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

One infant dies in Pakistan hospital
Islamabad, Nov 23 (IANS) One more infant died due to lack of oxygen in an incubator and negligence of the hospital administration in Pakistan, bringing the number of such deaths to 19 in the past five days.
 
 
American whiskey faces challenge in whisky-gulping India
Washington, Nov 23 (IANS) For the most part Indians love things American, but when it comes to their tipple, the world's largest whisky drinkers usually go for Scotch or their very own home-made brands.
 
 
Tiny shrimps hold clue to alien life
Washington, Nov 23 (IANS) A tiny shrimp residing at one of the world's deepest undersea hydrothermal vents holds clues about what life could be like on other planets, NASA scientists report.
 
 
What causes discomfort among users of contact lenses
Melbourne, Nov 23 (IANS) If you are not comfortable wearing contact lenses, it could be due to degradation of the lipid layer in the eyes' natural tear film, says a study.
 
 
 

Latest from the Network

Bayern Munich increase Bundesliga advantage
Berlin, Nov 23 (IANS) Bayern Munich extended their lead atop the Bundesliga standings with a 4-0 win over Hoffenheim as Schalke upset runner-up Wolfsburg 3-2 and Frankfurt shocked Monchengladbach with a comeback win....
Read more on Sport Balla
 
A8 Chip of iPhone 6 and iPhone 6 Plus Can Handle 4K Videos
The outstanding features of the A8 chip are continuing to be revealed, as the processor is found to have the capability of playing 4K videos on the new iPhone 6 and iPhone 6 Plus.According to Mac Rumors, the fact has...
Read more on Apple Balla
 
One infant dies in Pakistan hospital
Islamabad, Nov 23 (IANS) One more infant died due to lack of oxygen in an incubator and negligence of the hospital administration in Pakistan, bringing the number of such deaths to 19 in the past five days. The death...
Read more on Business Balla
 
American whiskey faces challenge in whisky-gulping India
Washington, Nov 23 (IANS) For the most part Indians love things American, but when it comes to their tipple, the world's largest whisky drinkers usually go for Scotch or their very own home-made brands. Indians...
Read more on Business Balla
 
Tiny shrimps hold clue to alien life
Washington, Nov 23 (IANS) A tiny shrimp residing at one of the world's deepest undersea hydrothermal vents holds clues about what life could be like on other planets, NASA scientists report. These tiny shrimps in the...
Read more on Business Balla
 
Katy Perry hits back at Australian media
Los Angeles, Nov 23 (IANS) Singer Katy Perry has called the paparazzi in Australia "perverted" and "disgusting" for following her along the beach and for asking her to pose during her visit to the country for her...
Read more on Celebrity Balla
 
Tiger Woods gets new swing coach
Miami, Nov 23 (IANS) Former World No.1 golfer Tiger Woods said that he has named Chris Como as new swing coach. Como is the fourth swing coach for Woods since the American turned professional in 1996, reports Xinhua...
Read more on Sport Balla
 
All's not well between Kourtney Kardashian, Scott Disick
Los Angeles, Nov 23 (IANS) Pregnant reality TV star Kourtney Kardashian has hinted at a relationship strife with partner Scott Disick by posting a cryptic message-based image on a social media platform. The 35-year-...
Read more on Celebrity Balla
 
$1 Samsung Galaxy S5 Best Buy Black Friday Deal is on Sale Now
Best Buy has released a new set of deals on Sunday 11/23 including a deal advertised in the Best Buy Black Friday 2014 Ad. The $1 Samsung Galaxy S5 Black Friday deal is now on sale at bestbuy.com.The regular price of...
Read more on Apple Balla
 
What causes discomfort among users of contact lenses
Melbourne, Nov 23 (IANS) If you are not comfortable wearing contact lenses, it could be due to degradation of the lipid layer in the eyes' natural tear film, says a study. Patients with discomfort showed degradation...
Read more on Business Balla