2G JUGDES CAN THEY GIVE A FAIR TRIAL

With the 2G scam gaining such intensity in media, social, corporate, legal and Government circuits, the appointment of a ‘Special Court’ by the Supreme Court for investigation proceedings is a move that has left the whole country waiting to see the take of this Special Court.
The hype generated makes it more important to look at the reasons on the basis of which the competency of the Special Judge O P Saini can be questioned.
It is to wonder how the special judge was able to take cognizance of the two charge sheets (one with 127 pages & another with 49 pages) with annexures running over 85000 pages in just 15 to 20 minutes of receiving these documents. Does this show he is under some sort of ‘pressure’ (if yes, then who is exerting this pressure) or does this mean he has a record-reading speed?
It is an open fact that the special judge, in his own court, has passed many judgments in which bail has been granted after filing of the charge sheet. In fact, granting bail to people who are not arrested during the course of investigations is a normal practice and within the purview of law. So what is it that makes him decide against it in this case – is it the pressure created by media as the people involved are high profile. . . is it that the special judge can let his judgment influenced by the hype of the case. If so, then is it fair to have him as a special judge in this case?
In fact, leading lawyers have expressed their shock over the special judge’s decision. Economic Times (Delhi) quoted Harish Salve, a prominent lawyer & former Solicitor General of India – “My personal view is that this is not a case for which bail can be denied. Today’s development is a worrisome trend”. Another prominent lawyer and a senior advocate, Mahesh Jethmalani said on CNBC TV18, “Bail denial to five accused in 2G Scam surprising!”
The courtroom where this high profile and crucial case proceeding was taking place, was nothing but a noisy, cramped and congested room wherein people just kept on walking in and out. There were continuous human chatter across the room as the proceeding was on. This display of maintaining court decorum while a serious case proceeding is in progress again makes one wonder about the capability and competence of Special Judge. Majid Memon, a Mumbai-based lawyer who represented Vinod Goenka for the first time on 20th April’11, was appalled to see that this shabby and congested room would be hearing an all-important case on which the whole country’s attention was tuned into.
Truth has to come to the surface but one still wonders if the trial conducted would be fair and competent, free from all pressure and prejudice