NDLI: Shahid Balwa Vs. Union of India and Others

Shahid Balwa Vs. Union of India and Others

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Shahid Balwa Vs. Union of India and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	2G Spectrum Scam Case Day-to-day trial
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Transfer Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Constitution of India, 1950 - Articles 136 and 142 - 2GSpectrum Scam Case -Day-to-day trial - Orders passed bySupreme Court in exercise of powers conferred u/Arts. 136 and 142 of the Constitution, while monitoring the investigationof 2G related cases - If liable to be recalled - Held: Thepurpose and object of passing the impugned orders was forlarger public interest and for speedy trial, that too on day-to-day basis which is reflected not only in the various provisionsof the Prevention of Corruption Act, but also falls within therealm of judicial accountability - No reason to lay down anyguidelines in a Court monitored investigation - A superiorcourt exercising the appellate power or constitutional power,if gives a direction to conduct the trial on day-to-day basis orcomplete the trial in a specific time by giving direction is notinterfering with the trial proceedings but only facilitating thespeedy trial, which is a facet of Article 21 of the Constitution- In the case at hand, charge-sheet was filed only in oneamong the various 2G related cases - The Supreme Court,while passing the impugned order, only directed speedy trialand, that too, on a day-to-day basis which cannot be termedas interference with the trial proceedings - Prevention ofCorruption Act, 1988 - s.13(1)(d) - Penal Code, 1860 -s.120-B.
Judge	Hon'ble Mr. Justice K.S. Panicker Radhakrishnan
Neutral Citation	2013 INSC 586
Petitioner	Shahid Balwa
Respondent	Union Of India And Others
SCR	[2013] 11 S.C.R. 51
Judgement Date	2013-09-03
Case Number	548

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