The Supreme Court on Tuesday ended monitoring of the 2G case and cleared decks for the Special 2G court to pronounce final verdict in the case.
Bringing curtains down on two petitions filed by DMK MP K Kanimozhi and 2G accused Shahid Balwa who had challenged the framing of charges against them in the 2G case, the bench of Chief Justice Hl Dattu, Justices AK Sikri and Rohington Nariman directed them to face trial and dismissed their petitions on the ground that the trial was at the fag end. It directed that henceforth, the final order passed against any of the accused can be challenged before the High Court, thus ending the restriction imposed by the apex court on February 10, 2011 and April 11, 2012 on HCs to hear appeals arising out of the 2G trial court.
Senior advocate Amarendra Sharan who appeared for Kanimozhi pointed errors in CBI case against his client that led to charges being falsely framed against her. The bench said, “Trial judge will look into thiat aspect after hearing you. When trial is on and almost going to complete, it is highly improper for us to examine if the charge sheet against this lady was properly framed, that too at this belated stage when the process is compete.”
Sharan argued that the arguments were yet to start in their case as the prosecution had recently submitted 14000 pages of documents that may require recalling of witnesses. But the presence of Special Public Prosecutor Anand Grover settled all doubts. He informed the Court that the arguments have completed except for the petitioner’s arguments and the documents talked about was not fresh evidence.
Balwa’s lawyer senior advocate Salman Khurshid expressed satisfaction with the order ending restriction on appeal before High Court. His excitement was shortlived as the bench added, “We intend to modify our earlier orders by permitting petitioners and other similarly placed persons to approach HC against final order passed by trial judge. We make it clear HC shall not entertain any petition filed against any interim order passed by the special judge.”