The two telecom companies — Loop and Essar — facing cheating charges in the 2G scam moved the SC on Thursday, challenging special CBI judge OP Saini's jurisdiction to take cognizance of the third chargesheet filed against them.
The companies' move comes following last week’s Delhi HC order asking them to seek a clarification on the issue from SC. The HC's came after a brief hearing on the petitions of Essar Teleholdings and Loop Telecom that the case against them, arising out of the 2G scam, be taken out of special judge's court and transferred to a magistrate as there were no corruption charges against them.
In a related development, CBI withdrew its application seeking the clarification from SC. The agency had on Wednesday moved SC to know whether the special court could conduct a trial of companies that are not charged under the Prevention of Corruption Act (PCA) in the case arising out of the probe in the 2G spectrum scam case.
Appearing for Essar Group, senior counsel Harish Salve submitted before a bench headed by Justice GS Singhvi that the proceedings against them should be conducted before a Magistrate as the companies and their officials were not charged under PCA like other accused in the case. At the outset, the bench observed that its order for conducting the trial in the case was very clear. “The HC should have read the order. It is very clear” the bench said and objected to the appeal filed by the company.