2G scam: HC asks CBI, ED, Raja and others to file submissions in appeal

The Delhi High Court Thursday asked the CBI, ED, former telecom minister A Raja and others to file their submissions in the appeals challenging the acquittal of the accused persons and firms in the 2G spectrum allocation case.

Justice Dinesh Kumar Sharma said the parties shall file brief written submissions not exceeding five pages.

As the counsel for the CBI urged the court to list the matter on an early date when he would argue on the aspect of granting leave to appeal, the judge fixed the matter for May 22 and 23.

The matter requires urgent hearing. Fix anytime of the day for conducting day-to-day hearing in the matter, the CBI counsel submitted.

Though the CBI had earlier concluded its submissions on the issue of leave to appeal, it will have to argue the matter afresh due to change of the judge.

Leave to appeal is a formal permission granted by a court to a party to challenge a decision in a higher court.

Earlier, the case was being heard on a day-to-day basis by Justice Brijesh Sethi, who retired on November 30 and had released the matter from his board on November 23 owing to paucity of time.

Before demitting the office, Justice Sethi had decided various petitions and applications filed by the acquitted individuals and firms in the three cases arising out of the 2G scam probe lodged by the CBI and ED.

After finishing submissions in the CBI's main case, the high court will take up the ED's money laundering case in which also all the accused were acquitted by the special court.

A special court had on December 21, 2017 acquitted Raja, DMK MP Kanimozhi and others in the CBI and ED cases related to the scam.

Besides Raja and Kanimozhi, the special court had acquitted former telecom secretary Siddharth Behura, Raja's erstwhile private secretary R K Chandolia, Unitech Ltd MD Sanjay Chandra and three top executives of Reliance Anil Dhirubhai Ambani Group (RADAG) Gautam Doshi, Surendra Pipara and Hari Nair in the case filed by the CBI.

Swan Telecom promoters Shahid Balwa and Vinod Goenka and directors of Kusegaon Fruits and Vegetables Pvt Ltd Asif Balwa and Rajiv Agarwal were also acquitted.

The special court had also acquitted Swan Telecom (P) Ltd, Unitech Wireless (Tamil Nadu) Ltd, Reliance Telecom Ltd, film producer Karim Morani and Director of Kalaignar TV Sharad Kumar in the CBI case.

On the same day, the special court also acquitted 19 accused, including Raja, Kanimozhi, DMK supremo M Karunanidhi's wife Dayalu Ammal, Vinod Goenka, Asif Balwa, Karim Morani, P Amirtham and Sharad Kumar in the ED case.

The special court had also acquitted Essar Group promoters Ravi Kant Ruia and Anshuman Ruia, Loop Telecom promoters I P Khaitan and Kiran Khaitan and four others in a separate case arising out of the 2G scam probe.

On March 19, 2018, the ED approached the high court challenging the special court's order acquitting all the accused.

A day later, the CBI too challenged in the high court the acquittal of the accused in the case.

The CBI had filed two cases and the ED one in connection with the alleged scam after a CAG report claimed licences for second generation mobile networks were given at throwaway prices instead of carrying free and fair auctions. The airwaves were alleged to have been allocated after taking bribes.