SC dismisses Essar, Loop pleas in 2G case

The Supreme Court on Monday dismissed the pleas of Essar Teleholdings and Loop Telecom challenging the special CBI court’s jurisdiction to hold trial against them and their officials in the 2G case.

A bench of Justices G S Singhvi and S J Mukhopadhaya rejected the pleas of the telecom companies which pleaded that they be tried in a magisterial court unlike other accused in 2G cases as they have not been charged under Prevention of Corruption Act.

Referring to Section 220 (trial for more than one offence) and Section 223 of CrPC (persons charged jointly), the apex court said that petitioners are co-accused in the said 2G scam case and they may be charged and can be tried together with the other accused.

“We find no merit in these writ petitions, they are accordingly dismissed. The Special Court is expected to proceed with the trial on day-to-day basis to ensure early disposal of the trial,” it said adding “Persons accused of different offences committed in the course of the same transaction may be charged jointly”.

The companies and their officials are facing trial before the special CBI court constituted specially to hold trial in 2G scam case as the apex court had earlier refused to stay the proceedings against them.

The two firms had said they have been named in the charge sheet under section 420 (cheating) and 120B (criminal conspiracy) of the IPC and the charges were triable by a magistrate and not by the special court constituted for hearing the 2G case.