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'CBI Appeal Duly Filed': Delhi High Court Rejects Objection Of Acquitted Accused In 2G Scam Case

Shreya Agarwal
23 Nov 2020 10:12 AM GMT
CBI Appeal Duly Filed: Delhi High Court Rejects Objection Of Acquitted Accused In 2G Scam Case
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A Single Judge Bench of Justice Brijesh Sethi of Delhi High Court today rejected the acquitted accused persons' plea in the 2G scam case alleging that the CBI's appeal in the matter was not duly filed as the requisite sanction was not obtained by the investigating body. The Court also held that the 2018 amendment to the Prevention of Corruption Act, 1988 would not come to the rescue...

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A Single Judge Bench of Justice Brijesh Sethi of Delhi High Court today rejected the acquitted accused persons' plea in the 2G scam case alleging that the CBI's appeal in the matter was not duly filed as the requisite sanction was not obtained by the investigating body.

The Court also held that the 2018 amendment to the Prevention of Corruption Act, 1988 would not come to the rescue of the acquitted accused as the amended Act did not apply to offences that have already taken place.

He released the matter from his board in view of his impending retirement, transferring the matter to another Judge.

Accused in the 2G spectrum case had argued that the leave to appeal filed by the Central Bureau of Investigation against the acquittals of former Union Minister A Raja and others was not maintainable as the agency did not follow the procedure prescribed for filing such an appeal.

While addressing the Single Bench of Justice Brijesh Sethi, the counsel appearing for the accused had argued that the appeal has been moved by the CBI without following the procedure requiring the sanction of the central government under the CBI Manual.

The arguments were made in the leave to appeal moved by the CBI and the ED against the acquittal of A Raja and others in the 2G spectrum case. The court had earlier allowed an early hearing in this matter, agreeing to take it up on a daily basis from October 05.

Appearing for one of the accused, Mr Vijay Aggarwal 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.'


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