Rajiv Agarwal, facing trial in the 2G spectrum case along with former telecom minister A Raja and others, today moved a special court seeking a joint trial with promoters of Essar Group and Loop Telecom in a case arising out of the probe into the scam.
Agarwal, a director in a private firm, approached the court two days after Essar Teleholdings Limited, facing trial in a case arising out of the probe into the 2G scam, had moved a similar plea seeking a joint trial with Raja and others.
In his plea filed before special CBI judge OP Saini, Agarwal said since they have been treated as "co-accused" by the Supreme Court in its recent order, a separate trial "shall amount to violation of the judgement" of the apex court and would also affect the "precious rights" of the accused.
The petition, filed through advocate Vijay Aggarwal, also said that as per the law and the order of the apex court, "all the co-accused have to be charged jointly and tried together".
"Though it is not the case of the applicant, however, in view of the aforesaid judgement dated July 1, 2013 passed by the Supreme Court, which is binding on the applicant, it follows that the trial of the main charge-sheet, the first supplementary charge-sheet and the second supplementary charge-sheet have to be tried together in the same trial, as per law...." it said.
The plea, on which arguments would be heard on August 2, also said that as the trial is still in progress, "it would be expedient in the interest of justice and fair and proper trial that the present situation may be remedied at the earliest".
The apex court had on July 1 this year dismissed the plea of Essar Teleholdings Ltd (ETHL) and Loop Telecom that they, along with their promoters, cannot be tried in the case arising out of 2G scam by the special CBI court as they have not been charged under the Prevention of Corruption Act.
The bench, while dismissing their plea, had referred to section 220 (trial for more than one offence) and section 223 of CrPC (persons charged jointly), saying the petitioners were co-accused in the said 2G scam case and may be charged and can be tried together with the other accused.