Supreme Court: In a case where a petition was filed to quash the two orders, dated 11.04.2011 and 09.11.2012, given by this Court relating to investigation of 2G Spectrum Scam cases, as the said orders have suspended the right guaranteed to the Petitioners to invoke the jurisdiction of this Court under Articles 32 and 136 of the Constitution of India, the Division Bench comprising of Hon’ble G.S. Singhvi and K.S. Radhakrishnan, JJ., dismissing the petition, held that the two orders do not suffer from any legal infirmity as the impugned orders were passed taking into consideration the wide spread ambit of the investigation and the larger public interest involved in this case. The Court, further, said that the people of this country are concerned with the outcome of this case therefore this Court has got the duty and obligation to assure judicial legitimacy and accountability so that the larger public interest and the interest of the nation is preserved and protected. Taking into account the order given by this Court, on date 11.4.2011, regarding day-to-day trial proceeding of this case, the Court said that the impugned order is passed taking into account the procedural lacunas of present criminal justice system which would only prolong the trial resulting in unavailability of witness and evidences. Adding to this, the Court said that litigants, often, misuse these procedural requirements by indulging in unnecessary and fraudulent litigation thereby delaying the entire trial process, therefore, the Court felt that it is in the interest of larger public that the trial should be as expeditious as possible. [Shahid Balwa v. UOI, WRIT PETITION (C) NO.548 OF 2012, decided on September 3, 2013] Refer the link below to read the full judgment, https://scconline.co.in/cases.aspx?q=Writ_Petition_(C)_No._548_of_2012&db=1
Posted on: Thu, 12 Sep 2013 09:51:43 +0000
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