Former telecom secretary Siddharth Behura, accused of sending Rs 200 crores through various channels to DMK MP K Kmozhi in the 2G spectrum case, has challenged in the Delhi High Court sanctions granted by the Central government for the Central Bureau of Investigation to file an appeal against his acquittal.
The civil writ petition was listed before a single-judge bench of Justice Navin Chawla, who after hearing both the sides of the matter placed the petition before a bench of Justice Brijesh Sethi on October 19, 2020, subject to the order of the Chief Justice of Delhi High Court.
Justice Brijesh Sethi is hearing the appeals against the acquittal of the accused.
Kusegaon executive Rajiv Agarwal, another in the 2G spectrum allocation case who was acquitted by the trial court, today also told the court that the CBI had filed an appeal against his acquittal without placing on record the mandatory approval by the Central government.
The plea, filed through advocates Vijay Aggarwal and Ashul Agarwal, said the procedure prescribed by the Delhi High Court rules and the CBI manual have not been followed by the CBI and because of these glitches, the CBI has not supplied the complete documents in the court.
Agarwal argued that the appeal has been filed in terms of Section 378 (2) of the Code of Criminal Procedure (CrPC) for which approval of Central government is required, which is an administrative decision and in the present case the said decision has been given without any application of mind.
He submitted that when the said issue was raised before the appellate court, it was argued by CBI that the same can only be looked into by a writ court, however, when the issue is being raised before a writ court, CBI is opposing the same on the ground of issue being pending before the appellate court.
Aggarwal further submitted that the CBI cannot blow 'hot and cold' at the same time and a litigant cannot be left remediless. Additional Solicitor General Sanjay Jain along with advocate Ripudaman Bharadwaj appeared for Central Government and the CBI.
The plea said that the grant of sanction to file an appeal under Section 378 (2) of the CrPC is akin to the grant of sanction to prosecute and hence same has to be done with the utmost application of mind.
It said the appeal under Section 378 (2) of the CrPC is to be filed by a special public prosecutor appointed for 2G spectrum cases, which has not been done in the present case.
( With inputs from ANI )
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