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7. On 21.12.2011, the Special Judge took cognizance of this second supplementary chargesheet dated 12.12.2011 and stated that he was satisfied that there is enough incriminating material on record to proceed against the accused persons.

8. Meanwhile, pursuant to an observation made in this Court’s order dated 10.2.2011, two important things happened. First, the Delhi High Court passed an administrative order dated 15.3.2011 appointing Shri O.P. Saini as Special Judge to undertake trial of cases in relation to all matters pertaining to the 2G Scam, and the Government of NCT of Delhi also promulgated a notification dated 28.3.2011 under the Prevention of Corruption Act nominating the self-same Shri O.P. Saini a Special Judge to undertake trial of cases in relation to all matters pertaining to the 2G Scam. Three writ petitions were filed as has been stated above, challenging inter alia the order dated 21.12.2011 passed by the Special Judge, CBI taking cognizance of the matters stated in the second supplementary chargesheet against the petitioners before us. The prayers contained in these writ petitions are set out hereunder:

11. After setting out Sections 194, 26, 220 and 223 of the Code of Criminal Procedure Code (in short “CrPC”) and Sections 3 and 4 of the Prevention of Corruption Act, this Court stated:

“From the aforesaid second charge-sheet it is clear that the offence alleged to have been committed by the petitioners in the course of 2G Scam cases. For the said reason they have been made accused in the 2G Scam case.
Admittedly, the co-accused of 2G Scam case charged under the provisions of the Prevention of Corruption Act can be tried only by the Special Judge. The petitioners are co-accused in the said 2G Scam case. In this background Section 220 CrPC will apply and the petitioners though accused of different offences i.e. under Sections 420/120-B IPC, which alleged to have been committed in the course of 2G Spectrum transactions, under Section 223 CrPC they may be charged and can be tried together with the other co-accused of 2G Scam cases.” [at paras 24 and 25]

12. This Court went on to consider some of the earlier judgments of this Court with reference to the validity of the administrative order dated 15.3.2011 and the notification dated 28.3.2011 and then held:

“On the question of validity of the Notification dated 28-3-2011 issued by the NCT of Delhi and Administrative Order dated 15-3-2011 passed by the Delhi High Court, we hold as follows:
30.1. Under sub-section (1) of Section 3 of the PC Act the State Government may, by notification in the Official Gazette, appoint as many Special Judges as may be necessary for such area or areas or for such case or group of cases as may be specified in the notification to try any offence punishable under the PC Act. In the present case, as admittedly, co-accused have been charged under the provisions of the PC Act, and such offence punishable under the PC Act, the NCT of Delhi is well within its jurisdiction to issue notification(s) appointing Special Judge(s) to try the 2G Scam case(s).
30.3. In the present case, the petitioners have not challenged the nomination made by the High Court of Delhi to the NCT of Delhi. They have challenged the letter dated 15-3-2011 written by the Registrar General, High Court of Delhi, New Delhi to the District Judge-I-cum-Sessions Judge, Tis Hazari Courts, Delhi and the District Judge-IV-cum-Additional Sessions Judge, I/C, New Delhi District, Patiala House Courts, New Delhi whereby the High Court intimated the officers about nomination of Mr O.P. Saini, an officer of Delhi Higher Judicial Service for his appointment as Special Judge for 2G Scam cases.” [at para 30]