The judge ordered that they will have to plant and nurture the trees till the rainy season.The Delhi High Court Wednesday declined the request of Swan Telecom promoter Shahid Usman Balwa and others to spare them the task of nurturing trees, which they were directed to plant as a penalty for not filing replies to the ED and CBI’s appeals against their acquittals in the 2G scam cases.
The court said it had passed similar directions in other matters without receiving any complaints from litigants.
Justice Najmi Waziri, however, agreed to reduce the number of trees to be planted by Balwa and businessman Rajiv Agarwal from 3,000 each to 1,500 each.
Appearing on behalf of his clients Balwa and Agarwal, advocate Vijay Aggarwal cited “excessive” cost involved in the nurturing of trees to seek exemption from the task, but the judge orally observed that they can bear the expenses as they were “affluent” people residing in “fancy addresses” in Mumbai.
The judge ordered that they will have to plant and nurture the trees till the rainy season.
The February 7 order had directed Balwa, Agarwal and firms D B Realty Limited, Nihar Constructions Private Limited and Dynamic Realty to plant 3,000 trees each in Delhi’s South Ridge forest area.
It had asked former minister A Raja’s erstwhile private secretary R K Chandolia to plant 500 trees in South Delhi. While he sought exemption, claiming that the cost, which he pegged at Rs 19 lakh, was “extremely excessive” for a government official, the judge refused to budge.
Meanwhile, the court was informed that pursuant to its order, the litigants appeared before Deputy Conservator of Forests, and were asked to arrange for the purchase of trees, manure, water, engagement of contractors.
On March 19 last year, the ED had approached the High Court challenging the special court’s December 21, 2017, order acquitting all the accused. A day later, the CBI, too, challenged the acquittal of the accused in the HC.
