2G case: SC to pass verdict on pleas for recalling its orders

The Supreme Court will tomorrow pass its verdict on a batch of petitions filed by the accused in the 2G spectrum case seeking recall of its two orders barring the high court from hearing the matters arising out of the scam.

A bench of justices G S Singhvi and K S Radhakrishnan will deliver the judgement on petitions filed by accused Shahid Balwa, Vinod Goenka, Rajiv Agarwal, Asif Balwa and Ravinder Kumar Chandolia. It had reserved its verdict on August 21.

The hearing in the matter was concluded with the CBI justifying the apex court's orders considering the magnitude of the probe in the case spreading from individual to corporate house and suicide by a person connected with the 2G scam.

The agency opposed the plea of accused that the apex court's power to monitor the probe comes to an end with filing of charge sheets.

Senior advocates Ram Jethmalani, Harish Salve and Mukul Rohatgi, appearing for the accused, submitted that apex court should recall its April 11, 2011 order.

Jethamalani said the court should stop monitoring the case after filing of the charge sheet and in this case more than one charge sheet has been filed.

Reliance Telecom Ltd (RTL), also an accused in 2G case, had said the order has infringed upon the fundamental rights of a person for equal protection before the law.

It had said the order was passed by the apex court in its anxiety to fast track justice but it has taken away the rights of the accused granted under Article 14 and 21 for fair trial and violates the rights held under the basic structure of the Constitution.

RTL had said the right under Article 226 of the Constitution to move the high court cannot be taken away as there has been an apex court judgement holding that this provision is a part of basic structure of the constitution.