R K Chandolia, former private secretary of A Raja and an accused in the
2G Spectrum allocation case, on Monday moved the Supreme Court challenging the
Delhi High Court's suo-motu decision to stay the grant of bail to him by the special Central Bureau of Investigation (CBI) judge in the matter.
The counsel for Chandolia, who was out of
Tihar Jail on December 1 after being granted bail, mentioned the appeal before a bench headed by Justice Altamas Kabir for urgent hearing saying the decision of the high court was "unwarranted and erroneous".
Kanimozhi, four others get bail in 2G scam Justice Kabir told Sanjiv Sen, counsel for Chandolia, that the bench was not sure whether the appeal fell within the ambit of sphere of work allocated to it under the rules for business of the apex court.
The court then asked the lawyer to mention the matter again on Wednesday morning as the apex court registry, by that time, would find out whether the court could take up the matter for hearing or not.
Earlier, a bench of Justice V K Shali of the High Court, had stayed the trial court order granting bail to Chandolia.
A day after Chandolia got out of Tihar after getting bail in the case, the High Court took suo motu cognizance of news reports and said that the stay would be operative if he was not released from the prison.
The High Court had said that his release would have an "impact" on a plea of former Telecom Secretary Siddharth Behura. It had earlier reserved its verdict on the bail plea of Behura.
The counsel for Chandolia said that decision of the high court was erroneous as the special CBI Judge had granted bail on the basis of an apex court judgment granting bail to five to corporate executives, who are also named in the charge sheet in the 2G scam.
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