JOIN USThe Supreme Court on Monday dismissed a plea by Essar Teleholdings and Loop Telecom and their promoters against their trial in a cheating case relating to the 2G spectrum scam by the special CBI court here.
Both the telecom firms as well as their promoters had contended that since they were charged with the offences of cheating and criminal conspiracy, they should not be tried in the special court set up under the Prevention of Corruption Act. They pleaded that they should instead be tried before a magisterial court.
A bench of Justices of G S Singhvi and S J Mukhopadhaya, however, rejected their plea and held that since the offence alleged against the companies and their promoters was alleged to have taken place during the course of 2G scam, the special court was empowered to hold trial against them as well.
“As the petitioners have been shown as co-accused in second-supplementary chargesheet filed in 2G scam case, it is open to the Special Judge to take cognizance of the offence under
Section 120-B and Section 420 IPC,” the bench said.
Telecom companies Essar and Loop promoters along with the companies are already facing trial as the special court had cleared the decks for the CBI to produce evidence and witnesses against them for allegedly conspiring to cheat the exchequer. The apex court had earlier refused to stay the proceedings against them.
Essar group promoters Ravikant Ruia and Anshuman Ruia and Loop Telecom promoters I P Khaitan and his wife Kiran Khaitan, besides Essar group Director (Strategy and Planning) Vikash Saraf were charged with the offences of criminal conspiracy under Section 120 B, read with the offence of cheating under Section 420 of the IPC after the court found prima facie evidence against them.
The CBI had filed the chargesheet against all the accused on December 12, 2011.