38.6c New Delhi, India, Friday, April 12, 2024
Judiciary

A Person Cannot Be Touched If That Is Not A Crime on That Date, Submits Atmaram Nadkarni Before Delhi HC

By Parul Singhal      16 October, 2020 01:18 PM      0 Comments
Delhi High Court Telecome Case

A bench of Justice Brijesh Sethi continued to hear the arguments submitted by Senior Advocates Atmaraam Nadkarni, N. Hariharan, and Advocate Vijay Aggarwal on the point of a grant of “leave to appeal” in the pleas against the acquittal of all accused in the 2G case.

Nadkarini started his submissions by stating that Section 13(1)(d) of the Prevention of Corruption Act had been amended and substituted with another Section. Consequently, by an Order 21.12.2017, the accused had been acquitted and there was no relationship between the prosecutor and the accused. 

“In July 2018, the Section is amended. This becomes relevant because though I am not a public servant, I’ve been charged with conspiracy. The CBI started the investigation in January 2020, but they haven’t referred to the amendment”, submitted Nadkarni. 

He referred to two maxims of criminal law- “whatever is not a crime, cannot be made an offense” and “A person cannot be touched if that is not a crime on that date”. 

Nadkarni thereafter submitted that there were no pending proceedings and the only pending thing was the leave to appeal, and an application to leave to appeal did not come under pending proceedings. 

“My prayer is that, 

  1. This very point is pending before the Division Bench, therefore the matter should be referred to DB The validity of the amendment is pending before the SC
  2. For arguendo purposes, my submissions would be on merits of the Application.”

With regard to the Amendment Act, it was submitted by Nadkarni that “there is no repeal and saving clause. You may note that the intention of the legislature is evident from the provisions of the Act. They had in their wisdom chosen to not provide for something that they usually provide in others. It’s not like they were not aware. They were aware of the pending proceedings and prosecutions.”



Share this article:



Leave a feedback about this
TRENDING NEWS

sc-sets-aside-judgment-upholding-arbitral-award-against-dmrc
Trending Business
SC sets aside judgment upholding arbitral award against DMRC [Read Judgment]

Supreme Court overturns arbitral award favoring Reliance Infrastructure subsidiary against DMRC, citing grave miscarriage of justice.

11 April, 2024 11:43 AM
delhi-hc-rejects-third-plea-for-arvind-kejriwals-removal-as-delhi-cm-blasts-petitioner-for-abuse-of-judicial-process
Trending Political NEWS
Delhi HC rejects third plea for Arvind Kejriwal's removal as Delhi CM, blasts petitioner for abuse of judicial process [Read Judgment]

Delhi High Court dismisses the third PIL plea before it seeking Aam Aadmi Party leader Arvind Kejriwal’s removal as Chief Minister of Delhi, imposes Rs. 50,000 cost on petitioner.

11 April, 2024 03:29 PM

TOP STORIES

supreme-court-rejects-plea-to-repatriate-mortal-remains-of-sufi-saint-from-dhaka
Trending Judiciary
Supreme Court Rejects Plea to Repatriate Mortal Remains of Sufi Saint from Dhaka

Supreme Court declines plea to repatriate mortal remains of Sufi Saint, an Indian-born Pakistani national who died in Dhaka.

06 April, 2024 01:40 PM
gst-on-online-gaming-companies-sc-transfers-to-itself-all-pleas-pending-in-hcs
Trending Judiciary
'28 % GST on online gaming companies,' SC transfers to itself all pleas pending in 9 HCs

Supreme Court consolidates 27 petitions challenging the 28% GST on online gaming companies from 9 High Courts, amid legal disputes over tax rates.

06 April, 2024 01:45 PM
sc-grants-bail-to-prof-shoma-sen-in-bhima-koregaon-case-read-judgment
Trending Judiciary
SC grants bail to Prof Shoma Sen in Bhima Koregaon case [Read Judgment]

SC grants bail to Prof Shoma Sen in Bhima Koregaon case, citing lack of evidence linking her to banned terrorist group CPI (Maoist). Details inside.

06 April, 2024 01:58 PM
sc-directs-tn-dgp-to-hold-inquiry-for-blatant-shocking-acts-by-police-in-tutoring-witnesses
Trending Judiciary
SC directs TN DGP to hold inquiry for blatant, shocking acts by police in tutoring witnesses [Read Judgment]

Supreme Court directs Tamil Nadu DGP to investigate police misconduct in witness tampering, leading to acquittal in murder case.

06 April, 2024 05:31 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email