Essar and Loop contended before the Delhi High Court that the case against them arising out of the 2G scam be taken out of the court of the special judge to a magistrate's court.
Essar and Loop today contended before the Delhi High Court that the case against them arising out of the 2G scam be taken out of the court of the special judge to a magistrate's court as there was no corruption charge but it was contested by the CBI.
"The charge sheet was filed without referring to the Prevention of Corruption Act. How a sessions judge can hear the matter?
"Simple offences under section 420 (cheating) and 120B (criminal conspiracy of the IPC) have been charged (against the companies) and not under the PC Act, which is beyond the jurisdiction of the Special Judge," Senior advocate Harish Salve, appearing for Essar Teleholdings Ltd and Loop Telecom Ltd, said.
The CBI did not dispute Essar's contention that its charge sheet had said that the offences alleged against the accused are triable by a magistrate.
But, its counsel Sonia Mathur contended that since the case arose out of the investigation in the 2G scam, the special court has the jurisdiction over the case.
"The Supreme Court had indicated that a special court would be created which will hear the entire case related to the 2G scam exclusively," she told a two-member bench headed by Justice B D Ahmed.
CBI, in its third charge sheet, had said that the offences alleged against the companies were triable by a magistrate as they have not been charge sheeted under the Prevention of Corruption Act (PCA) in the 2G case.
Salve also sought a stay on the administrative order of the High Court by which the special court was constituted on March 15, last year to hear the 2G case.
The bench, also comprising Justice V K Jain, has now fixed the matter for further hearing on January 24 on the petitions of Essar and Loop.
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