The Supreme Court today said "better heeled litigants" can take advantage of the criminal procedure which sometimes create openings to adopt dilatory tactics in high-profile cases.
The apex court's remarks were reflected in the judgement in which it justified its orders for holding day-to-day trial and barring the high court from entertaining any appeal arising out of the 2G case involving high-profile accused.
"Criminal justice system's procedure guarantees and elaborateness sometimes give, create openings for abusive, dilatory tactics and confer unfair advantage on better heeled litigants to cause delay to their advantages. Longer the trial, witnesses will be unavailable, memories will fade and evidence will be stable," a bench comprising justices G S Singhvi and K S Radhakrishnan said.
"Taking into consideration all those aspects, this court felt that it will be in larger public interest that the trial of 2G scam be not hampered.
"Further, when larger public interest is involved, it is the bounden duty of all including the accused persons, who are presumed to be innocent until proven guilty, to cooperate with the trial. Early disposal of the trial is also to their advantage, so that their innocence could be proved rather than remain enmeshed in criminal trial for years and unable to get on with their lives and business," the bench said.
The case involves highly-placed officers of Telecom Department, the then telecom minister, bureaucrats and businessmen as accused.
