2G Spectrum: Appeal Against Acquittals Has Been Filed By Special PP Duly Authorised By The Central Govt, CBI Informs Delhi HC

While addressing the Single Bench of Justice Brijesh Sethi, Additional Solicitor General Sanjay Jain submitted that Special PP Sanjay Bhandari, who has filed the present appeal, has been authorised by the central government to represent CBI before the appellate courts in all cases pertaining to 2G Spectrum matter.

The said submissions were made in response to the contention raised by the accused saying that the present appeal is not maintainable as it is filed without following the proper procedure laid down in the CBI Manual.

Appearing for CBI, ASG Sanjay Jain produced multiple documents before the court to show that Special PP Sanjay Bhandari, who has filed the present appeal on behalf of CBI, was duly authorised by the central to represent CBI in appellate courts with the concurrence of Department of Prosecutions.

'Under section 378 of CrPC, the central government is empowered to appoint Special PPs to represent CBI in cases investigated by the agency', Mr Jain argued.

Mr Jain further submitted that Solicitor General Tushar Mehta, who was an ASG back when he was appointed as a Special PP in 2G Spectrum cases, could not file the present appeal as he is prohibited by the Bar Council of India Rules to do so.

'Section 16 of the Advocates Act read along with BCI Rules prohibits Senior Advocates from filing vakalatnama or any other application before the court', ASG argued.

Appearing for one of the accused, Mr Vijay Aggarwal had earlier argued that the CBI did not follow clause 23.20 of the CBI Manual which requires a reference to be made to the Attorney General for deciding whether a case is fit for appeal or not if there has been an acquittal in an 'important case.'

An 'important case' is categorised on the basis of the amount involved, status of the accused, the sensitive nature of the investigation involving elected representatives, etc.

Mr Aggarwal had further argued the agency has shown nothing to prove that other rules which require prior approval of the Department of Prosecutions and the concerned Union Ministry before filing of appeal against an acquittal has been complied with.