New Delhi (ILNS): The Delhi High Court has dismissed a plea filed by former telecom secretary Siddharth Behura, Rajiv Agarwal and Sharad Kumar, accused and acquitted in the alleged 2G scam, challenging a CBI appeal against the 2G order. The plea from the three had cited lack of requisite approval from the Centre under Section 378(2) of CrPC as ground for challenge.
While the CBI moved the high court challenging the earlier order of acquittal of all accused, Behura, Agarwal and Kumar last month moved the Delhi High Court against that CBI plea.
Justice Brijesh Sethi, while dismissing the plea, observed that the plea was not maintainable as it was not within the scope of Section 378(2) of CrPC. Justice Sethi further said that the CBI was not required to file a copy of the Central government’s approval for the purpose of filing an appeal.
The bench further clarified that the amendment of the Prevention of Corruption Act in 2018 would not apply in the present case as there was no legislative intent to wipe out the earlier law.
While dismissing the plea, Justice Sethi, who will be superannuating soon, had listed the matter before another bench for hearing.