New Delhi: The Delhi High Court on Wednesday dismissed a plea seeking a direction to CBI to probe alleged roles of Reliance ADAG chairman Anil Ambani, Tata Group chief Ratan Tata in 2G spectrum allocation scam case, saying the Apex Court was "seized of the matter". READ MORE: 2G accused challenge trial in Tihar Jail (JPN/ Agencies)
"Without going into the merits of the case, we refused to entertain the petition on the ground that the Apex Court is seized of the matter. The petition is dismissed," a bench headed by Acting Chief Justice A K Sikri said.
The bench, also comprising Justice Rajiv Sahai Endlaw, refused to comment on the maintainability of the plea of Delhi-based scribe M. Furquan saying "it is a matter of common knowledge that the case is being heard by the special CBI judge on the direction of the Supreme Court."
The counsel for CBI opposed the scribe's plea saying the charge sheets have been filed and the trial has already commenced after framing of charges against 17 accused.
The journalist, in his plea, alleged the agency was "deliberately" suppressing "facts" against Ambani, Ratan Tata and corporate lobbyist Niira Radia in the case.
Earlier, a single judge-bench of Justice Ajit Bharihoke had termed the petition of the scribe as "rubbish" and forced him to withdraw it.
Furquan had also sought to implead as accused DMK chief M Karunanidhi's wife Dayalu Ammal alleging she held 60 per cent stakes in Kalaingnar TV, an alleged recipient of Rs 200 bribe from beneficiary telecom firm, Swan Telecom.
Earlier, the trial court had also rejected the plea and slapped a fine of Rs 10,000 on Furquan for filing the "frivolous" petition.
During earlier hearing, Justice Bharihoke had warned Furquan that if it was proved that he was "interfering" with the on-going probe in the case then he may land in trouble.
"It is a rubbish petition. If I find that you (petitioner) have tried to interfere with the investigation, then you may be in bigger trouble. Either you withdraw your petition or argue at your own peril", he had said.
The special CBI court had also said "the application is not only devoid of any substance but also contrary to the law and deserves to be dismissed with heavy cost as application after application of this nature are being filed by third parties resulting in a loss of precious time of the court."
SC bail to five corporate honchos
The Supreme Court's order granting bail to five top corporate executives allegedly involved in the 2G spectrum allocation scam has bolstered the hopes of former minister A Raja, DMK MP Kanimozhi and other accused for getting a similar relief.
Ram Jethmalani, senior advocate for Unitech Limited MD Sanjay Chandra, said, "it has something to do with the correct legal position being actually postulated in the order by the Supreme Court".
"According to me, the judgement of the courts below showed that the bil jurisprudence had actually been totally distorted out of shape," he said adding Government has lost its credibility".
DMK leader T R Baalu said there was "good hope" now for other accused.
Senior criminal lawyer Majeed Memon, who is representing Swan Telecom Director Vinod Goenka in the case, said that the Apex Court has "laid a foundation" in favour of bails in the case.
Memon said the bail to his client and others was "overdue".
"Today’s order, in my humble view, was overdue. However, we welcome the approach of the Supreme Court towards grant of bail to the accused which is in keeping with the cardinal principle of jurisprudence of presumption of innocence," Memon said.
"Personal liberty and right to bail are fundamental mandate of the Constitution of India. The accused cannot be withheld in custody by way of punishment. In this case, since there was a lot of adverse publicity, the accused were under immense embarrassment which was most unfair and undeserved," Memom said.
"Now that the Supreme Court has laid a foundation in favour of grants of bail in this case it would be followed by all the relevant courts hereinafter," he said while reacting to Wednesday's order of the Apex Court.
NCP MP Supriya Sule said, "now that these people have got bail, I am sure she (Kanimozhi) will also get justice...I have full faith in this system and the honourable SC system.
A bench comprising justices G S Singhvi and H L Dattu directed the release of five corporate honchos—Unitech Limited MD Sanjay Chandra, Swan Telecom Director Vinod Goenka and Reliance Anil Dhirubhai Ambani group executives Hari Nair, Gautam Doshi and Surendra Pipara.
The bail plea of Kanimozhi and four others is due to come up for hearing before the Delhi High Court on December one in the same case.
New Delhi: The Delhi High Court on Wednesday dismissed a plea seeking a direction to CBI to probe alleged roles of Reliance ADAG chairman Anil Ambani, Tata Group chief Ratan Tata in 2G spectrum allocation scam case, saying the Apex Court was "seized of the matter".
READ MORE: 2G accused challenge trial in Tihar Jail