The CBI on Monday urged the Supreme Court to let the SC Bench, which is monitoring the 2G spectrum case, hear the appeals of Bharti Cellular CMD Sunil Bharti Mittal and Essar Group promoter Ravi Ruia. The duo have challenged the summons issued by the 2G trial court in a corruption case linked to the allocation of additional 2G spectrum in 2002.
As the Bench led by Chief Justice Altamas Kabir posted the hearing for Thursday, while asking the special CBI court to simply adjourn the impugned summoning matter coming up for hearing on Tuesday, CBI said that the contentions by Mittal and Ruia should be heard by the original Bench, which has been monitoring the 2G probe.
?The 2G Bench in the Supreme Court has passed some orders pertaining to the chargesheet, cognisance of which has led to summoning the petitioners by the trial court. Even the petitions refer to these orders by another Bench of this court. It would be appropriate in these circumstances that the petitioners be heard by the same Bench,? senior counsel KK Venugopal argued during the brief hearing.
The Chief Justice said that the CBI request will be considered by his Bench on Thursday, the day when arguments will be on whether the case should be moved to Justice GS Singhvi’s Bench, which is monitoring the probe in the case. The special court will take up the trial next Monday. The CJI-led Bench, however, refrained from hearing the matter at length since Justice Viramajit Sen recused from hearing the case.
Telecom Watchdog, a public interest organisation, has filed an affidavit purportedly showing the unmistakable role of Mittal in the scam. It has described the differences in the CBI over filing a chargesheet against Mittal and how his name was dropped.
On being mentioned by the counsel for Mittal and Ruia, the Bench also said that they would appear before the trial court on Wednesday and furnish their personal bonds for their appearance on a future date.
Mittal and Ruia, whose names were not in the CBI’s chargesheet as accused, were summoned by the 2G court, saying there were enough material to proceed against them. Mittal, Ruia and former MD of Hutchison Max (now Vodafone), Asim Ghosh, were asked to appear on the prime ground that they chaired board meetings and controlled their respective companies’ affairs. Mittal and Ruia subsequently challenged this order before the apex court.
While hearing Mittal’s plea, the Bench had put CBI in a tight spot by questioning it over defending the 2G court’s summons against Mittal, but choosing not to name him and others in its chargesheet.
The Chief Justice had asked the investigative agency as to why it did not name him as an accused if it was of the opinion that there was enough material against him for prosecution as an accused.