Reliance Telecom Ltd, an accused in 2G spectrum case, today told the Supreme Court that its anxiety to fast track the trial in the case by barring the High Court from hearing the issues arising out of the matter has infringed upong the fundamental rights of a person for equal protection before the law.
"This order could not have been passed," RTL's counsel Mulkul Rohatgi told justices G S Singhvi and K S Radhakrishnan.
RTL and other accused in the case have sought recall of the apex court's April 11, 2011 order which said "any prayer for staying or impeding progress of the trial can be made only before this court and no other courts shall entertain the same".
Rohatgi said this order was passed by the apex court in its anxiety to fast track justice but it has taken away the rights of the accused granted under Article 14 and 21 for fair trial and violates the rights held under the basic structure of the constitution.
He said the right under Article 226 of the constitution to move the High Court cannot be taken away as there has been an apex court judgement holding that Article 226 is a part of basic structire of the constitution.
