The Supreme Court Thursday issued notice to the CBI and two respondents on Reliance Telecom's plea challenging its order which said that no other court except it could entertain petitions related to trial in the special 2G court.
The apex court bench of Justice G.S. Singhvi and Justice K.S. Radhakrishnan issued notice on the Reliance Telecom plea which said the apex court order of April 11, 2011 was contrary to law and constitutional provisions and violated its constitutional rights and the provisions of the Criminal Procedure Code (Cr.PC).
Notice were also issued to Centre for Public Interest Litigation and Janata Party chief Subramanian Swamy as it was during a hearing on their pleas, alleging wrongdoings in awarding of 2G telecom licences, that the apex court had issued the April 2011 order.
The apex court by its impugned order had said: "We also make it clear that any objection about appointment of special public prosecutor or the assistant advocate or any prayer for staying or impeding progress of the trial can only be made before this court and no other court shall entertain the same. The trial must proceed on a day to day basis."
Seeking the recall of the April 2011 order, Reliance Telecom said: "The right to approach the high court under Article 226/227 forms part of the basic structure of the constitution."
"The right to file a petition under section 482 of the Cr.PC is also a statutory right," the Reliance Telecom petition said.
"The constitutional remedy envisaged under Article 226/227 (of the constitution) which is available to all the citizens ... cannot be taken away by even under Article 142 of the constitution of India," it said.
The petition said an order passed by the apex court which directly affected the rights of the citizens without affording an opportunity of begin heard, was violative of the principle of natural justice.
As apex court issued notice to the CBI, it said the Reliance Telecom plea challenging the 2G trial court's order allowing the CBI to present more witnesses would be taken up for hearing after deciding the challenge to its order debarring the high court from entertaining any plea against 2G court's order.
The court would next hear the case Aug 7. It gave the CBI, CPIL and Swamy four days to file their response on the Reliance Telecom plea.
