360° Coverage : Go to special bench hearing 2G matter, SC tells Balwa and others

1 Updates

Go to special bench hearing 2G matter, SC tells Balwa and others

Dec 13 2012, 8:56am CST | by

New Delhi, Dec 13 (IANS) The Supreme Court Thursday said that its special bench dealing with the 2G specturm case would hear the plea of four 2G scam accused for quashing two apex court orders and for framing guidelines to determine the scope of monitoring of investigations by constitutional courts.

New Delhi, Dec 13 — The Supreme Court Thursday said that its special bench dealing with the 2G specturm case would hear the plea of four 2G scam accused for quashing two apex court orders and for...

Filed under: news

YouTube Videos

 
 
 

1 year ago

Go to special bench hearing 2G matter, SC tells Balwa and others

Dec 13 2012, 8:56am CST | by

New Delhi, Dec 13 (IANS) The Supreme Court Thursday said that its special bench dealing with the 2G specturm case would hear the plea of four 2G scam accused for quashing two apex court orders and for framing guidelines to determine the scope of monitoring of investigations by constitutional courts.

New Delhi, Dec 13 — The Supreme Court Thursday said that its special bench dealing with the 2G specturm case would hear the plea of four 2G scam accused for quashing two apex court orders and for framing guidelines to determine the scope of monitoring of investigations by constitutional courts.

A bench of Chief Justice Altamas Kabir, Justice S.S. Nijjar and Justice J. Chelameswar directed the matter be listed before the special bench as senior counsel K.K.Venugopal, appearing for the Central Bureau of Investigation, resisted the plea.

Besides seeking that monitoring guidelines be framed, Shahid Balwa, Vinod Goenka, Rajiv Aggarwal and Asif Balwa have sought the quashing of April 11, 2011, and Nov 9, 2012, orders of the special bench comprising Justice G.S.Singhvi and Justice K.S.Radhakrishnan.

The April 11 order made it clear that "any prayer for staying or impeding progress of the trial (in 2G scam) can be made only before this Court and no other Court shall entertain the same. Trial must proceed on a day to day basis".

By the Nov 9 order, the special bench had suspended all further proceedings before the Delhi High court in the cases arising out of 2G trial before the court of Special CBI Judge Om Prakash Saini.

Venugopal challenged the maintainability of the petition by Shahid Balwa and others, and contended that it could only be heard by the special bench that had passed the orders now challenged.

Citing a 2002 judgment of the apex court, he said the bench headed by Chief Justice Kabir does not have the jurisdiction to quash the order passed by the other bench.

"If this happens, then each bench will get to review the orders passed by another bench, resulting in chaos," he told the court.

No sooner had senior counsel Ram Jethmalani, appearing from Balwa, started his arguments, the court asked him how the plea seeking the quashing of the two orders could invoke the powers of the apex court under Article 32 of the Constitution.

The powers under Article 32 could only be invoked for safeguarding the fundamental rights guaranteed under the constitution, it said.

"Can you under Article 32 ask this bench to review the orders of another bench?" Chief Justice Kabir asked Jethmalani.

Article 32 spells the remedies for enforcement of fundamental rights conferred by Part III of the constitution and provides for the "right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed".

Jethmalani responded by saying that "if an order is passed without hearing the affected parties, then that order is liable to be quashed. That is the principle of law that this (apex court) has laid in several cases".

Referring to the apex court constitution bench's judgment in the case of former Maharashtra chief minister A.R. Antulay, Jethmalani said there could be no discrimination in the application of code of criminal procedure for different sets of people.

Assailing the orders, Jethmalani said that "in two lines, the (apex) court has repealed the Code of Criminal Procedure and Article 226 (which spells out the powers of the High Courts to issue certain writs)".

"My right under the Cr.P.C. and Article 226 has been treated differently from others," Jethmalani argued.

IANS

 

Don't miss ...

 

<a href="/latest_stories/all/all/8" rel="author">Luigi Lugmayr</a>
Luigi is the founding Chief Editor of I4U News and brings over 15 years experience in the technology field to the ever evolving and exciting world of gadgets. He started I4U News back in 2000 and evolved it into vibrant technology magazine.
Luigi can be contacted directly at ml@i4u.com. Luigi posts regularly on LuigiMe.com about his experience running I4U.

