The Enforcement Directorate (ED) on Monday urged the Delhi High Court for an early hearing of appeals filed by it and the CBI against the 2G case verdict acquitting A. Raja and others.
Additional Solicitor General Sanjay Jain, representing the ED, said the CBI has concluded its argument on January 15 this year but thereafter, the case could not be heard due to the COVID-19 pandemic outbreak.
“My main matter, which is the leave to appeal (a formal permission granted by a court to a party to appeal a decision to a higher court) is pending. CBI concluded its argument in January. Due to Corona outbreak, we have crossed August 15,” Mr. Jain said.
“So far as the judgment in the ED matter is concerned, it is totally consequential to the CBI matter. The Special CBI judge had said that in view of the decision in the CBI matter, these person are acquitted in the ED matter also,” he added.
“One of the biggest trial this country has witnessed was carried out at the behest of the Supreme Court and at the cost of the public exchequer. This trial has to be brought to its logical conclusion,” the ASG said.
Mr. Jain argued that Justice Brijesh Sethi, who is hearing the CBI and ED’s appeals, will demit the office on November 30. He asked that the appeal be heard and decided expeditiously as if the part-heard matter, will be heard afresh by another bench, it will cost too much to the public exchequer.
Justice Sethi said if the agencies wish for an early hearing in the appeals, which are listed for October 12, they can file an application for preponement of the hearing.
In December 2017, a Special CBI Court here had acquitted Mr. Raja, Ms. Kanimozhi and others in the CBI and ED cases relating to the 2G case, noting that the prosecution had “miserably failed” to prove the charges.
The Special CBI Court also acquitted 17 others, including late DMK supremo M. Karunanidhi’s wife Dayalu Ammal, Vinod Goenka, Asif Balwa, film producer Karim Morani, P. Amirtham and Sharad Kumar, director of Kalaignar TV in the ED case.
On March 19, 2018, ED approached the High Court challenging the special court’s order acquitting all the accused. A day later, the CBI too had challenged in the HC the acquittal of the accused in the case.