The 2G case appeals were continued to be heard by the Hon'ble Delhi High Court. The submissions on point of the grant of 'leave to appeal' to CBI in its appeal against the acquittal of all accused in 2G case was being heard by Hon'ble justice Brijesh Sethi. The central government has the privilege to appoint special Public Prosecutors, after completion of the trial, while defending the leaves to appeal Additional Solicitor General Sanjay Jain submitted. The appeals were not filed according to law averred the accused who are acquitted. 

The centre for appointments granted the approval argued advocate Vijay Aggarwal and said that the matter should be looked into by the Hon'ble Court under High Court rules: "In the whole appeal, there is no footprint of Mr. Mehta (Solicitor General)," said Aggarwal. It was argued that 2G case, is a special case and hence appeal could be filled through and under the signature of a special prosecutor notified for the case. For 2G appeals, there was no appointments he argued that much like Caesar's wife, they have to be beyond doubt as prosecution. Before filing of the appeal the notification for appointment of the Solicitor General  Tushar Mehta was in effect and it was proven that it should have been done through him and not Sanjiv Bhandari. In view of this, the appointment of SG Mehta is challenged on the ground that the appointment was under section 24 (8) CrPC. However, consultation with the Hon'ble High Court for appointments under section 24 (1) CrPC was not followed as per mandatory requirement.

ASG  Sanjay Jain stated in response that there was no need for the centre to consult the Hon'ble High Court for appointments. "Even the appointment of a prosecutor is to be in Consultation of the HC? If we see the language of section 24(1) & 24(8), it is discernible that Consultation is not required," added Jain. He also submitted that for the sake of this argument, SC judgements had been forgotten.  “In ordinary course, the SPP is appointed by Govt but treating 2G case as a special case, the SC under Article 142 so desired that the Public Prosecutor will be appointed by SC,” he said. The procedure of appointments not taken as the concern of the court. What procedure resorted so, as the government’s prerogative.  The government may need special PP for special types/class of cases. He asserted that there was an inherent presumption in favour of prosecutor who prosecuted the Appeal and there would be no allegation that there was no application of mind. The Aditional Solicitor General asserted that the argument had been creatively bought in and the government can make the Special Public Prosecutor appointment as it considered right. “Nobody has been able to point out how it pollutes the filing of the appeal,” he argued. 


This news has been reported by Urvi Yadav