The Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) have been seeking permission to appeal against the acquittal of all accused in the 2G spectrum allocation case.
After more than five years and 95 listing days, it appears that the appeals are now progressing in the Delhi High Court. Since March 2018, seven judges have presided over the case, but it has not yet passed the preliminary stage of permission to grant appeal.
The CBI and ED have filed appeals against the trial court’s decision to acquit former Telecom Minister A Raja, Dayanidhi Maran, Kanimozhi Karunanidhi, and several other prominent politicians, businessmen, and bureaucrats.
Justice Dinesh Kumar Sharma, the seventh judge to hear the case, ordered both the prosecuting agencies and all respondents in the case to submit written arguments on the issue of appeal permission. The Court has scheduled to hear arguments on May 22 and 23, after the CBI’s attorney requested expedited consideration.
According to court records, the prosecution has filed two requests for an early hearing of the case. However, despite lengthy arguments on the issue of appeal permission, the case has continued without any significant progress.
Justice Brijesh Sethi had listened to counsel daily for several days before the COVID-19 pandemic caused a national lockdown and halted proceedings. When the case resumed on October 5, 2020, the respondents’ counsel insisted that the Court first decide whether the Prevention of Corruption (Amendment) Act, 2018 applied to the case.
On November 23, 2020, Justice Sethi expressed frustration in an order, stating that the respondents had filed multiple applications and petitions that made it difficult for the Court to rule on the leave to appeal.
The tenure of Justice Sethi ended on November 30, 2020. The case has now been presented to Justice Dinesh Kumar Sharma. He has grouped the three appeals filed by the CBI and ED together.
There is a second group of issues related to the Aircel-Maxis case, but they have been separated and will be addressed in July.
