Delhi High Court issues notices after ED, CBI seek hearing in 2G case

New Delhi: The Delhi High Court on Thursday issued notices to all the parties involved in the 2G spectrum allocation case, on pleas filed by the Central Bureau of Investigation and Enforcement Directorate (ED) seeking early hearing of their appeals challenging the acquittal of former telecom minister A Raja and others.

The high court has given them a week to respond to the notices.

In a related development, ED opposed a plea by two companies for release of their attached properties. A trial court acquitted them in a money laundering case linked to the alleged 2G spectrum scandal, but ED has not released the properties yet.


Counsel for ED told the high court that the 2G case was of national importance. The agency said the attached properties should not be released till appeals filed by CBI and ED against the acquittal are ruled upon by the high court.

Additional solicitor general Sanjay Jain, appearing for ED, argued that the accused “cannot keep the pot boiling only to enjoy the flavour. They have to assist the court” in adjudication of appeals against the acquittal.

Equating the properties to “fruits of a poisonous tree,” Jain said ED was only trying to prevent the accused from enjoying these fruits.

Conwood Construction & Developers and Eversmile Construction Company petitioned the high court in May seeking release of assets. They alleged that the agency had attached more assets than required.

ED does not want the properties to be released as it apprehends creation of third-party rights.

Opposing ED’s plea, advocate Vijay Aggarwal, counsel for one of the companies, described its stand as “absurd and uncalled for.” Aggarwal said the companies were willing to furnish indemnity bond and bank guarantee, but the properties attached by ED should be released.

He added that the “presumption of innocence” in favour of the companies had been fortified by the acquittal after seven years of trial. Counter accusing the ED of causing a delay in filing an appeal, Aggarwal said the probe agencies filed the appeals on the last date of limitation.

The court reserved its order on the pleas seeking release of properties.