Counsel told to ascertain jurisdiction over 2G spectrum case appeals by Madras HC

The directive followed the contention of the counsel for appellants that a special judge for 2G allocation cases in New Delhi had discharged the accused in Aircel-Maxis case while quashing ED's FIR.
Madras HC building | EPS
Madras HC building | EPS

CHENNAI: A division Bench of the Madras High Court has asked the counsel for the Enforcement Directorate and the Additional Solicitor General of India to ascertain from the Supreme Court as to whether it has the jurisdiction to hear the appeals challenging the cases relating to 2G spectrum cases.

The second Bench of Justices Huluvadi G Ramesh and RMT Teeka Raman gave the directive when a batch of writ appeals from Advantage Strategic Consulting Private Limited and others and writ petitions, challenging various summons issued under Section 37 of FEMA by the ED and the search operations conducted by its authorities came up before it, on Thursday.

The directive followed the contention of the counsel for appellants and petitioners that a special judge for 2G spectrum allocation cases in New Delhi, by an order dated February 2 last, had discharged the accused in Aircel-Maxis case while quashing the FIR filed by the ED. Therefore, this court has jurisdiction over the matters relating to 2G spectrum and that the writ appeals and petitions can be entertained, they argued.

In view of the matter, the Bench directed Anand Grover, special public prosecutor for ED and G Rajagopalan, ASG to seek necessary clarifications from the apex court as to the jurisdiction of this court to entertain the writ appeals and proceed in the matter in the court by the next date of hearing, that is, on June 5.

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