New Delhi: Kusegaon Fruits and Vegetable director Rajiv Agarwal, who had been acquitted in the 2G spectrum allocation case, on Monday, urged the Delhi High Court to issue a direction to the Centre to bring on record the documents containing the process to be followed before taking a decision to file an appeal.
Arguing for Rajiv Agarwal, his advocate Vijay Aggarwal told Justice Brijesh Sethi that it is important to see whether the action of the executive is within the parameters of the law and that the decision passes the test of reasonableness. If the administrative order is irrational or has been arrived at within taking into consideration relevant factors or suffers from procedural irregularities or if the same is based on distorted or illogical grounds, the counsel argued.
Advocate Aggarwal relied upon Wednesbury’s principle, which lays down that the decision-making process is susceptible to challenge in a Writ Jurisdiction, in case the same suffers from arbitrariness or procedural irregularities.
Rajiv Agarwal has challenged the process of decision-making in passing order by the central government giving approval to the agency to file an appeal against the acquittal of the accused.
The court will hear the matter today as another acquitted individual, former telecom secretary Siddharth Behura will make his submission on Tuesday.
The High Court is currently dealing with CBI appeal challenging the acquittal of all accused including Raja in the 2G spectrum allocation case.