2G case: As day-to-day hearing begins, accused questions ASG’s appearance for CBI

New Delhi, Oct 5 : After Delhi High Court began the day-to-day proceedings in the 2G spectrum case on Monday, one of the accused, Asif Balwa, who was acquitted by the trial court, questioned the appearance of Addditional Solicitor General (ASG) Sanjay Jain on behalf of the Central Bureau of Investigation (CBI).
Balwa filed an application seeking a copy of the direction by the Central government given under Section 378 (2) of the CrPC. Balwa in his plea moved through advocate Vijay Aggarwal sought a copy of the government’s sanction letter, which granted approval to the CBI to file an appeal against the acquittal of all the accused in the 2G spectrum case.
The arguments on the same were addressed by Aggarwal before a single judge bench of the high court comprising Justice Brijesh Sethi, who last week ordered day-to-day proceeding in the matter.
Aggarwal pointed out that the appeal has been filed under the signature of advocate Sanjeev Bhandari under the stamp of special public prosecutor. However, in the 2G case, the special public prosecutor is appointed by way of a specific notification.
Aggarwal apprised the bench that earlier a notification was issued for the trial, which was superseded and a fresh notification was issued in February 2018 by which Solicitor General Tushar Mehta was to act as the special public prosecutor in this case.
It was further argued that keeping in view the same notification, the appeal filed by the CBI was without any authority and that the CBI ought to clarify the same before the court. Aggarwal also argued that the entire appeal will fail in the absence of the said mandatory approval under Section 378 (2) of CrPC.