SC refuses to stay trial in money laundering case

The Supreme Court on Tuesday refused to stay the trial in the 2G spectrum allocation scam-related money laundering case and decided to hear on November 26 the plea of the accused seeking quashing of charges against them.

“There will be no stay of the trial,” a three-judge bench presided over by Chief Justice H L Dattu said  when the counsel for accused persons sought to make submissions.During the brief hearing, the counsel questioned the framing of charges by the trial court by taking into account the statements recorded by Enforcement Directorate officials under Section 50 of Prevention of Money Laundering Act.

They submitted that statements recorded by the ED under Section 50 were inadmissible as evidence as they were equivalent to statements recorded under Section 161 CrPC, the use of which is prohibited. However, the bench, also comprising Justices M B Lokur and A K Sikri, before posting the matter to November 26 said, “Once we say no stay of trial, we cannot say don’t look at a particular part of evidence.”

Senior advocates Kapil Sibal and Harish Salve, appearing for some high-profile accused, clarified that they were not asking for stay of the trial but were not clear whether the appeal against trial court framing charges in the money laundering case would lie in the Delhi High Court or the Supreme Court. The apex court, which is monitoring the probe in the 2G spectrum scam, had in its earlier order said that appeal against the special court’s order would not be heard by any other court.