The Delhi high court on Wednesday refused to entertain a petition seeking directions to the Central Bureau of Investigation (CBI) to make industrialists Ratan Tata and Anil Ambani and lobbyist Niira Radia co-accused in the telecom spectrum case.
"It is matter of common knowledge that the 2G spectrum allocation case is being heard by the CBI special Judge on the direction of the Supreme Court," a division bench of acting chief justice AK Sikri and Justice Rajiv Sahai Endlaw said.
"Without commenting on the maintainability of the petition, we refused to entertain it on the ground that the matter regarding 2G scam is seized of with the Supreme Court. The petitioner can approach the Supreme Court hence."
The bench further said the chargesheets had been filed in the second generation (2G) spectrum allocation case, charges framed and the trial was on.
The direction came on the writ petition by M Furquan, a Delhi-based scribe who said the CBI was "deliberately" suppressing the facts against Ambani and "overlooking" the role of Tata and Radia in the scam.
Earlier, single judge bench of Justice Ajit Bharihoke had asked Furquan to withdraw his plea. "It is a rubbish petition. If I find that you have tried to interfere with the investigation, then you could be in for bigger trouble," said Justice Bharihoke.
"Either you withdraw your petition or argue at your own peril."
He also did not grant the petitioner the liberty to approach the Supreme Court or other judicial forum with his plea to seek direction to the CBI for broadening the ambit of the ongoing probe in the 2G case.
Earlier, too, the special CBI court had rejected Furquan's application seeking a similar order. Special Judge O.P. Saini said no third party will be allowed to "alter or interfere" with the on-going CBI probe in the case.