[2G] Justice lies in conclusion of part-heard case before judge retires: CBI, ED argue as Delhi HC reserves order in early hearing plea

The Delhi High Court today reserved order in early hearing applications moved by Central Bureau of Investigation and Enforcement Directorate in appeals against acquittal of all accused. (ED vs A Raja).Order was reserved by a Single Judge Bench of Justice Brijesh Sethi after hearing the parties for two days..CBI and ED have sought urgent virtual hearing in the matter to facilitate a decision in their leave to appeal before the retirement of Justice Sethi in the end of November 2020..Yesterday, ASG Sanjay Jain had contended that the scheduled date of October 12 should be advanced in the public interest and to save judicial time. .All acquitted accused persons, including A Raja and K Kanimozhi, have, however, opposed the early hearing plea on the ground that there was was no urgency in the present case. .Retirement of a judge was not a legal ground to advance an already fixed date, counsel claimed. .[2G Appeal] No urgency to allow early hearing plea by CBI, ED against acquittal: A Raja and Ors argue before Delhi HC.It was pointed out that on account of COVID-19, only those pending criminal matters were being taken up by the High Court in which the accused was still in custody..Given the voluminous trial record, the counsel had also apprehended that virtual hearings would not be feasible. .An argument was also raised that apart from the present case, several other cases were also borne out of 2G spectrum allocation, however, no such urgency was being shown in those by the agencies..In response to these submissions, ASG Jain today said, . "If geninue efforts are made and assistance is rendered by counsel, it is possible to hear this incomplete matter and take it to its logical conclusion.".ASG Jain added that while the acquitted accused were claiming that "justice hurried is justice buried", justice lied in the conclusion of a part-heard matter by a judge who was demitting his office soon. ."Urgency must be linked with public interest. Urgency lies in completion of a part-heard hearing.".ASG Jain further contended that no administrative circular could prevent a High Court Judge from completing the hearing in a pending matter before him. .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..Since then, the case has lingered and is yet to cross the hurdle of grant of leave to appeal by the High Court..Last year, the Court 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. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.