SC dismisses plea of 2G case accused for recalling its orders

It held that the parties cannot be given a liberty to move a high court.

Written by Utkarsh Anand | New Delhi | Published: September 4, 2013 1:28 am

In a setback to the accused in the 2G spectrum case,the Supreme Court Tuesday refused to give up its exclusivity in deciding the appeals against the trial court orders. It held that the parties cannot be given a liberty to move a high court since the “larger public interest” will have precedence over their demands.

A bench of Justices GS Singhvi and KS Radhakrishnan dismissed a bunch of petitions against its 2011 and 2012 orders on restraining any other court in the country,including the Delhi High Court,to entertain matters relating to the 2G scam cases.

“We have found no error in the orders passed by this court on April 11,2011,or on April 9,2012. Therefore,the question of rectifying any error does not arise. On the other hand,as we have already indicated,the purpose and object of passing those orders was for a larger public interest and for speedy trial,that too on day-to-day basis which has been reflected not only in the various provisions of the Prevention of Corruption Act,but also falls within the realm of judicial accountability,” held the bench.

The court noted that Article 139A empowered the Supreme Court to transfer cases from high courts to itself and hence it cannot be argued that the accused could not be deprived of their rights to approach a high court under Articles 226,227 (extraordinary jurisdiction) or move for quashing of the criminal proceedings under Section 482 of CrPC.

It said that the parties could not be permitted to go to a high court when the investigation was being monitored by the SC.

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