer teams for the 17 accused, their family members, public relations officers, policemen and television and print media journalists in attendance, it makes for a packed audience.

The size of the court room is the common point of frustration, something presiding judge O P Saini has taken note of, after complaints from the lawyers. “A case as big as this, involving so many people, requires a bigger court room,” said an exasperated senior.