New Delhi: The Central Bureau of Investigation on Tuesday submitted before the Delhi High Court in it’s continuing hearing of appeals against the acquittal of all accused in the 2G Spectrum case that as per the opinion of the Central Government, 2G was a fit case for appeal.
Counsel for one of the acquitted accused Asif Balwa requested the High Court to provide a copy of sanction letter of the Central Government that granted approval to Central Bureau of Investigation to file the appeal against all the acquitted accused.
The Counsel further submitted that the existence of the sanction or approval from the Central Government was a mandatory prerequisite under Section 378(2) CrPC, as well as Chapter 23 of the CBI Manual.
The Counsel further pointed out that as per notification issued by the Central Government in February 2018, Solicitor General Tushar Mehta was appointed as the Special Public Prosecutor for all cases of 2G Spectrum, but the appeal was not filed through him or in his name.
Additional Solicitor General Sanjay Jain showed a document before the Court, showing S Bhandari as Special Public Prosecutor by the Centre, who had filed the appeal on behalf of CBI in the case.
The ASG further showed documents before the Delhi High Court on his appointment as the Special Public Prosecutor in the 2G spectrum case. He further submitted that as per the documents of the Centre, 2G was a fit case for appeal.
The ASG submitted that as per Section 378(2) of CrPC, if an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946 ) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the High Court from the order of acquittal.
The ASG submitted that it is the prerogative of the Central Government to appoint as many Special Prosecutors for a specific case.
The Counsel for the acquitted accused asked whether these documents have been placed on record.
‘We can place it on record and will have to mail to the court master and the Defence Counsel,’ the ASG submitted.
Delhi High Court Justice Brijesh Sethi adjourned further hearing in appeals for Wednesday.