Govt can’t pass order in Balwa case
The Centre on Monday told the Delhi high court that it cannot pass an order on the issue on the plea of Swan Telecom promoter Shahid Balwa that he was wrongly linked to the underworld don Dawood Ibrahim, as the Supreme Court was seized of the 2G spectrum scam.
“The Supreme Court is seized of the matter (2G case) and minutes (relating to the instant case) were also produced before the apex court which has restrained all other courts from passing any orders,” additional solicitor-general (ASG) A.S. Chandiok told Justice S. Muralidhar.
The ministry of home affairs was earlier asked by the court to file its affidavit on the plea of Balwa that he had links with underworld don Dawood Ibrahim has harmed his business and reputation.
Balwa, in his application, said the Anti-terror Squad of the Mumbai police and the IB, after a thorough inquiry, have found nothing illegal against him and despite the report, the Centre has also failed to file any affidavit on the issue.
Asked by the court about non-filing of the response, Mr Chandiok said, “Besides the Supreme Court order, the matter was sensitive and details of Centre’s findings cannot be disclosed.”
“He (Balwa) has already been arrested in the 2G spectrum case and investigation, which is confidential, was going on,” Mr Chandiok said.
After being informed that the Supreme Court is to hear the case on March 10, Justice Muralidhar deferred the hearing on Balwa’s plea to March 23.
Balwa was arrested in Mumbai on February 7. The ministry of home affairs had claimed that they have sufficient inputs in this regard from the ATS of Maharashtra government and the Intelligence Bureau.
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