While allowing early hearing in the 2G spectrum allocation case, the Delhi High Court on Tuesday remarked that the judge must not succumb to pessimism and it is not expected from him to sit leisurely with his pen down and to say that he will not hear the cases because the record is voluminous and the time at his disposal is limited.
The Delhi High Court observation came while allowing plea of CBI and ED for early hearing in the appeal against the acquittal of all the accused in the 2G case.
"The judicial discipline demands that the Judge should do his duty and must not succumb to pessimism and it is not expected from him to sit leisurely with his pen down and to say that he will not hear the cases because the record is voluminous and the time at his disposal is limited," a single-judge bench of Justice Brijesh Sethi said.
"It will be a folly not to make an attempt and to sit idle abdicating one's duty. It is advisable to perform one's duty irrespective of the fact whatever conclusion the petitions reach," the court said.
The court opined that it should not leave the said case and other cases inconclusive for the other Bench to hear the same afresh. It added that hearing the matter fresh by another bench may result into wastage of precious judicial time and putting an unnecessary burden on public exchequer. The court said it should not shirk from its duty and asked the counsels to assist and cooperate in expeditious disposal of these petitions.
The matter would be heard on daily basis after lunch from October 5 and will be taken after the single-judge bench has finished the work of Division Bench, the court said clarifying that arguments will first be heard in the part-heard petition i.e. and thereafter in other petitions.
"In the end, this Court has only one thing to say that no doubt there may be delay in filing the applications for early hearing; no doubt the documents are voluminous in nature; no doubt the evidence runs into thousands of pages; no doubt one of the judgment also runs into 1552 pages, but that does not mean that this should deter this court in hearing the criminal leave petitions," the court said.
All the respondents in the matter including former Telecom Minister A Raja and businessman Shahid Balwa had strongly opposed the application of the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) for early hearing in the 2G appeal case in Delhi High Court.
Advocate Sanjay Jain, Additional Solicitor General (ASG), who appeared for CBI, argued that the matter has a substantial public interest and as the judge who has heard the matter is due to demit his office on November 30 this year and the court may grant an early hearing and hear the matter expeditiously.
Justice Brijesh Sethi, was hearing the appeal of ED and CBI against the trial court order which acquitted all the accused in the 2G case.
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