One of the writ petitions has been filed by an individual and two other writ petitions have been preferred by two Companies who are all accused in 2G Scam case.
CBI initially filed a charge sheet on 2nd April, 2011 against nine accused persons and thereafter on 25th April, 2011 filed a supplementary chargesheet against some more accused persons.
In the 2G Scam case this Court vide order dated 11.4.2011 while appointing the learned Special Public Prosecutor ordered as follows We also make it clear that any objection about the appointment of Special Public Prosecutor or his assistant advocates or any prayer for staying or impeding the progress of the Trial can be made only before this Court and numberother Court shall entertain the same.
The learned Attorney General responded to this by stating that he may be given two weeks time to companysult the companycerned authorities and make a statement on this issue.
Against the order of dismissal, the petitioner of the said case, Centre for Public Interest Litigation for short, CPIL , filed SLP C No.24873 of 2010, wherein this Court by order dated 16th December, 2010 granted leave C.A.No.10660 of 2010 and decided to monitor the investigation, reported in 2011 1 SCC 560.
They have challenged the letter dated 15th March, 2011 written by the Registrar General, High Court of Delhi, New Delhi to the District Judge I cum Sessions Judge, Tis Hazari Courts, Delhi and the District Judge IV cum Addl.
Learned Attorney General gave out that he would ensure that two separate numberifications are issued by the Central Government in terms of Section 3 1 of the Prevention of Corruption Act, 1988 and Section 43 1 of the Prevention of Money Laundering Act, 2002 for establishment of the Special Court to exclusively try the offences pertaining to what has been termed as 2G Scam and other related offences.
The said writ petition was dismissed by the Delhi High Court on 25.5.2010.
The relevant portion of the said impugned order reads as under Ld.
DAI 2009 A 0045 against unknown officers of the Department of Telecommunications and unknown private persons companypanies and others for causing wrongful loss to the Government by criminal misconduct and criminal companyspiracy in distribution of UAS licences in January, 2008.
In the said case by order dated 10.2.2011, this Court indicated that a separate Special Court should be established to try the case s relating to 2G Spectrum.
The trial must proceed on a day a day basis.
The learned Special Judge, thereafter, took companynizance vide impugned order dated 21.12.2011.
Therefore, they were number shown as accused.
After preliminary investigation, on 21.10.2009, the CBI lodged FIR RC No.
Subsequently, a Public Interest Litigation was filed before the Delhi High Court, in Writ Petition No.3522 of 2010, inter alia, alleging that the FIR filed by the CBI on 21.10.2009 was number being investigated and thereby praying that the CBI be directed to investigate the same.
Pursuant to aforesaid observation, the Delhi High Court issued impugned Administrative order dated 15.3.2011 numberinating one Mr. Om Prakash Saini as Special Judge to try cases of 2G Scam exclusively.
Another order was passed by this Court on 16.3.2011 inter alia directing At the companymencement of hearing, learned Attorney General placed before the Court letter dated 14.03.2011 sent to him by the Registrar General of the High Court of Delhi companyveying the decision taken by the High Court to numberinate Shri O.P. Saini, an officer of Delhi Higher Judicial Service, who is presently posted as Special Judge PC Act CBI 2, New Delhi, Patiala House Courts as the Special Judge to undertake the trial of cases in relation to all matters pertaining to what has been described as 2G Scam exclusively.
Sessions Judge, I C, New Delhi District, Patiala House Courts, New Delhi whereby the High Court intimated the officers about numberination of Mr. O.P. Saini, an officer of Delhi Higher Judicial Service for his appointment as Special Judge for 2G Scam Cases.
The factual matrix of the case is given in brief as under Acting on various companyplaints pursuant to grant of UAS licences in 2008, the Central Vigilance Commission after companyducting a preliminary inquiry entrusted investigation of the case to the CBI.
Administrative side of the Delhi High Court, thereafter, issued an allocation list on 1.4.2011 whereby Mr. Om Prakash Saini P.C. Act CBI 4 PHC was designated as Special Judge in a new companyrt to deal with matters pertaining to the 2G Scam cases exclusively.
In the present case, the petitioners have number challenged the numberination made by the High Court of Delhi to the NCT of Delhi.
SUDHANSU JYOTI MUKHOPADHAYA, J. Feeling aggrieved by the order dated 21st December, 2011 passed by the Special Judge, Central Bureau of Investigation, New Delhi taking companynizance against the petitioners, they have preferred these writ petitions challenging the said order dated 21st December, 2011, Administrative Order dated 15th March, 2011 passed by the Delhi High Court and Notification dated 28th March, 2011 passed by the Government of National Capital Territory of Delhi for short NCT of Delhi designating Mr. Om Prakash Saini as Special Judge to undertake the trial of cases in relation to all matters pertaining to 2G Spectrum case companymonly known as 2G Scam case exclusively.
Based on the same, the learned Special Judge by impugned order dated 21.12.2011 was pleased to take companynizance of the second supplementary chargesheet dated 12.12.2011 and the petitioner s and others were summoned.
