2G case: SC modifies 2011 orders, allows accused to move Delhi HC

New Delhi: The much-debated 2011 order that Supreme Court alone would hear pleas against the orders of the special CBI court in the 2G spectrum scam case was modified Tuesday, with the apex court permitting the accused and CBI to move the Delhi High Court against the final verdict, which is in the offing in the case.

The modification of apex court orders of February 10 and April 11, 2011, was directed by the bench headed by Chief Justice H L Dattu while dismissing the pleas of DMK MP Kanimozhi and Swan Telecom promoter Shahid Usman Balwa challenging the special CBI court's order framing charges against them in the sensational multi-crore rupees case.

The bench, also comprising Justices A K Sikri and R F Nariman, told senior advocates Salman Khursheed and Amrendra Sharan, appearing for Balwa and Kanimozhi respectively, that it would not decide their pleas "at this stage" as the trial court has concluded almost two-thirds of the trial in the 2Gcase.

"The court-appointed special public prosecutor says that the recording of evidence is over. Now final arguments have commenced. It would not be proper to deal with these," the bench said during the hearing.

"We decline to entertain this (Balwa's) petition. We will give you bigger relief. We will give the opportunity to go to the High Court against the final order of the trial court," it said as it made clear time and again that pleas can be filed in the High Court against the final verdict alone.

"We make it clear that the High Court shall not entertain any petition that may be filed against any interim order that may be passed by the special CBI judge," it said.

The special court, on October 22, 2011, had framed charges against former Telecom Minister A Raja, Kanimozhi and 15 others including top corporate honchos in the case under penal provisions relating to offences of criminal conspiracy, breach of trust, cheating and forgery.

Prior to this, the apex court, through its orders, had ordered setting up of a special court to hold hearing on a day-to-day basis and had made it clear that no other court except it would hear pleas against the order of the trial court.

All the accused were also charged under Section 409 of

IPC for alleged criminal breach of trust which attracts a maximum punishment of life term. The other charges attract various terms in jail.

Besides Raja and Kanimozhi, the trial court had framed charges against corporate executives of Reliance Anil Dhirubhai Ambani group's Managing Director Gautam Doshi, Surendra Pipara, Group's President and Hari Nair, senior Vice President, Swan Telecom promoter Shahid Usman Balwa, his cousin Asif Balwa, their colleague Rajeev Agarwal, Unitech Ltd's MD Sanjay Chandra and DB Realty MD Vinod Goenka.

The trial judge had also said there was prima facie evidence for framing charges also against Kalaignar TV's MD Sharad Kumar, Bollywood filmmaker Karim Morani and three telecom firms -- Reliance Telecom Ltd, Swan Telecom and Unitech (Tamil Nadu) Wireless Ltd.

Raja's former Private Secretary R K Chandolia and former Telecom Secretary Siddhartha Behura were also put on trial.

While framing charges against Kanimozhi, the court had said she had been "in regular touch" with Raja to serve the cause of party-run Kalaignar TV, of which she was a Director and 20 percent stakeholder.

The amount of Rs 200 crore paid by Dynamix Realty to Kalaignar TV was not a genuine business transaction but in the nature of illegal gratification paid in lieu of the Unified Access Service licences, the trial court had said.

All the accused, however, had opposed the framing of charges and the plea of CBI that they caused a loss to the state in the grant of spectrum licenses.