The CBI also opposed their second plea for joint trial with other accused in the main 2G spectrum scam case involving former telecom minister A Raja, saying this will amount to further delaying of criminal proceedings for four more years.
The Supreme Court on Tuesday concluded hearing the pleas of Essar Teleholdings Ltd and its promoters challenging the special CBI court's jurisdiction to hold trial against them in the case arising out of the probe in the 2G spectrum scam.
The CBI said the company and its promoters Ravi and Anshuman Ruia were trying to scuttle the trial that was in an advanced stage, as the firm and Ruias challenged the magisterial court's jurisdiction saying they have not been charged under the Prevention of Corruption Act (PCA).
A bench, comprising Chief Justice H L Dattu and Justices A K Sikri and R Nariman, reserved the order after Essar's counsel and senior advocate Harish Salve submitted that their case should be heard afresh by the magistrate's court since they were charged with the offence of cheating under the IPC and CBI had not made out a case of corruption under PCA.
The CBI also opposed their second plea for joint trial with other accused in the main 2G spectrum scam case involving former telecom minister A Raja, saying this will amount to further delaying of criminal proceedings for four more years.
The apex court-appointed Special Public Prosecutor Anand Grover said the Ruias were indulging in a second round of legal battle as another bench on July 1, 2013 had dismissed their plea to get out of the jurisdiction of the Special Court.
Salve said the accused have a right to take legal remedies and it was wrong to state that trial in the case has almost concluded. He also referred to the application for calling additional witnesses in the case.
Essar's promotors have filed a fresh petition challenging the jurisdiction of special court and the company has moved an appeal against the trial court's September 2, 2013 order refusing to conduct a joint trial for them along with Raja and co-accused Kanimozhi.
The companies and their officials are facing trial before the special CBI court, set up specifically to hold trial in 2G scam case, as the apex court had earlier refused to stay the proceedings against them.
They have been named in the charge sheet under section 420 (cheating) and 120B (criminal conspiracy) of the IPC. The accused contended the charges were triable by a magistrate and not by the special court constituted for the 2G case.
Other accused named in the third charge sheet in 2G case are Anshuman and Ravi Ruia, along with Loop Telecom promoters Kiran Khaitan, her husband I P Khaitan and Essar Group Director (Strategy and Planning) Vikash Saraf.
The companies and their promoters have denied any involvement in the scam.
The special court had on May 25, 2012, framed charges against all the accused for the alleged offences of criminal conspiracy and cheating under the IPC, while substantive charge of cheating was made out only against Saraf.
The recording of prosecution evidence in the case started on July 26, 2012. The court has recorded the statements of 95 CBI witnesses, running into 1,056 pages, while the accused have examined 12 witnesses in their defence.
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