 

blog comments powered by Disqus

Latest stories

Insomnia triples risk of motor accident deaths
London, Nov 1 (IANS) Developing a healthy sleeping habit could be a life saviour as researchers have found that insomnia significantly increases risk of death caused by motor vehicle crashes and other unintentional fatal injuries.
 
 
Resveratrol could impede benefits of exercise
Toronto, Nov 1 (IANS) Contrary to popular belief, adding resveratrol (RSV) to your exercise routine may not enhance the effects of physical activity, said a study.
 
 
Tectonic event led to burst of animal life during Cambrian Age
New York, Nov 1 (IANS) A major tectonic event may have triggered the rise in sea level and other environmental changes that led to the Cambrian explosion, the sudden burst of animal life 530 million years ago, showed a research.
 
 
NASA's Mars spacecraft ready for test flight
Washington, Nov 1 (IANS) The US space agency National Aeronautics and Space Administration (NASA) has fully assembled the Orion spacecraft for a test flight Dec 4.
 
 
 

Latest from the Network

Insomnia triples risk of motor accident deaths
London, Nov 1 (IANS) Developing a healthy sleeping habit could be a life saviour as researchers have found that insomnia significantly increases risk of death caused by motor vehicle crashes and other unintentional...
Read more on Business Balla
 
Emma Watson, Judi Dench win Britannia awards
Los Angeles, Nov 1 (IANS) British actresses Emma Watson and Dame Judi Dench were two of the six honourees at the annual Britannia Awards. The annual ceremony was hosted by BAFTA (British Academy of Film and Television...
Read more on Celebrity Balla
 
All's still not good between Avril, Chad
Los Angeles, Nov 1 (IANS) Trouble continues to plague singers Avril Lavigne and Chad Kroeger's paradise even as the news of their split continues to do the rounds. After a little over a year of marriage, the duo is...
Read more on Celebrity Balla
 
Kutcher, Kunis researched parenthood
Los Angeles, Nov 1 (IANS) Ashton Kutcher and Mila Kunis equipped themselves well before becoming parents to daughter Wyatt Isabelle Kutcher. He says Google is like their "manual". They find the parenting experience "...
Read more on Celebrity Balla
 
Resveratrol could impede benefits of exercise
Toronto, Nov 1 (IANS) Contrary to popular belief, adding resveratrol (RSV) to your exercise routine may not enhance the effects of physical activity, said a study. Resveratrol occurs naturally in the skin of red...
Read more on Celebrity Balla
 
13 killed in Libya clashes
Tripoli, Nov 1 (IANS/EFE) At least 13 people were killed in violent clashes between Islamist militias and Libyan security forces in the struggle to control Benghazi city. Rtd Libyan general Khalifa Haftar Friday...
Read more on Politics Balla
 
Amanda Bynes released from psychiatric facility
Los Angeles, Nov 1 (IANS) Troubled actress Amanda Bynes has been released from a psychiatric facility here. Three days after a judge ruled that she needed to spend at least another month in the facility, Bynes asked...
Read more on Celebrity Balla
 
20 militants killed in Pakistan clash
Islamabad, Nov 1 (IANS) At least 20 militants and four security personnel were killed Saturday in a clash in Pakistan's federally administered Orakzai Agency, an official said. Three security personnel were also...
Read more on Politics Balla
 
Ben Affleck broke Jennifer Lopez's heart
Los Angeles, Nov 1 (IANS) Singer-actress Jennifer Lopez says Ben Affleck was the first man to break her heart and admits that she didn't give herself enough time to "heal". The 45-year-old, who got divorced twice...
Read more on Celebrity Balla
 
IS poses grave threat to Pakistan, says MQM chief
Islamabad, Nov 1 (IANS) Pakistan's Muttahida Qaumi Movement (MQM) chief, Altaf Hussain, has said that the Islamic State (IS) is the new threat to Pakistan, media reported. Addressing a press conference in Karachi via...
Read more on Politics Balla