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SC rejects Kanimozhi, Balwa plea against charges in 2G scam

Last Updated 03 November 2015, 19:07 IST

The Supreme Court on Tuesday dismissed the pleas by DMK MP Kanimozhi and Swan Telecom promoter Shahid Usman Balwa challenging the special CBI court’s order framing charges against them in the 2G spectrum allocation scam case.

The apex court, however, modified its 2011 order by allowing the Delhi High Court to entertain any challenge to final orders and judgment of the special CBI court in the 2G spectrum scam case.

A three-judge bench presided over by Chief Justice of India H L Dattu altered the conditions set in February 10 and April 11, 2011 order whereby the high court was restrained from entertaining any petition against the special court order.

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 will not decide their pleas “at this stage” as the trial court has concluded almost two-thirds of the trial in the 2G case.

“The court-appointed special public prosecutor says that the recording of evidence is over. Now final arguments have commenced. It will 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.

In her petition, Kanimozhi, through advocate Joseph Aristotle contended the special court’s order of October 22, 2011, framing charges against her, former Telecom minister A Raja and others for offences of criminal conspiracy, breach of trust, cheating and forgery was made without material evidence as she had no knowledge about financial transaction of Kalaignar TV.

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(Published 03 November 2015, 19:07 IST)

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