How long can the 2G spectrum case accused be kept behind bars without bail, the Supreme Court asked the Central Bureau of Investigation on Thursday.
A Bench of Justices G.S. Singhvi and H.L. Dattu is hearing the bail applications of Sanjay Chandra and Vinod Goenka. Justice Dattu told Additional-Solicitor General Harin P. Raval, appearing for the CBI: “The question is how many days they are going to be behind bars as the trial is yet to start. Will it be over in seven years? Senior advocate Ram Jethmalani, who is representing Mr. Chandra, will take his own sweet time to cross-examine the witnesses and it could be possible that he may take a month to examine even a single witness.”
When Mr. Raval said “investigation in this case has been going on at a tremendous pace which would otherwise have taken enormous time,” Justice Singhvi pointed out, “You [CBI] are still at the stage of filing additional charges.” He, however, said grant of bail was the discretion of the court which should take the public interest into consideration.
Mr. Jethmalani made sarcastic comments when Mr. Raval said the UPA government was concerned about corruption. “Had this government been so much concerned about corruption, this type of case would not have happened. Had this government not been corrupt $1,500 million which should have come to India would not have disappeared.”
Objecting, Mr. Raval said Mr. Jethmalani should not be allowed to make a political speech.
Mr. Jethmalani, explaining the principles of bail, said it “is the right of an accused unless by his conduct he has forfeited his right. Just as an accused is presumed to be innocent till he is proved guilty, the trial court must presume the innocence of the accused that he will not destroy evidence or tamper with witnesses.
Once the petitioners appeared in the court in response to a summons, they could not be sent to jail. Before sending them to judicial custody proper notice ought to have been given, asking them to explain why they should not be remanded in custody, Mr. Jethmalani said. He said Mr. Chandra was forced to file the bail application after he was remanded in custody. The Delhi High Court had not considered this aspect while rejecting bail, counsel said.
