2G case: CBI counters plea for recall of SC’s restraining order

Written by Utkarsh Anand | New Delhi | Published:August 7, 2013 2:13 am

Describing as “misconceived” and “mischievous”,the CBI on Tuesday countered a plea by Reliance Telecom Ltd (RTL) and other 2G spectrum case accused before the Supreme Court for a recall of a court order to restrain any other court in the country,including the Delhi High Court,to entertain matters relating to the cases.

In an affidavit filed in response to the applications seeking a recall of the September 2011 order,the CBI claimed that the parties wrongly interpreted the order and that “the High Court has not been deprived of any powers of appeal or revision,but it has only been directed not to stay or impede the trial”.

The probe agency claimed that the accused sought to build a mountain out of a molehill to make it seem as if this court has subverted the acknowledged criminal procedure although “there has been no suspension of the right to either file a writ petition under Articles 226/227 of the Constitution or a quashing (of charges) petition under Section 482 of the CrPC.”

“The prayer is wholly misconceived and must be rejected in full along with costs as an unusual procedure such as this belated application seeking recall of this court’s order is unknown to law and mischievous,” it said. The CBI also raised preliminary objections regarding the maintainability of the plea,contending that the application was filed more than 27 months after the 2011 order,with no explanation forthcoming for such a long delay.

It also defended the SC monitoring the investigations into the 2G cases,saying “as a superior court serving the ends of justice,it (SC) has sought to ensure that the trial is not delayed in any manner,without in any way going into the actual content of the trial.”

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