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Want To Be Relieved From SPP's Role In 2G Scam Cases: Senior Advocate Anand Grover Moves SC [Read Application]

Apoorva Mandhani
22 Feb 2018 4:59 PM GMT
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Senior Advocate Anand Grover, who was appointed by the Supreme Court as the Special Public Prosecutor (SPP) for the 2G spectrum scam cases in 2014, has approached the Apex Court demanding that he be relieved of his responsibilities.

It must be noted here that the Centre had, through a notification dated 8 February, 2018, appointed Additional Solicitor General Tushar Mehta as the SPP for conducting “prosecution, appeals/revision or other proceedings arising out of the cases related to 2G spectrum investigated by the Delhi Special Police Establishment (CPI) in the court of special judge (2G spectrum cases), CBI, New Delhi and appellate/ revisional courts”.

Thereafter, on 16 February 2018, two more notifications were issued, purportedly to clarify Mr Mehta's role. The first notification stated that Mr Mehta was being appointed as the SPP for “conducting appeals, revisions or other proceedings before the High Court (s) and the Supreme Court arising out of all or any judgment in the cases relating to 2G spectrum…”.

The second notification retrospectively amends Mr Grover's initial appointment in 2014 by excluding “appeals/revisions” from the role that he was supposed to play.

In his Application, Mr Grover now alleges that he was not informed about the Centre's notifications. He further points out that a letter written to him by the Central Bureau of Investigation (CBI), wherein the latter had demanded the final draft appeal and final opinions from him, was deliberately leaked to the media "for motivated purposes".

He explains that the manner in which the appeal was being drafted had already been agreed upon with the CBI and that it was CBI that had faulted in not providing him with officers to give their inputs on the portions of the draft appeal, as had been discussed with them.

Mr. Grover then submits, "The Applicant believes that he has discharged his duties reposed on him by this Hon'ble to the best of his abilities.

However in view of what is stated hereinabove and as the Notifications dated 20.11.2014 and 27.11.20l4 are pursuant to the Order of this Hon'ble Court dated 4.09.2014 to be in charge of the prosecution proceedings in the 2G cases, the Applicant is duty bound to apply and take leave of this Hon'ble Court to relieve the Applicant of the duties of the Special Public Prosecutor in the 2G cases."

While Mr. Grover has sought the Court's permission to be relieved of his responsibilities, the Centre for Public Interest Litigation has filed a contempt petition before the Apex Court against Mr. Mehta's appointment as the SPP.

The Petition alleges that the appointment “willfully disobeys” specific directions of the Supreme Court appointing Mr. Grover as the SPP, contending, "...the Respondent has no authority to supersede the decision of this Hon’ble Court and the said act is nothing but a gross contempt of orders passed by this Hon’ble Court. That this conspicuous act very evidently depicts the mala fide intentions of the Respondent." You may read the Petition here.

Read the Application Here

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