Essar Group challenges special court jurisdiction

Essar Tele Holdings Ltd and Essar Group promoters Anshuman Ruia and Ravi Ruia on Tuesday challenged before the Supreme Court the jurisdiction of a special court to try them on a plea by the CBI in the 2G spectrum allocation case.

They contended the CBI created a mess by linking them to the scam with no evidence to substantiate the allegations while the latter claimed the accused tried to scuttle the trial.

Appearing for Essar Tele Holdings Ltd and the two promoters, senior advocate Harish Salve submitted before a three-judge bench presided over by Chief Justice of India H L Dattu that the CBI did not have an iota of proof to link them with any 2G scam conspiracy.
“The trial is almost over. There is no evidence to show that we are part of that conspiracy,” Salve contended.

He added if the CBI insisted that the 2G court should try the case, the existing trial should end and a fresh trial be ordered.

“So now, the choice is two;  either we go to the magistrate or let the CBI prove that we are part of the same 2G conspiracy. Had we been allowed to go before the magistrate, the case would have been over by now,” he said.

Senior advocate Anand Grover, acting as the 2G case special public prosecutor, countered the arguments by submitting that the special court had the jurisdiction to hold the trial even though no offence under the Prevention of Corruption Act was listed in the charge sheet.

“Their attempts to scuttle have been going on for four years. A large number of witnesses have been declared hostile,” Grover said. He added, “They are mostly employees from these companies,” Grover said.