Delhi HC stays shifting of 2G trials to Tihar
The Delhi high court today stayed the shift in the trial of the 2G case to the Tihar Jail. A full bench headed by acting chief justice AK Sikri passed the order after the accused approached the court seeking a stay on an administrative order passed by it shifting the trial.delhi Updated: Nov 23, 2011 15:20 IST
A full bench headed by Acting Chief Justice AK Sikri passed the order after all the 14 individual accused approached the court seeking a stay on an administrative order passed by it on Tuesday shifting the trial.
The matter was initially heard by a division bench of Justice SK Kaul and Justice Rajiv Shakdher before whom the counsels of the 14 accused contended that the decision to shift the place of trial was not examined properly and it would cause a lot inconvenience to the defence and its lawyers.
A special Central Bureau of Investigation (CBI) court had on Tuesday communicated the decision of the high court's registrar general to shift the trial to Tihar Jail court complex. The next hearing by special Judge OP Saini was scheduled on Thursday in a courtroom in the prison premises.
"The exercise of shifting to the Tihar court complex is illegal. There is no security threat. So the court may allow us to continue the trial at Patiala House complex by allotting some other space in this court premises," defence lawyer Majid Memon said.
To this, the division bench said: "It is an administrative matter. It has been decided by the acting chief justice. We will cross-check with him at lunch time. After checking with the acting chief justice, we will be able to take up the matter."
The full bench met under Justice Sikri in the post-lunch session and decided to stay the shift of the trial.
The decision to shift the trial had come as a surprise to all the 14 individuals, including former telecom minister A. Raja and DMK MP Kanimozhi, as well as the public prosecutor.
Besides Raja and Kanimozhi, the other 2G case accused lodged in Tihar Jail include Swan Telecom's Shahid Usman Balwa, Cineyug's Karim Morani, Raja's then private secretary RK Chandolia and former telecom secretary Siddharth Behura.
The Supreme Court on Wednesday granted bail to five corporate executives co-accused in the case, namely Sanjay Chandra of Unitech Wireless, Vinod Goenka of Swan Telecom and Reliance Group's Gautam Doshi, Surendra Pipara and Hari Nair. With the five getting bail, nine people are now behind bars.