 "SC dismisses Essar, Loop pleas in 2G spectrum case : All you need to know")
The Supreme Court today dismissedthe pleas of Essar Teleholdings Ltd and Loop Telecomchallenging the special CBI court’s jurisdiction to hold trialagainst them and their officials in the 2G spectrum case.
•The companies and their officials are facing trial beforethe special CBI court constituted specially to hold trial in2G scam case as the apex court had earlier refused to stay theproceedings against them.
• The two telecom firms had said they have been named inthe charge sheet under section 420 (cheating) and 120B(criminal conspiracy) of the IPC and the charges were triableby a magistrate and not by the special court constituted forhearing the 2G case.
[caption id=“attachment_918127” align=“alignleft” width=“380”] AFP[/caption]
•Over a year after the judgement was reserved, a bench ofjustices G S Singhvi and S J Mukhopadhaya rejected the pleasof the telecom companies which pleaded that they be tried in amagisterial court unlike other accused in 2G cases as theyhave not been charged under Prevention of Corruption (PC) Act.
•The bench, which had reserved its judgement in May 2012,said there was no merit in the plea and dismissed the same.
• Other accused named in the third charge sheet in 2G cas are Essar Group promoters Anshuman and Ravi Ruia along witLoop Telecom promoters Kiran Khaitan, her husband I P Khaitaand Essar Group Director (Strategy and Planning) Vikash SarafThe companies and their promoters have denied anyinvolvement in the scam.
•The counsel appearing for Essar had said that even in the charge sheet against them, CBI has said the offence was triable before a magistrate’s court but it was filing the charge sheet before the special court as it was set up on the order of the apex court to deal with the 2G scam.The counsel had said the February 10, 2011, order for setting up the special court exclusively for hearing the 2G case was delivered on the assumption that it was a case of corruption and the charge sheet would be filed under the PC Act.
Impact Shorts
More Shorts•17 other accused, including former telecom minister A Raja, his former private secretary R K Chandolia, former telecom secretary Siddharth Behura, DMK MP Kanimozhi and officials of Reliance ADAG, are also facing trial for their alleged involvement in the 2G case.
• Earlier too Essar and Bharti Group had expressed regret over summons of a Delhi court to produce their top brass in a case relating to alleged irregularities in allotting excess telecom airwaves.
• “The Essar Group has always displayed the highest regard for law and ethics and has always conducted its business in accordance with the laws of the land,” the group had said in a statement in March. The Essar Group said at the relevant time, it was a minority partner in the telecom venture and that the day-to-day management was effectively in the hands of directors and employees nominated by the Hutchison Group.
• Bharti Group had expressed similar regret, saying their entity and promoters always practiced the highest standards of corporate governance, even alluding that the charges framed were an attempt to tarnish its high reputation.
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