The Supreme Court on Tuesday junked a batch of petitions by corporate honchos seeking the recall of its April 11, 2011, order that barred Delhi High Court from entertaining any plea against the orders of Special CBI court hearing 2G cases.
While rejecting the pleas by five corporate honchos -- Shahid Balwa, Vinod Goenka, Rajiv Agarwal, Asif Balwa and Ravinder Kumar Chandolia, a former aide of ex-telecom minister A. Raja -- the apex court bench of Justice GS Singhvi and Justice KS Radhakrishnan said there was no need to interfere with its April 11, 2011 order prohibiting the high court from entertaining any plea against the 2G court's order.
Pronouncing the judgment, Justice Radhakrishnan said it would be in larger public interest and in the interest of the accused as well that the trial should proceed unhampered on day-to-day basis. The court also rejected the plea for framing guidelines on the monitoring of investigations by the apex court. The court said it was only monitoring the investigation being undertaken by the CBI and the enforcement directorate and not monitoring the trial in 2G cases.
The apex court by its April 11, 2011, order had said: "We also make it clear that any objection about appointment of Special Public Prosecutor or the Assistant Advocate or any prayer for staying or impeding progress of the trial can only be made before this court and no other court shall entertain the same. The trial must proceed on a day-to-day basis."
The petitioners have sought the recall of the latter part of the order which had said: "...any prayer for staying or impeding progress of the trial can only be made before this court and no other court shall entertain the same. The trial must proceed on a day-to-day basis." Reliance Telecom had said that its right to move the high court under Article 226 could not be taken away by the apex court as such a step was not in conformity with the basic structure of the constitution.
The petitioners had also sought vacation of a Dec 9, 2012, order by which the apex court had stayed all the proceedings before Delhi High Court arising from the order of the 2G special court. The apex court had reserved its order Aug 21, 2013.
The challenge to the April 11, 2011, order was in the process for quite some time but it was only after Reliance Telecommunication moved the court challenging the July 19, 2013, order of the Special CBI court trying 2G cases allowing CBI's application summoning 17 more witnesses that the court heard the pleas challenging its order.