The Supreme Court has spurned a petition each from Essar Teleholdings and Loop Telecom seeking a direction to the special CBI court that it cannot try the promoters in the 2G case, and ordered that all cases pertaining to the scam are to be heard by itself. The court was sitting over its verdict in the case for over the past one and a half years.
"We find no merit in these writ petitions, they are accordingly dismissed. The special court is expected to proceed with the trial on day-to-day basis to ensure early disposal of the trial," it said, adding "persons accused of different offences committed in the course of the same transaction may be charged jointly".
Holding that the alleged offence were committed by these telecom firms in the course of the 2G scam cases, a bench of justices GS Singhvi and SJ Mukhopadhaya said the special court is empowered to hear all cases pertaining to the scam and asked the court to hold day-to-day trial to ensure early disposal of the case.
Over a year after the judgement was reserved, the bench rejected the plea of telcos which submitted that they be tried in a magisterial court unlike other accused in 2G cases as they have not been charged under the provisions of the Prevention of Corruption Act.
The apex court further said petitioners are co-accused in the said 2G scam case and they may be charged and can be tried together with the other accused. The telecom firms and their promoters have been charged for cheating and criminal conspiracy.
Referring to Prevention of Corruption Act, the court said it clearly mandates that any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified under the PC Act can also be tried by a special judge.The companies and their officials are facing trial before the CBI court constituted specially to hold trial in 2G scam case as the apex court had earlier refused to stay the proceedings against them.
The two telecom firms had said they have been named in the charge sheet under section 420 and 120B of the IPC and the charges were triable by a magistrate and not by the special court. The other accused named in the third charge sheet in 2G case are Essar Group promoters Anshuman and Ravi Ruia along with Loop Telecom promoters Kiran Khaitan, her husband IP Khaitan and Essar Group director for strategy and planning Vikash Saraf.
The apex court also rejected the plea of telecom firms which had challenged the setting up of special court for holding trial in the 2G case."In the present case there is nothing on the record to suggest that the petitioners will not get fair trial and may face miscarriage of justice.
In absence of any such threat and miscarriage of justice, no interference is called for against the impugned order taking cognizance of the offence against the petitioners," the court said.
