Ruia, who was then a director in one of the accused companies, Sterling Cellular, is also facing trial in another case arising out of the probe into the 2G spectrum allocation case. Staying the CBI special court's summoning order against Mittal for a week till Tuesday, chief justice Altamas Kabir's bench on Monday pulled up the CBI for not naming him in its chargesheet as an accused when there was enough evidence against him. Special CBI judge OP Saini has also summoned Asim Ghosh, then MD of accused firm Hutchison Max Telecom to face criminal charges.
The CBI had last year filed a chargesheet in which former telecom secretary Shyamal Ghosh was also named as accused.
Ruia in his appeal said he was was not named as an accused in either the FIR or the chargesheet. However, based on a completely untenable premise, the petitioner has been summoned to face trial by the impugned order, the petition stated, adding Ruia was neither the directing will and mind nor the alter ego of Sterling Cellular.