Ruias, Khaitans absent from 2G court again

New Delhi: Essar group promoters Ravikant Ruia, Anshuman Ruia and Loop Telecom’s IP Khetan and Kiran Khetan did not appear before the 2G court once again. Vikas Saraf, director, strategy and planning, Essar group appeared before the court and moved a bail plea. The special 2G court will hear the matter on March 17. Meanwhile the Delhi Court granted them exemption from personal appearance in court.

The telecom companies had moved Supreme Court for a stay in the 2G case. However the court refused to grant the stay.

The special 2G court will hear the matter on March 17. Meanwhile the Delhi Court granted them exemption from personal appearance in court. “Exemption applications of four accused (Ruias and Khaitans) are allowed for today only,” Special CBI Judge O P Saini said after taking note of submission of Special Public Prosecutor U U Lalit that the agency was not opposing their plea.

The telecom companies had moved Supreme Court for a stay in the 2G case. However the court refused to grant the stay.

Senior advocates Mukul Rohatgi and Parag Tripathi, appearing for the Ruias and Khaitans respectively, moved separate applications for taking exemption from personal appearance for their clients on grounds including that they were residents of UAE and were not properly served with the summons.

The Khaitans have also cited their “poor health” condition as additional ground in support of their exemption pleas. “The case against us is not a case under the Prevention of Corruption Act and, moreover, we have challenged the administrative order of the Delhi High Court by which this court was constituted to hear the 2G case,” Rohatgi said.

Vikas Saraf, Essar Group Director (Strategy and Planning), however, appeared and moved his bail application before the court which asked the CBI to file a reply and posted it for hearing on March 17.

The court asked the CBI to provide the copy of the charge sheet along with all the relevant documents to the accused who have appeared before it.

The authorised representatives of three firms, Loop Telecom Pvt Ltd, Loop Mobile India Ltd and Essar Tele Holdings which have also been charge sheeted along with their promoters also appeared today following the issuance of summons against them.

The CBI had filed its third charge sheet arising out of its probe into the 2G scam case on 12 December last year, on which the special court had taken cognisance and issued summons to the five accused and three companies.

However, the court issued fresh summons on 27 January against the accused persons as they did not appear before it in pursuance to its earlier order. They had not appeared in the court on 27 January claiming the summons were not “duly” served on them.

The apex court had on February 15 refused to grant interim stay on the summons issued to them but agreed to decide their plea challenging the jurisdiction of the Special CBI Court in hearing their case in the absence of corruption charge against them.

Essar, which has denied any involvement in the 2G case, contended the special court cannot proceed against them as they were not charged under the Prevention of Corruption Act.

The telecom firms had said they have been charge sheeted under section 420 (cheating) and 120B (criminal conspiracy) of the IPC and the charges were triable by a magistrate and not by the special court constituted under the Prevention of Corruption Act for hearing the 2G case.

PTI with inputs from Danish Raza