(H.L. Dattu, C.J. and A.K. Sikri and Rohinton Fali Nariman, JJ.)
Writ Petition (Crl.) No. 120 of 2013
Kanimozhi Karunanithi ________ Appellant
v.
C.B.I. and Anr. ________________ Respondent(s)
With
Writ Petition (Crl.) No. 205 of 2013
Shahid Balwa ___________________ Appellant(s)
v.
C.B.I. and Ors. ____________________ Respondent(s)
Writ Petition (Crl.) No. 120 of 2013 and Writ Petition (Crl.) No. 205 of 2013, decided on November 3, 2015
The Order of the court was delivered by
Order
1. We have heard learned counsel for the parties to the lis.
2. We decline to entertain the Writ Petitions, which are accordingly dismissed.
3. It would be open to both the petitioners to agitate and put forward its defences before the Trial Court and the same shall be duly considered in accordance with law.
4. At this stage, however, an oral request has been made by Shri Amarendra Sharan and Mr. Salman Khurshid, learned senior counsel, appearing for the respective petitioners herein for modification of our earlier orders dated 10.02.2011 and 11.04.2011. In those orders we had made it clear that since this Court was monitoring the investigation of the 2-G Spectrum cases, any order that would be made by the Special Judge could be challenged only in this Court in an appropriate proceedings. The purpose was to ensure smooth trial of the cases.
5. Shri Anand Grover, learned Special Public Prosecutor appointed by us would submit that the evidence in the matters is complete and now the arguments are being heard in the matters.
6. In view of these developments, we intend to modify our earlier orders dated 10.02.2011 and 11.04.2011 by clarifying that the petitioners herein and also similarly placed persons would be entitled to approach the High Court against the final judgment(s) that may be passed against them on trial.
7. We make it clear that the High Court shall not entertain any petition(s) filed against any interim order(s) passed by the learned Special Judge.
8. Ordered accordingly.
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