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In a surprise decision, the Special Court on Tuesday said that from November 24 onwards the trial in the 2G spectrum case will be shifted to the Tihar jail court complex from its present venue of the Patiala House Court complex.
In this regard, the court cited a notification by the Delhi High Court of November 21 which said that, “In exercise of powers conferred by Section 9 (6) of the Code of Criminal Procedure 1973, the Acting Chief Justice and the judges of this court (the Delhi High Court) have been pleased to order that the trial of 2G spectrum cases shall be held in Tihar Court complex, New Delhi, according to law.”
The Special Judge, Mr O.P. Saini, said, “Accordingly, from November 24, the trial shall be held at Tihar Court Complex… However, on November 23, proceedings shall be held in this court room itself (at Patiala House Court complex, New Delhi) as witnesses have been served with the address of Patiala House Courts and it may not be possible to communicate the change at this stage to them.”
“Moreover, some administrative work is also required to be done like shifting of documents,” the judge added.
The judge made the announcement regarding the shifting of the venue of the trial during the cross-examination of a prosecution witness, Mr Uday Sahasrabuddhe, HDFC Bank’s Mumbai-based Assistant Vice-President.
Defence counsel oppose move
However, counsel for the accused opposed it saying the decision was not accompanied by any valid reason, adding that the move will cause inconvenience to all.
These lawyers, who also have to attend proceedings in other cases, said they will find it difficult to get adjournment in those other cases which are held in Patiala House court complex or the nearby Delhi High Court. Besides, there are other procedural difficulties like getting an entry pass to Tihar Jail to attending the hearing.
Counsel for the accused said they will challenge the notification before the Delhi High Court. The lawyers and the judge were earlier insisting only on a larger court room as the present venue was not large enough to accommodate all those who are attending the proceedings.
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