2G spectrum case: Delhi HC allows early hearing plea by CBI, ED; case to be heard daily from October 5

The Delhi High Court today allowed the early hearing applications moved by the Central Bureau of Investigation and Enforcement Directorate in appeals against acquittal of all accused, legal news website BarandBench.com has reported.

The leave to appeal will be heard on a day-to-day basis from October 5, said the court. The order was pronounced by a Single Judge Bench of Justice Brijesh Sethi.

CBI and ED had sought an urgent virtual hearing in the matter to facilitate a decision in their leave to appeal before the retirement of Justice Sethi in the end of November 2020.

Appearing for the agencies, ASG Sanjay Jain had contended that the scheduled date of October 12 should be advanced in the public interest and to save judicial time.

All acquitted accused persons, including A Raja and K Kanimozhi, had opposed the early hearing plea on the ground that since the High Court has taking up only those pending criminal matters in which the accused was still in custody, there was no urgency in the present case.

Retirement of a judge was not a legal ground to advance an already fixed date, counsel claimed.

Given the voluminous trial record, the counsel had also apprehended that virtual hearings would not be feasible.

The court has ultimately opined that the interest of justice demanded that so far as possible, part-heard matters should not be left inconclusive in view of the unnecessary loss to the public exchequer and wastage of judicial time.

“Great pains have been taken by the learned counsels for the respondents to explain to this court that there are other matters which require the attention of this court. In some of the cases, convicts are languishing in jail and their appeals should be heard and decided first. It is appreciable that learned counsels are not only concerned with their own cases but are also concerned about disposal of other pending cases in which accused are in jail. This court is conscious of its duty to hear those cases as well. The criminal appeals of those convicts who are languishing in jail, are being heard and decided by this Court while sitting in Division Bench at present,” Justice Sethi said.

The court observed that in this age of advanced technology, the voluminous nature of trial record cannot be an excuse for the court or for the counsel for not proceeding with the arguments.

"..the technology has advanced, it is difficult to accept the submissions that matter being voluminous in nature cannot be argued or heard by video conference," the court said.

The court thus concluded that with the assistance and cooperation of all counsel, all endeavours should be made to hear the matter as early as possible.

“..no doubt there may be delay in filing the applications for early hearing; no doubt the documents are voluminous in nature; no doubt the evidence runs into thousands of pages; no doubt one of the judgment also runs into 1552 pages, but that does not mean that this should deter this court in hearing the criminal leave petitions. The judicial discipline demands that the Judge should do his duty and must not succumb to pessimism and it is not expected from him to sit leisurely with his pen down and to say that he will not hear the cases because the record is voluminous and the time at his disposal is limited,” Justice Sethi said.

After the acquittal of all accused by the CBI Court in December 2017, the CBI and the ED had filed an appeal in the High Court in March 2018.

Since then, the case has lingered and is yet to cross the hurdle of grant of leave to appeal by the High Court.

Last year, the court had begun listing the appeals on an almost day-to-day basis. The same was however discontinued due to the disruptions caused by COVID-19.