January 13, 2021 onwards, Central Bureau of Investigation (CBI) will once again start its submissions before the Delhi High Court in appeals against the acquittal of all accused in 2G spectrum case. (CBI vs A Raja & Ors)
CBI appeals, as well the appeal by Enforcement Directorate, were listed today before a Single Judge Bench of Justice Yogesh Khanna after Justice Brijesh Sethi released them from his board last month.
The appeals are at the stage of leave to appeal.
CBI had made substantial arguments in its appeal before Justice Sethi on a day-to-day basis. However, with the retirement of Justice Sethi, the appeals have come before a new Judge.
Appearing for the investigating agencies, Senior Advocate Sonia Mathur today urged Justice Khanna to take up the matter on a regular basis post-lunch.
Senior Advocate Mathur added that CBI would take three days to conclude its submissions on the point of leave to appeal.
While the Court agreed to hear the appeals on a day-to-day basis, it stated that no date could be given before January 13, 2021.
Consequently, the appeals were listed for hearing from January 13 to January 15, 2021.
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.
Last year, Justice Sethi 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.
Thereafter, an early hearing application was moved by the investigating agencies to list the matter for urgent, virtual hearing in view of Justice Sethi's impending retirement.
Although the parties were unable to conclude submission on the issue of leave to appeal, Justice Sethi did rule on certain important aspects in the appeal.
Before releasing the appeals from his court, Justice Sethi dismissed pleas challenging the legality of the CBI appeal in the matter. He also held that the 2018 amendment to the Prevention of Corruption Act qua Section 13(1)(d) would not come to the rescue of the accused in the present appeal.